Ash Chalk Terms and Conditions
In these Terms and Conditions the words ‘Ash Chalk’, ‘I’, ‘my’ and ‘we’’ refer to Ash Chalk and members of her production crew. The words ‘Client’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all video, photography, written content and audio created by Ash Chalk. This contract is formed between the Client and Ash Chalk once the agreement has been confirmed in writing. By providing me with an Order, the Client accepts these terms and conditions.
It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking.
2. Pre-production requirements
It is the Client's responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final production.
I will accept no liability for delay in delivery of the agreed product if caused by any element which is the Clients responsibility.
4. Approval and Amendments
A ‘first cut’ will be available for the Client to review and comment. The client will then be able to respond with one set of revisions to be made. Additional rounds of amends may be possible but if they differ from the original brief, any additional time will be charged at my standard day rate. It’s the Clients responsibility to respond within a reasonable amount of time with both amends and sign off.
5. Health & Safety
The Client and I will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
I shall issue an invoice to the Client for products or services supplied, or to be supplied. Payment terms are 15 days from date of invoice unless agreed otherwise. In the event of an order being confirmed the Client accepts these terms. Late payment fees will incur charges of 5% per day on all overdue invoices. The Client shall be responsible for collection or legal fees necessitated by late or default in payment.
7. Cancellations and Rescheduling
Cancellation or rescheduling within four weeks of the date will result in a 25% charge of the agreed total. Cancellation or rescheduling within two weeks of the date will result in a 50% charge of the agreed total. Cancellation or rescheduling within one week of the booked date will result in a 75% charge of the agreed total.
8. Weather conditions
In the event of inclement weather which in my opinion would pose a risk to health & safety of my personnel or equipment or has the potential to prevent successful visual or audio capture, I reserve the right to change the date or time of filming to a more suitable date or time.
In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, I reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
I accept no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of not being unable to supply the product(s) or service(s) as specified in the Order, liability shall belimited to the total invoice value – or monies already paid by the Client.
I assert my full rights as copyright owner of all material that has been captured, processed and/or produced by us. The copyright of all produced material is solely owned by Ash Chalk and is protected under UK law.
Where the Client provides material for inclusion in any project, including but not limited to logos, images, trademarks, footage, music and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Ash Chalk against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material
My crew and I retain all rights to the usage of any content we produce during the production of any client-commissioned project. The client is granted a licence for use of that footage subject to the following conditions:
Ash Chalk retains all copyright over any content we produce. We reserve the rights to use any footage and related files from any client-commissioned project in our showreels, online portfolios, social media platforms and for other promotional purposes, unless agreed differently in writing.
Ash Chalk assigns to the Client a licence to use the product in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless agreed differently in writing.
Provided that all monies due to us from the Client have been received as cleared funds, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon confirmation in writing of an order or project. This document shall be taken as an agreement between the Client and Ash Chalk under UK law.