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Terms & Conditions.
The legal side...
Please read the following Terms & Conditions
Definitions
The Parties: Frederick Jewson (Oxford House) and the client.
Working Days means weekdays excluding bank holidays.
Booking Confirmation means the date of written confirmation of the fee and booking by Frederick Jewson in accordance with these Terms and Conditions.
Confirmed Date means any date for contractual performance, agreed in writing between the parties.
The Agreement means as agreed between Frederick Jewson and the client as per these Terms and Conditions.
Product means any product(s) or service(s) provided to the client by Frederick Jewson including but not limited to images, visual designs, prints, digital images / files and footage.
In Writing means e-mail or letter.
Including means including but not limited to.
Words in singular form shall be construed to include the plural and vice versa, unless context otherwise requires. Masculine, feminine or neutral pronouns shall be construed to include pronouns of all genders (including neutral).
References to inclusion are not exhaustive.
Booking and cancellation
Bookings will be confirmed in writing. E-mail will be acceptable. For certain productions, a non-refundable deposit will be required prior to date of production in order to cover elements such as production costs. Frederick Jewson has the right to withhold services if the deposit has not been paid by the appropriate date and time. In addition to this, the client will be charged for any costs and expenses already incurred by Frederick Jewson. There maybe third party cancelation fees involved with the production which the client will be liable to pay.
All cancellations must be in writing.
Once a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client as follows:
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Cancellation by the client within 10 working days of the date of Booking Confirmation, (but not within 10 days of any Confirmed Date) an administration fee of £25 will be charged.
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Cancellation by the client within 10 working days of any Confirmed Date, a fee of 50% of the quoted total fee of the project will be charged.
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In addition to this cancellation fee, the client will be charged for any expenses already incurred by Frederick Jewson, including any third party cancelation fees.
Payment
Fee quotes are based on the Frederick Jewson price list or as agreed in writing and are valid for 3 months from the date of the quotation.
If the production exceeds the days quoted due to additional demands from the client the changes will be assessed and charged appropriately for the completion of the project.
Payment is required within 14 days of the invoice date. The invoice can be sent from the first day of the production unless agreed otherwise in writing. Late payment will attract interest at 10% above the base rate of Lloyds Bank Plc from the due date of payment.
Work Order
The client brief, including any deadlines, must be agreed in writing with Frederick Jewson before work commences.
Any changes to the brief must be notified and agreed in writing with Frederick Jewson. Any such changes may attract additional fees.
The client will not hold Frederick Jewson liable for any claims or losses as a result of deadlines not being met.
Expenses
The client is responsible for all expenses incurred by Frederick Jewson in pursuance of the client brief during all stages of production, including transport, accommodation, food, and equipment hire.
Film
Frederick Jewson is entitled to assume that all persons being filmed have consented to being filmed or photographed, unless the client advises him otherwise in writing
Frederick Jewson cannot be held responsible for any lighting, sound or interference issues caused by circumstances outside of his control. This includes camera/equipment failure, adverse lighting or weather conditions, noise issues, and restrictions imposed by venues.
Copyright / Ownership
Frederick Jewson retains full, unlimited and worldwide copyright of all Products supplied and / or produced. The client does not have the rights to or able to use the raw footage. If raw footage is required it must be requested and an additional sum paid. Raw footage will be deleted after sign off of the product(s).
The client must ensure that permission is sought for the inclusion of any copyright material they supply to Frederick Jewson to enable him to deliver the Product.
On full payment of sums due to Frederick Jewson the client will be granted a non-exclusive licence, limiting the client to a non-exclusive use of the Product(s) for a period of 5 years for use online. This licence cannot be transferred to a third party. This period may be extended by agreement. Further licensing costs apply for TV distribution.
Frederick Jewson will only make reproductions for the client or Frederick Jewson’s portfolio, samples, self-promotion, entry in contests or exhibitions or other marketing use.
The client will request that a credit for Frederick Jewson be given to any work or Product produced / supplied by Frederick Jewson on any publication, website, titles or other means of display but shall have no liability if the publication refuses or omits to do so.
At the discretion of Frederick Jewson, footage, if still on file, can be licensed for third party uses or more video content. Two examples are below.
Standard License Fee (starting from £150) Example:
If a production cost £1,200, the standard license fee for all the footage would cost £1,200. Linked to current day rate, not original invoice.
Unlimited License Fee (10x cost of production) Example:
If a production cost £1,200, the unlimited license fee for all the footage would cost £12,000.
Please note the cost of production is not what was invoiced at the time. The cost of production is re-evaluated to reflect our current pricing structure.
A Standard License grants use of the licensed footage on one production and for online use only. The Unlimited License is for unlimited use of the footage on all distribution channels until the License expires (typically 10 years, or what has been agreed).
This License fee is waived (at the discretion of Frederick Jewson) when Frederick Jewson is hired to re-edit any previously shot footage. Licensing primarily is needed when external editing is contracted, or if the requirements hold a higher value (eg, TVC).
If the License agreement is breached, a fine of the equivalent value, deemed by Fredrick Jewson, will need to be paid.
Failure to Perform
If Frederick Jewson cannot perform the Agreement due to any cause beyond his control, including illness, he will not be liable in any way with regard to the Agreement.
Product
Alterations – the client shall not make or permit alterations to the Product without the permission of Frederick Jewson.
Unless otherwise agreed, the client accepts Frederick Jewson’s decisions on creativity within the Product. The return or rejection of technically acceptable Products (including prints, digital files and footage) or demands for refund or refusal to settle charges will not be accepted. Frederick Jewson cannot be held responsible for individual tastes or expectations.
(RAW) Footage will be deleted 6 months after a production has been supplied. Frederick Jewson owns the rights to the footage and therefore has the ability to delete the footage. If further edits are required in future, this must be shared in writing with Frederick Jewson before production. However, Frederick Jewson will still have the right to delete footage if required.
Liability and Indemnity
While Frederick Jewson takes all reasonable care in the performance of this agreement generally, Frederick Jewson shall not be liable for any loss or damage suffered by the client or by any third party arising from use or reproduction of the Product.
The client agrees to indemnify Frederick Jewson in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights or any Product supplied to the client by Frederick Jewson.
It is the client’s responsibility to obtain any model releases, trademarks, permissions, licences (including for the use of commercial music dubbed onto edited videos) and to pay any fees to any venues / locations or musicians or entertainment, where filming will take place. In the event that the Product is issued or reproduced by or with the authority of the client, then the client will indemnify Frederick Jewson against loss or damage, proceedings or costs, where such rights, releases or permissions have not been obtained or breach of copyright may be claimed.