Terms & Conditions

By engaging in business with London Corporate Media Ltd you are assumed to have agreed to our terms and conditions, set out below;

This contract (the Contract) is the agreement between the Client and the Production Company for the production of a video project, in accordance with the following Definitions, Obligations and Other Provisions.

DEFINITIONS

Additional Post-Production means any additional post-production work over and above that which has been agreed as part of the Production Company’s estimate and included in the Budget & Remuneration.

Budget means the cost of the entire project and shall be based on (i) required Crew size (ii) number of cameras used (iii) number of hours of footage shot (iv) number of Post-Production days required to produce one Draft Product and subsequently one Finished Product.

Client means the persons or group of persons who have, by signing this contract, commissioned the Project.

Crew means persons sourced by the Production Company for the purpose of conducting the Shoot.

Draft Product means a clean edited version of the Project which is satisfactory to the Production Company as a working version of the DVD and which shall be submitted to the Client for their approval.

Filming Equipment means the equipment required by the Production Company in order to undertake the Shoot, including but not limited to cameras and grip equipment.

Filming Day means a period not to exceed ten hours in duration, inclusive of all meal breaks. A Shoot may last for one or more Filming Days but shall be deemed to last a minimum of one (1) Filming Day.

Filming Location means the location(s) of any filming which forms part of the Project. Such location(s) are to be agreed between the Client and the Production Company prior to filming.

Finished Product means a clean edited version of the video which is approved by the Production Company and the Client.

Post-Production means the capturing, logging and editing of the film captured during the Shoot. For the avoidance of doubt, Post-Production shall commence on the earliest available opportunity upon completion of the Shoot and last until the video is edited and the Finished Product authored to a satisfactory standard by the Production Company and approved by the Client.

Pre-Production means the overall process of defining the parameters of the desired Finished Product (including but not limited to; meetings with the Client or their representatives, the organising of the Shoot (including assembling of Crew)) and any other activities prior to commencement of the Shoot.

Production Company means London Corporate Media Ltd or any affiliate thereof.

Project means the work done by the Production Company including but not limited to; Pre-Production, the Shoot and Post Production in order to achieve the Finished Product.

Remuneration means the fees paid by the Client to the Production Company in consideration of the Project.

Shoot means the filming of the Client and/or other persons necessary for the purpose of producing a video, prior to Post Production. For the avoidance of doubt the Shoot shall commence on the day/night of the event, or of the first day of filming any non-live segment, which is listed at the top of this Contract.

Treatment means the document defining the nature of the Finished Product (including but not limited to; type of video, ‘look and feel’, Shoot duration, narrative elements and themes, filming approach).

OBLIGATIONS

OBLIGATIONS OF THE CLIENT

Upon signature of this Contract, the Client shall:

1. agree to give the Production Company overall creative control of the Finished Product;

2. agree to pay the Remuneration to the Production Company in a timely manner and in any case within the time period stated on the invoice, and further agree that the Production Company are not obligated to provide receipted details of expenses incurred, although the Production Company will make reasonable efforts to do so if requested in advance;

3. be responsible for agreeing (a) Filming Location(s) for the Project unless otherwise specified and requested with the Production Company;

4. agree that the Production Company is not liable for any deficiencies in the Final Product caused by filming difficulties with any Filming Location(s), personnel or third party services hired and/or chosen by the Client. Further that the Client is liable for any additional costs incurred by re-shooting or additional shooting caused by such difficulties or the cancellation or postponement by such service provider(s);

5. agree that the Production Company will make every effort to use the best position for the cameras to film the event however, due to restrictions imposed upon the Company on the day, this may not always be possible. The Client understands and accepts that video coverage will be impacted by such restrictions as; camera placements imposed by venues, the use of restricted spaces which impacts the ability to operate the camera in our preferred manner, restrictions on the use of a tripod, visual obstruction or camera shake caused by persons or uneven/flexible flooring surfaces;

6. agree that the Production Company is not responsible for camera or equipment failure for reasons beyond our control, for tape ‘dropouts’, or for any detrimental impact on the footage caused by failures or problems with sound or lighting equipment, or the operation thereof, where such equipment is not under our control. We reserve the right not to use our equipment in any situation (for example inclement weather conditions) which may compromise the safety of either our equipment or our videographer(s). We cannot be held responsible for any detrimental impact on the video sound caused by the refusal (or denial of permission) of any person to wear or use a radio microphone on request, or such interferences/problems as loud ambient noise, crying children, stray sounds caused by personal actions, echo or sound-deadening properties of the filming location, or shutter noise from nearby photography cameras. Filming in low light situations (e.g. small rooms, candlelight, disco/dance areas, evenings and nights outdoors) may impact on the quality of the image captured by the camera. In such situations, we will endeavour to achieve a bright image without significant degradation in image quality (graininess). The Production Company cannot guarantee video quality in adverse lighting or weather conditions, or in rooms generating a strong colour tinge to the light which may not be satisfactorily correctable during editing. In particular, the Client should be aware that rooms predominantly lit in red or purple hues are not conducive to a sharp or flattering camera image;

7. agree that they will approve the Treatment for the video prior to the Shoot (where a Treatment is completed) and give the Production Company control to produce, direct and edit the Project according to the provisions therein. Further, the Client agrees that any requests for changes to the Treatment made after the signature of this Contract cannot be guarantee to be accommodated;

8. give the Production Company a reasonable amount of notice to allow a Crew to be formed;

9. agree that the Production Company is not liable for any deficiencies in the Final Product caused by actual or perceived deficiencies or imperfections in the physical attributes, wardrobe or performances of the Client or of persons selected, hired or brought to the Shoot directly by the Client;

10. agree that the Production Company is not liable to bear the cost of any re-shooting where such re-shooting has been caused by adverse weather conditions or such items beyond its control as, but not limited to; failure of the Client or any other persons to attend or attend the Shoot in a timely manner, cancellation or postponement by the Filming Location(s);

11. agree that the Client Representative as declared above shall bear responsibility for decision making by the Client or its affiliates. The Production Company will not operate under any direct instruction given by person or persons who are not signatories of this Contract, nor is the Production Company responsible for any disagreements between the Client and any Third Parties as a result of its actions. Further, that the Production Company will not bear any costs arising from any additional work which is required as a result of the interference of third parties;

12. agree that any additional work not requested and outlined before the Shoot commences will not be undertaken by the Production Company unless additional monies are paid by the Client. Such work may include but not limited to; digital effects, Photoshop work, computer generated imagery and effects, audio reworking, remixing or re-mastering, physical blemish and imperfection removal, additional Post Production work over and above any set of changes included within the Remuneration;

13. agree that they may not be present during the Post-Production phase that delivers the Draft Product, unless such permission has been expressly granted by the Production Company, and that any such involvement will incur Post-Production delays and the costs of this will be borne by the Client;

14. agree that upon completion of the Draft Product, which the Production Company deem acceptable for distribution, the Client will receive a preview copy to view and, if necessary, send one list of suggested changes which will be considered by the Production Company and, where possible, carried out;

15. agree that the Draft Product is not available for public viewing and any parties connected with the Client may only view it subject to the express permission of both the Client and the Production Company;

16. provide any photo gallery images, logos or additional material required for the completion of the Finished Product and do so in a timely manner so as not to adversely impact the Post-Production schedule. Further, agree that any deficiencies in the Finished Product caused by deficiencies in the above material are not the responsibility of the Production Company. The Production Company reserves the right to refuse to include any such material provided in the Project, specifically video footage produced by parties other than the Production Company;

17. agree that in the event that the Finished Product, completed to the best abilities and to the satisfaction of the Production Company and to the Treatment agreed with the Client, is not acceptable to the Client, any reworking or remaking subsequently requested to the Project shall be at an additional cost borne by the Client and paid in advance of the commencement of this additional work. This includes additional re-edits (however significant) over and above the single set of changes which the Client are allowed to request to the Draft Product to make the Finished Product;

18. agree that the Production Company accepts no liability for failure to deliver the completed Project on any requested date due to unavailability of the Client for consultation on filming, editing or review of the Project;

19. agree that the Production Company may not be held liable for any consequences to the Client, including but not limited to; loss of revenue or publicity, missed deadlines or future opportunities, where such consequences are a result of the Client’s failure to comply with the terms of this Contract;

20. agree that material relating to the Project may appear on the Production Company’s website and that the Production Company legally holds the copyright to the material at all times, unless bought out by the Client at a mutually agreed cost.

OBLIGATIONS OF THE PRODUCTION COMPANY

Upon signature of this Contract, the Production Company shall:

1. source a Crew suitable, in the opinion of the Production Company, for the size and scope of the Project. The Production Company reserves the right to change the nominated Crew prior to the Shoot, for operational reasons, and no financial recompense is offered to the Client in this eventuality;

2. produce, direct, shoot and edit the Project to a high standard in order to produce the Finished Product. The Project will be shot in HDV Widescreen format unless otherwise specified;

3. agree to submit the Draft Product to the Client to receive approval or have changes requested. For the avoidance of doubt, this procedure forms one of the days of the Post-Production time period allocated and paid for by the Client as part of the Remuneration. The Production Company reserves the right to ‘watermark’ this footage so as to prevent unauthorised usage or duplication;

4. supply a minimum of one copy of the Finished Product to the Client. The Production Company is liable to provide replacement copies in the event of verifiable technical problems with original copies – replacements to be at a cost borne by the Production Company. Further copies shall be made available, if desired, at further cost to the Client. The Production Company is liable to supply the DVD using recognised branded media and created in a recognised format;

5. retain the original recorded media (digital tape etc.) and keep this for a period of not less than twelve calendar months from the start date of the Shoot, and shall own the copyright within said original recorded media and edited product. Copies of the full recording to own all copyright shall be made available to the Client upon request, but at additional cost (“buy out”) borne by the Client;

6. agree to, where explicitly requested by the Client, refrain from undertaking any publicity or communication regarding either the Project or the Client. Such publicity may include but not be limited to; posting information about the project on any of the Production Company’s website or affiliated web pages, discussing matters regarding the contract with individuals outside of the Production Company, distributing Draft or Final copies of the Project to unauthorized persons before any agreed date, disclosing the Project’s budget to other clients or individuals outside the Production Company, revealing any information which may have a detrimental impact on the image of the Client;

7. ensure that that the Shoot will be covered by Employees Liability Insurance for the Crew and Public Liability Insurance for any individuals directly involved in the Shoot.

OTHER PROVISIONS

i. Costs, Payments & Expenses

1. Remuneration will be invoiced upon the Client’s approval of the Final Product, or 30 days after the completion of the Shoot, whichever is the earlier.

2. During Pre-Production, the Production Company shall not incur expenses including but not limited to; travel expenses, hire of Filming Equipment or Filming Location(s), unless it has been reimbursed for such costs in advance by the Client and/or its representatives.

3. Should the amount of agreed expenses be insufficient, the Production Company reserves the right to be reimbursed for any additional expenses incurred in relation to completion of the Project, and be paid these prior to the delivery of the Finished Product.

4. Should the Project be terminated at any stage, any costs or expenses incurred by the Production Company up to the point of termination are not refundable to the Client.

5. Upon final approval of the Project, the Client is liable to settle the final invoice in a payment timeframe as declared on the invoice. Failure to pay in a timely manner may result in late payment charges being levied by the Production Company, such charges not to exceed the original Remuneration. Further failures by the Client to pay invoices or be available for consultation regarding payment difficulties may result in further action being taken by the Production Company. Such action may include but not be limited to; disposal of all original footage, removal of all web-based material related to the Project, withholding of further deliverables, or legal proceedings. Such action overrides all related clauses within this Contract.

6. All payments shall be in Sterling.

ii. Project Duration & Deadlines

1. Prior to signature of the Contact the Production Company shall estimate the amount of time required to complete all aspects of the Project, including the amount of filming days required (the Filming Days). The Production Company reserves the right to alter the number of Filming Days required should the original estimate prove to be unrealistic, subject always to the Remuneration section of this Contract.

2. The original Remuneration includes provision for only one set of changes between the Draft Product and the Finished Product. Should the eventual Post-Production time be over and above that originally estimated by the Production Company, where the additional time required is directly attributable to requests for rework by the Client, the Production Company reserves the right to charge an additional fee in respect of the extra periods of Post-Production.

3. Any deadlines required by the Client must be recorded in this Contract. The Production Company is not obligated to meet any other deadlines imposed after the signature of this Contract. If the Client wishes to shorten the originally agreed Post-Production timescales, this ‘fast-track’ service will be at additional cost to be borne by the Client, and such an arrangement will be agreed in writing.

4. The delivery of the Finished Product as described represents the end of the Production Company’s obligations under this Contract. Further copies of the video required by the Client fall outside the scope of this Contract and as such the Production Company is not obligated to provide them.

5. The Project will be deemed to have been completed when the Client has received the Finished Project in exchange for the agreed Remuneration.

iii. Delays & Cancellations

1. In the event that the Shoot is delayed after signature of this Contract due to reasons directly attributable to the Client, the Production Company reserves the right to levy additional charges, the total of which shall not exceed the original Remuneration, in recompense for any costs or losses incurred.

2. If the Client Representative is unavailable for consultation during the Project, or alters the terms of the Project to the extent that the Production Company is unnecessarily inconvenienced, the Production Company reserves the right to levy additional administrational charges, such charges not to exceed the original Remuneration. Such actions on the part of the Client may be but not be limited to; cancellation or repeated postponement of meetings at the Client’s request, failures to respond to written, electronic or telephone communication necessitating excessive expense on the part of the Production Company, postponement of the agreed Filming Day(s), or delay in providing agreed deliverables as stated elsewhere in this Contract.

3. In the event that Post-Production or the completion of the Finished Product is heavily delayed due to reasons directly attributable to the Client, the Production Company reserves the right to levy additional administrational charges, the total of which shall not exceed the original Remuneration. Further, the Production Company, having set aside time to complete the Project under the original timescales, is not obligated to meet any original deadline or to make good any time lost due to actions on the part of the Client.

4. If the Client wishes to terminate the Project early, due to exceptional circumstances or breaches of this Contract, this must be agreed in writing with the Production Company.

5. In the event that the Project is cancelled after signature of this Contract and prior to the commencement of the Shoot at the request of the Client (or for reasons described in clause iv below), the Production Company reserves the right to retain (or be paid, if not already paid) up to 30% of the agreed original Remuneration. In the event that the Project is cancelled after signature of this Contract, after commencement of the Shoot and prior to the commencement of Post-Production at the request of the Client (or for reasons described in clause iv below), the Production Company reserves the right to retain (or be paid, if not already paid) up to 50% of the agreed original Remuneration. In the event that the Project is cancelled at any stage during Post-Production at the request of the Client, the Production Company reserves the right to retain (or be paid, if not already paid) up to 80% of the agreed original Remuneration. Such charges are in recompense for any costs or losses incurred by such actions as, but not limited to; work conducted prior to cancellation, any supplemental administrational work incurred by the Production Company.

iv. Safety & Conduct

The Production Company has the right to take any measures it sees fit in order to safeguard the Crew and Filming Equipment at all times. The Production Company is not obliged to undertake any shooting not previously agreed during the Pre-Production stage.

The Production Company has the right to suspend and/or cancel any Shoot should it reasonably believe that any parties associated with the Client are under the influence of excessive drink or drugs. Furthermore, any abusive or threatening behaviour towards any person or persons involved in the Shoot will not be tolerated and may result in suspension and/or cancellation of the Shoot.

Further, the Production Company will not tolerate any slanderous or defamatory comments, either verbally or written, and reserves the right to suspend work on the Project in such cases.

v. Rights / Consents

It is envisaged that the signing of this Contract shall have mutual benefits for both the Production Company and the Client, as follows;

i) Both the Production Company and the Client shall have joint rights to produce, sell, publicly exhibit, lease, license, hire, market, publicise, distribute, exhibit, diffuse, broadcast, adapt and reproduce mechanically, graphically, electronically or otherwise howsoever by any manner and means (whether now known or hereafter devised) the Finished Product. Any third party wishing to exercise any of such rights may do so only at the sole discretion of the Production Company and the Client.
The Client’s rights and those of any third parties only apply in the case that the Client has concluded payment of the Remuneration. Other versions or segments of the Project, including the Draft Product, are excluded from these rights.

Both the Production Company and the Client shall have the right to use footage at any time, place or event of their choosing. The Production Company may use clips from the Project on their website to promote their work and that of the Client, unless this has been expressly forbidden in writing by the Client.

ii) The Production Company should be credited at all times, where possible. This includes any mention of the video on websites, web logs (“blogs”) or releases containing the video. Any photography used should be properly credited to the Production Company and photographer. Weblinks to the Production Company should be present where possible where the Client is using the video. Likewise the Production Company agree to credit and link to the Client on their website where possible.

iii) All rights relating to the Copyright, Designs and Patents Act of 1988 and any other moral rights are shared between the Production Company and the Client and cover any legislation now existing or in the future enacted in any part of the world.

iv) The Client may agree to purchase sole rights to the material – such an agreement to be separately drawn.

v) The Production Company shall own all rights to photographs taken by the Production Company or its Crew during the Project unless photography is a specified, paid additional service for the Client. The use of such photographs by the Client or its affiliates without the permission of the Production Company, and without due credit or remuneration being given, is forbidden.

vi. Liability

The Production Company shall not be liable for any loss of or damage whatsoever to any clothing or other personal property of anyone involved in the Project.

vii. Notices

All notices served upon either party by the other shall be delivered by hand at or sent by post or by facsimile or email addressed to the respective addressed hereinbefore contained or any subsequent address duly notified and if delivered by hand shall be deemed to have been served five days after posting and if sent by facsimile shall be deemed served 24 hours after receipt of the facsimile (and facsimile notice shall be confirmed by post).

viii. Headings

Headings used in this document are for information only and do not form part of any contract.

ix. Miscellaneous

This Agreement contains the full and complete understanding between the parties and supersedes all prior agreements and understandings whether written or oral pertaining thereto and cannot be modified except by a written addendum signed by a duly authorized member of the Production Company and of the Client.
Nothing contained in this Agreement shall or shall be deemed to constitute a partnership or a contract of employment between the parties. It is an agreement to hire the services of the Production Company.
This Agreement shall be construed in accordance with and governed by the laws of England and Wales whose courts shall be the courts of the competent jurisdiction.
Rights of Third Parties Act (1999) excluded.

x. Events Out of Control Of The Parties (Force Majeure)

The Production Company shall not be held liable by the Client where the Project is delayed, cancelled or materially affected due to the occurrence of an unforeseen event which is not within the control of either party. Such Force Majeure events shall include but not be limited to; Acts of God, unsuitable weather conditions, unsuitable location previously chosen by the Client, unforeseen technical difficulties, loss of material or equipment due to fire, theft or similar Force Majeure event.

In the event of an occurrence of Force Majeure, the party affected shall inform the other party within a reasonable timeframe in order that every effort may be made to reschedule the Project. It is understood and agreed that any such unforeseen event shall not relieve the Client of their obligation to pay the Production Company the Remuneration for work completed up until the event occurred.