These Terms and Conditions are for your protection as well as ours. Please read them carefully.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client.
We reserve the right to vary these Terms and Conditions at any time.
These terms and conditions are governed by Scottish Law.
This Agreement is between the the Client being supplied a service or product Herein referred to as “the Client”
Gordon Saunders trading as Saunders Films and Photography
7 Borden Road, Jordanhill, Glasgow G13 1RB
Herein referred to as “Saunders Films and Photography”
a) Saunders Films and Photography is and will be defined by the firm name and address on each invoice or quote issued in accordance with work carried out and pursuant to that firm and Scottish law.
b) The Client wishes to engage Saunders Films and Photography, on an independent contractor basis, to render and arrange for the carrying out of a production (the “Production”), and/or other marketing and promotional activities listed, in accordance with the terms and conditions of this Agreement;
NOW THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
Video and/or Photography Production
In accordance with the supplied quote Saunders Films and Photography hereby agrees, subject to the terms hereof, to perform all pre-production, production and post-production services necessary to complete the Production and to deliver the Production in accordance with Saunders Films and Photography promotional materials, discussions held and quotes supplied, including:
a) the supply, provision and application of technical knowledge and expertise necessary to produce the Production;
b) the preparation of script for narration, unless otherwise agreed to be supplied by the Client – which must be duly agreed signed off and returned by the Client to Saunders Films and Photography to confirm that recording may begin;
c) the preparation and production or purchase of background music, unless specifically requested to be supplied by the Client;
d) the engagement of crew, studio and other necessary facilities and services required for the production of the Production;
e) the supply, provision and application of all above and below the line pre-production and production materials, services, equipment, and all other elements and personnel necessary to produce the Production, including, without limitation, all necessary audio visual equipment and production personnel;
f) additional wardrobe, props, special effects and cast members will be quoted in writing as an additional cost and service prior to production commencement;
g) Production master copies will be either posted online, delivered by internet transfer or shipped to the Client within approximately 28 days from final day of production shoot unless otherwise specified in writing or email or delayed by extended amendments, late script approvals and/or late supply of documentation and artwork by the Client and/or other circumstances beyond the control of Saunders Films and Photography.
h) When the Production includes an edit service, once you have approved the final video and paid our final invoice, we will deliver the final video file to you in 720pHD resolution in .MOV or .M4V format. Saunders Films and Photography is not responsible for hosting the video, embedding it on your website, uploading it to YouTube, providing a video player or similar service. When the Production does not include an edit service, final payment is due upon receipt of the raw video footage.
POST PRODUCTION AND REVIEW OF PRODUCTION EDITS
a) Saunders Films and Photography agrees that it shall produce the Production and render the Production Services in accordance with the following requirements and specifications:
b) Production Specifications: The Production shall be produced in accordance with Saunders Films and Photography promotional material, written communication and discussions between Saunders Films and Photography and the Client.
c) The Client Approval Rights: All major content decisions in connection with the Production shall be made by The Client by completion of and in accordance with Checklists and information supplied prior to production and also hands on assistance during production. Failure to supply such and comply shall render rights of review and final product approval void.
d) Inclusion of Features: Saunders Films and Photography will endeavor to, but cannot guarantee, that all the features marked in any production checklists will be included in the final standard length video production, and/or range of photography and will advise whether additional footage or extra photographs will be required in order to cover all features in a standard or otherwise ordered length of video production and/or range of photographs.
e) Artistic and Creative License: The Client agrees that Saunders Films and Photography will reserve rights to decide on final artistic and creative impression and design of Production.
f) Review of Script in Video projects: Unless otherwise agreed to be supplied by The Client each Script will be supplied to the Client for one review and/or amendment and approval with final sign off prior to recording. All requests for amendments must be made in writing or email. Additional reviews are liable to incur charges at the discretion of Saunders Films and Photography as set out in each quote or contract. Failure to confirm approval of script within the agreed period will result in recording and production to final edit regardless and rights any further review of such shall be void.
g) Review of Production: A final copy of the video will be posted for online viewing (length permitting) or alternatively a hard copy CD/DVD ROM (for which shipment is payable) will be supplied to The Client for one review and opportunity of amendment of the final product. All requests for amends must be made in writing or email. Additional reviews are liable to incur additional costs at the discretion of Saunders Films and Photography. Saunders Films and Photography will endeavor to, but cannot guarantee, that all the features marked in any production checklists will be included in the final standard length video production, and will advise whether additional footage will be required in order to cover all features in a standard or otherwise ordered length of video production. as set out in each quote or contract. Failure to approve or make amendment requests on final product within the agreed time as set out in the quote or contract will be understood as confirmation of approval of final video and will result in final edit regardless.
h) Failure to comply within review clauses above will void any other rights of first review, amendment or use of final product by the Client.
Unless agreed otherwise in writing, 25% of the project fee, as a non-refundable deposit, must be paid after terms of contract are agreed. 50% of the remaining balance shall be payable on delivery of the draft and the balance on delivery of the final Production. Production will continue following payment at each stage.
Saunders Films and Photography will issue an initial invoice for the deposit, a further invoice on delivery of the draft and a final invoice on delivery of the final approved product. Each invoice is to be paid immediately.
Payment may be made by bank transfer, cheque or cash.
All cheques and bank transfers must be made payable to Saunders Imaging.
Unless agreed otherwise in writing, 50% of the project fee, as a non-refundable deposit, must be paid after terms of contract are agreed. The remaining 50% shall be payable on delivery of the final photographs. Production will continue following payment at each stage.
Saunders Films and Photography will issue an initial invoice for the deposit and a further invoice on delivery of the approved product. Each invoice is to be paid immediately.
Payment may be made by bank transfer, cheque or cash.
All cheques and bank transfers must be made payable to Saunders Imaging.
Returned cheques will incur an additional fee of £50 per returned cheque. Saunders Films and Photography reserves the right to consider an account to be in default in the event of a returned cheque.
We understand and 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. Interest is charged daily at 8% over the Bank of England base rate along with EU late payment charges. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Saunders Films and Photography reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned 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 Changes.
A customer may terminate the contract at any time by written notice of termination.
When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Saunders Films and Photography unless any other written agreement is reached in advance.
Any monies (excluding the deposit) held on account and unused will be returned subject to a 5% administration charge.
If The Client fails to communicate with Saunders Films and Photography for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Clients whose accounts become default agree to pay Saunders Films and Photography’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
COPYRIGHT & OWNERSHIP – RIGHTS OF THE PARTIES
Copyright (material provided by Saunders Films and Photography)
It is acknowledged by the Client that immediately upon creation whether or not in tangible form, Saunders Films and Photography shall, unless otherwise agreed in writing, be the sole and exclusive owner in perpetuity throughout the universe of all rights, title and interest in and to:
a) the Production;
b) any and all results and proceeds of the Production Services;
c) any and all materials or elements rendered, provided, supplied or acquired by Saunders Films and Photography for the Production; and
d) the copyright in and to the foregoing whenever created throughout the Universe in perpetuity.
Saunders Films and Photography hereby grants to the Client the perpetual right:
a) to use the Production for training and promotional purposes;
b) to post the Production on the Client’s own web site and social media websites;
All rights not specifically granted herein are reserved by Saunders Films and Photography.
All copies of the Production shall bear the copyright legend: “© 201_ Saunders Films and Photography”.
Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client. This will be clearly specified in your written quotation. In both circumstances, Saunders Films and Photography reserves the right to use the footage /material; / media, either in sections or in its entirety, for promotional purposes
Copyright (material provided by the Client)
Unless otherwise stated in the Order, Saunders Films and Photography retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Client in relation to the Order. The Client must ensure that permission is sought for the inclusion of any copyright material they supply to Saunders Films and Photography to enable them to deliver the Product. The Client must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Client retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Client agrees to indemnify Saunders Films and Photography in the event of any breach of copyright claims being brought against Saunders Films and Photography in respect of material supplied by the Client.
Saunders Films and Photography maintains the copyright and broadcasting rights of all visual documents unless otherwise agreed in contract. Use of visual documents is subject to the Saunders Films and Photography License Agreement. Copying in whole or in part is subject to the Terms of the License agreement.
The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of Saunders Films and Photography supplying the Production – and that such recording is in compliance with Data Protection.
Care and Damage to the Client property
Whilst every care is taken in the handling of The Client’s property, Saunders Films and Photography accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of Saunders Films and Photography. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
Right of Assignment
Saunders Films and Photography retains the right to assign the supply of the Production to The Client to another suitable company should they be unable to complete these terms and conditions.
Saunders Films and Photography retains the right to charge out-of-pocket expenses incurred in providing the Production – subject to being able to provide The Client with proof of expenditure. All out-of-pocket expenses will be charged at cost.
Unless otherwise agreed Saunders Films and Photography will treat any information gained during the supply of the Production as being private and confidential. Likewise, the Client shall keep confidential any methodologies and technology used by Saunders Films and Photography to supply of the Production.
Performers Release usage
At all times Saunders Films and Photography advises and recommends its Clients to use and enforce Performers Release Forms including, but not restricted to, Model Release Forms, Minor Model Release Forms, Property Release Forms and Location Agreements. No discounts or liability will be accepted by Saunders Films and Photography if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
Approval/amendment of draft footage (1 set of minor amendments)
On the majority of projects, a draft version of the production will be forwarded to the Client for their review. This draft may receive one set of revisions only. That set is included in the original agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional hourly rate of £50.
Health and Safety
In all instances Saunders Films and Photography will reserve the right to remove any of its personnel and/or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
Saunders Films and Photography will observe the Client’s site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
In the event of inclement weather, Saunders Films and Photography reserves the right to change the date of filming and/or photography to a more suitable day. Saunders Films and Photography will not allow the safety of the equipment or personnel to be compromised.
Aborting filming AND/OR PHOTOGRAPHY (on shoot day) or re-shooting.
In the event of filming being delayed or aborted because of a failure of the Client to carry out agreed procedures, Saunders Films and Photography reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
Changing filming AND/OR PHOTOGRAPHY dates.
In the event of The Client wishing to change the filming and/or photography date we insist on a minimum of 2 weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
In the unlikely event that Saunders Films and Photography experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the Senior member of the film crew.
No further claims or liability will be accepted.
Works specified (as per estimate)
All works undertaken will be as per Saunders Films and Photography written quotation provided by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.
Clear access for filming
If filming venues are being organised by the Client, it is the Client’s responsibility to ensure that Saunders Films and Photography has clear access to all relevant locations required throughout the hours of Production. Delays in filming may incur additional charges.
Any indication given by Saunders Films and Photography of a design project’s duration is to be considered by the customer to be an estimation. Saunders Films and Photography will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the the Client. However, Saunders Films and Photography cannot be held responsible for any project over-running, whatever the cause.
You must use the Production in an acceptable manner. You must not use the Production to publish material which is offensive, indecent, abusive, obscene, fraudulent, menacing, libellous, in breach of confidence, copyright, privacy or any other rights. You must not use the Production for unlawful purposes. We will not be liable for any infringements.