Terms of Service
Introduction - The following constitutes the formal contract (the “Agreement”) of Fairholme Films Ltd. (hereafter referred to as Fairholme Films) and the Client. Please read the Agreement in its entirety and contact the Fairholme Films if you have any questions or concerns about the Agreement. As used in the Agreement, all references to “you” or “your” or the “Client” refers to the signer of this Agreement. The signature at the end of this document reflects your assent to the terms and conditions of the Agreement. The Project or Service is what is provided by Fairholme Films to the Client. These conditions do not affect your statutory rights.
It is understood that Fairholme Films is the exclusive production company retained by the Client to cover outlined Project. Any conflicts with other video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the Client.
Payment - Client is required to pay 100% of the agreed quote, plus any additional costs incurred during the process of completing the Project, upon the delivery of the first draft of the Project, subject to net 30 terms.
Cancellation - If the Client cancels the order any monies paid to Fairholme Films will be refunded to the Client. This is refundable up until 7 days prior to the agreed filming date. The Client forfeits the monies paid if the booking is cancelled between 0-7 days before the filming date.
On-Location - Every effort it made to ensure perfect colour and lighting but certain conditions such as low light conditions, shadows, flashing lights may effect this. We make every effort to produce the best image possible. Fairholme Films is not responsible for dark or grainy video resulting from inadequate lighting or electrical or mechanical malfunctions on location that are beyond our control.
Client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for Fairholme Films each location, public or private. Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions.
Health & Safety - Fairholme Films & the Client will act in accordance with all relevant health and safety requirements during filming and delivery of the Project(s) or service(s).
Artistic Style - On its own behalf and on behalf of the subject: Client acknowledges that he/she is familiar with the Fairholme Films portfolio and is requesting services with knowledge of the company’s style and that Fairholme Films’s work is constantly evolving; that the Fairholme Films’s services are of a unique and artistic nature; that the video may be different from videos done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create videos consistent with our personal judgment and consistent with our vision of the Project, which may be different from the clients and or the subject’s vision of the Project. Accordingly, Client acknowledges that the Project shall not be subject to rejection on the basis of taste or aesthetic criteria.
Content Ownership - All materials, including but not limited to screenplays, pre-production documents, photographs, raw video footage, video masters music and post-production documents created for the Project are exclusively owned by Fairholme Films. Client warrants that they have complete ownership and/or distribution rights to any graphics, logos, photographs or footage delivered to Fairholme Films for inclusion in the Project.
Upon final payment of the agreed sum, Fairholme Films licenses Client to exclusive worldwide, indefinite distribution rights for the finished content. Client reserves the right to re-edit finished content, however Client must not credit Fairholme Films upon publication and retains no responsibility for its quality. Fairholme Films reserves the right to use any footage, video stills and photographs relating to the Project for public promotional purposes. Fairholme Films will never privately share raw footage or any other documents relating to the Project with any other third party, unless written permission is obtained from the Client. Fairholme Films undertakes to store any content relating to the Project until three months after the completion of the final invoice, at which point content may be stored indefinitely or deleted at the sole discretion of Fairholme Films. When stock materials are used, Fairholme Films will ensure that all proper clearances and licenses are correct for worldwide distribution and reserves the right to charge the Client for any additional stock materials or licenses not specifically included in the quote.
Client reserves the right to request access to any personal data relating to the Client or the Project and reserves the right to rectification, erasure or blocking of any data concerning the Client, whenever such action is justified. Identity theft and the practice currently known as "phishing" are of great concern to Fairholme Films. Fairholme Films do not and will not, at any time, request any personal information relating to the Client or representative unless specifically required for the Project. Client reserves the right to withhold such information.
Liability - If Fairholme Films fails to comply with the terms of this agreement due to any event beyond the control of Fairholme Films, including but not limited to illness, accident, labor disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, Fairholme Films’s liability is limited only to a refund of all monies received.
Traveling Expenses - The agreed quote will include travel expenses, however any further travel expenses resulting from any event beyond the control of Fairholme Films, including but not limited to heavy traffic, public transport disruption, accident, labor disputes, acts of God and other catastrophes will be added to the final invoice.
This is the entire agreement between Fairholme Films and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client.
Governing Law - These Terms of Service are governed by the Laws of United Kingdom.
It is the responsibility of the Client to ensure all people featured in the videos are aware that filming is taking place and their likeness and voice may be recorded and included in final video footage that may be used for purposes as mentioned above.