BACKGROUND

A.     The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

B.     The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor individually the “Party” and collectively the “Parties” to this Agreement as follows:

SERVICES PROVIDED

1. The Client hereby agrees to engage the Contractor to provide the Client with the services agreed upon booking. By default, this may look something like this:

PRODUCTION – 1x Day of Filming.

POST-PRODUCTION – Video Editing. Up to three rounds of amendments per project are permitted.

DELIVERY – Digital Download via Dropbox.

2. The services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

TERM OF AGREEMENT

3. The term of this Agreement (the “Term”) will begin on the date of the booking and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The term may be extended with the written consent of the Parties.

PERFORMANCE

4. The parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY

5. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.

PAYMENT

6. The Contractor will charge the Client a flat fee (inclusive of VAT, taxes and all travel expenses) for the Services (The “Payment”). The Client is also responsible for paying all location fees and any extra costs incurred on the project.

7. The Client will need to pay a 20% non-refundable deposit upon booking. The remaining 80% will be due before final delivery of the completed edited video(s).

8. Invoices submitted by the Contractor to the Client are due within 30 days of receipt. 

9. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.

10. The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contributor will indemnify the Client in respect of any such payments required to be made by the Client. 

PENALTIES FOR LATE PAYMENT

11. Any late payments will trigger a fee of 10% per month on the amount still owing.

CANCELLATION

12. The Client may cancel, without charge, when seven days of notice prior to the filming date is given to the Contractor. If less than seven days of notice is given, the Client will trigger a cancellation charge, priced at 50% of the total balance due. If the Client cancels within 24 hours of the filming date, the Client will trigger a cancellation fee of 80%.

CONFIDENTIALTY

13. Confidential information (The “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

14. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential

Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. 

OWNERSHIP OF FOOTAGE

15. The Client reserves the right to own all footage and source materials corresponding to the Project. If the Client requests the footage and source materials, the Contractor will send a hard drive containing all footage and source materials to one address of choice. There will be a £60 charge for this to cover the cost of 1x Hard Drive plus postage and packaging. The Contractor agrees that they will not modify any footage without written consent of the Client. 

CAPACITY/INDEPENDENT CONTRACTOR

16. In property, the Services under this Agreement it is agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. 

INDEMNIFICATION

17. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by the applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act of omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT

18. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

ASSIGNMENT

19. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

GOVERNING LAW

20. This Agreement will be governed by and construed in accordance with the laws of England.