Film production and photography terms and conditions
This template document contains terms and conditions covering the provision of both film production services and photographic services to business customers.
The key provisions of the terms and conditions cover (i) basic services obligations - what the services provider should do and when; (ii) the conduct of shoots; (iii) responsibility for permissions, including both governmental and private licences; (iv) film and photographic deliverables - what exactly should be delivered and what standards should the deliverables meet; (v) acceptance of the deliverables by the client; (vi) client obligations; (vii) intellectual property rights; and (viii) early cancellation and associated charges. In addition, a comprehensive set of boilerplate clauses are included.
The film production and photography terms and conditions are relatively straightforward and will be particularly useful for lower-value contracts.
The details of each engagement should be set out in a statement of work to which the terms and conditions can be attached.
The terms and conditions are designed for contracts between services providers and brands or other end clients - they are not suitable, without some adaptation, for contracts with agencies (who, in any case, will often expect to contract on the basis of their own documentation). Nor are they suitable for contracts with consumers.Ask about this document
Film production and photography terms and conditions contents
- Definitions: definitions.
- Term: commencement of term; end of term: services, deliverables and charges; each contract distinct.
- Services: obligation to provide services; standard of services (B2C or mixed); devotion of personnel to services; keeping customer informed of services; services: compliance with reasonable customer requests.
Shoots: shoot dates and times;Clientrepresentatives at shoot; rescheduling shoots.
- Permissions: photographic permissions to be obtained by first party; photographic permissions to be obtained by second party; form of permissions; provision of copy permissions; parties unable to obtain permission.
- Deliverables: obligation to deliver deliverables (photographic and film); responsibility for ensuring deliverables content complies with law etc; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties (B2C or mixed).
- Acceptance: acceptance review by second party; deemed acceptance of deliverables; deliverables do not meet acceptance criteria in review; subseqent failures of deliverables to meet acceptance criteria in review; consequences of acceptance of deliverables.
- Clientobligations: general second party obligations.
- ClientMaterials: supply ofClientmaterials; licence ofClientmaterials; warranties relating toClientmaterials.
Intellectual Property Rights: assignment of intellectual property rights in photographic deliverables; licence to use photographic deliverables; assignment of intellectual property rights in film deliverables; licence to use film deliverables; licensing of third party materials; further assurance (intellectual property).
- Moral rights: waiver of moral rights in deliverables; assertion of moral right of paternity in deliverables; acknowledgement of assertion of right of paternity.
- Charges: obligation to pay charges; budgetary limitation on charges; amounts exclusive of VAT.
- Timesheets: obligation to keep timesheets; obligation to supply timesheets.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
- Provider's confidentiality obligations:Providerconfidentiality undertaking; disclosure of confidential information byProviderto certain persons; exceptions toProviderconfidentiality obligations; disclosures ofClientconfidential information mandated by law etc;Providerto stop using confidential information upon termination;Providerto return or destroy confidential information following termination;Providerconfidentiality obligations after termination.
- Providerpublicity obligations: no public disclosures byProvider; permitted public disclosures byProvider.
- Data protection: compliance with data protection laws; warranty of Client's right to disclose personal data (GDPR); details of personal data and purposes of processing bythe Provider(GDPR); duration of personal data processing byProvider(GDPR); personal data processed byProvideron instructions (GDPR); authorised international transfers of personal data (GDPR); informingClientof illegal instructions (GDPR); personal data processed byProvideras required by law (GDPR); confidentiality obligations onProviderpersons processing personal data (GDPR); security of personal data processed byProvider(GDPR); appointment of sub-processor byProvider(GDPR); authorisation forProviderto appoint sub-processors (GDPR);Providerto assist with exercise of data subject rights (GDPR);Providerto assist with compliance (GDPR); obligation to notifyClientof personal data breach (GDPR);Providerto provide data protection compliance information (GDPR); deletion of personal data byProvider(GDPR);Providerto allow audit (GDPR); changes to data protection law.
- Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
- Indemnity: first party indemnifies second party upon breach (deliverables); conditions upon first party indemnity; limitations of liability vs indemnities.
- Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; aggregate liability cap upon services contract.
- Providerinsurance: obligation to arrange and maintain insurance; types and amounts of insurance cover; period of insurance cover; insurance company requirements; obligation to provide insurance documentation; insurance and subcontractors.
Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
- Early termination by Client: termination without cause byClient; termination charges; no implied rights to refunds or releases.
- Termination: termination upon breach; termination upon insolvency.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
- Status of Provider: first party is independent contractor not employee; no redundancy or compensation.
- Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- General: no waiver; severability; variation written and signed; asymmetric assignment of contractual rights; no third party rights; entire agreement (commercial terms); governing law; exclusive jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
STATEMENT OF WORK