Firebelly Films Limited Terms and Conditions of Sales and Contractual Agreements
These conditions shall form part of every contract entered into by Firebelly Films Ltd. (FBF) and any purported variation or shall be of no effect unless accepted in writing by USF.
2 Formation of Contract
(a) An agreement whether or not based upon a quotation shall not be binding on FBF unless accepted in writing.
(b) Only such services as are specified in FBF quotations and contractual documents are included in the scope of the contract.
(c) FBF shall not be obliged to make changes to completed productions following acceptance by clients unless, at its absolute discretion, it agrees in writing to do so and may request additional payment from the client.
(d) Scheduled activities will be carried out by FBF by the completion dates outlined in the contract and in collaboration as necessary with the client.
(a) It is anticipated that the client will collaborate and cooperate with FBF in the process of production. Opportunities for such collaboration will be provided by FBF prior to filming, on completion of filming and during editing (prior to delivery).
(b) Any changes requested will be subject to specific terms within the quotation and contractual documents as applicable be it determined by time, effort and/or quantity of changes.
(a) All prices quoted by FBF exclude VAT unless otherwise stated.
(b) Where an order is placed and accepted for services and/or deliverables differing in any way from the services and/or deliverables specified in FBF’s quotation, an additional charge may be specified. Such charge will be notified prior to delivery.
(c) FBF prices are subject to alteration without notice if not agreed contractually.
(d) Unless otherwise agreed in writing, prices quoted are subject to acceptance of 30 days from issue.
(a) Unless otherwise agreed in writing, payment is to be made within 30 days from the date of invoice.
(b) In the event of any delay in payment, FBF shall be entitled to charge interest on any outstanding balance at the rate of 3% per calendar month or part thereof. During such period of default and at any other time when the client shall be in breach of the terms of the contract or FBF shall have reasonable grounds for doubting that payment will be made on the due date, FBF shall be entitled to withhold deliverables without prejudice to its right to payment for work undertaken and expenses incurred in connection with the production which shall become immediately due and payable on demand.
(c) FBF terms of payment require that a deposit of 70% of the overall agreed project quote be submitted to FBF by the client prior to contract work commencing unless otherwise agreed in writing. The balance being payable on completion and delivery of the project.
(a) FBF shall endeavour to complete agreed deliverables within the time stated or by the agreed completion date, but shall not be liable for late delivery. In the event of late delivery, FBF shall have no liability unless previously agreed in writing and delay in delivery shall in no case entitle the client to cancel the order unless such cancellation is agreed by FBF in writing.
(a) During any stage of the project, versions may be submitted to the client for approval. If approval is not forthcoming within 28 days from submission of version to client, then final approval shall be assumed and the remaining balance of the project costs will be invoiced.
(b) The client shall not be entitled to reject any deliverables unless within 14 days after delivery or such longer period as may be stated in the contract, the client shall have given notice, in writing, to FBF that the deliverables are defective.
8 Title and Risk
(a) Title and rights to the production and all associated materials shall remain the property of FBF until payment in full is made by the client for all sums outlined in the quotations provided.
(b) In the event of production materials being used or distributed without the consent of FBF prior to completion of the project, then that project will be deemed completed and the remainder of the quotation may be submitted by invoice to the client for completion of payment.
(c) In the event of the client suffering any distress or execution to be levied against him or entering into any arrangement with its creditors or (being an individual) becoming subject to the bankruptcy laws or (being a company) entering into liquidation otherwise than for the purposes of amalgamation or reconstruction or having a receiver appointed of the whole or any part of its assets FBF without prejudice to its other rights under these conditions shall be entitled to enter upon any land or premises where the deliverables or any product embodying the production may be for the time being, to detach the production if so embodied and to recover possession of them.
(d) The risk in the production shall pass to the client on delivery.
(e) FBF reserves the right to use all production material for promotional and marketing purposes on all media platforms including but not limited to, Television Broadcast, Print and Online.
9 Guarantee and Limitation of Liability
(a) FBF shall have no liability to the client for any information or advice given to the client in connection with the production unless confirmed in the contract.
(b) FBF shall have no liability for any loss of production, loss of profit, loss of use, loss of contracts or any other consequential, economic or indirect loss whatsoever suffered by the client as a result of the production process and/or deliverables.
10 Legal Construction
(a) The contract shall in all respects be governed by and construed in accordance with English Law.
11 Cancellation Policy
Please read this cancellation policy to avoid any fees.
For cancellations more than 48 hours in advance there will be a 10% production charge to cover pre production work, and cancellations of equipment, crew and loss of production time.
For projects cancelled within 48 hours of shoot time or delivery time, there will be either a full reimbursement of costs or 50% of the job. This is to be negotiated.
Any projects cancelled on set or during delivery window the full amount for the job will be due. FBFare open to negotiations however please be aware if the work is completed the full amount will be owed.”
This agreement formulates established work practices and etiquette of the industry and by which the above production company operates.
Once a project and shoot is confirmed by both parties and schedules, call times, and fees are agreed upon in writing, the project will be considered booked.
For any project that has been ‘accepted’ by the client via online or in writing and is then cancelled, the client is liable to pay all costs related to the project, that have been incurred by FBF, within 30 days.
A cancellation fee will apply at the rate of 50% of the project or full day shoot rate if the shoot is cancelled within 48 hours of the pre- agreed call time. A cancellation fee of 100% of the Full Day Rate will apply if the shoot is cancelled within a 24 hour period from the agreed upon call time. These cancellation times are to be measured by standard business days, excluding weekends and public holidays.
A cancellation fee will apply at the rate of 50%- 100% of budget if the project is cancelled after production has commenced. FBF will provide all work created and negotiate with the client what percent of the work was completed which will be the percentage of the project budget due to FBF.
For any cancellations of the project upon delivery the full 100% of the budget will be due to FBF.
Force Majeur Cancellations
“Force Majeur” means superior force. Such forces could include fire, earth quakes, labor strikes, war, civil unrest, tsunamis, or hurricanes. Force Majeur Cancellations DO NOT apply to rain, potential rain, fog, heat, or other usual weather occurrences. Due to a Force Majeur, either party may cancel a shoot without cancellation fee or without standard notice without threat of legal ramifications.
However, reimbursement of any production rental equipment, travel expenses already made, etc., will still be owed by client even in case of Force Majeur cancellation.
For projects outside of the greater London area where the team must travel to the job, FBF charges a travel day
rate, which is half of the daily shoot day.
Full shoot day rate will also apply on any day a shoot was planned and then cancelled for any reason.
If the project requires an overnight stay, this must be organized and negotiated with FBF.