Terms and Conditions
1. A contract is formed between a client (referred to as the Client) and Michael Lord T/A Blue Lotus Media (referred to as the Videographer) when an Order is received from the Client with a paid deposit. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Videographer to the Client. These conditions do not affect your statutory rights.
2. It is agreed that the terms set out in this agreement is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
3. A payment of 25% on the date of commissioning the project. The balance upon delivery of the completed project to the Client.
4. The Client understands and accepts that the coverage will be as the Videographer’s professional expertise determines and that no one piece of footage will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the Client’s wishes.
5. Any special requests not notified at the time the Order is placed must be made by the Client to the Videographer/s in writing.
Changes to the Production Schedule
6. Where a shooting date is rescheduled at the Client’s request, we reserve the right to add a rescheduling fee to the final invoice. In such cases, we are no longer obliged to meet the original completion date, although we will make every reasonable attempt to do so.
7. We regret that revisiting a location to re-shoot footage at the Client’s request may not always be possible. Where it is possible, we reserve the right to charge for any extra costs. In such cases the production schedule may be affected and the Videographer will no longer be obliged to meet the original completion date, although every reasonable attempt to do so will be made.
Filming of Third Parties
8. If third-party interviewees or performers withdraw from their interviews or appearances, for whatever reason, please be aware that this will have an impact on the production schedule and we will not necessarily be able to meet the original completion date, although we will make every reasonable attempt to do so.
9. On occasions and without notice it may be necessary for the Videographer originally specified to be substituted by another Videographer, (e.g. due to ill health).
10. The Videographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes impossible to record on film the exact colour as seen by the human eye.
11. Unless otherwise stated in the Order, the Videographer retains copyright in all its Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Client in relation to the Order. Any footage or copies stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such footage are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied electronically or by any other means a DVD/electronic file created as part of this contract without the permission of the Videographer in writing.
Copyright (material provided by Client)
12. In the event of the Client providing material or requesting that certain material is included (video, audio, photographs, musical works, logos, etc) for inclusion into a video production, all copyright or all necessary licences must be obtained from the original copyright owner/controller/provider by the Client. The material to be provided to the Videographer must be totally free of charge (or otherwise paid for by the Client) and the Client shall indemnify the Videographer against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.
Performers Release usage
13. At all times the Videographer advises and recommends its Clients to use and enforce Performers Release Forms. The Videographer will accept no discounts or liability if the production must be re- edited due to a Performer refusing permission to show their image or use their audio in whatever form.
14. The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Videographer supplying the Product(s) or Service(s) and that such recording is in compliance with Data Protection.
15. Digital files remain the property of the Videographer.
16. The Videographer shall be granted complete artistic licence including in relation to the footage taken and the locations used. The Videographer’s judgement regarding the locations/shots and extent of footage shot shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Force Majeure or Act of God
17. The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
18. Although the Videographer will do his/her best to produce more footage than set out in the Order/as discussed with the Client, there is no guarantee that any particular amount shall be filmed and produced.
19. The Client hereby allows the Videographer to use footage taken in this contract in his studios, portfolios, showreels, literature, exhibitions and advertising. No use of footage will be made by the Videographer for other commercial reason except with the written permission of the Client.
20. Unless otherwise agreed the Videographer will treat any information gained during the supply of the Product(s) or Service(s) as being private and confidential. Likewise, the Client shall keep confidential any methodologies and technology used by the Videographer to supply the Product(s) or Service(s).
21. The Client may cancel this contract at any time by giving written notice to the Videographer/s but in doing so shall forfeit any monies paid. Should cancellation be received by the Videographer/s less than four weeks prior to the date of the start of filming, the Client shall in addition pay a sum equal to 50% of the contract value. The said sum shall be payable as compensation as an estimate of the loss the Videographer would suffer.
Limitation of Liability
22. In the unlikely event of a total Video failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
23. Any complaints should be raised by the Client with the Videographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.