These video production terms and conditions are in relation to business and work carried out by Ray Bird – trading as ‘RareBird Media’.
RareBird Media Terms and Conditions of Contract Video Production
For invoices under £2000, unless agreed otherwise in writing, 25% of the project cost as a deposit, must be paid after terms of contract are agreed. The remaining balance shall be payable on delivery of the final product.
For projects over £2000, a deposit of 20% will be required on confirmation of order. RarreBird Media will issue an initial invoice for the deposit and a further invoice on successful delivery of the final approved product to be paid immediately unless stage payments have been agreed.
If payment is not received within 30 days of the invoice date, RareBird Media will automatically charge interest at a rate of 8% per annum, which will be added to a re-submitted invoice.
Payment may be made by bank transfer or cash. We do not accept cheques.
The customer’s requirements must be clearly approved by the client in writing before
commencement of work and subject only to one set of minor alterations thereafter.
Major alterations to a project, not agreed prior to the commencement of work, must be
made subject to a further written agreement.
A project will only be publicly released by RareBird Media once the customer approves all contentas complete and satisfactory.
A customer may terminate the contract at any time by written notice of termination.
When a customer terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by RareBird Media unless any other written agreement is reached in advance.
Any monies (excluding the deposit) held on account and unused will be returned subject to a 5% administration charge.
RareBird Media reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal.
Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the “unsuitable” information, its inclusion may be considered.
RareBird Media cannot be held liable for loss or damage caused as a result of third party action or failure.
The client shall provide appropriate security arrangements for any filming outside of the United Kingdom for which RareBird Media provides crew or equipment and such arrangements shall be notified to RareBird Media in writing in advance of travel to that jurisdiction.
RareBird Media cannot be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Customer contracts may be modified by agreement in writing at any time to add or delete services to better fit the customer’s needs.
If a project requires additional content this 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.
RareBird Media will not commence work on any project until the emailed estimate has been agreed. In consideration of, and subject to, the final payment of full fees due to RareBird Media by the customer, RareBird Media hereby assigns to the customer with full title guarantee all the present and future copyright and other intellectual property rights howsoever arising in the content.
Any confidential or proprietary information which is acquired by RareBird Media from a client company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law. If required, RareBird Media will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
Any contract requiring RareBird Media to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with RareBird Media.
RareBird Media office hours are 10.00 a.m. to 6.00 p.m.
Any claims must be made in writing to RareBird Media within 7 days of receipt of goods. If no
claim is made within this period the client is deemed to have accepted the goods at the
Should the customer have cause to make any complaint about service or programmes the
complaint, if put in writing, will be acknowledged by RareBird Media within 7 days and a detailed reply will be issued to the customer within a further 14 days thereafter. In cases of complaint, all relevant work together with invoice and original materials should be returned to RareBird Media.
RareBird Media shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to RareBird Media elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Performers Release usage
At all times RareBird Media advises and recommends its Clients to use and enforce Performers Release Forms. RareBird Media will accept no discounts or liability if the production must be re- edited due to a Performer refusing permission to show their image or use their audio in whatever form.
Copyright (material provided by client)
In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a RareBird Media production, copyright must firstly be obtained from the original copyright owner / material provider. In order for RareBird Media to use this material the copyright must be explicitly transferred to RareBird Media or the material to be provided to RareBird Media totally free of charge and the client will have to indemnify RareBird Media against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.
Health and Safety
In all instances RareBird Media will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
Clear access for filming
If filming venues are being organised by the Client, it is the Clients responsibility to ensure that RareBird Media has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.
RareBird Media Intellectual Property
Our post production techniques and workflows have been developed over many year and are considered our own Intellectual Property. To protect thatRareBird Media does not release editing, audio or graphics workstation projects or sequences to clients, for example FCP, Premiere, Avid, After Effects, Photoshop or ProTools. We will however provide the client’s the raw camera footage if requested.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order or acceptance of an online estimate.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client.