This Agreement is between the client being supplied a service or product Herein referred to as “Client” AND Generate Media Ltd 52 York Road, Weybridge, Surrey, KT13 9DX Herein referred to as “Generate Media” “WHEREAS:
A. Generate Media Ltd is and will be defined by the company name and address on each invoice or quote issued in accordance with work carried out and pursuant to that company and country’s law.
B. Client wishes to engage Generate Media Ltd, on an independent contractor basis, to render and arrange for the carrying out of a production (the “Video”), and / or other marketing and promotional activities listed as per the brief packet sent. NOW THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows: 1 PRODUCTION SERVICES
1.1 Video Production In accordance with the ‘supplied’ quote Generate Media Ltd hereby agrees, subject to the terms hereof, to perform all pre-production, production and post production services necessary to complete the Media and to deliver the Media in accordance with discussions held and quotes supplied, including; The supply, provision and application of technical knowledge and expertise necessary to produce the content; The preparation of script for narration, unless otherwise agreed, to be supplied by client – which must be duly agreed signed off and returned by client to Generate Media Ltd to confirm that recording may begin.
The preparation and production of background music, unless specifically requested, to be supplied by the client.
The engagement of crew, studio and other necessary facilities and services required for the production of the Video; Additional wardrobe, props, special effects and cast members will be quoted in writing as an additional cost and service prior to each production commencement; Video productions master copies will be either posted online or shipped to client within approximately 28 days from final day of production shoot unless otherwise specified in writing or e-mail and or delayed by extended amendments, late script approvals and / or late supply of documentation and artwork by client and / or other circumstances beyond the control of Generate Media Ltd.
Generate Media agrees that it shall produce the Video and render the Production Services in accordance with the following requirements and specifications: Video Specifications:
The Video shall be produced in accordance with written communication and discussions between Generate Media Ltd and the Client.
Generate Media Ltd will endeavour to ensure that all the features marked in any production checklists will be included in the final standard length video production, and will advise whether additional footage will be required in order to cover all features in a standard or otherwise ordered length of video production.
Artistic and Creative License: Client agrees that Generate Media Ltd will reserve rights to decide on final artistic and creative impression and design of video presentation.
Review of Media: Media will be supplied to Client for review and opportunity of amendment of the final product. All requests for amends must be made in writing or e-mail.
Additional reviews are liable to incur costs at the discretion of Generate Media Ltd as set out in each quote or contract. Failure to approve or make amendment requests on final product within the agreed time as set out in the quote or contract will be understood as confirmation of approval of final video and will result in final edit regardless.
Failure to comply within review clauses above will void any other rights of first review, amendment or use of final product by client.
Storage of Footage / Hard Drive Space – Generate Media Ltd reserves the right to charge for storage of footage and hard drive space or cancel the project without refund of any monies, in the event that the post production project is delayed by the client beyond 30 days.
Compliance with Applicable Laws: Generate Media Ltd shall comply with all applicable laws, statutes, rules, regulations and requirements of all governmental agencies and regulatory bodies and shall duly and promptly apply for and provide all necessary consents, licenses and insurance which may be required.
Local Permits and Passes: Client is responsible for obtaining and payment of relevant local permits and permissions to film any part of the production listed as a required part of their final product. Failure to obtain such permission and therefore not film such items shall not give right to the cancellation or non acceptance of final product by the Client.
Release Forms / Advice Notice: It is the responsibility of the Client to inform guests and workers present on the property to be included in the production of the filming and to obtain the relevant release forms duly signed by guests or staff where necessary by distribution of notice of filming. Such forms are available from Generate Media Ltd. 4 PAYMENT
Except as set forth otherwise in this Agreement, Client shall be solely responsible for the payment for the Video as set out in the Quote or Invoice and agreed costs.
Generate Media Ltd reserves the right to keep a watermark on the final draft until final payement is received.
A deposit payment and or further payments shall be paid by client to Generate Media Ltd prior to the commencement of production of the Video and post production as agreed and set out in the Quote and / or Invoice.
The balance shall be paid to Generate Media Ltd within 30 days of the invoice date. A late payment fee may be issued if the payment date is after 30 days.
Generate Media Ltd reserves the right to keep all RAW footage taken for the Client, this includes non client related B-Roll taken from the shoot. The Client acknowledges that the Edit Files reflect the know-how, methodology and intellectual capital that has been developed or acquired prior to performing the Services. As a result, the Intellectual Property Rights in the Edit Files are to be retained by Generate Media, subject to clause.
If the Client wishes to acquire an assignment of all Intellectual Property Rights in the Edit Files, such acquisition shall be subject to payment of a fee and separate terms to be agreed by the parties.
Generate Media Ltd maintains the copyright and broadcasting rights of all visual documents unless otherwise agreed in contract.
Final production details and creativity shall be at the discretion of Generate Media Ltd.
Generate Media Ltd reserves the right to postpone, extend or reschedule video or photography shoots due to unfavourable weather conditions, in which circumstances accommodation for extended stays will be supplied, however the original production quote and cost will not be affected. However additional costs may be liable if Client delays or reschedules a shoot which causes the extended hiring, re-hiring of additional or alternative crew than those used on the originally planned shoot. Generate Media Ltd is not responsible for re-shoots and / or re-edits due to subsequent property re-modelling, renovation, inclement weather or programme and product changes within the same production and quote.
Re-edits of product due to changes could incur in additional charges as quoted separately by Generate Media Ltd.