Terms of service.
1. Furnishing Materials, Services, and Releases
The Client shall supply scripts, storyboards, product props, production notes, music, celebrity talent, creative guidance/supervision, related clearances, and any additional information or assets, unless discussed and confirmed in written form. The Client will supply track or musical composition(s) and rights clearances unless otherwise specified. It is the responsibility of the Client to ensure all participants in all video content have signed the necessary release forms and have given their consent to participate in the recordings.
2. Changes in Specifications
At the start of the project, the Client will be required to layout their requirements/brief in written form. If they do not provide these details, the Producer reserves the right to deny actioning amendments at later stages in the project. If at any time the Client desires to make any changes or variations from the completed project, script(s) or storyboard(s) in the Specified Media or from any material or work in progress, and such changes result in additional costs to the Producer, including hours worked, reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.
3. Ownership
a. Video Production
The Producer retains full copyright to all media created under this Agreement. The Client is granted a one-year worldwide, non-transferable license for use of the final deliverables. Additional licensing extensions are available upon request.
b. Post-Production
The Client shall own all relevant copyrights and have the necessary agreements to use the media being provided to the Producer. It is the Client’s responsibility to gain the necessary usage rights for any and all media they provide to the Producer for post-production work. The Producer shall bear no responsibility for legal issues or challenges that arise as a result of the Client not gaining the necessary rights to footage they provide the Producer. The Producer assumes no responsibility for legal claims regarding copyright violations.
4. Security & Confidentiality
The Producer understands that some information for said media may be of a confidential and/or sensitive nature. The Producer agrees, upon written request by the Client, to require all subcontractors and personnel engaged in production to sign a non-disclosure agreement (NDA) where applicable.
5. Independent Contractor
It is understood that the Producer’s status under this Agreement is that of an independent contractor and that all persons engaged by the Producer in performing its obligations shall not be deemed employees of the Client. The Producer reserves the right to sub-contract any necessary work, to any third-party, for any reason, throughout the project without requiring consent from the Client. This may be in order to guarantee completion deadlines, or for the creation of assets required for the production.
6. Producer Warranties
The Producer will use reasonable efforts to obtain all licenses, consents and rights necessary and incident to the performance, reproduction and exhibition of the Specified Media(s) with respect to materials, elements and services provided by Producer.
7. Client Warranties
The Client agrees to adhere to one of the following payment policies:
The Client shall pay the Producer within 30 days of invoice being sent by the Producer.
The Client shall pay 50% of the fee upfront, and 50% upon project completion by the Producer.
The Client shall pay 100% of the fee upfront.
If no payment policy is explicitly agreed upon in writing, the default policy shall be payment within 30 days of invoice (Option 1).
8. Delivery of Materials
Delivery of the Specified Media shall be determined by the Producer unless agreed otherwise. Should the Client require alternative delivery formats that incur a cost to the Producer, the Producer shall request reimbursement for this.
9. Payment
The Client understands that the specified terms of payment under this Agreement are based upon timely cash payments within 30 days. If the Client does not pay within 30 days, late fees shall be incurred which the Client must pay. 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. The Late Payment of Commercial Debts (Interest) Act 1998 applies to each individual project. If payment is not made within 30 days then interest will be charged at a rate of 8% above the Bank of England base rate at the date the payment fell due from that date until payment is made. Invoices are categorised ‘late’ on day 31 after the original invoice was sent to the Client. Interest will begin accruing on day 31 and will continue until the full balance is paid.
10. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Producer and its officers, employees, agents and licensees from and against any and all claims, actions, damages, liabilities and expenses, arising out of the breach of any obligation, warranty or representation in this Agreement. The Client shall indemnify the Producer against all claims and expenses arising from uses for which the Client does not have rights, or authority, to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the unauthorised use of graphics, music, video, film, photography, design, animation, and branded content.
11. Tax Liability
Any sales tax, use tax, or other tax payable on production and delivery of Specified Media to the Client (other than sales tax arising from Producer’s purchases of materials or supplies in connection with the production) shall be the responsibility of the Client who shall pay, defend and hold harmless the Producer from payment of any such taxes.
12. Ownership of Raw Footage
The Client acknowledges that all raw footage shot during the course of the project remains the exclusive property of the Producer. The Client shall not be entitled to receive, copy, or use the raw footage in any form. Raw footage will only be made available to the Client upon explicit written agreement and for an additional fee.
13. Prohibition on Re-Editing
The Client agrees not to modify, alter, or re-edit any videos delivered by the Producer once final edits have been completed and provided to the Client. Any changes or re-edits requested after final delivery shall require additional work and be subject to the Producer’s approval and additional fees.
14. Post-Project Changes
If the Client requests any changes, revisions, or additional edits after the project has been completed and delivered, such requests will be subject to the Producer’s availability and an additional fee. The scope of any post-project changes will be agreed upon in writing, and the Producer will charge for time spent on such revisions at their current hourly or project rate.
15. Force Majeure
Neither party shall be held liable for cancellations or delays caused by circumstances beyond their control, including but not limited to natural disasters, government restrictions, or extreme weather. In such cases, both parties will work together to reschedule or find a reasonable resolution.
16. Client-Initiated Postponement
If the Client needs to postpone the project for any reason, they must provide written notice to the Producer as soon as possible. The Producer will make reasonable efforts to accommodate a new date, subject to availability. If the postponement results in additional costs (such as location fees, crew rescheduling fees, or travel expenses), the Client agrees to cover these costs.
17. Client-Initiated Cancellation
If the Client cancels the project after booking, the following cancellation fees will apply:
- More than 10 days before the scheduled shoot: 0% of the total project fee.
- Less than 10 days before the scheduled shoot: 35% of the total project fee.
- Same-day cancellations or no-shows: The full project fee is non-refundable.
Any non-refundable expenses already incurred (such as permits, rentals, or travel) will also be billed to the Client.
18. Producer-Initiated Cancellation
If the Producer must cancel due to unforeseen circumstances (such as illness or emergency), they will notify the Client as soon as possible and either:
- Offer to reschedule at no additional cost, or
- Provide a full refund of any payments made for undelivered services.