TERMS & CONDITIONS
LICENSE
The Client shall agree to not edit or alter the delivered footage in any way (including filters) before sharing to any website, or social media account; as it may be of detriment to the Production Company (Mary W-Thomas Photo + Film) by misrepresenting their work.
The Production Company reserves the right to use the project for promotional purposes which include (but are not limited to) social media, personal websites, online portfolios such as Youtube & Vimeo, and public exhibition at film festivals or other events.
FEES & CANCELLATION.
All Fees must be paid in full before work can begin.
Once the payment has cleared, the funds will be used in accordance with terms laid out in the Invoice document to complete the work agreed upon. If the Client cancels or changes the engagement once agreed upon including cancelling the shoot, or withdrawing from the production once the agreed pre production has begun, then a refund of the Deposit will not be made.
If the Production Company is unable to complete the project due to unforeseen circumstances then either a full, or partial refund will be made. The reimbursement is on a discretionary basis and the production Company’s judgement is deemed fair by the Client. Unforeseen Circumstances include but are not limited to; illness, government restriction, natural disaster, equipment malfunction, computer malfunction, loss of actors or crew, loss of locations or cancellations outside of the Production Company’s control.
PROJECT FILES
Footage selected for delivery will be at the Production Company's discretion and based on prior knowledge and expertise; this will not include all footage shot during production and raw, un-edited footage will not be made available to The Client. The only files delivered will be the ones agreed upon in the Invoice Document. Once the final project is delivered the engagement is complete. Any further re-shoots, or edits required by the client once the project has been delivered will be charged at an additional rate, to be arranged with the Production Company and invoiced separately.
PRODUCTION
The Client shall assist and cooperate with the Production Company in obtaining the desired footage, including but not limited to specifying persons and/or scenes to be filmed, style of the finished film, specifying the deadline and format the final project is to be delivered in, songs of their choosing if applicable and sending all media materials the Production Company needs to complete the project.
CREATIVE CONTROL.
By hiring the Production Company you are placing trust in their skill and judgement based on their previous work and expertise, and grant them creative control over your project.
ACCIDENT & DAMAGE
Although every care will be taken to ensure a safe environment, the Production Company cannot be held responsible for any personal injury/accident or damage during the shoot.
LIABILTY & REFUND
The Production Company shall not be held liable for technical failures outside of their control, this includes : Card Storage or External Hard Drive failure, Battery failure, Camera failure, Computer failure or corruption of files due to circumstances outside of their control. The client’s payment covers labour and the hours spent on the production of the agreed video. Pricing is worked out on 'time spent' to complete the Project and not on the outcome of the Video. Every effort is taken by the Production Company to provide the client with the agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective, and is therefore not open for interpretation by the client as grounds for refunds or compensation, for which the Production Company is not liable.
The Client will agree that, having provided, or been given opportunity to provide creative input to the Project prior to Production any Client dissatisfaction with the Final Product on creative or artistic grounds does not constitute failure on the part of the Production Company to fulfil its obligations under this Contract, nor does it offer the Client grounds on which to refuse to pay the full Remuneration to the Production Company.
The Client affirms that all assets delivered to the Production Company for inclusion in the project are solely their copyright and the Indemnitor will defend, hold harmless, and indemnify Indemnitee and related parties from and against any third-party claims and liabilities, including, without limitation, reasonable attorney fees and costs, regardless of the form of action or claim that arises out of or is in connection to the copyrighted work. Indemnitor further agrees to defend against claims of misappropriation, infringement, and invalid licensing of the copyrighted work provided that Indemnitor received prompt notice of the action in writing and in English.
