Our Video Production Terms & Conditions 2017
(Last updated 4th January 2015 – Please review)
TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM GLOBALSHOTS MEDIA LTD
1. Definitions & General Terms
In these Terms and Conditions the words ‘GlobalShots Media Ltd’ ‘GlobalShots Media’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to GlobalShots Media Limited, a UK registered limited liability company. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all video and associated audio product created by GlobalShots Media, including all moving and still images and sound recordings of whatever form.
Please thoroughly read our Terms & Conditions and take notice of any changes that have been made, as they are legally binding on you.
2. Pre-production requirements
It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.
No liability will be accepted by GlobalShots Media for any delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a GlobalShots Media product, permission must be obtained from the original copyright owner / material provider.
The client undertakes to indemnify GlobalShots Media against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
3. Production and post-production
All works undertaken will be as per GlobalShots Media written quotation based upon the agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our current rates.
Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
GlobalShots Media takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. GlobalShots Media will observe site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
GlobalShots Media Ltd carries public liability insurance cover of five million pounds. A copy of our insurance certificate can be provided. Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.
5. Adverse weather conditions
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
6. Client delays
In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
7. Project Cancellation
Notice of Cancellation or Termination: Prior to commencement of production: In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client, GlobalShots reserves the right to make the following cancellation/termination charges.
Cancellation by the client with 48 hours notice will result in up to 50% of total charge minus any deposit paid. Cancellation by the client prior to 48 hours notice will result in a charge being made to cover costs already incurred this will include pre production time spent & any expenses incurred.
Cancellation by the client when the production has commenced, or with less than 48 hours notice, will result in up to 100% of the total charge being made. GlobalShots Media reserve the right to cancel or terminate a contract if:
a). You or your organisation becomes insolvent or subject to bankruptcy proceedings.
b). The reputation of GlobalShots Media and anyone connected with GlobalShots Media could be damaged.
The client may terminate the contract at any time by written notice of termination, and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by GlobalShots Media.
GlobalShots Media shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to GlobalShots, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
GlobalShots Media cannot be held liable for loss or damage caused as a result of third party action or failure.
Drone safety is the most important aspect of our drone operations. You can be sure that when we work with a client a complete risk assessment will be made of their chosen site. Our safety checks include. Airspace checks, permissions, weather assessments, securing public access routes. At no time will our drone operation ever endanger the life of anyone or anything.
We have full public liability insurance cover up to £1,000,000
All drone operations will be at full discretion of our CAA licensed drone pilot.
9. Equipment substitution
In the event that GlobalShots Media experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.
10. Approval / amendments of draft footage
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Our video editing and production facility is available for client viewing and review, and all clients are encouraged to attend personally during editing so that all revisions can be signed off without delay. Subsequent revisions or significant re-edits will be charged at our current rates.
11. Project duration and delivery
Any indication given by GlobalShots Media of a design project’s duration is to be considered by the customer to be an estimation. GlobalShots Media will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. GlobalShots Media will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
12. Artistic License
The Customer acknowledges and agrees that editing a project and the production of finished works may include elements of artistic expression and interpretation. GlobalShots Media reserves the right to use ‘Artistic Licence’ in any commissioned works that requires editing or the production of finished works.
Unless otherwise agreed in writing, the client accepts GlobalShots Media decisions on creativity within the product(s) or service(s).
The re-editing of commissioned works is offered as an optional extra by prior arrangement & cost. A quotation for re-editing will be provided by GlobalShots on request.
GlobalShots Media asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by GlobalShots Media and is protected under UK Copyright law.
14. Usage licence – rights to the use of video project
In consideration of, and subject to, the final payment of full fees due to GlobalShots Media by the client, GlobalShots Media hereby assigns to the client with an in perpetual, worldwide license to use the accompanying video image(s) , sound(s) (collectively, “Media,”) for permitted commercial purposes, defined as:
– video, broadcast, theatrical
– advertising, promotion and industry/company communications
– as part of a commercial website for promotional or other communication purposes
We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition:
“GlobalShots Media retains all copyright over any content we produce. A usage licence grants the client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy, sell or alter the content in any way.”
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
GlobalShots Media assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production or by a third party production company, unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
On delivery of the final master video (s), any technical issues encountered in the video will be corrected free of charge by GlobalShots Media. GlobalShots Media reserves the right to quote and charge accordingly, any ongoing and additional post-production incurred outside of the agreed contract. RE-MASTERING (re-editing): Once complete video sign-off has been received from the client in writing and a final master file delivered, any changes to the video beyond that point will be subject to a £350 re-mastering fee. This is to cover the costs of making minor amends, re-exporting the files and processing.
GlobalShots Media cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Any claims must be made in writing to GlobalShots Media within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods in the agreed condition & price.
16. Quotes, Costs & Payment
Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.
We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
All quotes are free and valid for thirty (30) days unless otherwise agreed or stated.
Costs will be discussed during initial meetings between the client and GlobalShots. Costs will be relative to the valid quotation provided upon request. Costs will be dependent on the type and length of the production, as well as time spent on pre-production, production and post-production. Any additional costs to the production will be notified, agreed and charged accordingly to the client.
Production fees shall be exclusive of disbursements and expense items related to the agreed project such as postage, overseas telephone charges, photography, creation of audio and video streaming files, travel, accommodation, subsistence, and similar items which will be invoiced to the client on the relevant project, or separately as necessary.
If a project requires additional content, this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
Unless agreed otherwise in writing, GlobalShots reserves the right to request 50% of the invoice as a deposit which must be paid after terms of contract are agreed and at least 14 days prior to commencement of any work. The remaining 50% shall be payable on completion of the project. In relation to specific contracts, these figures or terms may be varied as set out in the respective contract.
The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. GlobalShots Media reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and GlobalShots Media Ltd under UK law.