Terms & Conditions
1. Scope of these terms
1.1 These terms and conditions ("Terms") apply to all bookings made with Joshua Donaldson (ConsciousFilmCo, Joshua Donaldson Video) ("the Company").
1.2 These Terms constitute a legally binding agreement between the client ("the Client") and the Company, upon making a booking with the Company.
1.3 By making a booking with the Company, the Client agrees to be bound by these Terms.
2. Bookings and Cancellations
2.1 All bookings must be confirmed in writing to ensure that there is a clear record of the agreed arrangements between the Company and the Client.
2.2 The Company will provide the Client with a detailed quote for the services to be provided. The quote will include all fees and any other charges that may apply, such as travel expenses or equipment rental fees.
2.3 To confirm a booking, the Client must provide written confirmation to the Company. This confirmation will serve as acceptance of the quote and agreement to the terms and conditions set forth by the Company.
2.4 If the Client needs to cancel a confirmed booking for any reason, written notice must be provided to the Company as soon as possible. Cancellations made a week or less before a scheduled shoot date may be subject to a cancellation fee of up to 50% of the agreed quote. Cancellations made three days or less before a scheduled shoot date may be subject to up to 100% of the agreed quote. These fees are necessary to cover any expenses and bookings already incurred by the Company, including but not limited to pre-production planning, equipment rental, and crew arrangements.
2.5 The Company reserves the right to cancel a booking at any time for any reason.
3. Invoicing and Payment
3.1 Invoices will be issued at agreed stages of the project or on completion of the project.
3.2 Invoices are due immediately on receipt and will be overdue after 30 days, unless otherwise agreed in writing.
3.3 Overdue invoices will be subject to statutory late payment fees and statutory interest as set out in the Late Payment of Commercial Debts (Interest) Act 1998.
4. Rates and Overtime
4.1 The Company’s quoted day rates are based on 10 + 1 hour days unless otherwise agreed, comprising 10 hours shooting with 1 hour lunch (e.g. 8am - 7pm including a 1 hour lunch break).
4.2 Overtime will be charged for any work outside the agreed hours. Fifteen minutes grace will be granted, beyond which overtime will be charged hourly at a rate of 1.5 times the quoted hourly rate. (e.g. if the agreed daily rate is £500, the hourly rate is £50, and therefore the overtime rate would be £75 per hour.)
5. Intellectual Property
5.1 The Company retains all intellectual property rights for any work created for the Client.
5.2 The Company grants the Client an exclusive, non-transferable license to use the work for the purpose for which it was created.
5.3 The Client acknowledges that any change of use of the work, beyond the purpose for which it was originally created, requires the Company's written permission and may be subject to additional charges.
6. Termination
6.1 Either party may terminate this agreement at any time by giving written notice to the other party.
6.2 If the Client terminates this agreement before the completion of the project, the Client will be liable to pay the Company for any work up to that point.
7. Liability and Indemnity
7.1 The Company shall not be liable for any loss or damage caused to the Client or any third party, except where such loss or damage is caused by the Company’s negligence, breach of contract or breach of statutory duty.
7.2 The Company shall not be liable for any indirect, consequential or economic loss suffered by the Client, including but not limited to loss of profits, loss of business, loss of revenue, loss of opportunity, or loss of goodwill.
7.3 The Client agrees to indemnify and hold the Company harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with any breach of these Terms by the Client or any act or omission by the Client or any person for whom the Client is responsible.