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Video Production Leicester
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Terms and Conditions - Kinetal Media
In these Terms the following words have the following meanings: "The Client" means the person, firm, company or organisation who instructs Kinetal Media to produce the Video. "The Contract" means the terms and conditions set out in this document and promotional materials. "Client Material" means material provided by the Client for Kinetal Media to use in the production of the Video. "The Video" means the product agreed in the Contract to be delivered to the Client by Kinetal Media
2. Compensation and Term
In return for the payment agreed overleaf the contractor will perform the services detailed thereunder - that is, the recording, using digital video equipment, of an event as described in the booking form. In so doing, Kinetal Media will endeavour to produce work that satisfies the Client's brief as fully as possible. However, the Client also acknowledges that by engaging the services of Kinetal Media they are engaging artists to visually (or otherwise) interpret the supplied brief.
In accordance with the supplied promotional material and discussions held, Kinetal Media hereby agrees, subject to the terms hereof, to perform all the following pre-production, production and post production services necessary to complete and deliver the Video:
3.1 Pre-production services
consultation and discussion of brief with Client including agreement of suitable time and date for recording to take place
pre-production planning including, where possible, appraisal of venue
3.2 Production services
supply, provision and application of technical knowledge and expertise necessary to produce the Video
preparation and production of artwork, unless otherwise agreed to be supplied by Client
the supply, provision and application of all above and below the line pre-production and production materials, services, equipment, and all other elements and personnel necessary to produce the Video, including, without limitation, all necessary audio visual equipment and production personnel
the preparation and production of background music, unless otherwise agreed to be supplied by Client
the engagement of crew, studio and other necessary facilities and services required for the production of the Video
3.3 Post-production services
post-production including capturing, editing and graphics
delivery of the Video to Client within approximately 28 days from final day of production shoot, unless otherwise specified in writing or e-mail, or delayed by amendments, or late supply of Client Materials or other circumstances beyond the control of Kinetal
4. Payment of fees
The Client shall be solely responsible for the payment of the Video as set out in the Booking
Subject to the terms and conditions of this Contract as full and final compensation for the Services, the Client shall pay to Kinetal Media an amount equal to the cost of the daily rate plus editing, expenses and VAT unless alternative terms have been agreed in
The Client shall consent to a minimum sales agreement as set out on the Booking
Booking is only confirmed on receipt of a non-refundable 25% booking
Payment should be sent to Kinetal Media before post-production services may begin, and no later than 7 days from the final day of production
In some cases, Kinetal Media will issue an invoice for payment. In order for Kinetal Media to remain in business, payments must be made promptly. If payment is not received within 30 days of the invoice date, Kinetal Media will automatically charge interest at a rate of 5% per month, which will be added to the customer's
Kinetal Media reserves the right to withhold the final production and/or items produced until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that
All payments will be made in UK funds.
5. Cancellation Policy
If the Client, or the Client's venue, is involved in cancelling our services, a cancellation charge inclusive of the booking fee and any expenses incurred (such as hotel / travel expenses) will be invoiced to the Client by Kinetal Media. If Kinetal Media is directly responsible for cancelling the filming of the event, a full refund will be given.
6. Completion Time
Kinetal Media and the Client must work together to complete the recording project in a timely manner. Kinetal Media agree to work expeditiously to complete the Video within the detailed time period. However, Kinetal Media will not be held responsible for delays resulting from the Client's failure to supply material and/or payment within a reasonable time period or difficulties presented as a result of the Client or Client's venue being insufficiently prepared for Kinetal Media to supply its service. Kinetal Media will not commence work on any project until a signed Booking Form or equivalent signed document has been provided by the Client. Any contract requiring Kinetal Media to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the Client will make themselves reasonably available to communicate with Kinetal Media, its servants or agents, as necessary.
After delivery of the completed Video work, the Client shall be wholly responsible for any and all errors or mistakes that appear in the final product, providing the final product is a true recording of the stage production. The Client also understands that differences in video and other A/V technologies makes it impossible in some cases to produce a product that works across all playback equipment. It is the responsibility of the Client to satisfy themselves that they understand and accept the equipment and formats used by Kinetal Media for recording, and to satisfy themselves that the work to be produced is of sufficient quality and in a suitable format for their uses. Kinetal Media will offer all possible assistance and advice to the Client to ensure that this is possible. The Client acknowledge that Kinetal Media is in no way responsible nor liable for any damages or errors that may be caused through playback of the supplied product. In addition, although Kinetal Media will work expeditiously to minimise disruption to the event, it can in no way be held responsible for any complaints or such disruption that may result from their presence at the event. Kinetal Media will also not be held responsible for any lawsuits or claims arising as a result of the recording or exhibition of the Video in any form. Kinetal Media shall be under no liability if unable to carry out any provision of the Contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may, by written notice to Kinetal Media, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
8. Warranties by Kinetal Media
Kinetal Media represents and warrants to the Client that it has the experience and ability to perform the services required by this agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this agreement; and that its performance shall not infringe upon or violate the rights of any third party or violate any national or local laws. However, the Client will not determine or exercise control as to general procedures or formats necessary to have these services meet the Client's satisfaction. Any claims must be made in writing to Kinetal Media within 14 days of receipt of goods. If no claim is made within this period, the Client is deemed to have accepted the goods at the agreed price. The contracts for all materials, goods or services provided by Kinetal Media are made under the laws of England and Wales and any dispute shall be resolved through the courts of England and Wales and no other country or territory.
Kinetal Media has public liability insurance to a total of £5,000,000. The Client shall take responsibility in ensuring that this meets the requirements of the venue.
10. Independent Contractor
Kinetal Media acknowledges that the services rendered under this agreement shall be solely as an independent contractor. Kinetal Media shall not enter into any unauthorised contract or commitment on behalf of the Client. Kinetal Media further acknowledges that it is not considered an affiliate of subsidiary of the Client, and is not entitled to any of the Client's employment rights or benefits.
11. Confidentiality and Non-Disclosure
Kinetal Media recognises and acknowledges that this agreement creates a confidential relationship between Kinetal Media and the Client and that information concerning both the Client's, and Kinetal Media's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. By signing the Contract, the Client hereby agrees to uphold this confidentiality.
12. Assignment of Project
Kinetal Media reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
13. Requirements and Specifications
Local Permits and Passes: The Client is responsible for obtaining and payment of relevant local permits and permissions to film any part of the production listed as a required part of their final product. Failure to obtain such permission and therefore not film such items shall not give right to the cancellation or non-acceptance of final product by the Client.
Release Forms / Advice Notice: It is the responsibility of the Client to inform guests and workers present on the property to be included in the production of the filming and to obtain the relevant release forms duly signed by guests or staff where necessary by distribution of notice of
14. Copyrights and Trademarks
The Client represents to Kinetal Media and unconditionally guarantees that any elements of text, performance, music, sound, light, costume, set, or other Audio/Visual material furnished or presented to Kinetal Media for inclusion in filming or editing are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Kinetal Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
15. Copyright of completed work
Copyright to the finished assembled work produced by Kinetal Media is passed to the Client, unless other arrangements are detailed overleaf. Upon final payment of this contract, the Client is assigned rights to use material produced in any appropriate manner. Kinetal Media surrenders copyright of the finished work to the Client. Kinetal Media and its subcontractors retain the right to display video, film, and other Audio/Video elements as examples of their work in their respective portfolios.
If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
17. Sole Agreement
The agreement contained in this "Standard Conditions of Contract" constitutes the sole agreement between Kinetal Media and the Client regarding this particular video recording project.
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