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:
1.1 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.
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.
All content, footage, edit files, audio, and associated materials produced by Generate Media Ltd in the course of providing the Services (collectively, the “Works”) are and shall remain the sole and exclusive property of Generate Media Ltd. Copyright in the Works vests in Generate Media Ltd at the point of creation and at all times thereafter, in accordance with the Copyright, Designs and Patents Act 1988. The Client acknowledges that payment of fees does not constitute a transfer of copyright or any other Intellectual Property Rights unless explicitly agreed in a separate written assignment signed by an authorised representative of Generate Media Ltd. No raw footage will be released until full payment is received.
All raw footage captured during any production, including but not limited to unedited clips, rushes, proxies, audio recordings, and any non-client related B-roll, remains the sole and exclusive property of Generate Media Ltd at all times. Raw footage will not be released to the Client under any circumstances unless a Raw Footage Release has been explicitly requested, confirmed in writing, and a corresponding fee agreed upon — all prior to the commencement of production. For the purposes of this clause, “commencement of production” shall mean the date on which Generate Media Ltd begins any pre-production activity, including but not limited to scheduling, scripting, or crew engagement.
Where a Raw Footage Release has been agreed in writing, Generate Media Ltd grants the Client a non-exclusive, non-transferable licence to use the raw footage strictly in accordance with the terms set out in the applicable Raw Footage Release agreement, including the specified territory, duration, and permitted uses. Where any such terms are not specified, they shall be deemed to require separate written agreement between the parties before the licence takes effect. The licence shall be for the duration specified in the Raw Footage Release agreement; where no duration is specified, the licence shall default to a rolling annual licence, renewable by mutual written agreement. Where a perpetual licence is agreed, this shall be explicitly stated in the Raw Footage Release agreement.
5.4 Sub-Licensing
The Client shall not sub-license, transfer, assign, or otherwise grant any rights in the raw footage to any third party without the prior written consent of an authorised representative of Generate Media Ltd. Any sub-licensing agreed to by Generate Media Ltd shall be subject to separate written terms.
Release of raw footage shall only occur upon both of the following conditions being satisfied: (a) receipt by Generate Media Ltd of full and final cleared funds in respect of all outstanding invoices related to the production; and (b) issue by Generate Media Ltd of a written zero-balance confirmation to the Client. Generate Media Ltd reserves the right to withhold release of raw footage until both conditions are satisfied, regardless of any other agreement between the parties.
5.6 Intellectual Property — No Joint Authorship
The Client acknowledges that notwithstanding any creative contribution made during the production process, including scripting, direction, or storyboarding, no joint authorship of the Works shall arise. All creative decisions and final artistic output remain the intellectual property of Generate Media Ltd unless otherwise explicitly agreed in a signed written assignment.
To the fullest extent permitted by law, all contributors engaged by Generate Media Ltd in connection with the Works, including crew, talent, and voiceover artists, shall be required to waive their moral rights in the Works. The Client acknowledges that Generate Media Ltd may edit, adapt, or repurpose the Works without obligation to identify individual contributors.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.