TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM INDUSTREEL
Last revised – 22:46 pm, Tuesday 23th July, 2024
Definitions & General Terms
In these Terms and Conditions, the words ‘Industreel’, ‘Industreel Video’, ‘we’, ‘us’, ‘our’, and ‘ours’ refer to Luke Sutton. 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 Luke Sutton, including all moving and still images and sound recordings of whatever form.
Pre-production 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.
We normally plan a shot list during an online meeting with the Client, but a specific storyboard can be requested and agreed upon before the shoot commences. Storyboards required for a shoot involve additional work and planning and will be billed additionally at Industreel’s daily rate of £450.
No liability will be accepted by Luke Sutton for any delays or failure to deliver the agreed product caused by any element which is the Client’s responsibility.
Where copyrighted material is provided by the Client for incorporation into a Luke Sutton product, permission must be obtained from the original copyright owner/material provider. The Client undertakes to indemnify Luke Sutton against any future 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.
Production and Post-production
All work undertaken will be as per Luke Sutton’s written quotation based upon the agreed production brief. It is the Client’s responsibility to ensure this is thoroughly read and understood prior to booking. Any amendments or additional filming days will be charged at our current daily rates.
Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are organised by the Client, it is the Client’s responsibility to ensure our production crew and supporting personnel have clear access to all required locations throughout the day. Delays in production due to inadequate access or facilities may incur additional charges.
Luke Sutton prioritises Health & Safety and reserves the right to remove any personnel and/or equipment from a location if it is deemed unsafe or if our crew are subjected to abusive or aggressive behaviour. In such cases, the Client will be fully liable for any resulting costs. Luke Sutton will adhere to site safety rules and liaise with the appropriate Responsible Person(s) named in the production brief.
Upon confirmation of the shoot date, a detailed plan and initial payment invoice will be emailed to the Client.
On the shoot day, aerial shots and interviews (if required) will be filmed in the morning, followed by office and machinery shots in the afternoon.
Workplace and Expectations
It’s crucial to set realistic expectations when filming in a workplace setting. Unlike a studio, a workplace presents unique challenges such as less-than-ideal lighting and a dynamic environment. Additionally, the people being filmed are employees, not actors, which can impact the footage.
When filming machinery through perspex panels, it’s crucial to keep panels open to avoid reflections, dirt, and distortion in the footage. This ensures clear and high-quality recordings without compromising safety or equipment.
I will endeavour to capture the best possible footage given these constraints. However, achieving optimal results will also depend on your cooperation and understanding of these limitations.
Insurance
Luke Sutton carries public liability insurance cover of one million pounds. A copy of our insurance certificate can be provided upon request. Extended or specific project insurance cover can be provided upon request, provided this is agreed at the time of booking and included in the production brief.
Adverse Weather Conditions
In the event of inclement weather that poses a risk to the health & safety of our personnel or equipment, or has the potential to prevent successful video or audio capture, we reserve the right to reschedule filming to a more suitable date or time.
Client Delays
If filming is delayed or aborted due to the Client’s failure to adhere to agreed dates, times, access, facilities, or any other matter specified in the production brief, we reserve the right to reschedule affected days of filming and to charge for any additional costs incurred. No refund or credit will be given for costs associated with delayed or aborted original filming day(s).
If no progress has been made on the video production (whether planning or effective shoot, filming, and editing) within the first 4 weeks, Industreel will re-quote if necessary.
If no progress has been made on the video production within 3 months of the quote date, Industreel will cancel the project; the initial payment is non-refundable.
Changes to the Filming Schedule
In the event the Client wishes to change or cancel the filming date, a minimum of 4 weeks’ notice is required. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.
Equipment Substitution
In the event of equipment failure or technical difficulties, Luke Sutton will make every effort to find suitable replacement equipment and/or personnel to avoid delays or adverse impacts on project quality or delivery. Equipment used on filming day will be at the discretion of the senior film crew member, with no further claims or liability accepted.
Approval/Amendments of Draft Footage
Under normal circumstances, two revisions are available for Client review and comment. These revisions are included within the agreed project cost provided they align with the original brief. Subsequent revisions or significant re-edits will be charged at £450 per day or part thereof.
Project Duration and Delivery
Any indication of a project’s duration by Luke Sutton is an estimation. Luke Sutton will make every effort to complete projects within 2 weeks, contingent upon clear communication, prompt payment, and regular client feedback. Our liability is limited to the agreed total project cost, less any costs incurred for work done within the production brief. Luke Sutton is not responsible for any loss, damage, or costs resulting from late, erroneous, or non-delivery of the product.
Copyright
Luke Sutton asserts full copyright ownership of all material captured, processed, and/or produced, unless agreed otherwise. Copyright of all produced material is solely owned by Luke Sutton and protected under UK law. Copyright terms can be negotiated with a revised quote, as this may affect our ability to display footage in our portfolio, etc.
Usage Licence – Rights to Use Project Content
When the Client provides material for inclusion in any project (e.g., logos, images, trademarks, footage, audio), permission must be obtained in advance from the original copyright holder. By accepting these terms, the Client indemnifies Luke Sutton against any possible claims, disputes, or expenses arising from breaching copyright laws or terms.
We retain all rights to use footage from client-commissioned projects for our showreels and promotional purposes. A perpetual usage licence is granted to the Client for the video material in its delivered form. Permission to re-edit, copy, or alter content is not granted unless expressly agreed in writing.
Payment
Payment terms are strictly 15 days from the invoice date. The payment structure is as follows:
- 30% upfront at booking,
- 40% on the shoot day,
- 30% upon delivery of the final footage.
If no progress has been made on the video production within 4 weeks, Industreel may re-quote if necessary.
If no progress has been made within 3 months of the quote date, Industreel will cancel the project; the initial payment is non-refundable.
Luke Sutton reserves the right to charge interest and late fees on overdue invoices as per the Late Payment of Commercial Debts (Interest) Act, 1998.
The Client is responsible for all collection or legal fees due to late or default in payment. Luke Sutton may withhold delivery or usage licence for current work if accounts are not current or overdue.
Acceptance of these Terms and Conditions is implied upon confirmation of an order or instruction to proceed by any means. These Terms and Conditions constitute an agreement between the Client and Luke Sutton under UK law.