Terms and Conditions
Painted Life Ltd Video Production Terms and Conditions
The term ‘Painted Life Ltd’, ‘us’, ‘we’ or ‘our’ refers to the owner of the business. The term ‘you’ or ‘your’ refers to the user or customer to our video production service(s). The term ‘video’ refers to the product and service with which we will supply you. The term “footage” refers to the media content captured by our cameras and audio equipment during the production of your project. The term “pre-production” refers to the planning and organisation process that takes place before the production stage. The term “production” refers to the gathering of, or intention to gather, media content (including footage) for use in your project. The term “post-production” refers to the process of importing, editing and encoding the media content for your project, combining this with any additional material including graphical and musical elements.
1. Planning and quoting for your project
1.1 We will generate a plan and quote for the production of your project, and this will be sent to you as an email. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the plan and quote that is sent to you. Any plans and quotes are valid for thirty days from the date of submission.
1.2 The plan and quote we provide to you is only valid based on the information you give us being true. Any changes in circumstances or requirements may result in an amended plan and quote.
1.3 Your quote will be generated based on our day rate, as well as additional costs we may need covering such as travel, props, actors, and sub-contractor fees.
1.4 Expenses may include licensed music, animation, travel costs and accommodation if needed, as well as props, costumes, space and equipment hire.
1.5 Sub-contractor fees covers any additional services needed from graphic designers, VFX artists, music composers, actors, or hair and makeup stylists.
1.6 As part of your plan you will be given a timescale for when to expect your edits and re-edits to be completed. A date(s) for filming will be decided on up front, as well as dates for editing.
2. Deposit payments for video production services
2.1 To secure the provision of our services we may ask for a non-refundable (except in those circumstances set out in Section 4.1) deposit payment. In the case of us offering you a payment plan, your first instalment will act as a deposit.
2.2 You will be sent an invoice for the deposit amount as an email. This invoice will be sent upon your acceptance of these terms and conditions. Payment must be cleared before the project start date in order for our service provision to commence.
2.3 If you prefer to pay the amount in full up front, this can be arranged.
3. Changes and amendments to your project
3.1 We will provide you with a first draft version(s) of your project file(s) before finalising the project. This will be sent as a viewable (non-downloadable) Vimeo link.
3.2 In some circumstances, we may need you to help us choose the most appropriate sections of footage to use in our edit, before we can provide this initial draft.
3.3 You are granted one re-edit of your video, included in your original quote. You will be allowed seven working days (unless specified otherwise) to notify us of any and all changes or amendments you may require. Changes or amendments may only be editorial – those that affect the original brief are not included.
3.4 Any changes or amendments that affect the original brief may be subject to an additional charge.
3.5 Any changes or amendments that we are notified of after seven days of the submission of the draft may be subject to an additional charge.
4. Our right to cancel
4.1 We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation before the filming date, any deposit will be fully refunded.
4.2 Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
4.3 Upon any discovery of unsafe filming environments relating to the project, or production circumstances that pose a significant risk to our health or wellbeing, we reserve the right to cancel the production session and you will be liable to a charge.
5. Your right to cancel
5.1 You reserve all rights to terminate the provision of our services at any time.
5.2 In the event of any cancellation on your behalf, all deposit payments are non-refundable.
5.3 Cancellations during the production stage of your project will result in you being liable for 75% of the total project charge.
5.4 Cancellations during the post-production stage of your project will result in you being liable for 100% of the total project charge.
6. Licensing and Insurance
6.1 We are insured for all appropriate risks involved in our services.
6.2 Should our filming take place on your site, you are liable to provide a risk assessment.
6.3 Should our filming take place at our premises ‘Highly Flammable Studios’ in Shrewsbury, you can request that we provide a risk assessment.
6.4 If damages to our property occur at the fault of you or a member of your team, you will be liable to pay the excess fee of £250 for our insurance claim.
6.5 By accepting these terms and conditions, you accept responsibility for the safety of you and your team during film shoots.
6.6 All licensing for assets used in your video(s), such as music or graphics, is valid and up to date.
7. GDPR
7.1 We will never sell or pass on any of your details to a third party under any circumstances. Details you provide us are for our own records only.
8. Payments
8.1 You may be offered a payment plan to pay for our services in monthly instalments. Your invoices will be sent every month as an email.
8.2 If you have opted out of a payment plan, you will have been asked to pay your total cost up front before the commencement of the project.
8.3 Invoice credit terms will be specified at the foot of the document. Payment is required before the credit term expires.
8.4 Payment must be cleared in order for us to provide you full access to your final video.
8.5 If payment is not received within the specified credit terms, we are entitled by statutory legislation to levy an additional charge of 8% over the Bank of England base rate of interest for the period that the invoice remains unpaid.
9. Handling of your project’s footage and files during the project term
9.1 We will take all reasonable steps and precautions to protect the footage files we gather during your project.
9.2 We cannot be held liable if footage files are lost, damaged or stolen whilst in our possession. This includes, but is not limited to, theft under all offences listed in the Theft Act 1968. Other causes of loss of footage may include, but are not limited to, natural/human disasters/events, human error and computer system malfunction or failure.
9.3 In circumstances where footage files cannot be recovered, we will consult with you whether to re-produce the content at no additional cost to you, or terminate the project with a refund of your deposit.
9.4 In any circumstances covered in Section 9.3, we cannot be held liable for any of your additional costs incurred for the original project. This may include, but is not limited to, actor, actress, presenter and director fees, location or studio hire and travelling expenses.
10. Delivering your finished product
10.1 Your final video will be sent to you via a viewable (non-downloadable) Vimeo link.
10.2 Once you have approved this video and the final invoice has been paid, your video will be delivered to you as a private downloadable Vimeo link. The password will be of our choosing, and only shared with those involved in the organisation of the project.
10.3 Any photographs or additional assets included in your project will be uploaded to a Google Drive folder and shared with you, with full access given.
10.4 If any changes or amendments are requested by you after the final draft has been approved and the project has been signed off, this will be treated as a new project with a new timescale and may be subject to additional charges.
11. Storage of your project’s footage and files after the project term
11.1 After a project’s completion, whereby you are in possession of the final video, we will take all reasonable precautions to protect your original project files and will store them securely for up to 3 years. We cannot be held liable if footage files are lost, damaged or stolen after the project is complete.
11.2 You are able to purchase a copy of all your original RAW (unedited) files from us at an additional cost to cover time and materials.
11.3 3 years after the completion date of your project, our copy of your original files will be removed from storage and deleted.
11.4 Please do not remove files from Google Drive without first asking us, as we may need access to it.
12. Rights and Permissions
12.1 Where you provide material to us to be included in your project (which may include, but is not limited to, logos, images, trademarks, footage and audio), the relevant permission must firstly be obtained from the original copyright holder. By accepting these terms and conditions, you hereby indemnify us against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws attributed to the material.
12.2 We retain all copyright over any content we produce for you.
12.3 We retain all rights to the usage of footage captured during the production of your project. We may use footage and related files from your project(s) in our showreels and for other promotional purposes.
12.4 Your licence grants you permission to use the content in the state in which we provide it to you. You have the right to use your final video or photographs for any purpose you see fit.
12.5 Permission is not granted to re-edit, copy or alter the content in any way.
12.6 You have the right to ask us not to post your final video or photographs on our social media or website.