TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM RED YETI FILMS
1. Definitions & General Terms
In these Terms and Conditions the words ‘Red Yeti Films’ ‘Red Yeti’ ‘RYF’ ‘we’ ‘us’ ‘my’ ‘our’ and ‘ours’ refer to Red Yeti Films, a UK registered sole trader. The words ‘client’ ‘customer’ ‘you’ & ‘your’ refers to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. The term ‘video’ refers to the product and service with which we will supply you. The term “footage” refers to the media content captured by our cameras and audio equipment during the production of your project. The term “pre-production” refers to the planning and organisation process that takes place before the production stage. The term “production” refers to the gathering of, or intention to gather, media content (including footage) for use in your project. The term “post-production” refers to the process of importing, editing and encoding the media content for your project, combining this with any additional material including graphical and musical elements.
These Terms and Conditions apply to all video and associated audio product created by Red Yeti Films, including all moving and still images and sound recordings of whatever form.
2. Pre-production requirements
Red Yeti Films will produce a tailored package and quote for the production of the clients project, which is sent to the client via email (or by post upon request). By choosing to accept and move forward with the package provided, RYF understands that has read and agreed to these terms and conditions. Any plans and packages are valid for thirty days from the date of submission.
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 production.
No liability will be accepted by RYF for any delays or failure to deliver the agreed product if caused by an element which is the Clients responsibility. Where copyright material is provided by the client for incorporation into a Red Yeti Films product, permission must be obtained from the original copyright owner/material provider. The client undertakes to indemnify RYF 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 Red Yeti Films 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 booking. Any amendments or additional days filming will be charged at our current daily rates (ask for further information). Unless otherwise agreed, the Customer accepts Red Yeti Films decisions on creativity within the product(s) and/or service(s).
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 our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
Red Yeti Films retains the right to charge any extra or unforeseen out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost. The plan and package RYF provide to the client is only valid based on the information given to us being true. Any changes in circumstances or requirements may result in an amended plan and package.
Red Yeti Films takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and/or equipment from a location if we deem it to be unsafe or if our crew 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. Red Yeti Films will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
4. Deposit payments for video production services
To secure the provision of our services, a non-refundable (except in those circumstances set out under section 5.Our right to cancel) deposit payment of 50% of the total amount we charge for your project must be paid by the client to Red Yeti Films, before production commences.
The client will be sent an invoice for the deposit amount as an email attachment (or by post upon written request). This invoice will be sent upon the client's acceptance of these terms and conditions (as set out under section 2.Pre-Production Requirements). Payment must be cleared before the project start date in order for production to commence.
On completion of filming production and prior to the start of post-production, a further deposit payment of 25% of the total amount we charge for your project must be paid by the client to Red Yeti Films, before any editing will commence.
Upon client review of the final draft and prior to distribution of the agreed product(s) and/or service(s) that Red Yeti Films produces for its client, the remaining 25% of the total amount we charge for your project must be paid by the client to Red Yeti Films. RYF maintains the right to withhold sending the client any finished work until full payment has been received from the client (this includes cheques).
5. Our right to cancel
Red Yeti Films reserves all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded. Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events or upon any discovery of unsafe filming environments relating to the project, or production circumstances that pose a significant risk to our health or wellbeing, we reserve the right to cancel the production session and you will be liable to a charge (as detailed under section 3.Production and post-production).
6. Your right to cancel
You reserve all rights to terminate the provision of our services at any time. In the event of any cancellation on your behalf, all deposit payments are non-refundable. Cancellations during the production stage of your project will result in you being liable for 75% of the total project charge. Cancellations during the post-production stage of your project will result in you being liable for 100% of the total project charge. If Red Yeti Films is due to attend a production session or is travelling to a production session which is then cancelled, delayed or disrupted due to the client, the RYF reserves the right to levy a daily (or part thereof) charge of £250.00 to cover the cost of time and expenses.
Red Yeti Films carries public liability insurance cover of one million pounds (if more is required please contact). A copy of our insurance certificate can be provided on receipt of a request to our offices. Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.
8. Adverse weather conditions
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
9. ‘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 in the production brief, we reserve 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).
10. Changes to the filming schedule
In the event of the Client wishing to change or cancel the filming date, we require a minimum of 3 weeks’ notice unless under exceptional circumstances. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.
11. Equipment substitution
In the event that Red Yeti Films experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel 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 the senior member of the film crew, and no further claims or liability will be accepted.
12. Approval/amendments of draft footage
Under normal circumstances, one ‘first cut’ edit will be available to the Client for review and comment. Two sets of revisions (ie. two feedback sessions on client review of draft video(s)) will be incorporated within the agreed project cost provided that any revisions or amendments fall within the originally agreed brief. Subsequent revisions or significant re-edits will be charged at a rate of £180 per day or part thereof.
13. Project duration and delivery
Any indication given by Red Yeti Films of a project’s duration is to be considered by the customer to be an estimation. Red Yeti Films will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases, our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. Red Yeti Films will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
Red Yeti Films asserts its full rights as the copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Red Yeti Films and is protected under UK law.
15. Handling & Storage of client’s project footage and files
Red Yeti Films will take all reasonable steps and precautions to protect the footage files gathered during production. RYF cannot be held liable if footage files are lost, damaged or stolen whilst in our possession. This includes, but is not limited to, theft under all offences listed in the Theft Act 1968. Other causes of loss of footage may include, but are not limited to, natural/human disasters/events, human error and computer system malfunction or failure.
In circumstances where footage and/or files cannot be recovered, RYF will decide whether to reproduce the content at no additional cost to the client, or terminate the project with a refund of the client’s deposit (dependent on project completion). Red Yeti Films cannot be held liable for any client costs incurred as a result of the original project.
Whilst every care is taken in the handling of the client’s property, Red Yeti Films accepts no responsibility for any loss or damage, however caused, or any other loss by unforeseen circumstances whilst they are in the custody of RYF. Liability for such loss or damage will be limited to the replacement cost of the materials or media only.
After a project’s completion, whereby the client is in possession of the final project files, it is at our discretion as to whether its related footage and files are stored on our systems. We cannot be held liable if footage files are lost, damaged or stolen after the project is complete. The client may contact us after the project is complete to request any content previously received from RYF, however, this will only be possible if the original files and footage still reside within our care.
16. Usage licence – rights to the use of project content
Where the Client provides material to us 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 Red Yeti Films 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.
We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition:
Red Yeti Films retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
Red Yeti Films assigns to the Client a licence to use the video production in its complete delivered form only. We do 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 us from the Client have been received as cleared funds in our 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.
We retain the right to use any of our 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.
17. Your personal details and Data Protection
In order to commence a project, Red Yeti Films may require client specific or other personal details. These details will be held in accordance with the Data Protection Act 1998. Red Yeti Films will never sell or pass on any client details to a third party under any circumstances without the client's consent. These details are for our own records only. Unless otherwise agreed, Red Yeti Films will treat any information gained during the supply of the product(s) or service(s) as being private and confidential.
In the event that the client would like to file a complaint about a product or service provided by Red Yeti Films, they should contact RYF directly via email in order for the issue to be addressed correctly.
Our payment terms are strictly 30 days from the date of invoice and in the event of an order being confirmed the Client accepts these terms. We reserve 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. Red Yeti Films are entitled by statutory legislation to levy an additional charge of 8% over the Bank of England base rate of interest for the period that the invoice remains unpaid. This policy will be enforced with immediate effect once the 30 days from the date of the invoice has expired.
When sending payment by cheque, you must allow for reasonable time for the cheque to be delivered to our offices and paid into our bank account before the credit term expires. You will remain liable for late payment charges if the payment is not registered as cleared funds before the credit term expires.
RYT will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are 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. Red Yeti Films 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 our 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 Red Yeti Films under UK law.