1 DEFINITIONS

In these conditions:

‘James Harrison’, ‘the company’, ‘we’, ‘us’, ‘ours’, or ‘our’ refers to James Harrison, including any other person or company acting as an authorised representative or lawful agent of James Harrison.

‘Client’, ‘you’, or ‘yours’ refers to the person, business or company from whom orders for work are received and with whom James Harrison enters into a lawfully binding contract. These Conditions’ means the standard terms and conditions of service and supply set out in this document and includes any special terms and conditions agreed in writing between us and you.

The ‘Services’ means the services to be provided to you as set out in our estimate.

The ‘Goods’ means the goods (including any installment of the goods or any parts for them) which we are to supply in accordance with these Conditions.

‘Month’ means a calendar month

‘Writing’ includes any communications effected by, electronic email, facsimile transmission, or any comparable means.

2 RATES AND HOURS WORKED

2.1 The daily rate agreed is based on a standard production workday which is up to 10 hours including a 1 hour meal break. An additional meal break is required after the 10th hour. Work performed over 10 hours will be billed at one and one half hours of the of the hourly rate of a 10 hour workday up to the 14th hour. Hour 14 and beyond will be billed at double-time of the hourly rate of a 10 hour workday. Overtime will be billed in 1/4 hour increments.

2.2 There are no half day rates charged.

2.3 Travel days are charged at the half day rate of a stand production workday. 

2.4 The daily rate will be agreed between the company and the client in writing prior to the production shoot day. 

2.5 We are within our right to increase / decrease our rates at any time but will not make pricing modifications during the course of an ongoing project.

2.6 For Charity work we are happy to offer a 10% reduction to our fee where applicable.

2.7 The company currently does not charge VAT.

2.8 The daily rate does not include expenses. Expenses will be outlined separately on the invoice.

3 TERMS OF PAYMENT

3.1 Pay all invoices within 30 days of the invoice date.

3.2 At our sole discretion we are entitled to add a 10% late fee per calendar week of the total amount of the invoice, inclusive of any prior late fees, extending for an indefinite period until the invoice is paid in full. This charge will be added at 9am on the first day the invoice is overdue, then every subsequent 7 days.

3.3 At our sole discretion, we may insist that you pay a deposit or the full amount when the order is placed or at some time before goods are delivered or collected or services completed.

3.4 You will reimburse us for any legal or debt collection costs taken against you (including taking advice from a solicitor or barrister, charges made by a debt recovery agency, or time spent and costs incurred by our employees and/or directors in preparing and pursuing legal action) to recover monies owed by you.

3.5 All footage created/filmed by James Harrison remains the copyright of James Harrison. It is licensed for use for 30 days of invoice date without payment, Following that date the footage is no longer licensed for usage in any circumstance until payment for services is received. In the result of non-payment, James Harrison reserves the right to order the removal of footage/content from any use.

4 CANCELLATION AND POSTPONEMENT

4.1 Every effort will be made by James Harrison to be flexible and understanding in relation to the changing nature of production schedules, however, for advance bookings that have been confirmed in writing by the client, the following cancellation terms apply:

Cancellations within 24 hours of job start date – 100% day rate charge applicable.

Cancellations within 48 hours of job start date – 50% day rate charge applicable.

4.2 If a shoot is cancelled on the day or we are already on location all incurred costs & expenses due to cancellation will also be chargeable to the client.

4.3  In the event of a ‘force majeure’ where we are prevented from working, we are not liable for any breach in contract. Such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, floods, war or acts or threats of terrorism.

4.4 If poor weather prevents a shoot, we will do our best to reschedule as soon as possible. In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time. In the event that weather prevents us from attending a shoot, the Client will not be liable to pay the agreed fee. If we are in place and able to work, but the Client cancels the shoot, the Client will be liable.

4.5 In the event that the company experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the company, and no further claims or liability will be accepted.

5 EXPENSES

5.1   General expenses incurred during the project, such as travel, accommodation and food shall be paid for by the Client. If expenses are likely to be significant, we may require the Client to pay the full amount of the expected expense in advance. 

5.2   Meals of a reasonable value away from our usual workplace are included.

5.3   Travel mileage is charged at fixed flat rate of 0.45p per mile, per vehicle.

5.4   Hired in equipment will be charged to the client. The equipment that we own comes included in all our pricing structures as standard. If additional specialist equipment is required and isn’t an item that we own already, we will hire this in from a provider of our choice.

5.5   Where extra expenses are incurred, either as a result of alterations to the original brief or otherwise at the Client’s request, we expect the Client to cover these expenses. 

6 INSURANCE

6.1 James Harrison has annual public liability insurance cover to the value of £10,000,000 and has all-risks insurance cover for owned and hired camera equipment.

6.2 James Harrison is not liable for any extra equipment hired by the client outside of our prior agreement. 

7 HEALTH AND SAFETY 

7.1 If we feel that it is not safe to conduct any aspect of the filming, we reserve the right to decline working. 

8 OWNERSHIP AND USE OF MATERIAL

8.1 We will not provide footage to any third party without written consent from the primary client we are in contract with. 

8.2 We reserve the right to use any completed video and original footage obtained during the project for our own promotions. (Including online portfolio, online marketing, showreel and promotion via social media platforms etc.) unless otherwise stated by the client.

9 CONTRACT

9.1 By verbally or non-verbally agreeing to a costing / project proposal and opening into contract with us, the Client is therefore agreeing to all the above Terms and Conditions on behalf of their department or company. This is a perpetual contract for all future work carried out unless otherwise specified.