- “I”, “our”, “we, “me”, “us, means “shaunlawson.video” or authorised representative.
- “you” is the company, person or persons making the booking and who are entering into the legal obligation.
- “Booking form”, “Proposal”, “Production Brief” and/or “Business Account Opening” is the form signed by you.
- “Price”, “Costs” and “Booking Fee” means the contract price payable to us for our services and the advance booking fee respectively,
- “Event” is what we are filming and producing video content of.
- “Online delivery” / “Digital delivery” is the transfer of digital files via the internet.
- “Client Materials” or “Assets” are items that you provide of us to include in your video content.
- “Budget” shall be the total cost of making the video content which includes all direct or indirect costs.
- “Live event” is events that are locked to a specific date and time i.e. weddings, conferences, etc.
- “Live Stream service” is a service where we webcast your event Live online.
- “Time-Lapse” is a technique in which the frequency at which film frames are captured (the frame rate) is much lower than the frequency used to view the sequence.
- “Venue” the place which you have booked us to provide our services at.
- “video edits”, “edits” video and audio files that are created into the Master.
- “Master File” or “Master” is the edited master of the video content.
- “Rushes” are the captured, unedited video files.
1.1 Bookings are accepted on these terms and conditions only. No condition may be added, omitted or altered unless we have agreed it in writing with you.
1.2 Any addition omission or alteration that we may agree does not affect any other term or condition.
1.3 When you book our services, and if available, signed a booking form, you will be deemed to have read and accepted these terms and conditions.
1.4 You specifically confirm to us that the information that you have provided in any communication and/or booking form is true and accurate in all respects.
Payment conditions – Non Live event
- 30 days net. My full invoice will be issued after first edit is delivered or delivery of Rushes whichever is sooner.
- If editing is delayed through no fault of us, we will invoice the full amount of the video production after 14 days of filming.
Payment conditions – Live event, inc Live Streaming
- To secure any date a non-refundable booking fee of £300 is required. This deducted in full of the price of the video production.
- All remaining monies are due no later than seven days prior to the event. These must be cleared at our bank.
2.1 If you cancel a booking for a Live event
- more than 250 days before the date of the event then the deposit will be forfeited, but no further sum is payable by you;
- within 249 to 101 days of the date of the event a sum amounting to 50 percent of the Price is payable by you;
- within 100 days or less of the date of the event a sum amounting to 90 percent of the Price is payable by you.
2.2 If you cancel a booking for drone videography
- Once your book my drone service, I will carry out the drone flights – legally required – pre-planning. If you cancel the drone booking once this pre-planning has taken place, the drone pre-planning charge will be payable.
2.3 Any cancellation must be notified to us in writing.
3. Restrictions on our liability to you.
Please note this section is important and should be carefully read by you since it limits your rights.
3.1 We will abide by the wishes of managers, owners, CEO and anyone else with authority at filming locations. This can cause artistic difficulties.
3.2 The video content will be produced in the same ‘manner and style’ as indicated in our online videos.
3.3 We will be granted artistic license in relation to shots taken. Our judgment shall be deemed correct.
3.4 Although we will use every reasonable effort to record significant parts of the Event, the decision as to what is comprised in the recordings in our absolute discretion. We can give no assurance that we will successfully record any particular aspect of the Event (even though you may have asked us to do so), and any failure by us to capture any particular aspect of the Event or failure does not give you any right to refuse to pay the Price or obtain a refund.
3.5 We confirm that we will comply with the provisions of the Data Protection Act 2018 GDPR as it relates to your personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the Event that all persons attending the Event have consented to being recorded.
3.6 All outdoor recording is subject to weather permitting. It may not be possible to record outdoors in heavy rain or snow due to possible damage.
3.7 Our Live stream service is a “best effort” service. It is subject to the internet connection at the venue. While we provide a 4g back up service, this is not ideal or a guarantee of a successful stream. We recommend a stable, sustained upload speed of at least 6mb from the venue.
3.8 Within a Live Stream you cannot use commercially recorded music. This copyrighted music will be detected as a breach of music copyright and the stream will be blocked instantly. We have no control over this.
3.9 We do not guarantee the uptime of third party streaming platforms, examples, but not limited to; ‘YouTube’, ‘Zoom’,’ Facebook’.
3.10 We highly recommend we use a wired connection from the venues WAN router. We require an IP address and internet access.
3.11 Our time-Lapse filming Live stream service is a “best effort” service. We work very hard to build a reliable service, but sometimes things happen that are out of our control.
3.12 Due to the many risks when leaving electrical equipment unattended, we can not give a 100% guarantee that the time-lapse service will work as agreed, even though we monitor (when available) the images remotely.
3.13 Our equipment is waterproof to IP66, but in extreme weather conditions recording of video images may not be possible.
3.14 Before the time-lapse filming commence, we will carry out a site survey. This is to confirm that there is a safe, secure place to fix our equipment to allow the successful filming of your project. If the installation of a new fixing – ie, steel post – is required, this will be an additional charge from our original quote. We will advise once the site survey has been completed.
3.15 If the installation of a new fixing is require at your costs, and you no longer want my services, the site survey fee will be still be payable.
4.1 Please note that it is your responsibility to obtain the consent from the owners any venue(s) where the Event is being held and all other persons involved in the Event. For weddings, such as any person conducting the ceremony, the choir organist and other musicians to record the Event before it takes place and to pay any fees charged by them. If you fail to do so, this may mean that we are unable to record the ceremony or the Event or release the content to you until that consent (which is required for copyright reasons) has been obtained.
5. Ownership of the Master files, Rushes and Copyright
5.1 The Master and Rushes will remain our property.
5.2 Copyright in the Master and Rushes is vested in us. All rights, for all the footage, is reserved to us.
5.3 We reserve the right to dispose of the Master and Rushes in our absolute discretion.
5.4 We do not accept liability in relation to any loss of and/or damage to the Master and Rushes.
5.5 We allow you to freely copy and distribute the video content as you so wish.
5.6 Rushes are kept for a period of three months.
5.7 Masters are kept for a period of three months.
6. Obligations of us
6.1 The Producer undertakes that it shall film in accordance with the project proposal, subject to the payment by the client.
6.2 If there is any failure or delay by the Client and/or by any person other than the Producer to provide any Client Materials in their entirety by the date agreed between the Client and the Producer for any step or stage of progress to be reached by the Producer shall be extended by the period of such failure or delay.
- The Producer will produce the Programme in accordance with the standards reasonably to be expected of a professional programme maker. It is agreed that the Producer shall be granted by the Client reasonable artistic licence regarding scenes, poses, locations etc. as applicable. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested by the Client.
6.3 We will back-up to secure your footage and project via offsite online back-up service and onsite hard drive storage. This will be deleted at our discretion.
7. Obligations of the Client
7.1 In consideration of the production of the Programme and of the rights granted under this Agreement the Client shall pay to the Producer the Budget in accordance with the Budget Payment Dates.
7.2 In the event of the Budget being exceeded the Client agrees to pay such additional costs provided that the Producer informs the Client in advance and provides upon request to the Client a statement of costs incurred to date and details of the additional costs.
8. Retention of Materials
8.1 The parties agree that the Producer shall be entitled to and shall keep the Rushes and Master video file(s) for a period of three (3) months from delivering the first video edit. Forthwith upon the expiry of the said three (3) month period I shall be entitled to destroy the said Rushes, Master video and other materials or to retain the same at its absolute discretion.
9. Artistic Issues
9.1 The Client and the Producer agree that the Producer will have reasonable artistic licence regarding scenes, poses, locations, video edits and other matters of a subjective or artistic nature in relation to the Programme.
10.1 The Producer and the Client shall not disclose to any third party any confidential business information or future plans of the other party at any time acquired during the existence of this Agreement and no reference is to be made to the terms of this Agreement by either party in any advertising publicity or promotional material without the prior written consent of the other party.
11. Quality Control & Force Majeure
11.1 In the unlikely event of any unresolved complaint, we and you, agree to abide by the decision an arbitration panel. This service is free of charge, will be fair minded, unbiased and just adjudication. In referring a complaint, we will agree to comply with their decision which will also be binding on you.
11.2 Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and reasonable for us to limit our liability. This is because if we were to accept additional liability we would need to insure against that liability or loss which will then increase our prices. You accept that you understand this and agree that it is reasonable to us to limit our liability in this way.
11.3 Although we make every reasonable effort to ensure that all the equipment we use for your Event is in sound working order, if a problem with the equipment should arise our liability to you is limited to making a refund of the sums that you have paid us in respect of the booking. In the event of a part of the Event being recorded we will in that case return a fair proportion of the Price.When you enter into this booking you accept that we cannot accept any liability whether it is a financial or any other kind of loss, which arises either as a direct result or as an indirect result or as a consequence of any failure by us of our obligations to you in this booking except for our obligation to return all or part of any sums that you have paid to us in accordance with these conditions.
11.4 We do not exclude our liability to you any death or personal injury or damage to property that may have been caused by our negligence or that of any our employees.
11.5 We will carry out services with all reasonable care and skill. You accept that any other warranty or legal obligation on our part or placed on us by any legislation or arising under common law is excluded in so far as it possible to do so.
11.7 We take every precaution possible to ensure you Event is produced without hitch. We are of course all subject to thing that happens beyond our control. In such circumstances we undertake to return all monies paid, including any booking fees, and this will be the maximum limit of my liability.