TERMS AND CONDITIONS
If you choose to work with us, you will be sent a Production Agreement which will include the following
Terms and Conditions for you to read, sign and return to us. We are happy to amend some aspects of the below factors based on your needs, but our standard Production Agreement will normally look something like this:
By hiring us to create your video, you will be making an agreement between yourself ("Client"), and Unexplored Films (“Producer”).
To be agreed upon by both parties in writing prior to production, with a number of shoot days and edit period agreed. Producer agrees to send each cut of the film to the Client for edit notes, and Client agrees to respond in a timely fashion.
To be agreed by both parties in writing prior to production.
BUDGET OR RATE CARD
This will be agreed upon before production begins by both parties in writing prior to production, and will either take the form of a LUMP SUM (our normal method where we calculate a one-off cost) or, if the client prefers, can be calculated using our RATE CARD, which we are happy to supply upon request.
The Lump Sum method is best if you want to know what you are spending up front, such as when you have a fixed budget in mind. This will normally include:
Any pre-production required
All filming on the shoot day(s) and any related expenses
The first cut of all film(s), referred to as V1, including footage logging, selects, editing, inclusion of any pre-filmed elements requested, sound mix, music licensing if from one of our regular libraries, colour grade, exporting.
Digital delivery of the finished films
One round of requested edit changes to each film (if required), referred to as V2
This will normally not include:
Any additional requests after the above work has been carried out, such as additional films requested to be made from the same footage or further rounds of edit changes after V2. These would be charged at an hourly rate, available on request.
Any stock footage you may wish to purchase for your edit, if from outside our regular libraries
Any specific music licensing you may wish to purchase for your edit, if from outside our regular libraries
Raw footage and project file (these are not considered part of the finished films and can therefore be requested separately for an additional fee).
The Rate Card method is more like a 'taxi meter' depending on what is needed, and therefore makes a budget harder to confirm in advance as a fixed rate. This option means we will charge based a tally of shoot days, edit days, any additional crew's individual costs, overtime hours, edit amends hours, all expenses and several other factors. The expenses we would be likely to add to our invoice based on this method are outlined below:
Any costs that Producer may incur and will bill the Client (if applicable) will be agreed in advance, and can be provided as an estimate if requested. These may include, but are not limited to:
Additional equipment hire
All travel to and from base (Banbury, Oxfordshire). Travel by rail, air or taxi (unless covered by the client) will be charged at cost. Travel by driving own vehicle will be charged at 0.45p per mile. An estimate of this can be provided separately if applicable.
Accommodation and subsistence (unless covered by the client) are charged
at cost. An estimate of this can be provided separately if applicable.
Music licensing (if applicable, after discussions during the edit process).
VAT (VALUE ADDED TAX))
Unexplored Films is VAT registered in the UK, so we need to charge this at 20% on top of our costs. This may not apply for overseas jobs, as place of supply is deemed to be where the customer is based.
For international or first-time clients, 50% of the budget will normally be billed in advance as a deposit, and will need to be received by Producer in order for dates and crew to be booked and for the job to go ahead. The remainder will be billed once the agreed work is completed.
For international or first-time clients where materials are to be delivered via online upload, the remainder of the budget will need to be paid before we release the materials. This protects us against customers who we do not yet have a familiar working relationship with receiving their assets and delaying or denying payment.
For regular clients, 100% of the budget will normally be billed after the job, though for large budgets a deposit might be asked for.
In all of the above scenarios, additional invoices would be submitted for any further requested changes / versions after the initial work agreed upon.
The Client understands that:
Payment for a standard invoice (billing for work already carried out) is required within 30 days of submission
Payment for a deposit invoice is due immediately upon receipt, normally within 5 days
For any late payments, Client may be charged interest at the rate of 8% above bank base rate for late payment of invoices until paid, compounded monthly.
In addition, Late Payment fees may also be charged for each outstanding invoice in accordance with the Late Payment of Commercial Debts Regulations 2002. You can see how the Producer charges for late payments here:
Producer will use Unexplored Films' own camera, sound and lighting equipment to carry out the shoots unless arrangement has been made with Client to hire equipment. Producer’s equipment is insured for worldwide use.
See our regular equipment list here.
SOCIAL MEDIA / PUBLICITY
During the Client’s shoot, Producer may occasionally take still photos or video clips to advertise the range of services they offer and may use this material on Unexplored Films' website and social media. If the Client would prefer this not to happen, they may request to 'opt out' of this by written agreement if it is made prior to the shoot, and Producer will agree to honour this by not creating / sharing these elements.
Client agrees to notify Producer of a cancelled shoot day at least 24 hours before the shoot was due to begin (excluding any Force Majeure or ‘Acts of God’ incidents beyond reasonable control). A notification of cancellation later than 24 hours before the shoot was due to begin may result in Client being charged a cancellation fee of half the planned day's rate to offset the cost of a lost work day.
Producer will arrange any music rights permissions and clearances unless Client requests otherwise. At the client's request, other types of music rights and usage may be used, and may result in a fee, to be reimbursed by the Client if first agreed upon by both parties in writing during the editing process.
During the edit process Producer may occasionally suggest adding some stock footage or elements (that would be too difficult or expensive to film) to help Client tell their story most effectively. Producer uses stock footage sites for this and can add watermarked clips into the edits for the Client to review without charge. If the Client wishes for these clips to be purchased and included, Producer will normally add this cost to their invoice unless other arrangements have been made.
Producer may request their logo be included at the end of the film to promote their services (normally if the project has been filmed on a reduced or low rate). Unless this is negotiated before the project at the budget stage, Client has the right to deny this if they would prefer Producer’s logo not to appear onscreen.
Client will have the sole and ultimate approval over all aspects of the film(s).
Once approved, the Producer agrees to deliver to the Client the finished film(s) at the technical specifications of 1920x1080p, 25fps, H264.mp4 unless otherwise arranged prior to the edit's completion in writing. Delivery will be digital via an online method unless provision of a hard copy is agreed in writing beforehand, for which an additional charge may be incurred and billed by Producer.
MEDIA AND PROJECT FILE
Client agrees that the budget agreed upon is the price of the finished film(s) alone and does not also include the raw footage / ‘rushes’ or the project file. These are not the end product and are therefore not considered to be part of the finished film(s). As they could be used to amend or change our own hard work without us, we (the Producer) believe it is fair to charge separately and proportionately for these assets.
Producer agrees to store all original raw footage that has been filmed for the project for a period of 30 days from the project’s completion and delivery to the client.
Client may request a copy of the original media and/or project file during this time if they require them, and Producer agrees to supply them for an additional fee to be agreed in writing, provided that a suitable transfer method and any costs associated with said transfer method are covered by the Client.
After the 30 day period, Client may still request these assets with the same arrangement as above, but Producer cannot guarantee they will still be available.
OWNERSHIP AND USAGE
Upon receiving full payments and reimbursements for work carried out, Producer agrees that the Client owns the finished films(s).
Client agrees that the Producer owns the original raw footage and may use it for any future publicity, work examples or promotional showreels. If the topic of filming is sensitive or confidential, the Client may request to 'opt out' of this by written agreement if it is made prior to the shoot, and Producer will agree to honour this by not using these elements for promotional purposes.
Client agrees to come to Producer first if future work is needed using the same footage. Producer shall have a 10-day right of first negotiation to offer services again.