Terms and Conditions
1. DEFINITIONS
For the purpose of this agreement "the Agency" and "the Advertiser" shall where the context so admits include their respective as-
signees, sub-licensees, and successors in title. In cases where the Filmmaker’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both "the Agency" and "the Advertiser" shall be interpreted as references to the
Filmmaker’s client. "Films" means all photographic & moving image material furnished by the Filmmaker, whether Films, Videos, Stills or any other type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Film(s) is retained by the Filmmaker at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Films remains the property of the Filmmaker.
4. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Films before payment in full of the relevant invoice(s) without the Filmmaker’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product and its benefit shall not be assigned to any third party without the Filmmaker’s permission. Accordingly, even where any form of 'all media' Licence is granted, the Filmmaker’s permission must be obtained before any use of the Films for other purposes e.g. use in relation to another product or sublicensing through a videolibrary. Permission to use the Films for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Films will be subject to these terms and conditions.
5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Films to the exclusion of all other persons including the Filmmaker. However, the Filmmaker retains the right in all cases to use the Film(s) in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work.
6. CLIENT CONFIDENTIALITY
The Filmmaker will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the Filming, save as may be reasonably necessary to enable the Filmmaker to carry out his/her obligations in relation to the commission.
7. INDEMNITY
The Filmmaker agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Filmmaker to obtain any clearances for which he/she was responsible in respect of third-party copyright works, trademarks, designs, or other intellectual property. The Filmmaker shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Filmmaker against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT
Payment by the Agency will be expected for the commissioned work within 20 calendar days of the issue of the relevant invoice.
If the invoice is not paid, in full, within 20 calendar days The Filmmaker reserves the right to charge interest at the rate pre-scribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
9. EXPENSES
Where extra expenses or time are incurred by the Filmmaker as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Filmmaker’s normal rate to the Filmmaker in addition to the expenses shown overleaf as having been agreed or estimated.
10. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Filmmaker will, at his/her discretion, charge a fee for cancellation or postponement.
12. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Film(s) may not be stored in any form of electronic medium without the written permission of the Filmmaker. Manipulation of the Film(s) or use of only a portion of the Film(s) may only take place with the express permission of the Filmmaker.
13. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
14. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.