WARRANTY

 

We warrant that we will use all due skill and care in providing our clients with our Services.

 

Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to a client as part of the Service we shall, where possible, assign to the client the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us. 

 

We reserve the right to assign or sub-contract any or all of the Services, rights, and obligations under these terms and conditions without your further consent to such assignment or sub-contract.

 

We guarantee to work in accordance with Health and Safety regulations and reserve the right to identify and refuse to work in situations we deem dangerous or unsafe. 

 

We guarantee to respect the wishes and regulations of authority, venue, persons in attendance, etc.  Such restrictions may limit our capability to film and shall be considered out of our control for which we will not be held liable for loss, or incompleteness of our Services.

 

We guarantee to make every reasonable effort to arrive at location on time, but we will not be held responsible for lateness or non-attendance due to circumstances out of our control including but not limited to traffic delays, severe weather conditions, unforeseen illness/incapacity, accident, technical, camera or equipment failure. In such circumstances we guarantee to contact the client as soon as possible to discuss alternative arrangements. 

 

We reserve the right to use our professional expertise and discretion to identify, film, and include what we deem significant aspects of our Services to a client.  We retain all artistic license throughout our Services.

 

We do not guarantee a minimum amount of footage or length of video especially with respect to live events, coverage, etc.

 

LIABILITY

 

We will not be held liable or responsible for any lighting, sound or interference issues caused by circumstances outside our control. This includes camera/equipment failure, adverse lighting, noise issues and restrictions imposed by venues. 

 

We shall have no liability to a client for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by a client to us or instructions supplied by a client which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of the client’s.

 

We maintain that it is the client’s responsibility to obtain any permissions, licenses, and pay any fees associated with our Services including with or through any third party.  This responsibility extends to, but is not limited to, permissions, licenses, and consent to film on location, at venues, persons in attendance, subjects, etc.  We will not be held liable for any claims in breach of these permissions, licenses, consent, payment, etc. by the client or any third party.

 

Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.

 

Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by the client in respect of the services, goods and/or materials we supply to the client or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.

 

The client agrees to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by the client, including any third party liabilities incurred by us.

DrakeWise

©2018 by DrakeWise Technologies Inc.

Grand Junction, Colorado| Washington D.C. | Alexandria, Virginia | 302-572-WISE| customer.service@drakewise.com