These Terms and Conditions are for your protection as well as ours. Please read them carefully.
1) Copyright (Wagon Films material)
The Copyright of all material that has been captured, developed or created by Wagon Films is solely owned by Wagon Films and protected under UK Law. Upon completion and cleared funds, we will, in some instances and upon prior agreement, license the Copyright Ownership to the Client for certain usage. This usage will be clearly specified in your written quotation. In both circumstances, Wagon Films reserves the right to use the footage / material / media, either in sections or in its entirety, for promotional purposes.
2) Copyright (material provided by client)
In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a Wagon Films production, copyright must firstly be obtained from the original copyright owner / material provider. In order for Wagon Films to use this material, the copyright must be explicitly transferred to Wagon Films or the material provided to Wagon Films totally free of charge and the client will have to indemnify Wagon Films against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material. Wagon Films will reserve the right to use the final production in full or part content for promotional purposes.
3) Performer’s Release usage
At all times Wagon Films advises and recommends its Clients to use and enforce Performer’s Release Forms. No discounts or liability will be accepted by Wagon Films if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
4) Payment terms
Our payment terms are strictly 14 days from date of invoice or prior to any work being used for any commercial purpose including, but not limited to, use on client owned or third party websites, video sharing websites, TV On-Demand or broadcast TV. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Wagon Films reserves the right to add an accumulative percentage on late payments as dictated under the UK Government late payments scheme.
5) Approval / amendments of draft footage (1 set of minor amendments)
Unless explicitly stated otherwise, a 'final draft’ version of the production will be submitted to the Client for their review. This draft may receive one set of minor revisions only, which is included in the original agreed cost. Subsequent revisions thereafter will incur an additional daily rate of £450.00 + VAT per part day or £75 per working hour.
Note: production agreements or contracts will state specific terms for revisions should they apply.
6) Health and Safety
In all instances Wagon Films will reserve the right to remove any of its 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. Wagon Films will observe the Client’s site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
7) Insurances (people, equipment etc)
Wagon Films carries public liability and employer’s liability insurance cover of £5 million pounds, for the purposes of film and video production. Upgraded specific project insurance cover can be provided if required and upon request.
8) Bad weather
In the event of inclement weather, Wagon Films reserves the right to change the date of filming to a more suitable day. Wagon Films will not allow the safety of the equipment or personnel to be compromised. Any additional hired in crew or kit costs will be charged to the Client.
9) Aborting filming (on shoot day) or re-shooting due to Client’s lack of organisation
In the event of filming being delayed or aborted due to a lack of organisation from the Client, Wagon Films reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
10) Changing filming dates
In the event of the Client wishing to change the filming date, we insist on a minimum of 4 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
11) Equipment substitution / failure
In the unlikely event that Wagon Films 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 filming will be at the discretion of the Senior member of the film crew. No further claims or liability will be accepted.
12) Works specified (as per estimate / working brief)
All works undertaken will be as per Wagon Films written quotation provided in either a PDF format by email or within the body content of an email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily or half-daily rates.
13) Clear access for filming
If filming venues are being organised by the Client, it is the Client’s responsibility to ensure that Wagon Films has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.
14) Media purchase and airtime management
If Wagon Films are contracted to purchase and manage airtime on behalf of a client, all professional and any third party fees for said service will be paid from commissions paid to Wagon Films by media sales houses or their agent. Invoices for DRTV airtime must be paid a minimum of 7 days prior to first booked broadcast.
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 herewith override any Terms and Conditions from the Client.
A PDF of these Terms will be provided upon request.