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Film.Maker.Dave
Terms and conditions.

Workdays & Overtime. 

A standard working day is 11 + 1; this excludes driving hours.  

 

Overtime will be calculated by either dividing the daily rate into an hourly rate or taking the agreed hourly rate and multiplying that by 1.5 as per APA & BETCU rate standards.

 

Overtime for each hour will be added to the invoice at the end of each day. 

Lunches, Film.Maker.Dave is entitled to a minimum of a 20-minute to a maximum 1-hour lunch break, depending on working hours. 

Location scouting fees will be agreed, if required.  

Briefs.

To avoid any confusion regarding the task at hand,  a clear brief must be given to Film.Maker.Dave to avoid any disappointments or confusion on the day of shooting. 

 

Important information to relay:

 

  •  Location or locations for the shooting day.

  •  A clear brief of creative look from both a camera and lighting perspective; references are ideal from a lighting perspective, and clear briefs will be required from a camera perspective in terms of key elements, key shots, and key filming Styles

  •  Detailed instructions for any pre-production required for said Project.

 

Contracts.

All contracts must be presign by client/producer before Film.Maker.Dave receives them; if the contract is not pre-signed by client/producer, Film.Maker.Dave will notify client/ producer.  

 

If client/ producer does not sign the contract 5 days before the agreed working date, Film.Maker.Dave has the right to define the project.

 

All contracts must have the following information. 

  • Agreed payment in a daily or hourly breakdown. 

  • Allocates a days for shooting.

  • A full address or addresses for shooting. 

  • Full invoicing detail, such as email address, mobile & or Telephone, a full billing address. 

  • The agreed time frame for payments is the standard 30 days. 

 

Payment Terms.

All payments will be made within a standard 30 days (including weekends) upon receipt of an invoice from Film.Maker. Dave.

 

Invoices shall consist of the agreed hourly or daily rate for said working days and all agreed expenses by the client or producer.

 

Any expenses id not provided will include any food & hydration, but during said production any travel expenses which, if needed, shall be given a full breakdown. 

 

Travel Expenses. 

Client/Producer shall receive the agreed day/hourly rate; travel expenses, if driving, Client/Producer will be charged at the standard HMRC pence per mile. 

 

Film.Maker.Dave will also provide a breakdown of said mileage with not only proof of mileage & a postcode evidence of travel. 

 

Or if Film.Maker.Dave has not used his personal vehicle to travel to and from agreed locations and is using public transport, Film. Maker. Dave shall provide and be reimbursed for all and any use of public transport, including buses, taxis, trains, and planes.

 

Film.Maker.Dave shall provide any necessary receipts to prove use of public transport.

 

Cancellation.

If the client/producer cancels with less than  120 hours before the agreed days or hours of work, FilmMaker.Dave is entitled to claim 25% of his daily or hourly rate or the agreed amount between the client/producer. 

 

If the client/producer cancels a shoot 72 hours or less before the agreed days or hours of work, FilmMaker.Dave is entitled to claim 50% of his daily or hourly rate or the agreed amount between the client/producer. 

 

If Film.Maker.Dave has booked accommodation or public travel,

 E. G., train, bus or plane.

 

And the client or producer does not notify Film.Maker.Dave within 120 hours or less, Film. Maker.Dave is entitled to claim the expense back from the client or producer. 

 

Late Fees. 

Late Fees will operate under a 3 Phase system, in accordance with the Late Payment of Commercial Debts Act 1998.

 

Phase 1 - A Gentle Nudge.

  • Checks - Film.Maker.Dave will check both the invoice due date and the contract payment term to assess whether the invoice is overdue. 

  • Resend copy - An Email shall be sent to the client/producer with a fresh invoice stating that the invoice is overdue and must be paid within the next 24 hours or within 14 days. 

Phase 2 - A Formal Escalation & Late Fees. 

  • At 15 days overdue, Film.Maker.Dave will apply a Statutory 8% interest on top of the Bank of England base rate. 

  • As well as a fixed penalty charge, which, depending on the size of the debt, E.G:

  1.  Under £1000 = £40 

  2. £1000 - £9.999.99 = £70 

  3. And anything £10.000 or more = £100

  • Client/Producter shall receive both a new Invoice with the updated 8% interest and fixed penalty, alongside a final warning that said invoice must be paid within the next 7 - 14 days of receiving said warning and new invoice.

Phase 3 - Legal Action. 

  • Film.Maker.Dave will file a Small Claims case for the full amount owed and to have legal fees covered.

  • If required, the services of enforcement or debt recovery specialists will be used if the client or Producer either refuses or ignores the judgment made against them.

Data Transfer & Storage.

All data recorded by Film.Maker.Dave will be transferred onto an external hard drive or SSD of the client or producer. If Film.Maker.Dave has had to buy an SSD or external hard drive to supply to said production, that shall be reimbursed as an equipment expense.

 

 If any data must be either transferred or uploaded onto a cloud-based storage system, in this case Google Drive, any data to the client or producer's job shall be stored there for a minimum of 48 hours to allow downloads.

 

However, if the client or producer fails to inform Film. Maker. Dave of the completion of the download after the minimum 48 hours of upload, there will be a data storage charge of 5% of the total daily or hourly rate from the invoice; this charge will be applied every 24 hours until the client or producer informs Film.Maker.Dave of the completed transfer. 

 

 

Copyright.

Any content shot by Film.Maker.Dave is allowed to be used in a promotional context on a client-to-client basis, for example, using key camera work or cinematography for showreel use. 

However, in saying this, client/producers will have the right to view said showreel before any releases, client/prodcer are also welcome to allocate a release date to work within their release schedules for said project.

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