Terms & Conditions

Terms and Conditions of Agreement

Client agrees to pay Simon Debattista the partial payment/booking fee of 50% upon signing of the contract. Client agrees to pay the remaining balance in full upon final delivery. In the occurrence of cancellation, the client agrees to forego return of the partial payment.

Scope of Services

This agreement applies to all services provided by Simon Debattista, including but not limited to direction, AV and technical production, videography, photography, live event production, broadcast, and sports coverage. Where a clause below refers to a specific deliverable or working method that does not apply to the engagement in question (for example, physical photo prints for a technical production or broadcast-only booking), that clause shall not apply to that engagement.

Cancellation

There shall be NO refund of retainer after 48 hours from the signing of agreement due to the reservation of the booked date. If the event is cancelled within one month of the event, the client shall pay the balance of the contract due to the high probability that Simon Debattista will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE, except in extreme circumstances. Any other arrangements shall be discussed between the client and Simon Debattista. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform of the cancellation. The fee will be transferable to a new date up to 365 days after cancellation. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.

Confirmation

A signed contract and deposit/booking fee are necessary to confirm the stated services from Simon Debattista.

Communication

The Client will outline broadly what is required and Simon Debattista will advise on planning, logistics and timings where needed. If required the client are welcome to meet up with Simon Debattista for an additional chat closer to the time of the event to iron out the remaining details. In any case Simon Debattista will contact you by phone a few days before the event to ensure that there have been no last minute changes. Communication by emails and phone calls should be done so in a timely manner to provide Simon Debattista with all the info they need for the event. Failure in doing so will result in them not having all the information and they cannot be held responsible for not capturing something that was a direct result of non-communication.

Cooperation, Professionalism & Exclusivity

The Client and Simon Debattista consent to cheerfully cooperate and communicate with each other to achieve the best possible result with the understanding of this contract. Simon Debattista recommends that where necessary a contact is made available to assist with key information. In the event of a lot of people, key individuals are to be pointed out and assistance in organizing group photos should be provided. Sufficient warning of key events should be provided by the Client. Not all people in an event will feature in Simon Debattista's final product. In such cases Simon Debattista will use their discretion but cannot be held responsible for a lack of feature of these people.

Where the engagement involves photography and/or videography of an event, Simon Debattista requests that all non-contracted photographers/videographers kindly allow Simon Debattista to be the sole formal service provider and not compete with guest photographers/videographers for the attention of the subject. In such engagements it is understood that Simon Debattista will act as a sole and exclusive service provider, unless otherwise agreed in writing (for example, where the Client's own broadcast or production crew is also present).

The Schedule

Simon Debattista's production schedule, style of working and experience are designed to achieve a stunning product for the Client, accomplished with good humor and enjoyed by all concerned. Both the Client and Simon Debattista therefore agree that punctuality and cheerful cooperation are essential to producing outstanding results. In cases where unforeseeable delays happen, Simon Debattista cannot guarantee the promised quality of service.

House Rules

Note Simon Debattista is sometimes limited by rules imposed by venue management or someone with the authority to do so. In such circumstances the Client agrees to accept the technical limitations that may be imposed on the equipment used. Simon Debattista advises the Client to be aware of such rules or limitations and if necessary negotiate with the individuals concerned.

Copyright Law

Copyright Law states that the copyright of the final product — including photographs, video, and any other creative or production output — remains with Simon Debattista. Release of final product is transferred to the Client upon full payment under the following conditions: the digital images and/or footage taken by Simon Debattista are for personal use by the Client. If selling the final product for profit, the Client must obtain permission from Simon Debattista. Full rights to the raw footage may be purchased for an additional fee of €500 or 5% of the total fee (whichever is greater).

Model Release

Please note: your full gallery or edited product will never be published or shared publicly until you have had the opportunity to review it. Simon Debattista may share a small number of preview images on social media shortly after the event or production, ahead of full delivery.

The Client gives Simon Debattista unlimited consent to use the final product of the Client on social media.

The Client gives Simon Debattista unlimited consent to use the final product of the Client as part of their portfolio.

The Client gives Simon Debattista unlimited consent to use the final product of the Client for editorial, competition, advertising and any other purpose relating to the industry.

Where an event or production includes third parties who are not signatories to this agreement (including but not limited to guests, athletes, participants, or attendees), it is the Client's responsibility to make such third parties reasonably aware that photography and/or videography will take place. Simon Debattista will act reasonably and professionally when capturing such content but cannot be held responsible for obtaining individual consent from third parties present.

Where the Client requires any images, footage, or content to remain confidential or embargoed (for example, due to broadcast rights, sponsorship agreements, or unannounced events), this must be agreed with Simon Debattista in writing prior to the event or production, and Simon Debattista will honour that request.

The Client hereby releases Simon Debattista from all liability and claims in connection with the final product.

Limit of Liability

If Simon Debattista is too ill or becomes injured through no fault of their own and cannot supply the services specified, Simon Debattista will do everything possible to book a replacement. Simon Debattista is part of a network of service providers. Please note that this has never happened before. If a replacement cannot be found in these circumstances, liability is limited to a refund of any payments received. Simon Debattista has working methods in place to prevent the loss or damage of your final product. Everything is backed up constantly and duplicate equipment is on hand in case of breakage or failure. However, there exists the unlikely possibility that data may be lost, stolen or destroyed for reasons beyond the control of Simon Debattista. In this circumstance liability is limited to return of fees paid for the service, or part thereof according to the percentage of original data supplied.

In booking with Simon Debattista, the Client has taken into consideration Simon Debattista's style and is granting Artistic License in all aspects relating to the photography and videography of the Client's event. If images or videos are sent to Simon Debattista as inspiration, they can use it as inspiration if the Client desires, but cannot be held responsible for copying the work created by others.

Simon Debattista's judgement regarding the locations, framing, and amount of material taken shall be final. Due to the vagaries of weather, live events, and the willingness of subjects to cooperate, it may not be possible to capture all the material requested. If subjects or participants refuse or are reluctant to cooperate or conform to the suggestions given by Simon Debattista, it might affect the final quality and artistic impression of the product produced, for which Simon Debattista will not be responsible. Simon Debattista cannot be held responsible for the weather, live event conditions, or the effect these may have on the final product.

Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under this agreement where such failure or delay results from circumstances beyond their reasonable control, including but not limited to natural disaster, extreme weather, fire, war or civil unrest, government action or public health restrictions, venue closure or cancellation, power or utility failure, or industrial action.

In such circumstances, Simon Debattista will make reasonable efforts to reschedule the booking, and the rescheduling terms set out under Cancellation shall apply where relevant. Where performance becomes impossible due to Force Majeure, liability is limited to a refund of any payments received for services not rendered.

Delivery

The following delivery timelines apply where the corresponding deliverable is included in the engagement. Not every engagement includes all of these — for example, a live broadcast or technical-production-only booking will not include a gallery, edited video, or prints.

Delivery of Online Gallery

Your online gallery will normally be ready within 8 weeks of the event.

Delivery of Video

Your video will be ready within 12 weeks of the event. This includes one hour of complimentary editing time for revisions. Thereafter, changes will be billed at €50/hour. Simon Debattista will present the client with estimated times to complete changes and will not do any billable revision work without written approval from the Client.

Delivery of Photo Prints & USB with Digital Copies

In the event of physical photo prints, these are ready within 12 weeks of the event. Prints are usually ready within 4 weeks after receiving your selection.

Severability

If any provision of this agreement is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable or, if that is not possible, shall be severed from this agreement. The remaining provisions shall continue in full force and effect.

Governing Law

This agreement, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Malta. The parties agree to submit to the exclusive jurisdiction of the courts of Malta.