Terms of Service
What our clients can expect of EatSleep Media, and what we expect of our clients.
These Terms and Conditions are for your protection as well as ours. Please read them carefully.
1) Copyright (EatSleep Media material)
The Copyright of a final product (audio, video etc) is owned by the client.
Copyright regarding any extra footage, material or content, (often referred to as B-roll or rushes), remains the property of EatSleep Media.
Additional footage or raw materials can be purchased by the client at additional cost.
In all circumstances, EatSleep Media reserves the right to use the footage / material / media, either in sections or in its entirety, for promotional purposes.
2) Copyright (material provided by Client)
In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a EatSleep Media production, copyright must firstly be obtained from the original copyright owner / material provider.
In order for EatSleep Media to use this material the copyright must be explicitly transferred to EatSleep Media, or the material to be provided to EatSleep Media totally free of charge and the client will have to indemnify EatSleep Media against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.
EatSleep Media reserves the right to use the final production in full or part content for promotional purposes.
3) Performers Release usage
At all times EatSleep Media recommends, where clients have sourced their own presenters, contributors or locations, that clients use and enforce performers release forms, filming consents and location agreements..
No discounts or liability will be accepted by EatSleep Media if the production must be re-shot or re-edited due to a Performer refusing permission or there is no formal agreement to film or record at a specific location.
Where EatSleep Media has agreed to arrange presenters, contributors, locations etc, we will ensure relevant consents and agreements are obtained.
4) Payment terms
Our payment terms are strictly 28 days from the date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. EatSleep Media reserves the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme.
5) Approval / amendments of draft footage (1 set of minor amendments)
On the majority of projects, a 'draft 'version of the production will be forwarded to the Client for their review.
This draft may receive two sets of minor revisions only, which is included in the original agreed cost to a schedule agreed beforehand between EatSleep Media and the client.
Failure to submit minor revisions by the agreed schedule may result in delays to the delivery of any final product or incur additional costs at the discretion of EatSleep Media if additional resource is required.
Subsequent revisions thereafter or a major re-edit is at the discretion of EatSleep Media and may incur additional charges at the rate of £ 300.00 + VAT per day or part thereof.
6) Health and Safety
In all instances EatSleep Media will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
EatSleep Media will observe the Client's site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
7) Insurances (people, equipment etc)
EatSleep Media carries public liability insurance cover of £5 million pounds.
We also have comprehensive employee insurance for the protection of our staff and contract workers.
Upgraded specific project insurance cover can be provided if required upon request.
8) Bad weather
In the event of inclement weather, EatSleep Media reserves the right to change the date of filming to a more suitable day EatSleep Media will not allow the safety of the equipment or personnel to be compromised.
9) Aborting filming (on shoot day) or re-shooting due to clients lack of organisation.
EatSleep Media requires at least 48 hours notice of a shoot or filming day being cancelled or rescheduled.
In the event of filming being delayed or aborted due to a lack of organisation from the Client, EatSleep Media reserves the right to charge the relevant days filming costs.
A re-visit to site to carry out further works may incur additional cost.
Should additional resource be required to shoot on a different day, additional costs may be added at the discretion of EatSleep Media.
10) Changing filming dates.
In the event of the Client wishing to change the filming date we insist on a minimum of 1 week notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
Should additional resource be required to shoot on a different day, additional costs may be added at the discretion of EatSleep Media.
11) Equipment substitution / failure.
In the unlikely event that EatSleep Media experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the Senior member of the film crew.
No further claims or liability will be accepted.
All works undertaken will be as per EatSleep Media’s written quotation and agreed brief, provided via email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.
13) Clear access for filming
If filming venues are being organised by the Client, it is the Client’s responsibility to ensure that EatSleep Media has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order/agreed brief.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client.