It is agreed that the terms set out in our QUOTATION, INVOICES AND BOOKING FORM is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
On occasions and without notice it may be necessary for the crew originally specified to be substituted by another crew, (e.g. due to ill health).
XCLUSIVFILMS (hereafter known as XFs) will endeavour to create a visually pleasing colour balance but cannot guarantee exact colour matching. It is sometimes impossible 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 costs will be quoted and agreed before any such work will commence.
All rights in material, digital files, footage, film and sound recording or copies stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such footage, remain and are the copyright of XFs and protected by the Copyright Designs and Patents Act 1988. 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 XFs. All rights are expressly reserved. XFs hereby grants to the client a non-exclusive licence to use the material, footage or film for the uses described in USAGE on the BOOKING FORM. Any usage outside the terms of the licence including sub-licensing or distribution to third parties is strictly forbidden without theexpress written permission of XFs. The client’s right to use the material or footage arises only if the invoice relating to the grant of such a right is fully paid. The right of XFs to be identified as author of the [material/footage/film] has been asserted in accordance with the Copyright, Designs and Patents Act 1988.
The Client is liable to cover or compensate XFs for travel expenses occurred during the production of the video.
LIMITATION OF LIABILITY
Cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. If any equipment belonging to XFs is damaged during the video shoot due to negligence and/or carelessness by the client or the client’s party, they are required to pay the amount to replace the broken items.
LOSS OF DATA/IMAGE FILES
We cannot be held responsible for the loss of data or image files due to circumstances beyond our control.
Any complaints should be raised by the client with XFs, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the footage.
Payment terms will be set out in the relevant quotation and invoice issued by us to you. Where the quote exceeds £1000 we reserve the right to invoice for the filming component of the service immediately following its completion. Where payment terms are not set out in the relevant quotation:
a. Payment is due 14 days after the invoice date. We will not consider payment to be received until it is represented by cleared funds. Time for payment shall be of the essence. We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. Any fees incurred by us in recovering payment will be chargeable.
b. Immediate payment invoices are due on the invoice date. We will not consider payment to be received until it is represented by cleared funds. Time for payment shall be of the essence. We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. Any fees incurred by us in recovering payment will be chargeable.
c. Payment to be made in Pounds Sterling.
d. If payment is overdue you are in breach of your obligations set out in this agreement.
e. If you are in breach we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lieu or right of retention on materials supplied by you to us until payment has been made.
f. Payment is to be made in full without any discount deduction, set off or abatement.
g. We reserve the right to appropriate any payment made by you and apply it in total or owing to any cause beyond their control. partial satisfaction of any debt due from you to us.
h. If you are in breach we reserve the right to cancel any agreed discounts and a new invoice will be issued for the full amount.
XFs shall be granted complete artistic judgement including in relation to the footage taken and the locations used. XclusivFilms judgement regarding the locations/poses and extent of footage shot shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the shots requested.
FORCE MAJEURE OR ACT OF GOD
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
All video material produced by XFs on behalf of clients can be used for marketing purposes such as portfolios, web-sites, literature, exhibitions, social media and advertising. No use of the footage will be made by XFs for other commercial reasons except with the written permission of the client.
The client may cancel this contract at any time by giving written notice to XFs. Deposits are NON - refundable in any circumstances in which the CLIENT may wish to cancel a booking after deposit has been paid. The client is allowed to reschedule in the event of illness, location unavailability, inclement weather, or staff/cast unavailability. If there is an issue shooting, a reschedule date within 14 days of the original shoot date will be decided between both parties. If XclusivFilms has to cancel a shoot due to illness of staff/crew members or any other reason, deposit will be refunded or both parties are eligible to reschedule the shoot for a later date. In the case of a client should cancel or withdraw commissioning a production with XFs prior to the start date of the job after deposit has been paid. The client shall pay a sum equal to 50% of the contract value. The said sum shall be payable as compensation as an estimate of the loss suffered by XFs and also for any expenses already incurred, with any other third parties who have been booked. No cancelation fees will be payable if the shoot dates are re-booked. The client will, however, be charged for any expenses already incurred, and any other fees due to third parties who have been booked.
A day shoot is an eight hour period and a half day shoot is a four hour period. If the filming is delayed for reasons beyond our control an overtime rate of £200 + VAT per hour is payable. In addition to this overtime fee, the client will be charged for any additional expenses and any other third parties who have been booked.