Terms & Conditions
Last Updated: 8th January 2019
1. Definitions & General Terms
In these Terms and Conditions, the words ‘Route Nine Studios’, ‘we’, ‘us’, ‘our’ and ‘ours’ refer to Route Nine Studios, a UK registered partnership. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. This contract is formed between the Client & Route Nine Studios once the non-refundable booking fee (min deposit of 50%) has been received.
These Terms and Conditions apply to all video and associated audio product created by Route Nine Studios, including all moving and still images and sound recordings of whatever form. Should Route Nine Studios choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of our rights.
2. Pre-production requirements
It is the Clients 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 video production unless otherwise agreed in advance and signed off by the Client and Route Nine Studios. No liability will be accepted by Route Nine Studios for any delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a Route Nine Studios product, permission must be obtained by the client from the original copyright owner / material provider. The client undertakes to indemnify Route Nine Studios against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
A full production brief must be signed off by the Client before production work begins.
3. Production and post-production
All works undertaken will be as per Route Nine Studios written quotation based upon the agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our current daily rates.
Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day and permission to capture footage and audio unless otherwise agreed in advance and signed off by the Client and Route Nine Studios. Delays in production as a result of inadequate access or facilities may incur additional charges unless otherwise agreed in advance and signed off by the Client and Route Nine Studios.
Route Nine Studios takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. Route Nine Studios will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
Route Nine Studios carries public liability insurance cover of five million pounds. A copy of our insurance certificate can be provided upon request. Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.
5. Adverse weather conditions
In the event of inclement weather which, in our opinion, would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
6. Client delays
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, we 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).
7. Changes to the filming schedule
In the event of the Client wishing to change or cancel the filming date we require a minimum of 4 weeks’ notice (or 3 months’ notice in the case of wedding films). Failure to comply will result in the Client becoming liable for all costs associated with the original scheduled dates. Booking fees are always non-refundable.
8. Equipment substitution
In the event that Route Nine Studios experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.
9. Approval / amendments of draft footage
Unless otherwise agreed, the Customer accepts Route Nine Studios decisions on creativity within the product(s) or service(s) in line with the production brief.
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Subsequent revisions or significant re-edits will be charged at a rate of £300 per day or part thereof.
10. Project duration and delivery
Any indication given by Route Nine Studios of a project’s duration is to be considered by the customer to be an estimation. Route Nine Studios will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client.
Route Nine Studios will not under any circumstances be responsible for any loss, damage or costs arising from the service or late, erroneous, or non-delivery of the product.
In the unlikely event of Route Nine Studios being unable to supply the product(s) or service(s) as specified in the order, liability shall be limited to the total invoice value – or monies already paid by the Client less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief.
Route Nine Studios asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Route Nine Studios and is protected under UK law.
13. Usage licence – Rights to the Use of Project Content
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage 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 Route Nine Studios 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.
We retain all rights to the usage of footage and audio captured during the production of any client-commissioned project. As part of our video & film production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition:
Route Nine Studios retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
Route Nine Studios assigns to the Client a licence to use the video production 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 this is expressly agreed in writing.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
14) Data Protection
The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of Route Nine Studios supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection. Route Nine Studios reserves the right to use extracts from the finished production for publicity purposes. The client will notify those attending the event that they may be recorded on video cameras and that their audio may be captured, and that by attending they give their consent to being recorded.
15) Care and Damage to client property
Whilst every care is taken in the handling of the Client’s property, no responsibility whatsoever will be accepted for any loss or damage, however caused, or any other loss by unforeseen circumstances whilst they are in the custody of Route Nine Studios. Liability for such loss or damage will be limited to the replacement cost/cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
16) Retention of Customer Material, Footage and/or Audio
Route Nine Studios retains the right to destroy all client video material, footage and/or audio upon handover of the final product(s) including but not limited to final products, raw footage and audio recordings.
17) Additional Costs & Expenses
The client shall be liable within the final invoice for any additional expenses including but not limited to; parking fees at filming locations, travel costs to, between and from filming locations, hotels while on location and any additional charges relating to the completion of the project at the client’s request (e.g. additional music licences) otherwise agreed in advance and signed off by the Client and Route Nine Studios.
Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.
We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Route Nine Studios reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client and Route Nine Studios under UK law.