A contract is formed between a client (referred to as the “Client”) and Orange Fox Studios (referred to as the “Agency”) when an Order is received from the Client. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Agency to the Customer. These conditions do not affect your statutory rights.
The Agency agrees to supply the product(s) or service(s) to the Client as detailed in the Order and according to the terms and conditions of this contract.
3) Rights Reserved
Should the Agency choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Agency’s rights. By providing the Agency with an Order, the Client accepts these terms and conditions.
The Agency shall issue an invoice to the Client in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. These payment Terms override any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts these Terms. The Agency reserve the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme. Title in the goods or services shall remain with the Agency until full payment has been received, unless otherwise stipulated in the Order.
5) Approval / amendments of footage or designs (2 set of amendments)
On the majority of projects, a ‘draft’ version of the production will be forwarded to the Client for their review. This draft may receive 2 rounds of revisions only, which is included in the original agreed cost. A major re-edit or re-vision will incur an additional daily rate of £325.00 +VAT per part day or part thereof.
6) Health & Safety
The Agency and Client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s). In all instances Orange Fox Studios will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behavior. In this instance the Client will be liable for any costs incurred as a result of this.
7) Bad weather
In the event of inclement weather, Orange Fox Studios reserves the right to change the dates of filming to a more suitable day. Orange Fox Studios will not allow the safety of the equipment or personnel to be compromised.
8) Aborting filming (on shoot day) or re-shooting due to clients lack of organization
In the event of filming being delayed or aborted due to a lack of organisation from the Client, Orange Fox Studios reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
9) Changing filming dates
In the event of the Client wishing to change the filming date Orange Fox Studios require a reasonable notice period. The definition of a reasonable notice period is at least one full weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
10) Equipment substitution / failure
In the unlikely event that Orange Fox Studios experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the Senior member of the film crew.
No further claims or liability will be accepted.
11) Works specified (as per estimate)
All works undertaken will be as per Orange Fox Studios written quotation provided in a pdf format by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional design work, days filming or video editing will be charged at daily rates.
12) Creative Brief
Unless otherwise agreed, the Client accepts the Agency’s decisions on creativity within the product(s) or service(s).
13) Booking Fee/Cancellation
Monies paid by the Client to reserve the product(s) or service(s) of the Agency will be accepted as a Booking Fee. If the Customer cancels the order less than 8-weeks prior to the Agency supplying the product(s) or service(s), the Client will be liable for the whole invoice value less any Booking Fee already paid. If the Client cancels their Order more than 8-weeks prior to the Agency supplying the product(s) or service(s), they shall forfeit the Booking Fee.
The Agency accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the Agency being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Client.
Unless otherwise stated in the Order, the Agency retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Client in relation to the Order. The Client must ensure that permission is sought for the inclusion of any copyright material they supply to the Agency to enable them to deliver the product(s) or service(s). The Agency reserves the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes. The Client agrees to indemnify the Agency in the event of any breach of copyright claims being brought against the Agency in respect of material supplied by the Client.
16) Performers Release Usage
At all times the Agency advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Orange Fox Studios if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form. Orange Fox Studios will arrange Performers Release Forms if performers are being organised by ourselves.
17) Data Protection
The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Agency supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
18/) Care and Damage to client property
Whilst every care is taken in the handling of the Client’s property, the Agency accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of the Agency. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
19) Right of Assignment
The Agency retains the right to assign the supply of the product(s) or service(s) to the Client to another suitable Agency should they be unable to complete these terms and conditions.
The Agency retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Client with proof of expenditure. All out-of-pocket expenses will be charged at cost. Out of pocket costs include but are not limited too; travel, food and accommodation.
Unless otherwise agreed the Agency will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Client shall keep confidential any methodologies and technology used by the Agency to supply of the product(s) or service(s).
22) Basis of law
These Terms and Conditions and any acAgencying letter and/or contract are governed by the laws of the United Kingdom.