Culture Colony (CC) undertakes to film and edit projects at a reduced rate on the understanding that the client or project (X) commit to the following conditions. 

The films made from the material filmed by Culture Colony or on behalf of Culture Colony will be shown on the Culture Colony web site 

Culture Colony (CC) has shared rights with X to the finished films and Culture Colony has sole rights to the unedited material. 

X may use the finished films as promotional tools as they wish creating links to the item on the CC web site but also including embedding in their own web sites. With written permission (email) from CC the material may be passed on to third parties (such as television broadcasters) strictly for one off promotional use.

X may not commercially exploit the material nor pass on the material to third parties where a payment for its use would otherwise be expected. 

All commercial and television broadcasting use of the material must be conducted through CC. If the use of this material as archive raises more financial income than the difference between the reduced fee and actual fee then the additional income will be shared equally between CC and X (if the project involved a number of contributors then X should undertake to share their portion as they agree with the contributors). 

X agrees that CC may re-edit and re-use the material in other CC projects.

X will undertake to acquire any copyright clearances and permissions that may need to be obtained before any filming takes place. This includes the use of music, visual images including painting, sculpture, photography, installation, performance, etc. (anything termed as 'artwork'), performance by each individual actor in a theatre production or musician in an orchestra, etc. All contributors will be made aware by X that the films will appear on the CC web site. 

Clearance will be obtained before filming takes place by X from relevant parties (parents, guardians, etc.) if children or vulnerable people are to be featured. This will be in the form of written permissions. If permissions are to be obtained on the day of filming or if members of the public are to be made aware of filming taking place (through signage for example) this is the responsibility of X. Again it needs to be made clear that the filmed material will appear on the CC web site.

X will take responsibility for permissions at all locations including obtaining parking for CC crew vehicles as close to the activity to be filmed as possible. Any other logistics need to be identified and discussed with CC before filming takes place. CC reserves the right not to proceed with filming if we perceive conditions have not been thought through adequately. 

Editing. It is worth bearing in mind as a rule of thumb that for every day filming two days of editing are usually required. 

Only logos of organisations contributing to the funding (or part funding) of the video itself will be included at the end of the film. Funders of events and activities being filmed (but not financially contributing to the video or filming) can be thanked in the credits at the end of the film but their logo may not be shown. 

Logos, credits, titles, captions for contributors and other text based information need to be supplied by X electronically (via email as a text document for example) to CC before the edit begins. As text will be copied from the supplied document and pasted into the film it is important that X makes sure that there are no spelling mistakes or omissions in the text. Rectifying mistakes after completion of the edit will incur additional editing and therefore additional cost to X at our normal rate (see below). 

Logos and additional images are to be supplied by X to CC as fully rendered JPEG or PNG files. Other files may not be compatible. If more than three logos are to appear in the same image then X must supply this image fully rendered as a JPEG or PNG file and already formatted to the ratio of 16:9. 

Music beds and soundtracks need to be sourced by X before the edit starts and all clearances for its use obtained. Any payment for the use of third party material such as music and copyright of films and other images used in the film will be made separately to the property owner by X. 

All discussions between CC and X will be through one person at X who will be authorised to make decisions and sign off on the film on behalf of X. It may be helpful if the person nominated by X to oversee the video element of their project can attend the edit in person. 

An approval version of the edited film may be made available depending on the financial commitment made by X to the film itself. This needs to be discussed before CC agrees to undertake the filming of the project. Changes to the edit after completion may incur additional editing cost for X at our unreduced rate. 

Subtitling is an additional service and needs to be discussed separately to the film itself. 

Delivery of finished films to X will be dependent on all other current projects being undertaken by CC. It is understood by all parties that the only way we can subsidise reduced fees for the work we do is by juggling a number of projects at the same time. Some projects will have committed to pay a higher percentage of the fee than others and some clients will make our job easier than others so priorities among these projects may vary. This may impact on delivery schedules and if this is the case X must accept the situation. 

The films will be delivered as a file in either 1920x1080 or 1280x720 dimensions, in the H.264 codec as a QTmovie. 

X will make payment of the agreed fee in three parts -

1 - Before filming begins

2 - Before editing begins

3 - On delivery

If the fee is quite low then we may ask for full payment before editing begins. 

If CC agrees to undertake a filming project at a reduced fee then X must agree to the terms and conditions stated above (these terms and conditions will override any conditions in any filming brief or contract supplied by X). 

Other costs may be incurred depending on the production and use of our other equipment such as additional cameras, lighting, jib, tracks, gimbal, Action Cameras, 360 cameras and audio recording devices.

That's about it, below is the small print, the same thing again in legalese with regard to use of reduced fee finished films by CC....

1. Ownership of the Culture Colony Vision Material
1.1 The Images, Footage and Features are owned by Culture Colony, Culture Colony Vision or its licensors. (X will be deemed a licensor if the previous conditions are agreed and met). 

1.2 The Culture Colony Vision Material and all related rights shall remain the exclusive property of Culture Colony, Culture Colony Vision and its licensors.

2. Use of the Culture Colony Vision Material
2.1 You may not publish, reproduce (which includes placing on an electronic bulletin board, corporate intranet or the Internet), display in public, communicate to the public, license, sell or otherwise distribute any Image or Footage or Feature without the express written permission to do so (in writing or by email) from Culture Colony or Culture Colony Vision (this constitutes a “Licence”).

2.2 If you have been supplied with a Website username and password by Culture Colony or Culture Colony Vision you must not disclose your username or password to any third party. Any misuse by you of your username and password may result in your access to the Culture Colony Vision Material being terminated. You will be responsible for all Images, Footage and Features downloaded using your username and password including for all payment due in respect of such Images, Footage and Features.

3. General restrictions on grant of rights in Licences
3.1 Any Licence granted to you by Culture Colony or Culture Colony Vision will be subject to these terms and conditions as well as the terms set out in the Licence. Unless expressly agreed otherwise by Culture Colony or Culture Colony Vision in writing, these terms and conditions shall prevail in the event of any conflict between them and any other terms in the Licence and will supersede any terms and conditions provided by you.

3.2 The Licence granted to you by Culture Colony or Culture Colony Vision is limited to the publication, platform and/or service in which the Images and/or Footage and/or Features may be used as set out in the Licence (the “Agreement”) the period of time during which the Images and/or Footage and/or Features may be used in the agreement (if specified), the territory in which the Images and/or Footage and/or Features may be published (if specified) and any other restrictions set out in the Licence.

3.3 Culture Colony or Culture Colony Vision may at its sole discretion alter the delivery format or delivery method of the Images and/or Footage and/or Features so as to provide more effective or more efficient provision of such Culture Colony Vision Material. 

3.4 Unless expressly agreed otherwise in writing, the Commercial Licence grants you rights to publish the Images, Footage and Features (as applicable) on a non-exclusive basis, solely for the personal use of your end users, provided that you:

(a) own and operate the Service (website, socal media account),
(b) will, except to the extent necessary to maintain records for your own internal and legal purposes, delete all Culture Colony Material that you are no longer permitted to publish, including any Images and/or Footage and/or Features that Culture Colony specifically instructs you to delete;
(c) will publish the Images and Features only as provided to you by Culture Colony Vision without edit, adaptation or change;
(d) will not edit, adapt or change the Footage in a manner that distorts the sense or meaning of such Footage;
(e) will publish the Images, Footage and Features only in an editorial context;
(f) will publish any Images or Footage supplied with text as part of a Feature only with such text as part of such Feature;
(g) will not use the Culture Colony Vision Material for any purpose except as expressly permitted by this Licence and these terms and conditions.

3.5 You may not use the Culture Colony Material in any way that is or might be deemed

(a) defamatory, libellous, pornographic, obscene or immoral or
(b) to suggest a sponsorship or endorsement or official relationship that does not exist.

3.6 You will indemnify and keep indemnified Culture Colony against all loss, damage and expense (including any legal and other professional expenses) incurred or suffered by Culture Colony directly or indirectly arising (in whole or in part) from any use, reproduction or distribution by you (or any person authorised or permitted by you) of any part of the Culture Colony Material in a manner not authorised by the Licence and these terms and conditions.

4. Intellectual Property Rights and Third Party Rights
4.1 You acknowledge that, as between you and Culture Colony all rights (including intellectual property rights) in the Culture Colony Vision Material are the property of Culture Colony Vision or its Third Party Licensors. Culture Colony or Culture Colony Vision (or its Third Party Licensors) will, at its (or their) option, have the conduct of all proceedings relating to the enforcement of such rights. You agree to give your full co-operation in protecting such rights including taking any reasonable action in respect of such rights as requested by Culture Colony or Culture Colony Vision or any of its Third Party Licensors. Culture Colony or Culture Colony Vision may terminate the Licence if you challenge the ownership of such rights.

4.2 Culture Colony Vision does not offer any licence and gives no warranty or representation in respect of:

(a) the use of names, people, likenesses, trade marks (registered or unregistered) or works of art depicted in any Image or Footage; or
(b) moral rights (as set out in chapter IV of the Copyright Designs and Patents Act 1988 or equivalent rights in other jurisdictions) in respect of any Image or Footage. It is your responsibility to ensure that all necessary clearances are obtained, and not that of Culture Colony Vision.

4.3 All Images, Footage and Features will be attributed on their publication on the Clients Website or Social Media Accounts to "Culture Colony". Images or Footage (including those within a Feature) attributed to another agency, broadcaster or publisher will be so attributed on their publication in the Customer’s Service alongside the Culture Colony Vision credit with an appropriate copyright notice. In addition, you will comply with any credit requirements expressly notified to you in the caption to an Image, Footage or Feature, in the Licence or otherwise by Culture Colony or Culture Colony Vision 

5. Charges and Reporting
5.1 You will pay the charges set out in the Licence in respect of your permitted use of the Culture Colony Vision Material immediately via BACS payment (Culture Colony Vision will supply these details). 

6. Liability
6.1 Although Culture Colony Vision will take all reasonable steps to ensure the accuracy and timely provision of the Culture Colony Vision Material, neither Culture Colony or Culture Colony Vision nor any of its licensors warrants that the Culture Colony Vision Material (including without limitation the captions and metadata to the Images, Footage and Features) will be free from error or uninterrupted or, unless expressly agreed otherwise in writing, that specific Images, Footage or Features will be available.

6.2 Culture Colony and Culture Colony Vision does not accept any liability for failures or breakdowns in network connections and/or end-to-end connectivity across the Internet and/or performance problems experienced on any Internet or other networks outside Culture Colony's direct control.

6.3 No conditions, warranties or other terms (express or implied, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Licence or to the Culture Colony Vision Material except to the extent that they are expressly set out in the Licence and these terms and conditions.

6.4 Except under the indemnity in clause 3.6, neither party shall be liable in connection with the Culture Colony Vision Material or under the Licence or these terms and conditions for any loss of profits, loss of revenue, loss of or damage to goodwill, loss of contracts, loss of customers or any indirect, special or consequential loss (even if the party concerned has been advised of the possibility of such loss), provided that this exclusion will not apply to any loss of revenue or profit that would otherwise have been obtained by or due to Culture Colony and Culture Colony Vision under or in relation to the Licence.

6.5 Once Culture Colony or Culture Colony Vision has told you to remove an Image or Footage or Feature from your Service, Culture Colony or Culture Colony Vision will not be liable for any loss arising in relation to continued publication of such Image or Footage or Feature. You will provide reasonable assistance to Culture Colony or Culture Colony Vision to mitigate any claim arising out of Culture Colony or Culture Colony Vision material.

6.6 Nothing in these terms and conditions shall limit either party’s liability:

(a) for fraud,
(b) for death or personal injury caused by either party’s negligence or that of its servants or agents, or

(c) in relation to any other liability which cannot be excluded or limited by law.

7. Confidentiality
7.1 Each party agrees and undertakes that it will keep confidential, will not use for its own purposes and will not without the prior written consent of the other party disclose to any third party (other than, in the case of Culture Colony to any company in the Culture Colony Group) any information concerning the business and affairs of the other (including the terms (but not the fact) of any Licence) which may become known to such party unless such information is public knowledge other than as a result of a breach of this clause, has been independently acquired from a third party without restriction on disclosure, or is required by law or any regulatory body or for the purposes of litigation by or against either party to be disclosed. 

8. Term and Termination
8.1 The rights granted to you by Culture Colony or Culture Colony Vision in these terms and conditions, may be terminated immediately by either party giving notice to the other if:

(a) the other commits a material breach of these terms and conditions or the Licence and, if such breach is remediable, it is not remedied within 7 days of receipt of notice requiring remedy;
(b) the other ceases or threatens to cease to carry on trading; or
(c) the other becomes insolvent or bankrupt or suffers any insolvency or bankruptcy related event in any applicable jurisdiction.

9. General
9.1 All of the terms that have been agreed between the parties in relation to the supply and licensing of the Culture Colony Vision Material are contained in these terms and conditions and any Licence Culture Colony or Culture Colony Vision grants to you. No other terms shall apply unless expressly agreed otherwise in writing. You acknowledge that you have not relied on any representation made by Culture Colony or Culture Colony Vision that has not been set out in these terms and conditions and the Licence. No amendments to these terms and conditions or any Licence shall be effective unless in writing and signed by an authorised signatory on behalf of each party.

9.2 Neither party will be liable to the other for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond its reasonable control.

9.3 Any notice required to be given under these terms and conditions or any Licence shall be in writing. All notices shall be delivered/sent to the address of the relevant party set out in the Licence or membership application or such other address as the relevant party has notified to the other party in writing from time to time for this purpose.

9.4 Neither party shall assign, sub-contract, sub-license or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other party, not to be unreasonably withheld or delayed, save that:

(a) Culture Colony or Culture Colony Vision may assign or transfer all or any of its rights or obligations to any Culture Colony Group company; and

(b) Culture Colony or Culture Colony Vision may sub-contract the performance of its obligations provided that Culture Colony or Culture Colony Vision liability for the performance of its obligations shall not be affected.

9.5 The failure or delay by either party to enforce at any time any one or more of these terms or conditions shall not be a waiver of such rights or any other rights.

9.6 The parties agree that for the purpose of Section 1(2) of the Contracts (Rights of Third Parties) Act 1999 no term shall be enforceable by a third party.

9.7 If any provision of these terms and conditions of any Licence is held to be void or unenforceable in whole or in part, the terms and conditions and the Licence shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the provision in good faith to achieve the same objects.

9.8 These terms and conditions and any Licence shall be governed by and construed in accordance with British law and each of the parties hereby submits to the jurisdiction of the British courts.