TERMS AND CONDITIONS

VIDEO PRODUCTION

Our standard video production service includes 1 or 2 Consultations (video call or in person), 1 Video Recording session (timings are specific to each client), 1 Editing Session and 1 Round of Revisions. Any additional changes after the ‘first round’ of Revisions will be charged for separately at our standard hourly rate.

We ask that clients are very specific about the changes they would like and cover in detail all these changes in written form.

CAMERA OPERATOR WITH FULL PRODUCTION KIT:

- Canon 750D –Full HD Camera with Non-Gimbal Stabiliser, Tripod or Handheld

- Pixel 3 –Full HD Camera with Gimbal Stabiliser, Tripod, or Handheld

- Lenses: Canon 18 - 55 F4

- Gimbal –3-Axis Handheld Stabiliser

- Camera Mounted Shotgun/Directional Microphone

- Tripod Mounted (Table-Top) Microphone

- Freestanding Photography Studio Umbrella Lights (x2)

- Camera Mounted Temperature Adjustable Light

- Frame Mounted Green Screen Back Drop

- Frame Mounted Black Back Drop

- Frame Mounted Grey Back Drop

- 22” Light Reflector

- Additional video production equipment is available

TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM RAINYGRINCH STUDIOS

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Definitions & General Terms:

In these Terms and Conditions the words ‘RainyGrinch Studios’ ‘Rainy Grinch Studios’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Rainy Grinch Studios, a UK Company.  The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.

These Terms and Conditions apply to all video and associated audio product created by RainyGrinch Studios, including all moving and still images and sound recordings in whatever form.

All communications between RainyGrinch Studios and the Client shall be by telephone, email, or Video Call, except where agreed at the RainyGrinch Studios discretion. RainyGrinch Studios will always aim to respond to communications within 24 hours of receiving a communication from the client.

Pre-production requirements

It is the Client’s responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.

No liability will be accepted by RainyGrinch Studios for and delays or failure to deliver the agreed product if caused by any element, which is the Client’s responsibility.

Where copyright material is provided by the client for incorporation into a RainyGrinch Studios product, permission must be obtained from the original copyright owner / material provider by the Client.

The Client undertakes to indemnify RainyGrinch Studios against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.

The Client must sign off a full production brief before production work begins.

Production and post-production

All works undertaken will be as per RainyGrinch Studios written quotation based upon the agreed production brief.  It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our current hourly or daily rates.

Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Client’s responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the shoot. Delays in production as a result of inadequate access or facilities may incur additional charges.

RainyGrinch Studios takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour.  In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result.

RainyGrinch Studios will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.

Changes: Any changes during production or post production that are different to the agreed invoice or storyboard will be charged for separately at our standard hourly or day rate. We ask that clients are very specific about the changes they would like and cover in detail all these changes in an email.

Video editing

Our standard video editing service includes one (1) video editing session for a period of time as specified in the production brief, one (1) draft version of the final video production, one (1) consultation (telephone / email or in person) to review the draft version, one (1) additional stage of video editing for a period of time as specified in the production brief, and one (1) round of minor changes.

Any additional changes after the ‘first round’ of changes will be charged for separately at our standard hourly rate. We ask that clients are very specific about the changes they would like and cover in detail all these changes in one email.

Standard video editing process (8 hours):

·                  Project Set-up, Digital Capture & Transcode (3 hours minimum)

·                  Digital Video Editing (3 hours minimum).

·                  Colour Grading / Audio Sampling (1 hour minimum).

·                  Video Export / Upload to YouTube or Send File via WeTransfer (1 hour minimum).

Minor changes: Making minor changes like adjusting a few of the video clips in the timeline order sequence, swapping a music track or altering a graphic title would be classed as a 'minor change'.

Major changes: Making major changes like majorly changing the running order sequence, adding in additional video footage not filmed by RainyGrinch Studios or asking for the video to be half it’s original length would be classed as a 'major change'.

Studio editing: This is often the quickest and most cost effective method of video editing. Our normal work practice is to edit the video into a rough cut and then send over a first draft of the video. We aim to get the video as close to complete as possible, so that there are only minor changes to make after the first review. Clients are always welcome to visit us and sit in on an editing session: often this can save time and cost less.

Remote editing: We often use remote editing as a way to edit videos in our studio without the client needing to be present. Communicating via telephone, video call and email we can process alterations and then share the amended video. However, because of the nature of video editing even a small change that might only take 10 minutes to correct can take a few hours to process and get sent back to the client because of the export & upload process depending on the size of the video file. On average a short 5 minute video will take 1 hour to export and re-upload or email back to the client.

Extras: We are happy to accommodate any extras you may want added to your video however these will be charged for separately. A typical “extra” would include anything that has not been specified in the initial quote and is not in writing or on a storyboard prior to any video editing starting. A typical 'extra' would be asking for additional video footage or photos to be added to the edit during the video editing process.

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Adverse weather conditions

In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.

‘Client delays’

In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise.  No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).

Changes to the filming schedule

In the event of the client wishing to 'change' or 'cancel' the filming date we require a minimum of 2 weeks notice, meaning if we are given 2-weeks notice we will happily move the filming date or offer you a refund (less any pre production work that has already been completed). However, failure to notify us within 2-weeks of the original shoot date will result in you becoming 100% liable for the full payment.

Weddings - Changes to the filming schedule / cancellations & date transfers

In the event of you wishing to 'change' or 'cancel' the filming date we require a minimum of 2-weeks notice, meaning if we are given 2-weeks notice we will happily move the filming date or offer you a 75% refund (25% is a non refundable deposit) if we cannot film on your new date. However, failure to notify us within 2-weeks of your new wedding date will result in you becoming 100% liable for the full payment.

Equipment substitution

In the event that RainyGrinch Studios experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.

Approval / amendments of draft footage

Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment.  One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief.  Subsequent revisions or significant re-edits will be charged accordingly.

Project duration and delivery

Any indication given by RainyGrinch Studios of a design project’s duration is to be considered by the customer to be an estimation. RainyGrinch Studios will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief.  RainyGrinch Studios will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.

Copyright

RainyGrinch Studios asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project.  The copyright of all produced material is solely owned by RainyGrinch Studios and is protected under UK law.

Usage licence – rights to the use of project content

Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies RainyGrinch Studios against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material

We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition: RainyGrinch Studios retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client.

Permission is not granted to re-edit, copy or alter the content in any way. We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes. RainyGrinch studios will not, however, use any materials provided by the Client in any works for any other customers.

RainyGrinch Studios assigns to the Client a licence to use the video production in its complete delivered form only.  We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.

Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.

We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.

Nondisclosure

RainyGrinch Studios and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about RainyGrinch Studios to another party, unless directed by RainyGrinch Studios.

Privacy Policy

RainyGrinch Studios and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and the General Data Protection Regulation 2018.

Interpretation

RainyGrinch Studios reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. RainyGrinch Studios shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

RainyGrinch Studios reserves the right to alter these Terms and Conditions at any time without prior notice. The latest Terms and Conditions can be found at RainyGrinch Studios website at https://www.RainyGirnchStudios.com/terms-and-conditions/.

Statutory Rights

These Terms and Conditions do not affect your statutory rights as a consumer.

PAYMENT - We operate 2 payment solutions:

1.               A 50% Payment upfront (where 25% is a non-refundable deposit) with the remaining 50% to be paid in full upon completion of the media work.

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2.               100% Payment (where 25% is a non-refundable deposit) in full before any video production work is started.

Our payment terms are strictly 14 days from date of invoice and in the event of an order being confirmed the Client accepts these terms. We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.

We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. RainyGrinch Studios reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.

Prices are subject to change without notice and all quoted prices are exempt of VAT.

RainyGrinch Studios reserves the right to decline further work on a project if there are invoices outstanding with the Client.

RainyGrinch Studios reserves the right to remove its work for the Client from the Internet if payments are not received.

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All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and RainyGrinch Studios under UK law