Terms & Costs

Basic rate: £60 per hour (or part thereof)

Equipment costs:

Shooting Days
£100 per day (or part thereof) – cameras, lights etc

Post Production
£50 per day (or part thereof) – computers, power etc

Depending upon the project, it may be appropriate to agree a fixed fee in advance. Please do call or email me to discuss.

Expenses are recharged at cost (eg travel, physical media etc).

I hold full Public Liability insurance up to £2,000,000.

Please note that for UK Tax Year 2012/2013 I am not registered for VAT.

TERMS & CONDITIONS FOR VIDEO PRODUCTION & POST PRODUCTION

1) Definitions & Law

The contract is this document that sets these conditions and any other documents confirming all other details about your agreement with us (e.g. emails containing specific timings, costs, processes etc).

“WE” and “US” means the supplier of goods or services (Dominic Witherow Productions, hereafter referred to as “DW”). “YOU” means the Client or Customer. “PRODUCTION” means the service you have booked, including full video production, elements of video production, post production or elements of post production.

These conditions will be governed by and interpreted in accordance with English law. These conditions do not affect your statutory rights as a consumer as defined by the “Unfair Contract Terms Act 1977” or any statutory amendments of that act.

2) Rates

Personal basic rate – £60 per hour (or part thereof)

Equipment costs – Shooting Days: £100 per day (or part thereof) – cameras, lights etc.

Post Production: £50 per day (or part thereof) – computers, power etc

3) Payment

50% of the projected final fee is due on commencement of production.  The final invoice will be issued on completion of the production and will have a payment term of 14 days.

4) Cancellations

You may cancel this contract at any time by giving written notice to “DW”, but in doing so shall forfeit any monies paid.  Should “DW” receive cancellation after production has commenced, the client shall pay a sum equal to 50% of the contract value plus all incurred expenses.  The said sum shall be payable as compensation as an estimate of the loss that “DW” would suffer.

5) Force Majeure or Act of God

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

6) Limit of our liability.

We will not be liable for any delays caused by circumstances, which are beyond our reasonable control. We will not be liable for any radio signal losses, battery failures, equipment failure and or material defects, which are beyond our control. Any refunds for the production will be limited to no more than the original sums involved. In the unlikely event of a total camera failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract (including expenses). Neither party shall be liable for indirect or consequential loss.

7) Brief and Script for video production

A full brief is required and should be confirmed in writing prior to the commencement of any project (the confirmation can be written by “DW” or the client, as long as it is agreed by both parties).  The brief will detail exactly what work “DW” will undertake and what final product is to be delivered.  Timescales and any specific content should also be included in the brief.  The quoted fee will be based on the brief, so any work requested in addition to the brief or changes to the brief will be deemed outside the scope of the original quote and will, accordingly, be charged at the standard hourly rate.  The client must provide any script, in the first instance.  This can then be enhanced and adjusted by “DW” alongside the client, so as to best fit the appropriate medium.

8)Production

Production shall be deemed to commence at a pre-agreed moment, typically on departure for the first day of filming (when appropriate), at the time of an initial script meeting (if “DW” is to be involved in script production), or on delivery of necessary footage to “DW” (for post production only work). These are guides for timing and may alter depending on the specifics of any production.

9) Post production

Post production is the process of turning footage and other elements into a finished video and includes editing, sound design and mixing, any special effects and compositing, graphics, titling, colour correction and stylization and final output to desired delivery format.  Post production has two distinct stages, First Cut and Final Cut.  First Cut is an approximation of the final product, which usually requires a number of changes and adjustments.  The client shall identify any desired changes after First Cut, which shall then be implemented by “DW”. The contract includes two rounds of significant changes at this stage, prior to Final Cut.  If further changes are required prior to Final Cut, these will be charged on an hourly basis.  Final Cut is when the edit is ‘locked’.  At this stage any colour work is done and the final audio mix is undertaken.  It is expected that the client may desire changes in the colouring and audio mix.  Two rounds of colour and audio adjustments are included in this contract.  Further adjustments will be charged on an hourly basis.  Once the Final Cut is approved the film will be output for final delivery in the pre-agreed format(s).

10) Photographs/Music

Any photographs or music or other media supplied to “DW” for use in the production must be in a pre-agreed digital format.  “DW” will not accept any liability for physical media.  If enhancements are needed to any supplied media, such work as is required will be charged as a separate undertaking to the production.

11) Final delivery formats

The final production will be delivered in the pre-agreed format(s).  Typically, this will be on DVD, Blu-Ray Disc or a digital video file for web use.  Other formats are available, but may incur additional cost, depending upon whether it is necessary to hire equipment or services, which will be pre-agreed and re-charged at cost.  It is vital that “DW” is given full technical requirements for the final output prior to approval of the Final Cut.  All forms of final delivery require computer rendering, which can be a very lengthy process.  Thus, changes to format after initial output will be charged on an hourly basis.

12) Disc authoring

DVD or Blu-ray discs require dedicated design and publishing.  Any disc and menu design beyond the most basic (i.e. default button, with no design elements), will be charged on an hourly basis.

13) Copyright / Display

The copyright of the final production will remain with the client. However, the client hereby allows “DW” to display any images/video included in this contract in their studios, portfolios, literature and advertising (with consideration to commercially sensitive or confidential materials). It is the responsibility of the client to ensure that all materials supplied to “DW”, such as photographs/video/music are either copyright free, or that suitable permissions/licenses have been obtained to use such materials in the video.

14) Permissions to film

If location filming is required, the client must obtain permission to film at the specific location from the relevant authorities, and will be responsible for any fees that may be levied by such authorities. “DW” will not be responsible for any refusal by such authorities to allow filming to be carried out.

15) Non attendance

On occasions and without notice it may be necessary for the camera operator originally specified to be substituted by another (e.g. due to ill health).

16) Timescales

Timescales will be agreed prior to the start of production.  Additional requests are likely to affect agreed timescales, so any such request will add an agreed amount of time to the delivery date.  Technical issues outside the control of “DW” or the client can affect timings.  In such circumstances “DW” will endeavour to complete the project as close to the original timings as possible and will agree such timings with the client without any liability for incurred loss.

17) Changes

Any alterations to the brief must be put in writing and sent to “DW”, prior to the commencement of production.

18) Complaints

Any complaints should be raised by the client to “DW”, in writing, within 14 days of completion.

19) Rights reserved

Any failure by us not to enforce any or all of these conditions shall not amount to or be interpreted as a waiver of any of our rights. By booking “DW”, for a production you are accepting these terms & conditions.

20) Rights

These Conditions do not affect your statutory rights.