Video Production Terms and Conditions
1. Definitions and General Terms
In these Terms and Conditions the words ‘Creative Created’, ‘Creative Listening’, ‘we’, ‘us’ ‘our’ and ‘ours’ refer to Creative Listening Limited, a UK registered limited liability company. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all video and associated audio products created by Creative Created/Creative Listening, including all moving and still images and sound recordings of whatever form.
2. Preproduction 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.
No liability will be accepted by Creative Created/Creative Listening for and 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 Creative Created/Creative Listening product, permission must be obtained from the original copyright owner/material provider.
The client undertakes to indemnify Creative Created/Creative Listening 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.
3. Production and Postproduction
All works undertaken will be as per the Creative Created/Creative Listening written quotation based upon 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.
If filming locations are being organised 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.
Creative Created/Creative Listening takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and/or equipment from a Client sourced location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. Creative Created/Creative Listening will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
Creative Created/Creative Listening carries public liability insurance cover of ten million pounds. A copy of our insurance certificate can be provided on 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.
5. Adverse Weather Conditions
In the event of inclement weather which in our opinion would pose a risk to 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.
6. 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, organisation 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).
7. Changes to the Filming Schedule
In the event of the Client wishing to change or cancel the filming date we require a minimum of 2 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for any unrecoverable costs associated with the originally scheduled dates.
8. Equipment Substitution
In the event that Creative Created/Creative Listening 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 upon 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.
9. Approval/Amendments of Draft Footage
Under normal circumstances one ‘first cut’ edit 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 our current daily post-production rate, or part thereof.
10. Project Duration and Delivery
Any indication given by Creative Created/Creative Listening of a design project’s duration is to be considered by the customer to be an estimation. Creative Created/Creative Listening 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.
The client asserts their full rights as copyright owner of all material that has been captured, processed and/or produced by Creative Created/Created Listening as part of the agreed Details of Work. The copyright of all produced material is solely owned by the client and is protected under UK law.
12. 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 Creative Created/Creative Listening 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.
The client retains all rights to the usage of footage captured during the production of the project as outlined in the Details of Work.
Creative Created/Creative Listening reserves the rights to use the footage and related files from any client-commissioned project in our showreels, portfolio and Social Media channels.
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 retains all rights to the video material as agreed in its delivered form.
Unless otherwise agreed, 50% of the total cost is to be paid in advance upon exchange of contracts.
Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.
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 legislation if we are not paid according to agreed credit terms.
The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Creative Created/Creative Listening reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyrighted material under this Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Creative Created/Creative Listening under UK law.