Terms and Conditions

Terms and Conditions

ISSUED BY

Rhys Votano Limited
Company number 11560403

rhys@votano.co

+44 7492 547 546

Definitions

Votano  – The trading name for Rhys Votano Limited, the production company responsible for providing the services in this contract.

The Client – Any company, organisation or group soliciting the services of Rhys Votano Limited.
Crew – The team at Votano who will be producing the material, including freelancers employed by Votano.

Shoot – The date on which the video footage is captured.

Deliverables – The agreed end result of work as commissioned by the Client in accordance with the quote.

Production

In accordance with the ‘supplied’ quote Rhys Votano Limited hereby agrees, subject to the terms hereof, to perform all pre-production, production and post production services necessary to complete the Deliverables.

The Shoot is the direction and creation of Raw Material based on a 10-hour day including breaks and travel.

Crew members required to complete the Deliverables will be the responsibility of Rhys Votano Limited. Where any additional crew member has been supplied by the Client, Rhys Votano Limited are not liable for their actions or payment.

Reasonable notice must be given by the Client to allow a Crew to be formed – no less than two weeks prior to the start date of the Shoot.

Rescheduling any part of the Shoot is permitted by Rhys Votano Limited where foreseeable adverse weather conditions could impact either the filming schedule or the Deliverables.

Time lost during the Shoot as a direct result of Client actions may have a direct impact on the amount of filming that is possible, and the Production Company reserves the right to alter the shot list or filming schedule as a result.

Persons who are not directly connected with the Shoot i.e. fulfilling a role within either Cast or Crew. Further, the Client agrees that Rhys Votano Limited is within its rights to ask any person or persons to leave the Shoot set or location where it deems such action necessary for the smooth running of the Shoot. Rhys Votano Limited is not liable for any perceived deficiencies in the Deliverables caused by filming difficulties with any Filming Location(s) or third party services (e.g. car hire, equipment, crew) hired and/or chosen by the Client. Further that the Client is liable for any additional costs incurred by re-shooting or Additional Shooting caused by such difficulties or the cancellation or postponement by such service provider(s).

Venue Location Fees & Permissions must obtained by The Client and pay any fees which may apply for Rhys Votano Limited to film at a particular venue, location or event.

Equipment necessary to complete the deliverables will be booked and maintained by Rhys Votano Limited. Whilst all reasonable care and preparation is taken, Rhys Votano Limited will not be liable for any compensation should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Rhys Votano Limited or because of an unforeseen event including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority.

Post-Production

Amendments The Client is entitled to three rounds of amendments on each Deliverable. One major amendment whereby structural changes can be made to the Deliverable as whole, followed by two minor amendments to details. Should further major amendments be required, Rhys Votano Limited are entitled to provide an additional invoice for the services necessary to complete the Deliverable.

Deliverables include but are not limited to Creative Proposal, Script, Storyboard and Edited Videos. Feedback will be supplied in writing via our feedback tool. Any feedback provided verbally or written outside this tool may not be implemented.

Delivery of the content will be in a format appropriate to the final viewing platform.

Client dissatisfaction with the Final Product on creative or artistic grounds does not constitute failure on the part of the Production Company to fulfil its obligations under this Contract, nor does it offer the Client grounds on which to refuse to pay the full Remuneration to the Production Company.

Additional content, is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.

Conditions

Payment 50% of the Agreed Fee will be payable prior to the commencement of the Services (“the Deposit”); and The balance will be payable within 31 days of the date of any interim or final invoices submitted in respect of the Services; and Rhys Votano Limited will not commence any activities until the Client has paid the Deposit. All payments shall be in £ Sterling.

Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances.

Artistic Licence The Client acknowledges and agrees that editing the production of finished works may include elements of artistic expression and interpretation. Rhys Votano Limited reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. Commissioning work to be re-edited is possible in addition to the original agreed Deliverables.

All Materials are used and stored by Rhys Votano Limited solely at the Client’s risk and Rhys Votano Limited is under no obligation to insure any Materials. Neither Rhys Votano Limited nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; Rhys Votano Limited will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Rhys Votano Limited even though such person is present during and involved with the performance of the Services; and The Client must retain a master copy of each and every recording delivered to Rhys Votano Limited for the purposes of the Contract. The Client acknowledges and agrees that upon payment of all outstanding invoices due to Rhys Votano Limited, the Client is entitled to receive the Deliverables, but has no entitlement to the Raw Media of Rhys Votano Limited.

Opinion – The Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by Rhys Votano Limited are solely those of the Client. The finished works are intended to represent the opinion of the Client and in no way reflect the views and opinions of Rhys Votano Limited, its employees and subcontractors.

Communication will be through a nominated member from the Client team and once identified via writing or email, will take responsibility for all of the Client decisions.

Ownership of the Raw Materials including captured video, audio, graphics, animations and Production documents including call sheets, risk assessments, creative proposals, scope or work and production schedules remain the property of Rhys Votano Limited. Rhys Votano Limited reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes. 

Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Rhys Votano Limited will remain the property of the author or legal entity owning the copyright.

Privacy of information received by Rhys Votano Limited from the Client, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.

Risk Rhys Votano Limited reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by Rhys Votano Limited is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged.

Legal Costs The Client will be liable for any legal costs incurred by Rhys Votano Limited in the recovery of unpaid invoices on an indemnity basis.

Liability Limitation The parties acknowledge that, under applicable EU and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Client in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).

Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Rhys Votano Limited with any Client in relation to the provision of Services by Rhys Votano Limited. All work carried out by Rhys Votano Limited is on the basis that the Client has agreed to these Terms and Conditions.

Rhys Votano Limited reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Client has been given 7 days written notice.