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Terms & Conditions

Hiring us to create your video/photography project constitutes an agreement between yourself  (“Client”), and Fish & Crown Creative, Inc. (“Producer”).

TYPE OF SERVICE

 

Producer is hired either as:

 

  • a Filming Service only, where the end product is defined as the raw footage and audio

  • a full Production Company Service (planning, shooting and editing) where the end product is defined as a finished film or films or finalized photographs.

 

The type of service will be defined before the job begins.

 

TIMELINE

 

To be agreed upon by both parties in writing prior to production, with a defined number of shoot days and an editing/post production period. This also includes a strict protocol for rounds of revisions in post production. Requests beyond this scope will be billed hourly at a rate of $150/hr.

DELIVERABLES

 

To be agreed upon by both parties in writing prior to production.

 

BUDGET ESTIMATE AND SERVICES INCLUDED

 

A budget estimate will be provided before a job begins, along with a list of what is included.

 

BUDGET ESTIMATE DISCLAIMER

 

  • Budget estimates for work are based on the information that Client supplies to the Producer at the time of the Production Agreement being signed and dated. If this information is incorrect, changes or is added to, resulting in the scope and cost of the project increasing, for example (but not limited to) additional travel, locations, prep days, crew, equipment, shoot days, overnight stays, edit time, amends time, additional versions, aerial filming, raw footage requests – Client understands that the budget for the project may need to be increased. Producer will always notify Client in writing if this is the case.

  • The planning, shoot time and edit period is based on the deliverables request Producer receives from the Client. If the Client changes their request once work has begun and asks for less planning, filming time or editing time / deliverables, Client understands this does not necessarily mean the agreed budget can or will be reduced if crew or time has been booked and work has already begun. 

  • If factors outside of Producer’s control such as the weather cut the shoot short, Client understands that this does not necessarily mean the agreed budget can or will be reduced if crew or time has been booked and work has already begun. Producer always works to amend such alterations in hopes of satisfactorily resolving the problem. 

DEPOSITS

 

  • For first-time or international clients, between 35% and 50% of the budget will normally be billed in advance as a deposit, and will need to be received by the Producer in order for dates and crew to be fully locked in and for the job to go ahead. If so, an invoice for this deposit will be issued to the Client once the Producer has received a signed copy of this document. The remainder will be billed once the agreed work is completed.

  • For regular clients and / or smaller jobs, Producer will not normally require a deposit, and 100% of the budget will normally be billed upon completion, though for larger budgets a deposit may be asked for.

  • Even if it is not required, Client may still voluntarily pay a deposit in advance for any job if they wish to spend more of their budget early, for example before a change in financial year. In these cases the Producer will submit a deposit invoice, receive payment, will hold the booked dates for the Client and will prepare for the job.

  • Payment for a deposit invoice is due immediately upon receipt. There are no late payment penalties for this, but without it a job can not begin.

  • All deposits are non-refundable, as the Producer may have already turned down other work to hold dates for Client. 

PAYMENT TERMS

 

  • Payment for a standard invoice (billing for work already carried out) is required within 30 days of submission, unless otherwise agreed upon before work begins.

  • Client understands that the Producer is making an agreement (for work and payment by a certain deadline) with them only, not with any third party. It is not related to or dependent on any other factor, such as firstly waiting to receive payment from a third party. By entering this agreement, Client believes they can pay the estimated budget within 30 days of receiving the Producer's invoice.

  • If additional work is requested after this initial work is agreed upon, additional invoices would be submitted for any further requested changes.

  • For first-time or international clients where materials are to be delivered via online upload, the remainder of the budget may need to be paid before Producer releases the final materials.

  • All payments are to be made in Dollars (USD). 

LATE PAYMENTS 

 

  • While Producer will attempt to remind Client about any overdue invoices, in cases of ongoing late payment for a standard invoice Client understands Producer may charge interest at the rate of 8% above bank base rate for late payment of invoices until paid, compounded monthly.

  • If Producer is still waiting on an overdue invoice from Client and is asked to start a new separate job by the same Client, Producer will state that the outstanding invoice must be paid before any further work can begin. 

EQUIPMENT, CREW AND SHOOT 

 

  • Unless a specific arrangement has been made otherwise in writing, the Producer will use its own judgment to select equipment and crew to complete the shoot based on what kind of end product the Client has asked for.

  • Producer’s equipment is insured for worldwide use, and Producer has public liability insurance. 

  • Producer may use trusted subcontractors and their equipment to complete parts of the work if deemed necessary. If subcontractors are using their own equipment, this will also be insured. If NDAs are required in order to carry out work, subcontractors will also be asked to sign these before being used for a job.

  • Producer will not be held responsible for any location, logistics or shoot problems which may arise as a result of important information not being communicated by the Client during the planning stage.

  • In an audio-recording scenario (e.g. an interview) if the Client’s chosen location is inadequate for a fully successful recording due to excessive noise, Producer will attempt to suggest filming elsewhere, but if the Client insists filming must take place in said location then Producer will not be held responsible for any recording problems and / or a required increase in budget such as additional filming or editing time being required as a result of this.

  • In a live event situation, Producer will endeavor to supply the appropriate equipment to successfully capture the event based on the Client’s brief. If the brief is incorrect or the location’s available technology proves inadequate for a fully successful recording, Producer cannot be held responsible for any recording problems and / or a required increase in budget to correct them where possible in post-production – this might include (but is not limited to) the capturing of live slides via an external recorder, and the successful recording of clean audio via an existing sound system or a dedicated microphone.

 

SOCIAL MEDIA / PUBLICITY

 

During the Client’s shoot, the Producer's crew may occasionally take still photos or video clips to advertise the range of services they offer and may use this material on Fish & Crown’s website and social media. If the Client would prefer this not to happen, they may request to ‘opt out’ of this by written agreement if it is made prior to the shoot, and the Producer will agree to honor this by not creating and sharing these elements. 

CANCELLATION

 

  • If Client cancels all or part of the shoot at any time, Client agrees that Producer will, as a minimum, charge for:

 

1. Any work already completed 

2. Any expenses already incurred 

3. Any expenses incurred as a result of cancellation 

 

  • Examples of the above include (but are not limited to): planning time, equipment prep time, booking / releasing subcontractors, cost of travel, cost of accommodation.

  • In addition to the above, a notification of cancellation less than 72 hours before a shoot day may result in Client being charged a ‘kill fee’ of up to 50% of the shoot’s day’s estimated budget, to offset the crew’s cost of keeping the day free and losing work elsewhere. 

  • In addition to the above, a notification of cancellation on the shoot day itself may result in Client being charged a ‘kill fee’ of 100% of the shoot day’s estimated budget, to offset the arranged crew’s cost of keeping the day free and losing work elsewhere. 

LIMIT OF LIABILITY

 

  • In the event of any of the Producer's crew suffering severe injury or illness before the shoot that prevents work on the shoot and / or edit days to be carried out, Producer will make every effort to secure replacement crew member(s) able and willing to replace them at the same or similar price. 

  • In the unlikely event that suitable replacement crew is not found and the shoot must be canceled or delayed as a result, Producer’s responsibility and liability is limited to the cost of that shoot day.

  • Producer takes the utmost care with respect to the technical factors resulting in the creation of a successful film, including competent capturing of video and audio elements on the shoot days and the careful transfer of data and rushes. However, in the unlikely event of Producer’s material being lost, stolen or destroyed for reasons within or beyond Producer’s control, the limit of liability shall not exceed the value of the services provided.

  • Although every possible care will be taken to produce an end product in line with the Client’s vision, the Producer cannot place an unconditional guarantee on this, as by its nature filmmaking is not an exact science and there are many factors that can influence an end product that are outside of the Producer's control. Producer charges for the work done and time spent, and not the opinion of the end result, which Client agrees to respect.

  • The performance of this production agreement by the Producer shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond control. 

MUSIC

 

If music is required, the Producer will arrange licensable music from their regular music libraries unless Client requests otherwise. At the client’s request, other types of music rights and usage may be used, and Producer will notify Client of any additional charges and will add this cost to their invoice.

 

CLIENT-SUPPLIED ELEMENTS

 

Clients may supply pre-filmed or created elements to the Producer to use in the edit (such as footage, images, graphics or audio). Client will hold Producer blameless from any copyright issues that may arise with the finished film as a result of supplying elements without the proper permissions having been gained.

 

STOCK FOOTAGE

 

Depending on the film’s topic, during the edit process the Producer may occasionally suggest adding some stock footage or elements (that would be too difficult or expensive to film) to help Client tell their story most effectively. Producer has access to some stock footage sites from which footage can be used at no extra cost. If specific footage is requested by the Client from other sites, the Producer can add watermarked clips into the edits for the Client to review without charge. If the Client wishes for these clips to be purchased and included, the Producer will notify the Client of any additional charges and will add this cost to their invoice. 

EDITING, REVIEW AND APPROVALS

 

  • Editing is done by the Producer's team with each cut sent to the Client to review.

  • Producer does not normally offer an editing service with the Client physically present but this can be arranged at an additional cost. 

  • Client understands they are hiring the Producer to make the best film based on the brief, and with that comes the trust and respect to carry this out.

  • Producer agrees to send each cut of the film to the Client for edit notes, and Client agrees to respond to each cut as soon as possible so as not to delay the edit process.

  • Delivery of each new version for client review will be via Vimeo link.

  • Client will have the sole and ultimate approval over all aspects of the finished film(s).

  • If the cut is approved before the total number of agreed versions has been reached and the job is declared complete, any extra versions will be forfeited. Therefore if future work or updates were required on the same project after the edit has been signed off and billed for, it should be assumed this would form the start of a new project / production agreement unless arranged otherwise in writing. 

MEETING DEADLINES

 

Producer will do their utmost to ensure the finished film(s) are ready by the agreed deadline, however the Producer can not be held responsible for any delays or deadlines missed as a result of the Client. Reasons for this might include, but are not limited to: a delay in delivering edit notes, or not providing materials which have been pre-arranged for Producer to use to create the edit such as pre-existing video, stills or voiceover elements to be included in the film(s). 

DELIVERY

 

  • Once approved, the Producer agrees to deliver to the Client the finished film(s) at HD technical specifications of 1920x1080p, 24fps, mp4 unless otherwise arranged prior to the shoot and edit in writing.

  • Final delivery of the approved version will be digital via an online method unless provision of a hard copy is agreed in writing beforehand, for which an additional charge may be incurred and billed to Client. 

 

RAW FOOTAGE / ‘RUSHES’

 

Unless the Producer is being hired solely to provide a Filming Service (see ‘Type of Service’ section), budgets agreed upon when working as a Production Company Service do not normally include delivery and licensing of the raw footage / ‘rushes’. This is due to: 

 

1. Raw footage is not defined as the end product

2. Most clients do not require all of a shoot’s raw footage, which can be an extremely large amount 

    of files requiring a great deal of digital space

3. Raw footage includes a great deal of material not suitable for a final edit. Therefore releasing it

    after a completed job risks any poorly-edited third-party vides being wrongly associated with

    Producer

4. Producer may lose out on future editing work, either with the Client or other potential clients as a

    result of point 3. 

Producer therefore always charges separately and proportionately for these assets, and if requested, a fee will be calculated based on the size of the project. 

 

  • In cases where raw footage is indeed purchased and supplied to the Client, Producer agrees to license their raw footage to the Client to use as if their own, though the Producer still owns the original material unless a special arrangement is made in writing otherwise.

  • If at the time of the project Client did not request raw footage but at a later date decides they would like to buy it as a separate transaction, they may request this and, if possible, Producer agrees to supply it, for an additional fee to be agreed in writing, provided that a suitable transfer method and any costs associated with said transfer method are covered by the Client.

  • After a period of 30 days from when the finished film is delivered, unless a special arrangement is agreed in writing, the Producer cannot guarantee raw footage will still be available, although this is rare and raw footage is normally retained indefinitely. 

PROJECT FILE

 

Producer does not normally offer or sell the project file for a project, unless a special arrangement has been made prior to work beginning.

OWNERSHIP AND USAGE

 

If providing a Production Company Service:

 

  • Upon receiving full payment and reimbursements for work carried out, Producer agrees that the Client owns the finished films(s). 

  • Client agrees that Producer still owns any original raw footage filmed, and may use it for any future publicity, work examples or promotional showreels (except any footage deemed by the Client to be confidential). Client agrees that Producer may also use the finished film on Producer’s website as a recent work example. 

  • If the entire topic of filming is deemed to be sensitive or confidential, the Client may request to ‘opt out’ of the above clause by written request if it is made prior to the shoot, and Producer will agree to honor this by not using specified material for promotional purposes.

  • If the agreed budget also covers delivery of the raw footage to Client, Producer agrees to license their raw footage from this project to the Client to use as if their own.

 

If providing a Filming Service:

 

  • Upon receiving full payment and reimbursements for work carried out, Producer agrees that the Client owns all material created including copyright.

  • Client agrees that Producer may still use the footage for any future publicity, work examples or promotional showreels, except any footage deemed by the Client to be confidential. 

  • If the entire topic of filming is deemed to be sensitive or confidential, the Client may request to ‘opt out’ of the above clause by written request if it is made prior to the shoot, and the Producer will agree to honor this by not using specified material for promotional purposes. 

ENTIRE AGREEMENT

 

This agreement contains the entire understanding (as of the date signed) between the Client and the Producer. It supersedes all prior agreements between the parties. The only way to change or add to this agreement is in writing, either via email or in a new production agreement to supersede this one.

 

GOVERNING LAW

 

This agreement shall be governed by the laws of the jurisdiction in which the video production company is located. Any disputes arising from this agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

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