Legal
Terms & Conditions
Core booking and usage expectations for the Febus Films experience.
Important: Booking and Payment
Payment must be received within forty-eight (48) hours of signing the contract. Failure to submit payment within this timeframe will result in the contract being automatically deemed void.
The Event is not considered booked until the contract has been signed and the required retainer has been received. All bookings are accepted on a first-come, first-served basis. This provision applies notwithstanding any other communications.
1(A). Febus Films Responsibilities
Febus Films, referred to as Photographer/Videographer, agrees to perform photographic services for the Client at the Event in a professional and workmanlike manner consistent with prevailing industry standards.
Febus Films may employ one or more assistants as needed. Febus Films shall not be responsible for the impact on the final product caused by interference from guests, other vendors, or any circumstances beyond the Photographer's/Videographer's reasonable control.
Febus Films will make every reasonable effort to obtain requested images; however, delivery of any specific image or moment cannot be guaranteed due to factors outside of the Photographer's/Videographer's control, including the Event itself, participant cooperation, weather conditions, and any rules or restrictions imposed by the venue or officiant.
This includes aerial or drone footage, which may be restricted or unavailable due to weather conditions, venue policies, airspace regulations, or applicable laws.
Febus Films relies on the timeline provided by the Client, coordinator, or designated event representative, and is not responsible for missed coverage resulting from schedule changes, delays, or modifications that are not communicated directly to Febus Films in a timely manner.
1(B). Safety and Conduct
If the Photographer/Videographer is exposed to unsafe conditions or objectionable or illegal acts at the Event, Febus Films reserves the right to take reasonable action to remedy the situation, including, but not limited to, leaving the Event.
In such circumstances, Febus Films shall not be obligated to refund any fees paid by the Client as a result of such action.
2. Retainer and Payment
A non-refundable retainer equal to thirty-five percent (35%) of the total fee for the Services is due upon execution of the Agreement and shall be applied toward the total balance owed, as set forth in the Payment Schedule.
Upon receipt of the retainer, Febus Films commits to being available for the Event date, subject to non-payment, reasonable emergencies, and force majeure events.
The remaining balance for the Services shall be paid in accordance with the Payment Schedule, and the total balance must be paid in full no later than two (2) weeks prior to the Event date.
If the Client fails to remit any payment when due, Febus Films shall have the right to immediately suspend services or terminate the Agreement, with no further obligation to attend the Event, provide services, or deliver images or media. In such circumstances, all payments made, including the retainer, shall remain non-refundable.
2(A). Email and Promotional Communications
By submitting an inquiry form, contacting Febus Films, or entering into a booking conversation, the Client agrees that Febus Films may send emails, follow-up messages, planning notes, promotional materials, availability information, and other communications related to Febus Films services.
The Client may opt out of promotional communications at any time by following unsubscribe instructions included in an email when available or by contacting hello@febusfilms.com. Febus Films may still send non-promotional communications related to inquiries, contracts, payments, scheduling, galleries, deliverables, or services requested by the Client.
3. Copyright
All photographs or videos taken by Febus Films at the Event, in whatever form, are protected by copyright law.
Febus Films will allow reproduction and publishing for personal and commercial use, including wall hangings at home, websites, social media, journal entries, and marketing or promotional use by the Client.
Any sale, licensing, or publication for profit by third parties without Febus Films' express written permission is a violation of federal copyright law. Febus Films retains copyright in all images and videos taken at the Event. This clause shall survive the Term.
4. Term
The term of the Agreement shall commence upon execution of the Agreement and shall terminate upon delivery of the final, Client-approved media by Febus Films to the Client, unless terminated earlier as otherwise provided herein.
5. Event Changes
Febus Films must be notified immediately of any changes to the Event schedule or location and no later than seven (7) days prior to the scheduled Event date.
If the Client provides notice by phone, written confirmation, such as email, must be provided within two (2) days of such notification.
If the Event date is changed and notice is not provided within the time period specified above, Febus Films shall be entitled to retain the retainer amount as liquidated damages for having to reschedule the Event.
If a new Event date is requested, the retainer amount must be repaid in full at the time of booking the new date and is subject to Febus Films' availability. Febus Films is under no obligation to commit to or hold any rescheduled Event date.
6. Cancellation
Upon acceptance of these terms and payment of the retainer, Febus Films shall commit to attending the Event on the scheduled date and shall decline all other bookings for that date.
If the Client cancels the Event for any reason, Febus Films shall not be required to refund any payments made by the Client. In addition, a cancellation fee of four hundred dollars ($400) shall be due upon cancellation.
7. Delivery Date
The media/data, including photos and video, shall be delivered no later than one hundred eighty (180) days from the date of the Event.
Febus Films will choose the best images from the engagement session, if applicable, and the wedding day. Febus Films does not show unedited images, nor does it involve the Client in the process of choosing which images will be included in the final gallery.
Febus Films spends a great deal of time reviewing each image individually and will only deliver the best of the best. Any images that are unappealing, including closed eyes, unflattering facial expressions, or images that do not meet Febus Films' professional standards, will be deleted.
8. Online Gallery
The wedding images will be displayed in an online gallery within approximately two (2) to three (3) months following the wedding day.
The online gallery will remain available for twelve (12) weeks. If the Client wishes to order prints, all orders must be placed within this time frame.
A fee of ten dollars ($10.00) will be charged for each additional week the Client requests the gallery to remain available.
9. Price Protection
Febus Films warrants that all prices quoted for Event images are valid for a period of six (6) months following the Event.
Any orders placed after this period shall be subject to Febus Films' published pricing in effect at the time the order is placed.
10. Model Release
The Client agrees that Febus Films may reproduce, publish, exhibit, and otherwise use images or videos from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images or videos.
11. Force Majeure
If the Photographer/Videographer is unable to perform the Agreement, in whole or in part, due to an emergency, casualty, injury, acts of God or nature, acts of terror, or any other cause beyond the control of the parties, no liability shall be held against Febus Films with respect to the Agreement.
This limitation of liability shall also apply in the event that photographic or video materials are damaged in processing, lost due to camera malfunction, lost in transit or mail, or otherwise lost or damaged through no fault or despite reasonable care on the part of the Photographer/Videographer.
The Client acknowledges and agrees that an entire wedding cannot be replicated, reenacted, or repeated for the purpose of a reshoot, and therefore limits Febus Films' liability to the total amount paid under the Agreement.
In the event of an extenuating circumstance on the part of Febus Films, Febus Films may, at its discretion, secure and provide an alternative Photographer/Videographer or reimburse the full amount paid by the Client, including the retainer. Febus Films shall not be held liable for services not rendered.
12. Transaction Fees
Various payment methods are available. No more than three percent (3.0%) in transaction or processing fees shall be paid by the Client, unless otherwise stated in writing.
13. Jurisdiction
The state and federal courts serving the jurisdiction in which the Event takes place, including but not limited to San Juan, Puerto Rico, or the State of Florida, shall have exclusive jurisdiction over any disputes arising out of or relating to the Agreement, and both parties consent to the personal jurisdiction and venue of such courts.
14. Solicitor's Fees
The prevailing party in any litigation or dispute arising out of or relating to the Agreement, or the Services performed thereunder, shall be entitled to recover reasonable solicitor's fees, costs, and expenses from the non-prevailing party.
15. Team Responsibility
If, for any reason, the primary Photographer/Videographer of Febus Films is not available, Febus Films shall assign a capable team member to fulfill the responsibilities of the Event date.
All post-processing and editing shall be performed by the Febus Films team.
16. Indemnification
The Client acknowledges that Febus Films may be limited by the guidelines, rules, or restrictions imposed by the officiant performing the ceremony or by the venue, and agrees to hold Febus Films harmless for any impact such restrictions may have on the final product.
17. Limitation of Liability
Febus Films' entire liability for any claim, loss, damage, or injury arising under or relating to the Agreement shall be limited to the total fees paid by the Client for the Services.
In no event shall Febus Films be liable for any special, incidental, consequential, or punitive damages, even if the Client has informed Febus Films of circumstances that would give rise to such damages.
18. Vendor Meals
The Client shall arrange with the caterer for meals to be provided to the Photographer/Videographer and any assistants present, if applicable.
Meals shall be taken during the Client's dinner or a natural break in the Event timeline, when there are no key moments scheduled to be captured.
If meals are not provided, one (1) hour shall be deducted from the total contracted coverage time.
19. Choice of Law
The Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Event takes place, including, where applicable, the laws of the State of Florida or the Commonwealth of Puerto Rico, without regard to conflict-of-laws provisions.
20. Waiver and Miscellaneous
The Agreement constitutes the complete and entire agreement between the parties with respect to the subject matter thereof, notwithstanding any prior or contemporaneous oral or written representations made before, during, or after its execution.
Any amendment or modification to the Agreement shall be effective only if made in writing and executed by both parties.
21. Protection of Deliverables and Retention of Files
Febus Films shall take reasonable steps to safeguard the images and media created at the Event until final delivery to the Client.
Once the final media has been delivered, Febus Films shall have no further obligation to store, archive, back up, or retain the images or media in any format. The Client is solely responsible for downloading and preserving all delivered files.
22. Travel Costs and Related Fees
All travel-related costs shall be paid by the Client unless otherwise stated in a custom quote. This includes, but is not limited to, parking and toll expenses.
Any Event that requires air travel must include the applicable Travel Expense add-on. If air travel is required and the Travel Expense add-on has not been applied, the Agreement shall be considered void.
A three (3) night stay shall be required for any Event located outside of Florida or Puerto Rico, unless otherwise stated in the custom quote.
23. Overtime
Overtime shall be billed at a rate of four hundred dollars ($400) per hour.