Alchemy Motion Pictures Ltd (t/a Alchemy Films) - TERMS & CONDITIONS

1. DEFINITIONS

For the purpose of this agreement 'the Agency and the Advertiser' shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where Alchemy Motion Pictures Ltd’s client is a direct client (i.e with no agency or intermediary)' all references in these terms  to both 'the Agency' and 'the Advertiser' shall be interpreted as a reference to Alchemy Motion Pictures Ltd’s client.

'Video', ‘Film’ or ‘creative work’  means all audio visual material furnished by Alchemy Motion Pictures Ltd, whether RAW or edited footage, or any electronic material produced by Alchemy Motion Pictures Ltd.

2. COPYRIGHT

The entire copyright of any video material filmed and created by anyone under the employment of Alchemy Motion Pictures Ltd is retained by Alchemy Motion Pictures Ltd at all times throughout the world.

3. OWNERSHIP OF MATERIALS

Title to all video footage remains the property of Alchemy Motion Pictures Ltd.

4. EXCLUSIVITY

The Agency and the advertiser will be authorised to publish the creative work to the exclusion of all other persons including Alchemy Motion Pictures Ltd. However, Alchemy Motion Pictures Ltd retains the right in all cases to use the creative work in any manner at any time and in any part of the world for purposes of advertising or otherwise promoting the company’s work.

5. CLIENT CONFIDENTIALITY

Alchemy Motion Pictures Ltd will keep confidential and will not disclose to any third parties or make use of material or information communicated in confidence for the purposes of producing the creative work, save as may be reasonably necessary to enable Alchemy Motion Pictures Ltd to carry out their obligations in relation to the commission.

6. INDEMNITY

Alchemy Motion Pictures Ltd agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Alchemy Motion Pictures Ltd to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. 

Alchemy Motion Pictures Ltd shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all cases the Agency shall be responsible for obtaining such clearances and will indemnify Alchemy Motion Pictures Ltd against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

7. PAYMENT

Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice.

8. EXPENSES

Where extra expenses or time are incurred by Alchemy Motion Pictures Ltd as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Alchemy Motion Pictures Ltd’s normal rate in addition to any expenses incurred.

9. REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

10. CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation via email and accordingly Alchemy Motion Pictures Ltd will, at their discretion, charge a fee for cancellation or postponement as per below:

Postponement

Where a project is postponed by a client before filming, we reserve the right to charge a postponement fee in line with the following terms:

  • Within 7 days of the first day of filming: 100% of the total production fee, plus all incurred out of pocket expenses.

  • Within 14 days of the first day of filming: 50% of the total production fee, plus all incurred out of pocket expenses.

Cancellation

Where a project is cancelled by a client after acceptance of the quotation, we reserve the right to charge a cancellation fee in line with the following terms:

  • Within 7 days of the first day of filming: 100% of the total project fee, plus all incurred out of pocket expenses.

  • Within 14 days of the first day of filming: 50% of the total project fee, plus all incurred out of pocket expenses.

  • Beyond 14 days of the first day of filming: 20% of the total project fee, plus all incurred out of pocket expenses.

11. ELECTRONIC STORAGE

RAW footage and creative work produced by Alchemy Motion Pictures Ltd will be stored electronically and online for the commissioning agency for 12 months from the date of the last project commissioned by that agency, unless otherwise agreed. Manipulation of the creative work or use of only a portion of it may only take place with the permission of Alchemy Motion Pictures Ltd.

12. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales.

13. VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.