TERMS & CONDITIONS
TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM HIGHLIGHT FILMS LTD
1. Definitions & General Terms
In these Terms and Conditions the words ‘Highlight Films’ ‘Highlight’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Highlight Films Limited, a UK registered limited company (Company Number: 11156364). The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person organisation acting on their behalf.
These terms and conditions apply to all video and associated audio products created by Highlight Films, including all moving and still images and sound recordings of any form/ type.
The client obtains the responsibility to ensure all necessary permissions are in place including the use of 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 Highlight Films for delays or failure to deliver the agreed product if caused by any element which is the responsibilities of the client. Where copyright material is provided by the client for use into a Highlight Films product, permission must be obtained from the original material provider/copyright owner. The client undertakes all responsibility for use of such material/content and protects Highlight Films against any future possible claims, disputes, expenses or costs arising from the use of such material. A full production brief must be signed off by the Client and Highlight Films before production work begins. Any agreed dates, times and locations for the production and post-production of the video must be complied to and Highlight films takes no responsibility towards the disruption of this if caused by the client/customer.
3. Production & Post-Production
All work undertaken by Highlight Films will be quoted based upon the clients production brief/idea. It is the Clients responsibility to ensure that this is thoroughly understood and read prior too booking. Any amendments or additional days filming will be charged at our current rates. If filming locations/venues are organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to needed and relevant locations required throughout the time of shooting. Inadequate access and lack of relevant facilities may cause delays in production and may incur additional charges. Health and Safety is something Highlight Films take seriously and we reserve the right to remove any of our personnel and/or equipment from a location if a member of our crew are subjective to abusive or aggressive behaviour or we deem it to be unsafe. The Client will be fully liable and takes full responsibility for any costs incurred if such circumstances occur.
Highlight Films carries public liability insurance cover of one million pounds. Extended/ Upgraded specific project insurance cover can be provided if required upon request. A copy of our insurance certificate can be provided via request to our offices.
5. Adverse Weather Conditions
In the event of adverse weather which in our opinion would impose a risk to our equipment, health and safety of our personnel or has the potential to prevent successful video capture, we reserve the right to change the date or time of filming to a more suitable date or time. In this instance the deposit paid by the client will be held and carried on to the second agreed date of filming once rescheduled. Adverse weather conditions are neither the Client or Our faults, although it is the responsibility of the Client to ensure the scheduled day of shooting has suitable weather forecasted.
6. ‘Client delays’
In the event of filming being delayed or aborted due to the Client’s failure to commit to the agreed times, dates, facilities or any other matter specified before the day of shooting, we reserve the right to re-schedule the days days of filming affected and charge any additional costs which arise. Highlight films will be entitled to the deposit in full with no refund or credit given in respect of costs associated with the delays of the original shooting day(s).
7. Cancellation/Changes To Filming Schedule
In the event of the Client wishing to cancel or change the original agreed filming date(s) we require a minimum of 72 hours notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with originally scheduled days. In an instance where a cancellation/change to shooting days is made within 72 hours of filming the deposit paid by the Client will be 100% entitled to Highlight Films.
8. Equipment Failure/Technical Difficulties
In the event that Highlight Films experiences technical difficulties or equipment failure, all efforts will be made by us to find suitable replacement equipment, to find a suitable solution for the issue and/or find relevant personnel so there is not a delay to filming or an adverse impact upon the project quality or delivery. In an instance where equipment failure or technical difficulties stop us from being able to go ahead with shooting, Highlight Films takes no responsibility/liability, but will ensure another shooting date is agreed to delivery the relevant project with a quicker turn around.
9. Approval/Changes To Draft Footage/Edit
Under normal circumstances the ‘first edit’ will be available for the client for review and comment within 10-14 working days of filming. Two sets of revisions/changes will be incorporated within the agreed project costs provided that any changes or amendments will not take longer than the original agreed production/post-production time. All clients are encouraged to give us a full detailed vision of what they expect when receiving their final edit so we can ensure the project is completed with no delay. Subsequent revisions or significant re-edits will be charged at a rate of £70 per hour.
10. Project Time/Delivery
Highlight Films will do everything possible to ensure specific deadlines are met, providing there is clear communication from the Client, prompt payment and regular feedback from the Client. Highlight films will not under any circumstances be responsible for any loss, damage or costs arising from the late delivery of a product.
Highlight Films asserts its full rights as copyright owner of all material that has been captured, produced and/or processed by us, whether or not such material becomes/ forms part of a finished/final project. The copyright of all produced material is solely owned by Highlight Films and is protected under UK law.
12. Usage License - Rights To The Use Of Clients Project Content
In the event that the Client provides material to us for the inclusion in any project, including but not limited to logos, footage, audio, trademarks and images, the relevant permission(s) must be obtained in advance to the project from the original copyright holder.
By accepting these terms and conditions, the client hereby indemnifies Highlight Films against any possible disputes, claims, expenses or anything similar that may arise from breaching any copyright laws or pre-existing terms and conditions attached to the original material. We retain and own all the rights to the use of any footage captured during the production of any client-commissioned project and/or any project. We grant a time-unlimited license for the use of that footage to the Client subject always to the following express condition: “Highlight Films retains/owns all copyright over any content we produce. We grant the client permission to use the content in the state in which we provide it to the client as the final product. Permission is not granted to the Client to alter, re-edit or copy the content in any way. We reserve the rights to use any related files and footage from any client-commissioned project in our showreel or/and for any other promotional purposes.
Highlight Films assigns the Client with a license to use the video production in its complete delivered form only. Highlight Films do not give permission in any instant for material to be edited, altered or used as part of another production, unless this is expressly agreed in writing. The client is granted a usage license related to the video material in its delivered form, provided any payment/money due to us from Client has been received as cleared funds in our bank account and provided that the Client is not in breach of anything included/ contained in these Terms and Conditions. Highlight Films retain the right to use any of our copyright material for any legal purpose, including its use within other projects for other clients unless we have granted permission/ an exclusive license to any Client or the material contains specific intellectual or imagery copyrighted by the Client.
Highlight Films require a 25% deposit of full costs 72 hours before arranged filming date to secure filming time for Client. Our payment terms are strictly 30 days from date of invoice and in the event of a project being confirmed the Client accepts these terms. We reserve the right to charge further interest and late payment fees on all overdue invoices 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 that have arisen by late or default in payment. Highlight Films reserves the right to withhold the usage license or delivery of any current work if accounts are not current or overdue invoices are not paid in full. Any grants of any license to use our material under this agreement are conditional upon receipt of payment in full which shall be inclusive of any outstanding additional costs, expenses, taxes, fees and charges or the costs of admin 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 Highlight Films under UK law.