1. RIGHTS

 

1. The client(s) allows the videographer to display any video, sound or image covered by this contract for promotional and demonstration purposes, including advertising, websites, social media, printed media, etc. unless specified and paid for in advance. 

 

 

2. OWNERSHIP

1. All original recordings, photographs and edited computer files will remain the property of the videographer. Senior Films will not be solely responsible for the storage and maintenance of the original and edited media, including video and sound recordings, photographic, and digital files.

2. Original raw footage (non-edited material) is the sole ownership of the videographer and is not intended for client viewing and is not part of the supplied finished package (see Force Majeure below). Original material might be offered to the client for a fee. All material will be kept for at least six months from the date of the shoot. 

 

3. LICENSE

1. The property and any copyright or other intellectual property right in all material produced by Senior Films in performance of the goods/services belong to Senior Films, but the client shall be entitled to use the material supplied under this contract solely for its intended purpose strictly limited to the use and period of time specified in the invoice agreement.

2. An agreement must be reached with Senior Films before the images are used for a different purpose or after the licence to use has expired. 

3. (a) Until Senior Films has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any image. After a fee has been agreed and an invoice issued there is a firm and binding contract where by Senior Films is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Senior Films may in its discretion cancel subject to the Client paying a cancellation fee.

   (b) The Client's right to reproduce an image arises only when Senior Films invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Senior Films to rescind the Agreement and rendering the Client liable for the payment of damages.

   (c) If payment is not made in accordance with (a) above then Senior Films may rescind this Agreement and recover damages.

   (d) Senior Films reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

 

4. COVERAGE & REPRODUCTIONS

1. Video taken during the course of the shoot will be at the discretion of the videographer, although every effort will be made to comply with the client’s requirements.

2. It is the sole responsibility of the client to secure permission and full access of the venue or location to set up video equipment and record with or without flash.

3. Although Senior Films will endeavour to fulfill the requirements of the agreed package, sometimes this may not be possible due to reasons explained within these Terms and Conditions.

 

5. ON THE SHOOT DAY

1. A 'shoot day' refers to 10 hours of work from the moment the videographer arrives at location, unless travel distance extends over 2 hours. Time spent working over this will incur a fee of 1.5x the normal hourly rate. A 'half day' is up to 5 hours of work with the above criteria also in effect.

2. The videographer will abide by all rules of the facility and/or directions of the staff/facility coordinator with regard to video set-up and will not be held responsible for absence of certain shots due to such rules and/or directions, or due to interference by those involved or not involved in the shoot.

3. The client acknowledges that videography requires reasonable lighting and controllable audio environments, and that production may be compromised if either of these cannot be achieved.

 

6. EDITING & POST PRODUCTIONS

1. Whilst every effort will be made by the videographer to supply the client with a satisfactory product based upon the videographer’s advertised style, and to the specified requirements agreed beforehand, all editing and post production will be carried out to the videographer's discretion.

2. Senior Films will edit and deliver what it considers to be the best of every situation covered. As a result, raw files will only be supplied to the client in exceptional circumstances and only when those raw files have not been deleted. Senior Films makes no undertaking to keep any files not intended for use.

3. In the unlikely event of Senior Films being unable to supply all images or services as specified in the invoice, liability shall be limited to the total invoice value - or monies already paid by the Client. 

4. No addition to, deletion from or alteration to or adaptation of an image may be made without the written permission of Senior Films.

5. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

 

7. FORCE MAJEURE (BEYOND THE VIDEOGRAPHER'S CONTROL)

1. In the event of the videographer being unable to attend the filming date due to illness, injury, etc. he/she will endeavour to provide or recommend the client with a suitable replacement videographer / editor.

2. The videographer shall not be liable in the event of bad weather or unforeseen circumstances, including illness, from preventing him/her from completing the work.

3. In the event of equipment failure beyond the videographer’s control, including theft of equipment or material, the videographer is not liable for refund or compensation, but will try to appease the client using any available recorded material. In the unlikely event of a total video failure, liability shall be limited to a refund of monies paid other than the deposits.

4. The Senior Films reserves the right to cease filming or editing if situations arise that are unfit to continue, eg. grounds of safety, mistreatment, offensive or abusive behaviour, or unacceptable working condition. In these instances, the videographer is not liability for refund or compensation.

 

8. CANCELLATION

 

1. Once the Client has made a booking for a specific time and date, Senior Films will not accept any other work from other clients for those times and dates for the assigned Photographer/Videographer.

2.  As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within 5 days of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one day of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Senior Films .

    

 

9. LIABILITY & REFUND

1. The client’s payments covers/pays for labour and presentation media in the production of the agreed video. Every effort is taken by the videographer to provide the client with agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the client as grounds for refunds or compensation, for which the videographer is not liable.

 

10. ACCIDENT & DAMAGE

 

1. While Senior Films takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any image or its caption.

2. The Client agrees to indemnify Senior Films in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Senior Films.

3. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Senior Films gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Senior Films against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

    

 

11. PAYMENTS

1. Upon collection, a preview of the video will be shown to the client. A viewing of the entire product is not necessary, but by paying your balance and taking collection of the video, you are agreeing to the general picture and sound quality to be satisfactory.

2. Payment is required within 30 days of the invoice being issues unless agreed with the client prior to shooting. We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. A debt of less than £1000 the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that. Interest is payable at 8 per cent over Bank of England base rate. 

 

12. CORRECTIONS

1. After taking collection of the agreed video, any requests for alterations will be undertaken free of charge and at the digression of the videographer (eg. Spelling mistakes that are not the fault of the videographer), and shall be limited to one revised video. Further corrections will be seen as a new job/contract and therefore chargeable.

2. The client has 7 days from the date of collection to return the video for any corrections or alterations to be undertaken free of charge.

 

13. RETURNS POLICY

1. Please read the above sections: 9. LIABILITY & REFUND and 12. CORRECTIONS.