1. Definitions

The Company

No. 10 Film Limited, Company Number 09739929, a limited company registered in England, at the registered address Unit C, 19 Overcliffe, Gravesend, DA11 0EH.

The Client

Any individual, organisation or business that engages The Company to carry out services of any kind.

Services

Activities carried out for The Client and The Project, including but not limited to video production; photography and sound recording; animation and motion/static graphic design; post production and editing; administration and project management. Services can also include the rental and/or sale of goods and equipment to The Client.

The Project

A defined set of Services that is to be carried out by The Company for The Client. These Services will be outlined in a Project Plan which will be approved by both parties before work commences.

Raw Footage

Any video footage, imagery and sound recordings captured by The Company during the production of The Project.

Project Files

Any files that are created in the post-production process, which use Raw Footage and other elements to produce the Final Deliverables.

Final Deliverables

Any assets or materials that have been agreed to be delivered to The Client at the end of the Project, as per the Project Plan.

Delivery Date

The agreed date by which The Company must deliver the Final Deliverables to The Client as per the Project Plan.

2. Agreement

When a Project Plan has been approved by The Company and Client it constitutes a service agreement which must be fulfilled by both parties under these Terms and Conditions. 

Both parties agree to adhere to all relevant Health and Safety laws and regulations when carrying out a Project.

3. Liability

The Company accepts no liability for any loss or damage that may arise from the supply of the Service. In the unlikely event of the Company being unable to supply the Service as specified in the Project Plan, liability shall be limited to the total invoice value, or monies already paid by the Client, whichever is lower.

The Company reserves the right to cancel or change the Project in any way if Health and Safety concerns arise during the production process.

The Company will not accept any liability for any delays or failure to deliver the Service if caused by any element which is the Clients responsibility.

4. Insurance

The Company has a Production Insurance policy that covers all activities related to The Services provided, which has the following levels of cover:

Public Liability: £2,000,000

Professional Indemnity: £1,000,000

Employers Liability: £10,000,000

A copy of the policy cover can be provided to The Client upon request.

The Company has £25,000 of equipment accidental damage & theft cover, which includes hired-in or Client-owned items. If The Client wishes to have their own property on The Project covered by The Company’s insurance policy, they must adhere to the policy cover guidelines.

 If the Project requires extended coverage, this additional cover will be outlined in the Project Plan and chargeable to The Client.

5. Delivery and Data Storage

The Company agrees to deliver all Final Deliverables to The Client by the Delivery Date outlined in the Project Plan. We will store the Raw Footage for a period of three months after the Delivery Date. After this period it is The Client’s responsibility to store the Raw Footage. 

Project Files, exported edits and any other project assets will be stored indefinitely and will remain property of The Company unless an alternative arrangement is agreed upon with The Client.

6. Copyright

The copyright of all assets produced as part of The Project remain with The Company unless an alternative arrangement is made with The Client. 

The Client has unlimited usage permission for the Final Deliverables at no cost. The Company reserves the right to use parts of the Final Deliverables for showreel and promotional use unless alternative arrangements have been made with The Client.

It is The Clients responsibility to ensure they have all clearances, permissions and copyright required to use any assets they supply to The Company for use in the project. The Company cannot be held liable for usage of content in The Project that has been incorrectly licenced or acquired by The Client.

It is The Clients responsibility to obtain performer release forms for any contributor in the Project.

7. Payment

Payment is due 30 days after the presentation of the invoice, which is usually the Delivery Date.

If the balance owed is not fully settled after 30 days, a late payment fee of 10% of the total invoice amount will be charged. This supersedes any other terms and conditions from The Client unless alternate terms are arranged. 

For every 30 day period lapsed beyond the due date of the original invoice, a further 10% late payment fee will be charged until the entire balance is settled.

8. Delays and Cancellations

Shoot Days

Shooting dates will be outlined in the Project Plan. If a shoot day is cancelled by The Client for any reason, the following fee will be chargeable.

More than 7 days before shoot day – No fee

Less than 7 days but more than 48 hours before – 50% of shoot day costs 

Less than 48 hours before – 100% of shoot day costs

Any other costs incurred by The Company, including but not limited to hired equipment, accommodation/transport or pre-paid contributor fees must be covered in full by The Client. 

 The Company reserves the right to cancel or reschedule any production activities due to unfavourable conditions, including but not limited to bad weather, industrial action, or health and safety concerns that have not been caused by The Client. In these circumstances the original production quote and cost will not be affected.

Post Production

The post production period will be clearly defined in the Project Plan and both The Client and The Company have a responsibility to adhere to it. 

The Company agrees to deliver the interim edits and any Final Deliverables by the delivery deadlines set in the Project Plan.

The Client agrees to respond to edits with their feedback by the delivery deadlines set. If The Client is late in their feedback or requires more rounds of feedback, additional editing days will be chargeable and clearly outlined in writing by The Company before going ahead.

9. Disputes

Any disputes that cannot be resolved between the two parties must be arbitrated in the first instance by an independent mediation service under the Alternative Dispute Regulations 2015 under UK law.

Complaints or disputes must be raised within 30 days of The Client receiving the Final Deliverables, or within 30 days of The Project being terminated.

10. Basis of law

These Terms and Conditions and any accompanying agreements, Project Plans or communication are governed by the laws of the United Kingdom.