Terms And Conditions
TERMS & CONDITIONS (‘Terms’)
Jacob Cameron Hill Videography, Jacob Cameron Hill Productions and JCHVideography and trading styles of the business operated by Jacob Cameron Hill, referred to in these Terms as ‘JCHV’.
If JCHV agrees to produce a video, a film, footage or similar material, or photographs, the work to be undertaken (the ‘Project’) will be carried out under these Terms varied only by matters agreed in writing between both JCHV and the party requesting that the work be carried out (the ‘Client’).
Details of the Project will be as agreed in writing between JCHV and the Client and this, together with an indication of fees and related information are referred to as the ‘Quote’.
JCHV will provide a fixed fee, range of fees or a basis on which fees will be charged, for the Project (the ‘Original Fee’).
There may be circumstances in which additional time is spent over and above that anticipated when arriving at the Original Fee, as a result of Client requests or changes, and examples of such circumstances are included in the Video and Music sections below. Where such additional time is spent, and no specific additional fee or basis has been agreed, the Client agrees that this time will be charged by JCHV at a rate of £60 per hour when on location and otherwise at £50 per hour (or £30 per hour for travelling).
An additional fee will also be payable by the Client to cover additional costs/expenses incurred by JCHV where the Project requires an additional day (or days) on location.
The final agreed video, film, footage or similar material (including for ease of reference any photographs) is referred to in these Terms as the ‘Video’, and any earlier samples, drafts, subsequently amended versions or similar are referred to as a ‘Draft Video’ or the ‘Draft Videos’, as appropriate.
JCHV will endeavour to create a Video that is visually pleasing but colour balance cannot guarantee exact colour matching, as sometimes it is not possible to record the exact colour as seen by the human eye.
Retouching, digital manipulation and any other specified artistic effects are available to the Client as an optional extra. Additional fees will be payable by the Client in this situation and a fixed fee or indication of the basis of fees can be provided.
In arriving at the level of fees within the Quote, even if not specified to the Client, JCHV will make an assessment of the time expected to be spent in relation to providing music, editing, mixing, making changes etc. The Project will inevitably include a high degree of artistic judgment which at times can be subjective. If as a result of there being a significant number of changes requested by the Client (for whatever reason, including the Client not liking a particular aspect of the Video), an additional fee may be charged for the hours spent in excess of the expected hours.
If the Client asks JCHV to produce any variations of the Video, in addition to that anticipated in the Quote, an additional fee will be payable. JCHV will retain all of the rights within these Terms in respect of any variations of the Video as if the variation or variations were deemed to be called the Video.
If copies of the Video are required on DVD, memory stick etc, an additional fee will be payable of £30 (or such other amount if agreed) together with the related costs.
The tracks of music used at any point within the Video or Draft Videos will collectively be referred to as the ‘Music’.
If the Music is supplied by the Client, the Client is solely responsible for obtaining all relevant permissions and rights for use of that Music and indemnifies JCHV fully against any and all costs, fees, penalties or similar that may be incurred or suffered by JCHV as a result of using the Music.
If JCHV supplies the Music for the Project, JCHV will be responsible for obtaining all relevant permissions and rights. The Client is not permitted to use the Music for any other purpose than inclusion within the Video as intended by the Project.
JCHV will provide a track or samples of tracks that it feels are suitable for the Video, and agree with the Client the track (or tracks) to be used. JCHV will have regard to comments made by the Client in relation to the genre, type, style etc but will use its judgment in putting forward recommendations. The choice of music includes a high degree of artistic judgment. If the Client requests additional track samples, JCHV may charge an additional fee for the time spent identifying the further samples and providing these to the Client.
If the Client requests a change of music after the track (or tracks) has been agreed upon, and JCHV has commenced work producing a ‘Draft Video’, an additional fee will be payable by the Client reflecting the time spent to that point (as this time will then have little or no value to the Project).
Artistic Judgement and external factors
JCHV shall have complete artistic judgement including in relation to the footage taken, locations, poses and extent of footage etc. It may not be possible to capture all the shots requested on the anticipated day(s) as a result of the subjects, weather, Health & Safety concerns or other external factors. In addition, where the filming is to be carried out by Jacob Cameron Hill personally, there could potentially be unforeseen factors preventing him from carrying out or completing a shoot. The Client accepts these points and will not hold JCHV liable in any way for any actual or perceived shortcomings in the Video as a result of these factors or, in the exceptional circumstances that filming cannot take place or a Video cannot be produced.
Venue and filming rights
Health & Safety
The Client will advise JCHV immediately if it (or anyone related to the Client) are, or become, aware of any factors that could create a Heath & Safely risk to anyone at the shoot.
All rights in material, digital files, footage, film and sound recording or copies stored digitally or otherwise and any computer software including any source or object code, computer files or printed documentation relating to such footage, remain and are the copyright of JCHV and protected by the Copyright Designs and Patents Act 1988 (or any subsequent act). It is strictly forbidden under the Act to copy or allow to be copied electronically (or by any other means) any DVD/electronic file created under this agreement without the express written permission of JCHV. All rights are expressly reserved.
JCHV hereby grants to the Client a non-exclusive licence to use the Video for the use(s) described in the Quote. Any usage of the Video outside the terms of the licence including sub-licensing or distribution to third parties is strictly forbidden without the express written permission of JCHV. The Client’s right to use the Video arises only if the fee for the Project (including the grant of such a right) is fully paid.
The Client will have no rights to edit or in any other way change any Draft Videos or the Video without the express written permission of JCHV.
The right of JCHV to be identified as author of the Video has been asserted in accordance with the Copyright, Designs and Patents Act 1988 (or any subsequent act). The Client accepts that JCHV takes into account the promotional benefit of this credit in arriving at the basis of fees.
The Client agrees that all video material produced by JCHV on behalf of the Client can used for marketing purposes for JCHV such as in relation to portfolios, websites, literature, exhibitions, social media and advertising, unless JCHV agrees otherwise in writing to limit this use.
Cancellation & cancellation fees
The Client may cancel the Project at any time by giving written notice to JCHV. Should cancellation be received by JCHV less than 48 hours prior to the agreed date for the shoot (or first shoot if more than one), the Client shall pay a sum equal to 50% of the Original Fee. Should cancellation be received by JCHV more than 48 hours, but less than 8 days, prior to the agreed date for the shoot (or first shoot if more than one), the Client shall pay a sum equal to 25% of the Original Fee. The Client agrees that in the first instance any such amount due can be taken from the deposit paid with any balance of deposit being repayable to the Client.
This amounts payable in respect of cancellation are as compensation as an estimate of the loss suffered by JCHV as it will have been deprived of the ability of carrying out other work.
No cancellation fees will be payable if the shoot date(s) is re-booked at a date (s) acceptable to JCHV, but in this situation a non-refundable deposit will be payable of 50% of the Original Fee (any deposit already paid can be used as this non-refundable deposit).
In the event of any cancellation, or re-booking after a cancellation, the Client will be required to pay to JCHV an amount equivalent to any expenses already incurred in respect of third parties booked for the Project.
JCHV reserves the right to stop working on the Project at any point where fees are overdue for payment or where, in JCHV’s reasonable opinion, it seems unlikely the Client and JCHV will be able to agree the detail of a final form Video. In any such event, the Client will be liable to pay the higher of any amounts paid to that point in time or 75% of the Original Fee. Despite being liable to pay such a fee, the Client will have no rights to use any Draft Videos provided by JCHV.
Limitation of liability
The Client and JCHV agree that in any and all circumstances, irrespective of whether or not the Project is aborted, cancelled or completed, the liability of JCHV (and for the avoidance of doubt Jacob Cameron Hill) to the Client shall be limited to the Original Fee, and JCHV will not be liable for any indirect or consequential loss, damages or claim arising from breach of contract in excess of the Original Fee. The Client accepts that this is a fair and reasonable condition in respect of the Project.
Loss of data/image files
JCHV cannot be held responsible for the loss of data or image files due to circumstances beyond its control.
Any complaints, disagreements, concerns or similar relating to the Video should be raised by the Client in writing to JCVH within 14 days of first becoming aware of the matter and, in any event, within 14 days of receipt of the Video (or latest Draft Video if the Video has not been provided).
Payment terms and deposit
Payment terms will be as set out in the Quote issued by JCHV to the Client, and will require payment of a deposit (usually of 50% of the Original Fee) to secure the booking. The deposit paid will be refundable unless used to settle any amount(s) payable by the Client in respect of the Quote or under these Terms.
If payment terms are not set out in the Quote for any reason, payment will be due 7 days after the invoice date, or on the date of the shoot (if later). JCHV will not consider payment to be received until it is represented by cleared funds. JCHV reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 (or any subsequent act). All fees incurred by JCHV in recovering payment will be chargeable to the Client.
If payment is overdue by more than 7 days, the Client will be deemed to be in breach of its obligations set out in this agreement. In such an event, JCHV reserves the right (without prejudice to any other right or remedy available to it) to stop or postpone delivery or performance under the Project and JCHV will not be liable for any loss the Client may suffer as a result of application of this clause. JCHV shall have a general lien or right of retention on material (whether physical or electronic) supplied to JCHV by the Client until payment has been made in full.
Contract and Law
This contract is between the JCHV and the Client and no other party shall have rights under it. The contract is not transferable and shall be governed by English Law.