TERMS AND CONDITIONS FOR FILM AND PHOTOGRAPHY SERVICES
- SUBJECT MATTER OF THE CONTRACT
1. The production Company/client assigns the Service Provider to make films / photos based on the Agreement made via email in writing or verbally, for a fee as set out in that Agreement with the following conditions. The Service Provider performs the activities / tasks detailed below in accordance with the instructions of the production Company/client and in the interests of the production Company/client, as detailed below, and declares that it has the experience, knowledge and technical equipment necessary for performing the activity subject to the Agreement.
2. The production Company/client orders the Service Provider to carry out the photography and filmmaking tasks organized for the date specified in the Agreement and to carry out the photographic post-production and video editing related to the recordings, with particular regard to the following:
- The Service Provider undertakes to complete the tasks to the best of its professional knowledge, and is obliged to take the photo and video recordings in the highest quality expected of it.
- The Service Provider is obliged to appear at the time and locations of the photos and videos recorded according to the Annex 1, as agreed in advance between the Contracting Parties, with appropriate equipment. Out-of-contract availability is possible, even on the spot, but at an additional cost, based on the hourly rates listed in the current price list.
- The Service Provider undertakes to deliver to the production Company/client the film(s) and photos detailed in the Agreement within 20 days after the last day of production.
- The final digital photos will be delivered to the production Company/client through a private web gallery, and the final film(s) will be provided through a video sharing portal.
3. The Contracting Parties agree that prior to the Agreement the production Company/client has inquired about the artistic direction of the photo and video recordings made by the Service Provider, has reviewed their previous works, references on his website. The production Company/client acknowledges that the photo and video recordings are greatly influenced by the location, environment, weather conditions and lighting conditions.
4. The production Company/client shall be provided with the number of retouched, high resolution photographs and films specified in the Agreement.
5. Data Storage: Service Provider stores all photo and film raw materials.
II. OBLIGATIONS OF THE SERVICE PROVIDER
1. The Service Provider undertakes to carry out the tasks specified in Section I. accurately and professionally.
2. If at any time during the performance of the Agreement the Service Provider has any circumstances that hinder its performance (in particular: illness, traffic, travel delays or cancellations, obstruction, accident, etc.), it shall immediately inform the production Company/client thereof.
3. The Service Provider undertakes to act in the interests of the production Company/client at all times.
III. OBLIGATIONS OF THE PRODUCTION COMPANY
1. The production Company/client shall pay the Service Provider the agreed service fee.
2. During the photography / filming days, the production Company/client shall provide food and drink to the Service Provider.
3. The production Company/client shall support the Service Provider in the performance of its tasks by providing it with all information necessary for the performance of its tasks.
IV. COOPERATION
1. The Contracting Parties agree to cooperate in the implementation of the provisions of the Agreement, to verify the manner, results and quality of its implementation, and to consult on issues that require clarification in order to promote the Service Provider’s contractual performance.
V. REMUNERATION, PAYMENT OBLIGATIONS
1.The Service Provider receives a pre-determined service fee for the fulfillment of the tasks undertaken under the Agreement.
2. The Service Fee set by the Parties is included in the Agreement.
3. The Service Fee shall include all costs and expenses incurred by the Service Provider in connection with the handling of the current assignment (eg travel expenses), except for other extra requests, which shall be accepted on the basis of a separate offer.
4. The Service Fee shall include the usage fee of the photographs and video recordings, as specified in Section XI.
VI. WARRANTY
1. The Service Provider shall act with the utmost care when performing the tasks specified in the Agreement. The Service Provider warrants that it will perform the tasks set out in the Agreement to the best of its knowledge and experience, using the most advanced methodologies and techniques known to it.
VII. MODIFICATION AND TERMINATION OF THE AGREEMENT
1. The Agreement may be amended and terminated in writing by mutual consent of the Contracting Parties.
2. The production Company/client and Service Provider may terminate the Agreement with immediate effect if one party commits a serious breach of contract or other rights or legitimate interests of the other party.
VIII. SECRECY
2. The Service Provider is obliged to keep the privacy secrets of the Customer, as well as the essential information regarding the Customer. In addition, the Service Provider may not engage in conduct that would violate The production Company/client legitimate interests.
IX. COPYRIGHT TERMS
1. The Contracting Parties state that all the recordings, raw materials, other elements (eg, recording, content, unique music, graphics, texts, etc.) created in the course of the performance of the Agreement shall be governed by copyright and other intellectual property laws. All the related copyrights of the above mentioned elements are owned by the Service Provider.
X. GOVERNING LAW
1. The interpretation of the Agreement and any matters not regulated herein shall be governed by the applicable law of United Kingdom.
XI. FORCE MAJEURE CANCELLATIONS
1. In the event of a ‘force majeure’ where we are prevented from working, the production Company/client are not liable for any payment of fees or breach in contract. Such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, severe weather, floods, war or acts or threats of terrorism.
XII. SETTLEMENT OF DISPUTES
1. The Service Provider and the production Company/client shall make every effort to resolve any dispute arising out of or in connection with the Agreement through negotiations. The Parties shall mutually inform each other of any circumstances arising after the conclusion of the Agreement.