TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO/PHOTO PRODUCTION FROM JOSEPH LEWISTON
1. Definitions & General Terms
In these Terms and Conditions the words ‘Joseph Lewiston’ ‘him’ ‘himself’ ‘he’ and ‘his’ refer to Joseph Lewiston. 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, photo and associated audio product created by Joseph Lewiston, including all moving and still images and sound recordings of whatever form.
2. Pre-production requirements
It is the Clients 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 or photo production.
No liability will be accepted by Joseph Lewiston for delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a Joseph Lewiston product, permission must be obtained from the original copyright owner / material provider.
The client undertakes to indemnify Joseph Lewiston against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
3. Production and post-production
All works undertaken will be as per Joseph Lewiston’s 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 agreement. Any amendments or additional days filming will be charged at a formal daily rate.
Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that Joseph Lewiston and any supporting personnel have clear access to all relevant locations required throughout the working period. Delays in production as a result of inadequate access or facilities may incur additional charges.
Joseph Lewiston reserves the right in all instances to remove himself any personnel and / or equipment from a location if deemed to be unsafe or if he or a crew member 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.
4. Adverse weather conditions
In the event of inclement weather which in Joseph Lewiston’s opinion would pose a risk to health & safety of personnel or equipment or has the potential to prevent successful video, photo or audio capture, he reserves the right to change the date or time of filming to a more suitable date or time.
5. ‘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, Joseph Lewiston reserves the right to re-schedule 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).
6. Changes to the filming schedule
In the event of the Client wishing to change or cancel the filming date Joseph Lewiston requires a minimum of 1 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.
7. Equipment substitution
In the event that Joseph Lewiston experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment 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 Joseph Lewiston, and no further claims or liability will be accepted.
8. Approval / amendments of draft footage
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed cost provided that any revisions or amendments fall within the original agreed briefing. Subsequent revisions or significant re-edits will be charged at a rate of £350 per day or part thereof.
9. Project duration and delivery
Any indication given by Joseph Lewiston of a project’s duration is to be considered by the customer to be an estimation. Joseph Lewiston will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client.
In all cases his liability will be limited to the agreed total cost of the project, less any costs incurred by Joseph Lewiston for any work already done on the project provided such work is within the agreed brief. Joseph Lewiston will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
Joseph Lewiston asserts his full rights as copyright owner of all material that has been captured, processed and/or produced by him, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Joseph Lewiston and is protected under UK law.
11. Usage licence – rights to the use of project content
Where the Client provides material to Joseph Lewiston 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 Joseph Lewiston 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.
Joseph Lewiston retains all rights to the usage of footage captured during the production of any client-commissioned project. As part of Joseph Lewiston’s video and photo production service, he will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition:
“Joseph Lewiston retains all copyright over any content he produces. A usage licence grants the Client permission to use the content in the state in which he provides it to the Client. Permission is not granted to re-edit, copy or alter the content in any way without express permission from Joseph Lewiston himself.”
Joseph Lewiston reserves the rights to use any footage and related files from any client-commissioned project in his showreels and for other promotional purposes.
Joseph Lewiston assigns to the Client a licence to use the video production in its complete delivered form only. Joseph Lewiston does 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 Joseph Lewiston from the Client have been received as cleared funds in his 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.
Joseph Lewiston retains the right to use any of his 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.
Joseph Lewiston’s payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.
Joseph Lewiston reserves 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.
Joseph Lewiston will exercise his statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if he is 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. Joseph Lewiston 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 Joseph Lewiston’s copyright 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 Joseph Lewiston under UK law.