Terms And Conditions - Edinburgh Video Production
Session2 Video Production
Video Production – Terms and conditions
1) Copyright (Session2 material)
The Copyright of all material that has been captured by Session2 is solely owned by Session2 and protected under UK Law.
Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client this will be clearly specified in your written quotation. Raw footage captured by Session2 will not be provided to the client unless agreed in the initial quote.
In both circumstances, Session2 reserves the right to use the footage /material/media, either in sections or in its entirety, for promotional purposes.
2) Copyright (material provided by client)
In the event of the Client providing material (video, audio, photographs, logos, etc) for inclusion into a Session2 production, the copyright must firstly be obtained from the original copyright owner/material provider. In order for Session2 to use this material, the copyright must be explicitly transferred to Session2. Or the material to be provided to Session2 totally free of charge and the client will have to indemnify Session2 against any future possible claims, disputes, and expenses or similar that may arise for a third party concerning usage of such material. Session2 will reserve the right to use the final production in full or part content for promotional purposes.
3) Performers Release usage
At all times Session2 advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Session2 if the production must be re-edited due to a performer refusing permission to show their image or use their audio in whatever form.
4) Payment terms
Our payment terms are 30 days from date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the client accepts this term. Session2 reserve the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme. Returned cheques will incur an additional fee of £50 per returned cheque. Session2 reserves the right to consider an account to be in default in the event of a returned cheque. We understand and 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. Interest is charged daily at 8% over the Bank of England base rate along with EU late payment charges. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Session2 reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned 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 Changes. If The Client fails to communicate with Session2 for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Session2’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
5) Approval/amendments of draft footage (1 set of minor amendments)
On the majority of projects, a ‘draft ‘version of the production will be forwarded to the Client for their review. This draft may receive one set of revisions only, which is included in the originally agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional daily rate per part-day or part thereof.
6) Health and Safety
In all instances, Session2 will reserve the right to remove any of its personnel and/or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance, the Client will be liable for any costs incurred as a result of this. Session2 will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
7) Bad weather
In the event of inclement weather, Session2 reserves the right to change the date of filming to a more suitable day. Session2 will not allow the safety of the equipment or personnel to be compromised.
8) Aborting filming (on shoot day) or re shooting due to clients lack of organisation.
In the event of filming being delayed or aborted due to a lack of organisation from the Client, Session2 reserves the right to charge the relevant days filming and associated costs. A re-visit to the site to carry out further works may incur an additional cost.
9) Changing filming dates.
In the event of the Client wishing to change the filming date, we insist on a minimum of 4 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
10) Equipment substitution / failure.
In the unlikely event that Session2 experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the senior member of the film crew. No further claims or liability will be accepted.
11) Works specified (as per estimate)
All works undertaken will be as per Session2 written quotation/rates by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.
12) Clear access for filming
If filming venues are being organised by the Client, it is the Clients responsibility to ensure that Session2 has clear access and permission to all relevant locations required throughout the day. Delays in filming may incur additional charges. Session2 cannot be held responsible for missed footage due to failed filming permissions and access.
13) Project Duration
Any indication given by Session2 of a design project’s duration is to be considered by the customer to be an estimation. Session2 will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. However, Session2 cannot be held responsible for any project over-running, whatever the cause. All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order. All Terms and Conditions stated within this document override any Terms and Conditions from the Client.