My terms and conditions.
TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM LUKE SUTTON
Last revised – 20:53pm, Saturday 27th July, 2024
- Definitions & General Terms
The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organization acting on their behalf. These Terms and Conditions apply to all video and associated audio products created by Luke Sutton, including all moving and still images and sound recordings of whatever form. - Pre-production Requirements
It is the Client’s responsibility to obtain all necessary permissions including but not limited to performances, 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.We normally plan a shot list in an online meeting with the client, but a specific storyboard can be requested and agreed upon before the shoot commences. Storyboards required for a shoot require extra work and planning and will be billed additionally at Luke Sutton’s daily rate of £450.No liability will be accepted by Luke Sutton for any delays or failure to deliver the agreed product if caused by any element which is the Client’s responsibility.
Where copyright material is provided by the client for incorporation into a Luke Sutton product, permission must be obtained from the original copyright owner/material provider. The client undertakes to indemnify Luke Sutton against any future possible claims, disputes, expenses, or costs arising from the use of such material, without time limit.
A full production brief must be signed off by the Client before production work begins.
- Production and Post-production
All works undertaken will be as per Luke Sutton’s written quotation based on the agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our current daily rates.Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organized by the Client, it is the Client’s responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.Luke Sutton takes Health & Safety matters seriously and reserves the right in all instances to remove any of our personnel and/or equipment from a location if deemed unsafe or if our crew is subjected to abusive or aggressive behavior. In such circumstances, the Client will be fully liable for any costs incurred or subsequently arising as a result. Luke Sutton will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
- Insurance
Luke Sutton carries public liability insurance cover of one million pounds. A copy of our insurance certificate can be provided on receipt of a request to our offices. Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief. - Adverse Weather Conditions
In the event of inclement weather which in our opinion would pose a risk to the health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time. - Client Delays
In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organization, or any other matter specified in the production brief, we reserve the right to reschedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).If no progress of the video production has been made (whether this be planning, the effective shoot, filming, or editing of the video production) within the first 4 weeks, Luke Sutton will re-quote for the video production if deemed necessary.If no progress on the video production has been made (whether this be planning, the effective shoot, filming, or editing of the video production) within 3 months of the quote date, Luke Sutton will cancel the project; the deposit is non-refundable.
- Changes to the Filming Schedule
In the event of the Client wishing to change or cancel the filming date, we require a minimum of 4 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates. - Equipment Substitution
In the event that Luke Sutton experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted. - Approval / Amendments of Draft Footage
Under normal circumstances, two revisions will be available for the Client for review and comment. Two sets of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Subsequent revisions or significant re-edits will be charged at a rate of £450 per day or part thereof. - Project Duration and Delivery
Any indication given by Luke Sutton of a design project’s duration is to be considered by the customer to be an estimation. Luke Sutton will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment, and regular feedback from the client. In all cases, our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. Luke Sutton will not under any circumstances be responsible for any loss, damage, or costs arising from the late, erroneous, or non-delivery of the product.
The final project must be completed and agreed upon within two weeks of filming to avoid delays.
- Copyright
Unless agreed otherwise, Luke Sutton asserts full rights as copyright owner of all material that has been captured, processed, and/or produced by us, whether or not such material forms part of a finished project. Unless agreed otherwise, the copyright of all produced material is solely owned by Luke Sutton and is protected under UK law. Copyright is negotiable at a revised quote for the production as this would negate our ability to display footage on our portfolio etc. - Usage Licence – Rights to the Use of Project Content
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage, and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Luke Sutton against any possible claims, disputes, expenses, or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for the use of that footage to the Client subject always to the following express condition:
“Luke Sutton retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy, or alter the content in any way unless this is expressly agreed in writing.”
We reserve the right to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
Luke Sutton assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited, or used as part of another production unless this is expressly agreed in writing.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions, the Client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
- Payment
Our payment terms are as follows:
- 30% upfront as an initial payment
- 40% on the day of filming
- 30% on the day of the final delivery, which is sent digitally either on Google Drive or WeTransfer
Payments are due upon receipt of the invoice and in the event of an order being confirmed the Client accepts these terms.
If no progress on the video production has been made (whether this be planning, the effective shoot, filming, or editing of the video production) within 4 weeks, Luke Sutton will re-quote for the video production if deemed necessary.
If no progress on the video production has been made (whether this be planning, the effective shoot, filming, or editing of the video production) within 3 months of the quote date, Luke Sutton will cancel the project; the deposit is non-refundable.
We reserve the right to charge further interest and late payment fees on all overdue invoices as 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