Terms & conditions of service

Updated: 27/05/24

1. Bookings

   Projects are accepted by LMP at the price agreed and quoted in writing. Prices may vary due to supplier costs or subsequent client requirements. Any such additional costs will be advised as soon as they become apparent. The daily rate agreed is based on a working day which is up to 8 hours in duration, and this should include a one-hour lunch break. Twelve-hour rates (or longer) are negotiable. Confirmation of a booking must be received in writing before any job takes place. LMP cannot accept responsibility for misunderstanding, resulting from verbal/pencil bookings which are not followed up with a confirmation email or call sheet/shooting schedule.

   Priority will be given to confirmed bookings, rather than pencil bookings.

2. Services:

   LMP provides a wide array of video and photo production services. Whilst we do not guarantee the outcome of any project, LMP is committed to delivering high-quality services to the Client.

3. Payment:

   Payment terms will be set out in the relevant quotation issued by LMP to the Client. Where certain payment terms are not set out in the relevant quotation, all LMP projects require a 50% non-refundable deposit upfront. Production and editing invoices will be submitted for payment upon completion of work. Full payment to LMP is due within 21 days of receipt of the invoice. LMP reserves the right to pause work on a project in the event of a late or non-payment. Late payment may incur a monthly ‘statutory rate %’ fee & compensation fees as outlined in Late Payment of Commercial Debts Regulations 2002’(SI 2002 No 1674). All quotes and estimates provided by LMP are based on the information provided by the Client. Any changes to the project scope or requirements may result in adjustments to the quoted price. Upon acceptance, LMP will perform the services described in the estimate. Changes to the delivery and performance of any services, including quantity, specifications, and scheduling, do not become binding until approved in writing by both parties. Any changes may result in additional or increased charges.

4. Intellectual Property:

   All media remains the property of LMP unless a buyout is agreed. By default, once payment is received in full for a project, LMP hereby assigns to the Client a non-exclusive, non-transferable license that gives the Client full use of the material, however, will not be able to sell the footage or allow 3rd party companies to use the material without an agreement with LMP.

5. Confidentiality:

   LMP and the Client agree to maintain the confidentiality of each other’s proprietary information. This clause shall survive the termination of these Terms.

6. Liability and Warranty:

   LMP accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). LMP also accepts no liability for media corruption but ensures all measures are taken to limit this possibility. In the unlikely event of LMP being unable to supply the product(s) or service(s) as specified, liability shall be limited to the total invoice value – or monies already paid by the Client. LMP does not warrant that our services will meet your expectations or that they will be error-free. LMP operates the Service on an “as available” & “as is” basis.

7. Cancellations:

   The minimum notice that LMP will offer the Client with regards to a cancellation will be 72 hours. For example, if LMP gets an offer from another client more than 72 hours in advance, LMP can cancel with no penalty or problems. Inside 72 hours, the Client will try to reschedule, if possible, but if plans have been written to take into account the filming or people have been booked in for the shoot or plans can't be re-arranged for whatever reason, then LMP has an obligation to fulfil its duties outlined in this agreement. Every effort will be made by LMP to be flexible and understanding in relation to the changing nature of production schedules, however, for bookings that have been confirmed in writing by the Client, the following cancellation terms apply:

   Cancellations within 24 hours of job start date – 100%-day rate charge applicable

   Cancellations within 48 hours of job start date – 50%-day rate charge applicable

   If the shoot cannot be rescheduled, we will discuss the cancellation policy and potential fees with the Client and try to arrange a fair and reasonable compromise. This may include a discount on another shoot.

8. Equipment:

   LMP will endeavour to appropriately advise the Client where requested on camera, lighting and sound equipment, and other matters relating to a shoot, but this guidance will not render LMP liable for (a) the suitability of the equipment for the shoot or (b) the overall success of the shoot. LMP will provide owned equipment needed to carry out this project at no further charge. If the Client requires specific equipment which LMP does not own, rental fees will be applicable.

    

9. Turnaround Time:

   LMP will advise the Client on an estimated turnaround time for content. This is subject to workload and requirements.

    

10. Expenses And Travel:

    Travel expenses are to be paid outside of a 15-mile radius from CO5 9GP at £0.45p. LMP will advise the Client on this prior to carrying out the task. Other expenses such as parking costs and train fares will also be charged to the Client with prior notice from LMP if applicable. All reasonable expenses incurred by LMP in providing the Service shall be at the Client’s cost. Where possible expenses will be pre-arranged with the Client and/or set out in the quotation.

     

11. Actors/Talent:

    Talent is to be supplied by the Client or provided at an additional fee. LMP will advise the Client on said fee before making the required booking.

12. Paid advertising:

    Any paid social media advertising for the Client will be invoiced accordingly.

13. Music Licensing:

    LMP will provide the Client with royalty-free music for the videos outlined in this agreement. If the Client requires a specific song or license, additional licensing fees may be applicable.

     

14. Post-production:

    Colour grading, editing, audio correction and export is included at no extra charge.

     

15. Pre-planning:

    The Client will provide LMP with a clear outline to the content they wish to produce for a given day/project. The Client will give as much detail as possible to ensure a clear understanding of the task given.

16. Amendments:

    The contract will include the standard allocated amount of amendments offered by LMP of 2 sets per video. If the Client wishes to make an amendment following the production of a video, they must provide LMP with as much detail as possible in a written description of the changes to be made. “1 set” is equal to one detailed email. LMP will advise accordingly on what is possible given their expertise. Any additional amendments made outside of the allocated set may be subject to a charge of £45/hour.

17. Back Up:

    LMP will provide an onsite backup for a minimum period of 6 months. We advise the Client to provide an external hard drive of which LMP can make a second backup and the Client can keep. The Client backup will only include finished videos and photos and no project files. The Client must not under any circumstance edit, re-edit, or post video clips or photos created by LMP without first notifying LMP – Our services are for produced video and photo content outlined above and not unlimited RAW clip usage.

18. Usage:

    The Client may use the produced videos provided by LMP in any way that is not harmful to either party.

19. Health & Safety:

    LMP & the Client will act in accordance with all relevant health and safety requirements to provide the product(s) or service(s).

20. Creative Brief:

    The Client accepts LMP decisions on creativity within the product(s) or service(s) and understands that ideas previously agreed may not be possible thereafter. LMP will inform and advise the client on any changes if deemed necessary.

21. Copyright:

    LMP retains copyright in all their original material unless a buyout is agreed. The Client must also ensure that permission is sought for the inclusion of any performers or performances, trademarks, locations, and music. LMP retains the right to use this material in its original and edited form that is not damaging to either party as they see fit unless otherwise agreed in writing. The Client agrees to indemnify LMP in the event of any breach of copyright claims being brought against them in respect of material supplied by the Client. Naturally, we are proud of our work & reserve the right to include all media captured and/or edited by LMP in our promotional materials for PR purposes. We reserve the right to charge any additional fee if our work cannot be used in our promotions.

22. Data Protection:

    The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video because of LMP supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection. LMP reserves the right to use extracts from the finished production for publicity purposes on the LMP website and any social media. The Client will notify those attending the event that they may be recorded on video cameras and that by attendance they give their consent to being recorded.

23. GDPR:

    The Client will adhere to any laws in relation to Data protection and GDPR. They will seek permission from any persons featured in recordings/photographs and agree to indemnify LMP in the event of any breach or claims being brought against them with regards to the services outlined and provided by LMP.

24. Confidentiality:

    LMP will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Client shall keep confidential any methodologies and technology used by LMP to supply the product(s) or service(s).

25. It is agreed that at the time of renegotiation for a subsequent contract, the Client will automatically invite LMP to renegotiate the agreement before any other third party.

     

26. In the event of a dispute arising that the parties themselves cannot resolve, the parties agree to refer the matter to an independent arbitrator appointed by mutual agreement. If the parties cannot agree on an arbitrator, or both parties do not agree with the decision of the arbitrator appointed, the agreement may be terminated in the following manner:

    a) If the breach is one that can be rectified, then the non-breaching party can request in writing that the breach be rectified in 14 days. If the breach is not rectified within that time, the non-breaching party may terminate the Agreement immediately.

    b) If the breach is one that cannot be rectified, the non-breaching party may terminate the Agreement by giving 14 days written notice of their intention to terminate.

    c) If either party goes into liquidation, is wound up, dissolved (except for the purpose of reconstruction or amalgamation), enters into a scheme of arrangement or is placed under official management or in receivership, the other party may terminate the Agreement by giving 14 days written notice of their intention to terminate under the clause.

    d) In the event of a termination under this Agreement, each party’s rights and liabilities will cease immediately but the termination shall not affect a party’s rights arising out of a breach of this agreement by the other party.

    e) If the terms of this agreement have not been breached and section 21. c) does not apply and the Client wishes to terminate the contract early, any outstanding payments subject to this contract will be issued by LMP.

27. VAT:

    LMP are NOT VAT registered. If over this contract period, LMP becomes VAT registered, the prices outlined above will be subject to additional VAT costs and are not inclusive of VAT.