TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM FLYTE CREATIVE MEDIA LTD
1. Definitions and general terms
In these terms and conditions, the words ‘FLYTE Creative Media’, ‘FLYTE’, ‘we’, ‘us’, ‘our’ and ‘ours’ refer to FLYTE Creative 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, photography and associated audio product created by FLYTE Creative Media, including all moving and still images and sound recordings of whatever form.
2. Pre-production requirements
It is the client’s 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 FLYTE Creative 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 FLYTE Creative Media product, permission must be obtained from the original copyright owner / material provider.
By accepting these terms and conditions, the client hereby indemnifies FLYTE Creative Media against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
The proposed statement of work must be agreed between FLYTE Creative Media and the client and signed off by the client before production work begins. Written or verbal sign offs are both considered acceptable.
3. Production and post-production
All works undertaken will be as per FLYTE Creative Media’s 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 daily 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 client’s 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.
FLYTE Creative Media takes health and 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. FLYTE Creative Media will observe the site safety rules at all times and will liaise with the appropriate responsible person(s) named in the production brief.
FLYTE Creative Media carries public liability insurance cover of £2 million. A copy of our insurance certificate can be provided on receipt of a request to the following email address: firstname.lastname@example.org .
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 and 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. Changes to the filming schedule
In the event of the client wishing to change or cancel the filming date we require a minimum of one weeks’ notice. If inadequate notice is provided, we reserve the right to charge a nominal fee to the
client to cover any costs incurred by the cancellation.
8. Equipment substitution
In the event that FLYTE Creative 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.
9. Approval/amendments of draft footage
Under normal circumstances one ‘first cut’ edit will be available for the client for review and comment on. One set of amendments/revisions will be incorporated within the agreed project cost, provided that any revisions or amendments fall within the original agreed brief. Subsequent revisions or significant re-edits will be charged our current daily rate.
10. Project duration and delivery
Any indication given by FLYTE Creative Media of a project’s duration is to be considered by the customer to be an estimation. FLYTE Creative Media will do everything possible to meet specific deadlines, providing there is clear communication, regular feedback from the client and payment schedules are adhered to. 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. FLYTE Creative 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.
The client owns the copyright to all raw footage captured and the finished, edited video file in the agreed formats. All post-production files within FLYTE Creative Media’s editing software (including and not limited to files held within Adobe After Effects and Adobe Premiere Pro) are owned by FLYTE Creative Media, unless subject to an alternative agreement between the client and FLYTE Creative Media.
FLYTE Creative Media reserves the right to utilise collected footage for its own promotional purposes, including but not limited to, its show reel, social media channels and website.
12. Payment terms
On agreement of a project, FLYTE Creative Media will raise an initial invoice for 50% of the agreed cost of the project. The initial invoice will be raised with payment required in full prior to principal filming and/or production (including post-production) commencing.
On completion of the project, the final 50% of the project cost (plus any additional costs and expenses that have been incurred) is then raised on a 30-day term. In the event of a project being confirmed, the client accepts these terms.
For high value and/or long-term projects FLYTE Creative Media can create a payment schedule to split the total cost across invoices valued at 30%, 30% and 40% of the project (plus any additional costs and expenses that have been incurred).
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.
The client shall be responsible for all collection or legal fees necessitated by late or default in payment.
FLYTE Creative 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 FLYTE Creative Media Limited under UK law.