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852 RECORDINGS TERMS & CONDITIONS

852 Recordings Terms and Conditions

 

Definitions

"Producer" refers to 852 Recordings, a sole proprietorship business registered under James Mensah in England and Wales.

 

"Client" is the person, company, or organisation invoiced for the Producer's services.

 

"Media" includes video, audio recordings, music, voice-overs, and other works that may be reproduced.

 

"Reproduction" means copying, editing, distributing, broadcasting, or any other use of Media in whole or in part.

"Session" - Any and all booking dates made by the Client and services carried out by the Producer.

 

Copyright

The Client acquires non-exclusive, perpetual rights to use the Media created under this Agreement for their internal and external business purposes, including but not limited to marketing, advertising, and promotional activities. The Producer retains full worldwide copyright ownership of all Media and reserves the right to be credited as the author of the Pictures under UK copyright law. Any usage of the Media beyond the scope specified in the invoices or this Agreement requires prior written consent from the Producer.

Usage Rights

Unless stated on the invoice, the rights granted to the Client are non-exclusive and non-transferable. The Media may not be altered without the Producer's prior written consent.

 

Payment

The Client is required to settle the invoice in full at least 24 hours before the start of the shoot. In the event the Producer grants permission for the Client payment of the invoice after the session, full payment is required within Three (3) working days after the session. During this time, the Client is not granted any rights to reproduce, publish, or use any Media produced during the session. Failure to pay the invoice constitutes unauthorised use and infringement of the Producer’s copyright. Overdue invoices allow the Producer to charge statutory interest, cancel this Agreement, and pursue legal action to recover damages. The Producer reserves the right to suspend services and notify third parties for collection of the payment if any invoice becomes overdue.

 

Production: Fees and Deposits

The total cost of a session is normally to be paid in full 24 hours prior to the scheduled start time. On the occasion the Producer accepts to take a deposit payment instead, to book a session date, the Client must pay a minimum Fifty Pounds (£50.00) non-refundable deposit to the Producer at least 24 hours in advance. The size of the deposit may vary depending on the job contracted.

 

Cancellations

Cancellations over 2 working days before the date receive a full refund.

If the Client cancels less than 24 hours before the shoot, they will receive a maximum 50% refund of the total cost (if full payment of the invoice was made prior). If the Client fails to appear for the scheduled session, no refund will be provided.

 

Delivery

The Producer will deliver the final Media digitally within 5 working days after the production session, or other timeline mutually agreed upon. Any issues must be reported within 7 days, or materials will be deemed accepted. The Producer must receive full payment of the invoice balance within 3 working days of the end of the session date. The Producer reserves the right to withhold all Media until the full balance has been paid. In the event that the Client fails to settle payment or the full balance within 14 days after the session date, the Producer reserves the right to cancel the agreement without returning the Client's deposit payment. Any Media created during the session will be deleted from the Producers storage device.

 

Media Archiving

 

The Producer will archive files for a maximum of one month after the shoot date. The Client must request archived Media within One calendar month of the shoot. The Producer is not obligated to store files beyond One calendar month after initial delivery to the Client. It is the Client's responsibility to securely store the delivered Media once received. Once confirmation of receipt has been made by the Client, the Producer has no further obligation to store the Media for longer than 28 calendar days after confirmation.

 

Releases

 

For any Media featuring recognisable individuals, the Client is responsible for obtaining all necessary releases for the specified use.

 

Confidentiality

 

The Client agrees to keep confidential any business information shared by the Producer, including pricing, customer data, business plans, etc.

 

Liability

 

The Producer is not liable for any damages arising from the Client's use of the Media. The Client

indemnifies the Producer against any claims resulting from unauthorised use.

Complaints

If the Client has any complaint about the Producer's work, the Client will notify the Producer in writing within 10 days of discovery of the issue to give the Producer the opportunity to investigate the complaint and determine if corrective action may be taken.

The key aspects this covers are:

  • Requiring complaints to be submitted in writing

  • Setting a timeframe for the client to submit complaints after an issue is discovered

  • Giving the contractor notification and a chance to investigate complaints

  • Leaving open the possibility of corrective action if warranted by the Producer

Governing Law

 

This Agreement is governed by English law. Disputes will first be handled by negotiation, followed by confidential binding arbitration if required.

 

 

James Mensah T/A ‘852 Recordings’. ® All Rights Reserved.

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