In these Terms and Conditions, the words “Wavelength Studio”, “Wavelength”, “The Company”, “we” “us” “our” and “ours” refer to Wavelength Studio Ltd, a UK registered limited company.
The words “client” and “customer” refer to the party who commissioned the work, and any person or organisation acting on their behalf.
“The work” “works” “content” “product” refer to the still photography, video, animation, audio recordings and graphics of any kind, produced by Wavelength Studio for the Client.
These Terms and Conditions apply to all Works produced by Wavelength Studio for the Client whose acceptance is given by electronic signature, acceptance of a formal proposal or quotation, or issuance of a valid purchase order.
SCOPE OF WORK
The scope of work to be undertaken by Wavelength Studio for the Client, shall be mutually agreed by the Company and the Client prior to any work commencing, and will form the basis of the proposal and/or quotation. Changes to the scope and any associated costs require mutual written agreement.
Upon acceptance of the proposal/quotation by the Client, Wavelength Studio agrees to perform the scope of work agreed, and according to these terms.
PAYMENT
The price for the services shall be agreed before work commences, on a whole-project basis, according to the agreed scope of work, and will not change after it is agreed, provided there are no changes made to the agreed scope of work by the Client.
Wavelength Studio is not required to provide a detailed breakdown of costs or other daily or hourly rates.
Expenses such as mileage, travel costs, accommodation or other incidentals will be calculated prior to production, and factored into the overall project cost.
Where the Client requires onboarding to a formal procurement or enterprise resource planning (ERP) system, this must be completed prior to work commencing.
Where the Client requires purchase orders to be raised prior to invoicing, they must be raised before work begins.
Unless otherwise agreed with the Client, an invoice of 30% the total agreed project fee will be due to secure shooting dates and to commence pre-production. An invoice for the remaining 70% will be issued upon final delivery.
Standard payment terms are 14 days from invoice date, unless otherwise agreed with the Client.
In the case of late payments, Wavelength Studio reserves the right to charge interest and late payment fees according to Late Payment of Commercial Debts (Interest) Act, 1998.
The license to use and distribute the Works produced under this agreement is conditional upon receipt of payment in full, by the due date of final invoice.
INTELLECTUAL PROPERTY RIGHTS
The Client is responsible for obtaining all necessary permissions, licences, and rights required to:
Produce imagery, video and/or audio recordings at locations arranged by the Client. Filming in public spaces will be conducted according to UK law, and guidance set out by the local governing council or film office.
Produce imagery, video and/or audio recordings of performances or performers required by Client to be featured in the work. Completion and storage of consent forms will be the responsibility of the Client.
Include any materials provided by the Client in the Work, including but not limited to: Client logos, branding, trademarked goods, software, archive imagery, video or audio recordings, stock assets or music.
Wavelength Studio will not accept any liability for delays, disruptions or hindrance to production or distribution caused by failure by the Client to secure these permissions.
Where materials provided by the Client to Wavelength Studio are subject to copyright, the Client shall obtain appropriate permission or license from the copyright owner.
The Client indemnifies Wavelength Studio against any possible claims, disputes and/or costs in respect of such material supplied by the Client.
PRODUCTION
Wavelength Studio carries public liability insurance cover of two million pounds. A copy of our insurance certificate can be made available on Client request. If additional insurance cover is required for a specific project, this can be arranged provided adequate notice is given.
Unless agreed otherwise, Wavelength Studio will provide all required filming, photography, and audio recording equipment.
Where specific projects dictate the need for additional equipment rental, these rentals will be arranged, collected, and returned by Wavelength Studio, and any additional costs will be agreed with the Client before production.
When capturing live events, we may require liaison with the venue or appropriate live event audiovisual crew to assist production. The Client will assist and provide relevant contacts.
Wavelength Studio is responsible for providing all required production crew, and in the event supporting crew members are unavailable, Wavelength Studio will arrange adequate substitutes.
In the unlikely event the principal producer is unable to attend the shooting date(s) agreed with the Client, due to unforeseen circumstances, the Client must be informed by the Company, and a substitute may only be made if agreed with the Client, otherwise the shoot will be rescheduled.
Where shooting locations are being sourced by the Client, the Client must ensure clear and timely access to locations throughout the shooting schedule. Any delays or hindrance to the production due to inadequate access or facilities are the responsibility of the client, and additional shooting time may incur additional cost.
Where contributors are being sourced by the Client, the Client must ensure they are punctual and prepared. Any delays or hindrance to the production due to contributors being late or not “camera ready” are the responsibility of the client, and additional shooting time may incur additional cost.
PRODUCTION SCHEDULE AND TIMES
The production schedule, including shoot dates and timings, will be agreed by the Client and Wavelength Studio. Any changes to the shooting schedule must be made in writing and agreed by the Client and Wavelength Studio.
One “shooting day” is defined as up to 8 hours. Unless otherwise agreed, all standard shoot days are treated as a full day. Wavelength Studio does not typically offer reduced rates for days expected to be shorter than 8 hours. Due to the preparation, setup, pack down and travel required, shorter days will generally require a full day commitment from the Company to carry out work to a proper standard. We do not offer a discount if the required shooting is achieved early, or if a shoot “wraps” before the planned end time.
If a shooting day runs into overtime (i.e. greater than 8 hours) for reasons outside our control, the Client may incur an additional cost which will be agreed between the Client and Company before proceeding.
Requests to reschedule or cancel shoot days must be made with at least 3 weeks notice, otherwise the Client will be required to cover 100% of the cost of the rescheduled or cancelled shoot dates.
CANCELLATION
Should the Client wish to cancel a project after production has started, Wavelength Studio will calculate the proportion of the work completed to that point and invoice the Client for this amount. At any stage in production, this will be no less than the 30% of the total project fee.
HEALTH AND SAFETY
The health and safety of both the Client and Wavelength Studio crew are a priority. If at any time it is deemed that a location or production scenario is unsafe, Wavelength Studio reserves the right to cease production until i) it is safe to continue, and/or ii) adequate provisions, e.g. risk assessments and mitigation, have been made by the Client.
For locations with existing site-specific risk assessments including but not limited to factories, laboratories, or other industrial environments containing potentially hazardous materials, machinery or activities, the Client must provide a risk assessment, and assign a responsible person, before production may commence.
Wavelength Studio will act in accordance with relevant health and safety legislation, follow Client site safety rules, and follow Company best practice to ensure health and safety for both Client and Company.
Wavelength Studio can provide a project-specific risk assessment and method statement upon request by the Client.
POST-PRODUCTION
For video production projects, two rounds of revisions are included, for the Client to review and provide feedback on the video edit. If additional revisions, or significant extra editing beyond the agreed scope of work are required, these will be quoted at our standard editing rates.
Wavelength Studio maintains a high standard for our work and conducts thorough quality assurance for every project deliverable. However, it is possible that minor errors may occasionally be missed (for example, spellings of speaker names, logo versions etc). As such the Client agrees to thoroughly review all works submitted to the Client for feedback, and any issues promptly communicated to Wavelength Studio, who agree to remedy such errors at no additional cost.
The Client shall endeavour to provide feedback in a timely manner upon receiving Work to review. If project timelines are delayed due to late feedback, a new delivery schedule will be agreed. Wavelength Studio will make every attempt to reschedule editing work as soon as possible but is not held responsible for delays due to late feedback.
Upon final approval by the Client, the work is considered complete and acceptable, and any future corrections later raised by the Client will be completed at our standard editing rates.
DELIVERY
Unless otherwise agreed, the standard delivery method for Works produced by Wavelength Studio will be online delivery of digital files, typically via Google Drive. Physical delivery (e.g. via flash drive or hard disk drive) may be requested by the client, at the Client’s cost for additional storage media and delivery time required.
Wavelength Studio will make every attempt to meet agreed deadlines and adhere to the production schedule set out prior to production, provided there is clear communication, prompt payment and regular feedback from the Client. In all cases our liability will be limited to the remainder of the agreed total project cost, less any costs already incurred by us for work completed. Under no circumstances will Wavelength Studio be liable for any loss, damage or costs arising from late, erroneous or non-delivery of the work.
CONFIDENTIALITY
For the purposes of carrying out the agreed services, including but not limited to preparatory work involving scripts, storyboards, site visits, location scouting, or producing the final Works, the Client may be required to disclose confidential information. As such, Wavelength Studio agrees to sign any Non-Disclosure Agreement (NDA) required by the Client before production commences.
Wavelength Studio shall obtain prior consent of the Client, before making any statement, or supply information or photograph or trailer, to any third party, relating to the provision of services to the Client by the Company.
“Behind the scenes” images, video and audio recordings depicting the production process are a common form of marketing employed by Wavelength Studio. The Company will only create and share publicly, or with any third party, any such materials with the prior consent of the Client.
COPYRIGHT
Wavelength Studio retains copyright to all source media created by the Company in the production of the Work, such as “.RAW” image files, raw footage, audio recordings, video editing project files, metadata and other “working files”.
Upon completion of the project, provided payment in full is made by the Client, and provided the Client is not in breach of any of the Terms and Conditions herein, the Client is granted a perpetual, worldwide, commercial usage license, for the Works in their delivered form.
This license is granted to the Client only, and the Client agrees they may not sublicense or re-sell the works to third parties for commercial purposes: including but not limited to uploading works to stock photography or stock video websites, or privately licensing images or footage to other businesses or unconnected parties for commercial purposes.
Third parties are, however, entitled to use produced works under editorial usage, when used in a context which promotes and credits the Client, e.g. press articles, news features, industry bulletins.
Wavelength Studio reserves the right to use all or part of any Work produced for the Client for the purposes of demonstration and promotion of the services of Wavelength Studio, in any media format, provided it does not breach confidentiality. In the case of highly sensitive work, Wavelength Studio will obtain Client consent to use only Client-approved parts of the work for these purposes.
FORCE MAJEURE
For the purposes of these Terms, a "Force Majeure Event" refers to any event beyond the reasonable control of the Wavelength Studio, which prevents the Company from performing its obligations under these Terms, including but not limited to “act of God”, natural disasters, fire, flood, storm, or war, terrorism, riot, protests, strikes, industrial action, governmental actions, pandemics, epidemics, or accident.
If the Company is affected by a Force Majeure Event, we shall promptly notify the Client in writing upon the occurrence of the Force Majeure Event, detailing the nature of the event, its anticipated duration, and the effects on our ability to perform our obligations under these Terms.
Wavelength Studio shall not be liable to the Client of any delay or failure to perform its obligations under these Terms as a result of a Force Majeure Event.
GOVERNING LAW AND JURISDICTION
This contract is governed by the laws of England and Wales, and the parties submit to the jurisdiction of the courts of England and Wales.
