- Full copyright of the footage and completed movies are assigned to the client
- Insurance: £5m Public Liability, £5m Employer’s Liability, £250K Professional Indemnity
- Payment terms: 30% on contract, 30% on completion of filming & 40% on delivery
- All fims will be watermarked until final payment has been received
- All prices quoted are subject to VAT at 20%
- Fees may apply for cancellation of a shoot within 48hrs of the scheduled day
- Any location fees incurred for shooting will be passed on to the client
These terms and conditions form the basis of a Contract between two or more parties for the production of a movie project whereby the supplying production company shall be known as “Life & Times Productions” and the client shall be known as “the Client”.
The words below are to mean as follows:
(a) “the Creative” shall be the synopsis and creative treatment of the movie which is provided with the quotation and forms part of the contract between Life & Times Productions and the Client.
(b) “the Movie” shall be the film or video and any associated sound recording to be produced by Life & Times Productions.
(c) “the Contract Price” shall be the last sum quoted in writing by Life & Times Productions to the Client.
(d) “the Production Period” shall be agreed between the contracting parties and shall continue throughout and in accordance with the Production Schedule.
(e) “the Production Schedule” shall be the agreed dates, times and locations of making the movie including pre-production and post-production.
The Company shall in consideration of the Contract Price produce the Movie in accordance with the Creative.
Unless otherwise agreed in writing, the Client shall pay to Life & Times Productions the Contract Price as follows:
(a) 30% on the date of commissioning the project.
(b) 30% on completion of filming.
(c) The balance on delivery of the Programme to the Client
4. Copyright and other rights
(a) Life & Times Productions retains all present and future copyright in the Movie and all other rights in the Movie until the Contract Price has been settled by the Client in full.
(b) Life & Times Productions will transfer all present and future copyright in the Movie and all other rights in the Movie [notwithstanding 4.(d)] to the Client when the Contract Price has been settled by the Client in full.
(c) Life & Times Productions will legally obtain all additional releases, permissions and licenses, including but not restricted to, artistes’ performance, music composition, illustration and animation, that govern production of the Movie. Life & Times will transfer all rights, obligations and responsibilities for such additional releases, permissions and licenses to the Client when the Contract Price has been settled by the Client in full.
(d) Life & Times Productions will retain joint copyright to all ‘B’ roll footage obtained for the production in the Movie where the footage does not include the Client’s own personal footage, interviewees, property and locations.
5. Moral rights
The Client acknowledges that Life & Times Productions asserts its moral rights generally in respect of the Movie under the Copyright Design and Patents Act 1998 and in particular to be credited as producer.
The Client warrants to and undertakes with Life & Times Productions that it has full title and authority to enter into a contract with Life & Times Productions and is not bound by any previous Contract which adversely affects this Contract.
Life & Times Productions shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any breach of this Contract.
The Client agrees that if it provides facilities or equipment for the purpose of making the Movie these are provided entirely at the Client’s risk. The Client is advised to maintain adequate employers’ insurance and public liability and property damage insurance in respect of the same.
Life & Times Productions agrees that if it provides facilities or equipment for the purpose of making the Movie these are provided entirely at Life & Times own risk. Life & Times Productions maintains adequate employers’ insurance and public liability and property damage insurance in respect of the same.
Client confidentiality is of the utmost importance to Life & Times Productions. Any Movie we make that contains personal and private footage will be kept strictly confidential, and will not be shared outside of the business. Likewise, any private client information is safeguarded and protected.
Each party shall not except as authorised or required by its duties hereunder use, divulge or communicate to any person, persons or company any Confidential Information which may come to its knowledge during the production of the Movie and shall keep with complete secrecy all Confidential Information entrusted to that party and shall not use or attempt to use any such information in any manner which may cause loss to the other.
10. No partnership or employment
This Contract shall not be deemed to create any partnership or employment relationship between the parties
11. Data protection act
Both parties undertake that they will comply in all respects with its obligations under the Data Protection Act 1998 or equivalent legislation.
During the course of this contract and for a period of 6 months afterwards, neither party shall be permitted to solicit the staff and personnel of the other party.
13. Client material
The Client undertakes that it shall not supply Life & Times Productions with any material that infringes any third party rights or is offensive, obscene, defamatory or inflammatory and Life & Times Productions gives no warranty and explicitly and unequivocally excludes all liability for all and any material supplied to it by Client or contained within the Movie on the Client’s instruction.
14. Third party transfer
Neither party shall assign, transfer, charge or make over this Contract or any of its rights or obligations without the written consent of the other.
15. Force majeure
In the event that this Contract cannot be performed or its obligations fulfilled for any reason beyond the reasonable control of either party including war, industrial action, floods, Acts of God, then such non-performance or failure to fulfil its obligations shall be deemed not to be a breach of this Contract. In the event that this Contract cannot be performed or its obligations fulfilled for any reason beyond either party’s control for a continuous period of three months, then either party may at its discretion terminate this Contract by notice in writing at the end of that period.
In addition to any other rights and remedies at law this Contract may be terminated by giving written notice to the other party in the event that:
(a) the Client has failed to account or make payments as required under this Contract whether demanded or not;
(b) the Client or Life & Times Productions has committed a material breach of its obligations under this Contract unless such party rectifies the position as far as reasonably possible within [thirty days];
(c) either party goes into voluntary or involuntary liquidation.
￼17. Clause headings and appendices
The clause headings in this Contract are for information only and do not form part of this Contract. The appendices [including the Creative and the quotation(s)] form part of this Contract and shall have the same full force and effect as is expressly set out in the body of this Contract.
If any provision of this Contract shall be prohibited by, or adjudged by a court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Contract and rendered ineffective as far as possible, without modifying the remaining provisions of this Contract and shall not in any way affect any other circumstances or the validity or enforcement of this Contract.
19. Governing law
This Contract shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.