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Terms and Conditions
This is a legally binding agreement between Dragontree Digital Media and you. You have engaged the videography, photography and/or media production and development services of Dragontree Digital Media based on the terms below. These terms were voluntarily agreed to by you and Dragontree Digital Media and will be the terms and conditions that apply on each occasion Dragontree Digital Media provide our services to you, unless the agreement has come to an end.
1. Photography Services & Payment:
1.1 You acknowledge that Dragontree Digital Media is qualified and licensed to provide our services to you. These services may include the operation of cameras and various other production equipment by Dragontree Digital Media and/or professionals chosen and subcontracted by Dragontree Digital Media.
1.2 In providing the services to you Dragontree Digital Media has agreed to operate necessary equipment and/or production techniques to carry out the work to the highest standard in-line with agreed requirements.
1.3 Dragontree Digital Media will provide our services to you, as and when required, for the fee provided to you in any quotation (in writing or orally) provided to you by Dragontree Digital Media. That quote will form part of the terms and conditions of this Agreement and will reflect the service rates and fees disclosed by Dragontree Digital Media, which may change from time to time. If no quote has been provided then work is to be assumed and undertaken at the rate of £350 per day.
1.4 If you expressly communicate (by your words or conduct) that you agree with any quotation for services and/or agree for Dragontree Digital Media to provide the services, you will be communicating your acceptance of the quote and will be required to pay for Dragontree Digital Media services.
1.5 You agree that Dragontree Digital Media is entitled to request payment of a deposit of 40% for any quotation that exceeds $1,000.00. That deposit must be paid to Dragontree Digital Media within 5 days prior to performing the services. Any request for a deposit will be set out in Dragontree Digital Media quotation provided to you for the services.
1.6 If Dragontree Digital Media incurs additional costs in performing the services, those fees will be included in the final quotation for services provided to you; or, if incurred unexpectedly, Dragontree Digital Media will be required to include these in the final invoice. These costs may include parking fees, traveling costs outside of Devon, postage, accommodation, entry permit/consent fees, council charges and hire fees.
1.7 You acknowledge that in providing the services Dragontree Digital Media may require access to specific non-public areas. You undertake and agree to reimburse Dragontree Digital Media for costs in obtaining any additional relevant licences, permits and consents.
1.8 You acknowledge that Dragontree Digital Media will not be responsible or liable for any delays in obtaining such consents/permits. Dragontree Digital Media may refuse to provide the services until such time as the relevant consents/permits have been granted and you will extend the timeframe for completion of services if necessary, to obtain the relevant consent/permit.
1.9 Upon completion of the services, Dragontree Digital Media will issue you with a Tax Invoice and will require payment of that invoice within 14 days, unless we have agreed otherwise. If you fail to pay by the due date, Dragontree Digital Media can stop performing the services, withhold any media and/or charge interest at 7% per annum (calculated daily) for all late payments.
1.10 You are aware that Dragontree Digital Media services may be restricted to the availability of premises, tools/equipment, staff or agents; or might be interrupted by unpredictable events such as weather. Where possible, all reasonable steps will be taken by Dragontree Digital Media to provide the services within the timeframe agreed; and you agree not to hold Dragontree Digital Media liable and to indemnify Dragontree Digital Media, for any such delay.
2. Delivery of media [final videos, photographs and various media]:
2.1 Dragontree Digital Media will attempt, but does not warrant, to deliver edited videos and photographs (in the highest possible quality, up to 4K where possible), delivered to you via WeTransfer.com, FileMail.com or similar online upload and download services, or any other web based file sharing system agreed to before undertaking the work. Physical delivery is an option (USB delivered to your postal address via an agreed postal service, or other agreed upon physical delivery formats).
2.2 If you are not satisfied with the services, you must notify Dragontree Digital Media within 48 hours from receipt to enable Dragontree Digital Media to re-perform the services (if required and where reasonably possible). Any alterations required to be made after that period, will be made as though the services were being performed a second time and you will be charged a further charge consistent with the rates provided in the relevant quotation for services and/or as per Dragontree Digital Media website (as applicable).
2.3 Dragontree Digital Media are not required to deliver raw unedited rushes, photos, audio and/or other media at any point unless agreed upon before undertaking the services.
3. Subcontractors:
3.1 You acknowledge that Dragontree Digital Media is an independent contractor, fit and qualified to perform our services, and is not your employee, agent or assignee.
3.2 You acknowledge and agree that Dragontree Digital Media may, from time to time, use the services of a subcontractor. Dragontree Digital Media subcontractors will be instructed to produce the same standard of services as would be expected from Dragontree Digital Media under this Agreement.
4. Intellectual Property:
You and Dragontree Digital Media agree that this clause 4 will continue even after this Agreement comes to an end:
4.1 You acknowledge that Dragontree Digital Media is the author of the media produced [video footage, photographs, etc] supplied to you under this Agreement, being the subject of Copyright under UK Copyright Law. As author, Dragontree Digital Media retains the right to use the photographs for purposes connected to Dragontree Digital Media business, including for advertisement and/or promotion.
4.2 As a Dragontree Digital Media customer, you are entitled to use the media [videos, photographs and/or various other media provided] for the purpose set out in any quotation provided to you by Dragontree Digital Media. You agree to acknowledge Dragontree Digital Media as the author of this media, where reasonable: e.g social media platforms (this doesn’t require relevant tags, but is always appreciated where possible).
5. Obligations:
5.1 You agree to Dragontree Digital Media ‘Customer Obligations’, being that you:
5.1.1 co-operate with Dragontree Digital Media and make available necessary facilities required by Dragontree Digital Media;
5.1.2 provide information and documentation that Dragontree Digital Media reasonably requires for the services;
5.1.3 ensure Dragontree Digital Media has unfettered legal access to any premises required to perform the services and have obtained authority/ permission for Dragontree Digital Media to access, enter and use the premises.
5.1.4 ensure Dragontree Digital Media has permission to film video footage and/or take photograph images of the subject(s) (including persons, buildings, land, landmarks and/or structures), which may involve obtaining a signed “Model Release” from the participant and/or release from copyright where applicable; and
5.1.5 ensure that your staff and agents cooperate with and assist Dragontree Digital Media.
5.2 You and Dragontree Digital Media will agree to uphold all relevant laws applicable to this Agreement and obtain necessary insurances.
6. Limited Liability & Indemnity:
You and Dragontree Digital Media agree that this clause 6 will continue even after this Agreement comes to an end.
6.1 If Dragontree Digital Media has been found negligent in providing the services (except where death or personal injury has resulted), Dragontree Digital Media liability is limited to the fees paid by you for the services.
6.2 Dragontree Digital Media will not be liable for any: interruption, delay or interference to the services beyond Dragontree Digital Media reasonable control; or any damage/loss resulting from your conduct, information or instructions, and you agree to indemnify Dragontree Digital Media for same.
6.3 If in the circumstance you request that Dragontree Digital Media perform the services and Dragontree Digital Media has advised you that (for reasons beyond their control such as fire, flood, wind or storm), it would be unsafe or detrimental to any person or property to perform the services, and you continue to request that Dragontree Digital Media perform the services, you agree to indemnify Dragontree Digital Media for any damage to property (including Dragontree Digital Media property) and/or injury suffered by Dragontree Digital Media or any other person.
6.4 In circumstances where you have supplied Dragontree Digital Media with the camera gear (or other equipment) to be used to perform the services, you wholly indemnify Dragontree Digital Media for the functionality, maintenance and operation of that equipment; and acknowledge that you are wholly liable for any damage or loss arising out of or as a result of the equipment’s malfunction, failure or defect (however slight).
6.5 Dragontree Digital Media will not be liable for damage/loss suffered which is of an indirect or consequential nature.
7. Termination:
Either party can terminate this Agreement by giving 21 days’ written notice to the other party. If you terminate this Agreement, you agree to make payment of all outstanding fees and/or payment of services partly performed prior to termination. Termination may occur in circumstances including: if either party breaches this Agreement and fails to rectify the breach in 7 days; or if a party becomes insolvent/bankrupt at law.
8. Operation of Agreement:
8.1 You agree to not transfer or assign your rights/obligations under this Agreement unless you provide written notice to Dragontree Digital Media (by post or email) and Dragontree Digital Media has accepted the transfer/assignment, in addition to the new party agreeing (in writing) to be bound by these terms.
8.2 Both parties agree to adopt best efforts to resolve any disputes that may arise.
8.3 Where a provision of this Agreement is void/unenforceable, then it will be removed and the balance of the Agreement will be binding.
8.4 This Agreement is the entire Agreement, in addition to any quotation provided to you by Dragontree Digital Media. You agree that you can not rely on any other representation(s).
8.5 The parties acknowledge that the agreement is governed by the laws of the United Kingdom.