The Copyright of all material that has been captured by Shadowplay® Media is solely owned by Shadowplay® Media and protected under UK Law. Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client. This will be clearly specified in your written quotation. In both circumstances, Shadowplay® Media reserves the right to use the footage / material; / media, either in sections or in it's entirety, for promotional purposes. Title to all Videos/Photographs remains the property of Shadowplay® Media. When the License to Use the material has expired Videos/Photographs must be returned to Shadowplay® Media in good condition within 30 days.
In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a Shadowplay® Media production, copyright must firstly be obtained from the original copyright owner / material provider. In order for Shadowplay® Media to use this material the copyright must be explicitly transferred to Shadowplay® Media. Or the material to be provided to Shadowplay® Media totally free of charge and the client will have to indemnify Shadowplay® Media against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material. Shadowplay® Media will reserve the right to use the final production in full or part content for promotional purposes.
At all times Shadowplay® Media advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Shadowplay® Media if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
Shadowplay® Media will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the video/photography, save as may be reasonably necessary to enable Shadowplay® Media to carry out his/her obligations in relation to the commission.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Shadowplay® Media reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Where extra expenses or time are incurred by Shadowplay® Media as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Shadowplay® Media's normal rate to Shadowplay® Media in addition to the expenses shown overleaf as having been agreed or estimated.
On the majority of projects, a 'draft 'version of the production will be forwarded to the Client for their review. This draft may receive one set of minor revisions only (no more than one days worth of post production), which is included in the original agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional charge based on our rate card.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
In all instances Shadowplay® Media will reserve the right to remove any of it's personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this. Shadowplay® Media will observe the Client's site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
Shadowplay® Media carries public liability insurance cover of up to £1million. Upgraded specific project insurance cover can be provided if required upon request.
In the event of inclement weather, Shadowplay® Media reserves the right to change the date of the shoot to a more suitable day. Shadowplay® Media will not allow the safety of the equipment or personnel to be compromised.
In the event of the shoot being delayed or aborted due to a lack of organisation from the Client, Shadowplay® Media reserves the right to charge the relevant day's shoot costs. A re-visit to site to carry out further works may incur additional cost.
In the event of the Client wishing to change the shoot date we insist on a minimum of 2 weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred. A half day rate will be charged for every day of shooting that is changed.
In the unlikely event that Shadowplay® Media experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of the shoot will be at the discretion of the senior member of the crew. No further claims or liability will be accepted.
All works undertaken will be as per Shadowplay® Media's written quotation provided. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days shooting will be charged at our daily rates.
If venues are being organised by the Client, it is the Client's responsibility to ensure that Shadowplay® Media has clear access to all relevant locations required throughout the day. Delays in shooting may incur additional charges.
Save for the purposes of reproduction for the licensed use(s), the Videos/Photographs may not be stored in any form of electronic medium without the written permission of Shadowplay® Media. Manipulation of the image or use of only a portion of the image may only take place with the permission of Shadowplay® Media.
This agreement shall be governed by the laws of England & Wales All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order. All Terms and Conditions stated within this document override any Terms and Conditions from the Client.
These Terms and Conditions shall not be varied except by agreement in writing.
THE OLD BAKERY,
A creative studio specialising in high-end still and moving image production. With a background in Advertising Photography and Moving Image spanning two decades we create visual stories for print, web and broadcast media. With full service production in Photography, Film, Post Production and CGI from our central studios, our team will guide you from initial idea to finished campaign. If you SEE DIFFERENTLY, like we do...
Shadowplay® Media LTD. Reg in England and Wales No.04996634 © copyright 2011 All rights reserved. Terms & Conditions