Terms and Conditions
These Terms and Conditions were last updated on 11th January 2024
Please read the following Terms and Conditions carefully. They are important and represent a binding agreement between you and Freestanding Films and apply to your use of our Website and our Video Services.
Our Website
We operate and maintain a website displaying our Video Services for Visitors and Clients to our Site. By visiting and browsing our website and when using our website you consent to these Terms and Conditions without modification and agree you have read them. If you do not agree to be bound by these Terms and Conditions, you may not access or use the Site or use our Services.
Brexit and EU Law
It is acknowledged by both parties that the European Union (Withdrawal) Act 2018 section 2 allows EU law, for example, the General Data Protection Regulation 2018 (GDPR) to be retained in its entirety and have effect in UK domestic law after the UK has left the EU, but also means that the UK can amend or repeal any law in the future after the withdrawal date. If due to the UK exiting the European Union and a clause or condition in this contract becomes invalid or it conflicts with a law enacted after the transition period on the 31st December 2020, the invalid clause can be either cut from this agreement leaving the rest of the agreement valid and unaffected if the law has been repealed or it can amend the clause to bring it in line with current UK law reflecting the changes.
Your Information and Privacy
To access this website and use some of the resources it offers and to be able to use our Services, we may ask you to provide details or information about you or your company. It is a condition of use that all the information you give us is accurate and true and current. You acknowledge and agree that any information you give us to register is regulated by our Privacy Policy. You also agree to all actions We take concerning your information according to that Privacy Policy. Please read our Privacy Policy for more information on your personal data.
Cookies
By agreeing to these Terms and Conditions, you consent to our use of cookies following the terms of our Privacy and Cookie Policy.
Using our Site
To access or use our Site, You must be 18 years of age or older and have the necessary power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and related to Services for sale or their description or any other information is subject to change. Freestanding Films give no guarantee that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Freestanding Films disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
Our Services
We operate a website where Clients can order our bespoke Video Services. The Client orders the services and pays according to our payment terms and procedures and the terms and amounts agreed in the Client Estimate.
It is agreed as follows:
1. Definitions
“Client” means a Visitor to our Site who intends or has paid for our Services on display on our Site.
”Client Estimate” means the estimate provided by us before the shoot booking or grant of Licence, which sets out costs and timings, Licence details and other details and forms part of this agreement and must be agreed to by the Client before any work starts.
“Handle” or “Handles” mean social media Handles which is the public username used on social media accounts by Freestanding Films
“Licence fee” means the payment for the use of the Our Video(s) listed in this agreement paid to Freestanding Films.
“Licenced Work” means the subject of the licence which is the video clip or footage or short video film.
“Licensee” “You”, and “Your” means the Client, individual or entity who pays for the licence.
“Licensor” in the context of the licence Agreement mean Freestanding Films who grant the licence to Clients.
“Parties” mean Freestanding Films and the Client jointly
“Photographs” and “Works” means all photographic and video material created by Freestanding Films
“Service” or “Services” mean the Photographic and Video and Licencing Services and any Products supplied or provided by Freestanding Films.
“Site” means our website owned and operated by Freestanding Films at https://www.freestandingfilms.co.uk/
“User”, “You”, and “Your” means site visitors, Clients, and any other users of the site.
“Visitor” means anyone who visits or browses our Site.
“We”, “Us”, and “Our” means Freestanding Films.
”Works” means works as used by the Copyright, Designs and Patents Act 1988.
“Freestanding Films” means the company that owns and runs this website and provides the Video Service.
2. Applicable Terms and Interpretation
These terms apply to Consumers and Business Clients.
These terms apply to both Video and still photography Services and products.
Unless We have been given prior written notice by the Client, the person placing or signing the order on behalf of the Client is considered to be authorised to do so.
When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
If you wish to use our copyrighted material, Photographs or videos which are part of other projects, you must enter into a separate licencing agreement.
Where time is of the essence, we may entirely at our own discretion accept an instruction given orally, in this event we will accept no liability for any error in carrying out the order.
3. Payment and Charges
3.1. You agree to pay all costs and charges related to the Service you have ordered and to use the appropriate payment facilities and processes.
3.2. You agree to pay the agreed amounts and terms set out in the Client Estimate.
3.3. Payment is by bank transfer to be paid on the due date stated in the invoice or;
3.4. Full payment must be received with 14 days from when the invoice is sent if no due date is stated on the invoice.
3.5. You may purchase a Licence to use Videos of an already completed project which can be agreed by us.
3.6. Prices and costs for Video shoots vary depending on your brief and requirements which means that all jobs and prices are bespoke. All costs will be initially set out in the Client Estimate which is part of this agreement.
3.7. You agree that we may charge you a cancellation fee depending on what costs we may have incurred.
3.8. You must pay the invoice on or before the invoice due date in full before any high-resolution Photographs without watermarks can be delivered to you.
3.9. You are required to pay 50% of a job where the total price exceeds £1000 before the start date of any booked photography works, photoshoot or videoshoot.
3.10. You acknowledge and agree that if you are a company and whether or not that company has gone into liquidation the individual directors of that company will be responsible for all outstanding fees and costs concerning this agreement.
3.11. Alternative payment timescales can be arranged if agreed beforehand at the time of booking and we have given confirmation in writing.
3.12. Payment can be divided among all parties involved, however, this must be arranged between the parties themselves, and the final payment must be received by us in one full transaction.
3.13. It is agreed that the person who confirms the initial booking is authorised to do so and holds full responsibility for settling the final invoice.
3.14. Invoices must be settled within 14 days after the date of issue. If the invoice has not been paid 30 days after it was issued to you, We reserve the right to charge you ‘statutory interest’ which may be 8% above the Bank of England base rate for business to business transactions. Debt recovery costs may also be applied as stipulated under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended)
3.15. You are required to approve the final Video within 14 days of receiving the request for Initial Approval. If we have not received your approval within the required 14 days, the invoice for the agreed photography works will be issued to you for payment.
4. Invoices
4.1. You agree to receive sales invoices electronically if applicable.
5. Expenses
5.1. Where extra expenses or times are incurred by us as a result of alterations made by you to the original brief or due to other reasons caused by you. You agree to give your approval to these changes and that you will be liable to pay for such extra expenses or fees in addition to the fees and expenses shown on the Client Estimate as having been agreed or estimated.
6. Title and Materials
6.1. Title to all Photographs and videos remain the property of Freestanding Films
6.2. When your License to use has expired all Videos must be returned to us in good condition within 30 days and any archived digital files deleted.
6.3. Title to any materials used in producing the Works is not transferred to you when you pay your invoice.
7. Credits and attributes
7.1. Our Licence Agreement requires that ‘Freestanding Films’ will be given a credit or the name printed on or in reasonable proximity to all published reproductions of the Photographs and Videos. 7.2. You also acknowledge and agree to our statutory and moral right to be identified as the author set out under the Copyright, Designs and Patents Act 1988 Section 77- 79.
8. Licensing
8.1. The type of license, cost and other details issued to you is stated in the Client Estimate and final invoice and must be adhered to at all times under copyright law and you agree that the Client Estimate is part of the Licence agreement.
8.2. Each license has its’s own parameters and individual pricing. All licenses are applicable for an unlimited time with the different licence types as follows:
a. Non-Commercial – Personal use of non-business materials such as print, website, social media streams.
b. Commercial – Personal and Commercial use on print (flyers, brochures, presentation) and online websites, social media streams.
9. Exclusivity
9.1. Unless agreed to in writing no exclusivity is given to use our Services, Photographs or Videos by or in the Licence Agreement, Client Estimate, Invoice or these Terms and Conditions or any other document or communication either express or implied.
9.2. We retain the right in all cases to use or sell the Photographs and Videos as we see fit.
9.3. Exclusivity will not be unreasonably withheld but only on written agreement with us before work commences.
10. Licence Agreement and Licence to Use
10.1. The License to Use comes into effect from the date of payment of the relevant invoice(s).
10.2. Even if you have a current signed Licence Agreement, Photographs or Videos cannot be used for any purpose until payment in full of the relevant invoice(s) have been received by us, unless we have given prior permission in writing.
10.3. Any permission that may be given for prior use without receipt of full payment will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
10.4. Licensees are not permitted to sell or supply Photographs without our copyright watermark: “©Freestanding Films” to any Third Party at any time for any purpose. Third parties (including publishers) must get their own licence or Licence Agreement directly from Freestanding Films.
10.5. Subject to clause 19.1. below, Third parties are not permitted to use Freestanding Films Photographs or Video for any form of self-promotion on any media platform unless they have their own licence to use.
10.6. Where restricted in the Agreement, permission to use the Photographs and Videos for other purposes (including Magazine covers) will normally be granted upon payment of a further fee to be mutually agreed.
10.7. A written agreement must be reached with us before Photographs and Videos may be used for other purposes.
10.8. If you breach these terms or your Licence Agreement when using our Photographs or Videos, we reserve the right to charge you a further licence fee
11. Music for Video Licence
11.1. In most cases, the music license for video is held by the Client, we synch the productions on behalf of our Clients. You will therefore be able to distribute the content on all online platforms including websites, all social media and YouTube. Linear TV, Video on Demand (VoD). However, streaming and radio usage is not permitted within this agreement. Please contact us if you require this type of usage.
12. Lawful Purposes
12.1. You may use our Site for lawful purposes only. You agree to be financially responsible for all purchases made by You or someone acting on Your behalf through the Site. You agree to use the Site and to purchase Services through the Site for legitimate, purposes only. You must not post or transmit any material which violates or infringes the rights of others through our Site. Or which is threatening, abusive, racist, sexist, discriminatory, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
13. Site Refusal
13.1. Our Services are subject to acceptance of your order or requests. We reserve the right to refuse any order, person, or entity, without having to give a reason for doing so. Orders cannot be accepted until payment has been processed and received. We may at any time change or discontinue any aspect or feature of the Site, subject to us fulfilling Our previous responsibilities.
14. Refunds
14.1. The law says that if you are a consumer you may cancel a Service or goods bought online within 14 days after you have made the contract for any reason. However, there are some exceptions to this right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Section 28(1)(b) states that the right to cancel is excluded for goods ‘that are made to the consumer’s specifications or are clearly personalised. Therefore, we are not obliged to give you a refund for any photo, video or printed photos or products ordered due to their personalised nature. However, this does not apply to pure Services. Therefore;
14.2. Subject to Clause 14.3 below, If You are a Consumer and change your mind about the Services you have ordered, you have 14 days after the date of the order confirmation to change Your mind and cancel the agreement. However, once we have completed the Services and the Photography or Video shoot has taken place even partially, you cannot change your mind, even if the 14 day period is still running. If You cancel before or after the shoot has taken place and costs and expenses have been incurred, such as venue hire or hotel bookings, you must pay us for the Services provided up until the time you told us you have changed your mind.
14.3. If you ask us to provide our Services during the 14 day period you agree to waive your right to a full refund and may only get a proportion of your payment as is described in Clause 14.2. above.
14.4. If you are a Business Client the above does not apply to you which means you are not entitled to a refund for any of our services or goods you cancel unless implied by law.
15. Cancellation
15.1. Subject to Clause 14.2 and 14.3 above, an order or booking is considered firm as from the date of confirmation and accordingly, we may, at our discretion, charge a cancellation or postponement fee.
15.2. Cancellation fees are incurred for all pre-booked jobs cancelled less than 7 days before the agreed shoot date. Cancellation fees are charged at 10% of the originally agreed Client Estimate fee, plus any fees incurred from all cancelled pre-booked accommodation and pre-booked transportation related to the original Photography and Video booking.
15.3. The shoot location must be Photography or Video ready. This means the site is fully prepared and the photographer is given uninterrupted access to the shoot location. This is very important and if not adhered to can result in the postponement or cancellation of a shoot which will incur a fee of 10% of your approved Client Estimate plus travel expenses and accommodation.
15.4. On the day of the shoot, if anyone within the shoot location has a contagious illness i.e. flu, they must leave the location or the shoot may be at risk of being postponed. Depending on the severity of the illness, you may be charged a ten per cent fee of the approved Client Estimate plus travel expenses and accommodation.
15.5. If You wish to cancel the Shoot or your order you must inform us as soon as possible by email.
15.6. Unless otherwise stated or implied this Clause applies to Business Customers and Consumers
16. Rejection Fees
16.1. Unless a rejection fee has been agreed in advance, there is no right to reject Photographs or Videos based on style or composition.
17. Electronic Storage
17.1. Except for the License Agreement use(s), Photographs and Videos may not be stored or archived in any form without our written consent.
17.2. Manipulation of the image or use of only a portion of the image may only be allowed with our prior written consent.
17.3. You acknowledge and agree that we may store Digital Data on the understanding that we are not responsible for the future integrity of that data, or of any failure to retrieve data from our archive.
18. Supply of Photographs and Videos
18.1. We may supply Photographs to you in three different JPG formats;
a. Printable full size, high resolution JPG: approximately 5500px x 3600px at 300dpi.
b. Web use, reduced size low resolution JPG: approximately 2697px x 1800px at 72dpi.
c. Watermarked “©Freestanding Films, reduced size, low resolution JPG for the supply to third parties: approximately 1948px x 1300px.
18.2. We can supply alternative formats if requested in writing before any editing work starts.
18.3. After the shoot there is the approval stage where;
a. In the Initial Approval stage you need to select or approve the Video you want to use.
b. We will then edit the Video you have Approved.
c. Once the approved Video has been fully edited they will be ready to send to you.
d. Normally it takes approximately five working days from the date you first selected or approved your Video in the Initial Approval stage.
e. However, if you do not approve or select the Photographs or Video in the Initial Approval stage within 2 working days it will take longer than five days before we can edit and send your Video to you.
18.4. Failure to complete approval within the above time can result in delayed Video editing.
18.5. Once we have confirmed that we have received your payment in full, we will send you a link to download your Video. The link will be live for five working days only, after which it will be removed.
18.6. if you do not download your Videos within the five working day timeframe or you misplace or request a new copy of the Photographs or Video for any reason after the five day download period we can reinstate the download link for you, however, it will incur a £20 admin fee.
18.7. We are not responsible for storing any Video works commissioned by you for more than six months from the date when the Video were first sent issued to you upon job completion.
19. Supply to Third Parties
19.1. The licence to use our copyrighted material only applies to you and the Video stated on the Licence or Licence Agreement and does not cover Third Parties. This means that the licence is for your sole marketing purposes and the Video you have the licence for cannot be shared with third parties involved in, for example, joint marketing campaigns. In these circumstances the third party will need to purchase a separate licence.
19.2. Third Parties must be granted a license directly from us before they can use any of our Videos.
20. Description of Services
20.1. We try to describe and display the Services as accurately as possible on our website. While we want to be as clear as possible, you should not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
21. Intellectual Property Rights
21.1. Our Site contains intellectual property owned by Freestanding Films including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove You from the Site, without refund, if You are caught violating this intellectual property policy.
21.2. You acknowledge and agree that Freestanding Films hold title and copyright on all Photographs and Videos they shoot.
21.3. We retain the entire title and copyright in the Image, Video and Works at all times, throughout the World and;
21.4. Where reproduction of Works has taken place and settlement has not been made, we will make such charges to the publisher of those Videos as falls within the Copyright, Designs and Patents Act 1988.
21.5. Other than cropping and scaling reductions to Photographs, no other type of editing is permitted to any Freestanding Films photo or video at any time by you or any other party. This includes changes to colours, tone, and clarity, as well as using digital photo filters. Written permission must be granted by Freestanding Films for any editing or manipulation of their works.
22. Confidentiality
22.1. Both parties agree to maintain for three years after the termination of this Agreement any confidential data or information recognised as confidential and obtained from the opposite party in pre-contractual negotiations or during the term of the agreement or in the course of this relationship unless it is reasonably necessary to do so to carry out our Services or required to do so by law.
23. Personal Data
23.1. This agreement is subject to our Privacy Policy which forms part of this agreement and sets out our responsibilities and your rights regarding personal data and how we will take reasonable steps to ensure the reliability of any employee, representative or contractor who may have access to your personal data, ensuring in each case that access is strictly limited to those individuals who need to know or access the relevant personal data, as strictly necessary for providing the Services or this agreement and to comply with applicable laws in the context of that individual’s duties to us, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
24. Change of Terms
24.1. We may at any time change these Terms and Conditions. Such amendments are effective from the time We have posted the new Terms and Conditions on this Site. Any use of the Site by you after these Terms have been posted means you accept these amendments. We reserve the right to update any portion of our Site, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. We advise you to check these Terms and Conditions at regular intervals.
25. Termination
25.1. You agree that we can terminate your use or access to this Site and our Services at any time without notice if You violate any of these terms and Conditions including any Licensing Agreements.
25.2. The duration of the contract with us applicable to our Services is until the Service has been completed and performed.
25.3. The licence agreement automatically terminates if the Licensor is no longer trading, becomes bankrupt or the company is wound up or liquidated.
25.4. This agreement can be terminated at any time for any reason by mutual agreement.
26. Limitation of Liability
26.1. You agree that in no way will we be liable for direct, indirect, incidental, consequential or any other remedies as a result of using Our Services or by any other third parties. Additionally, Freestanding Films is not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of Your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not. This applies even if Freestanding Films have been advised of the possibility of something or could have foreseen loss or damage.
26.2. We are not liable for any delay or failure to comply with our obligations connected with our Services or this Site if the delay or failure was beyond our reasonable control.
27. Third-Party Links
27.1. Our Site contains links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Freestanding Films. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
28. Right to take action
28.1. If we do not take action because you have broken a clause in these Terms and Conditions it does not mean that we will not be able to use our rights in any other situation where You breach these Terms and Conditions or other legal responsibilities or duties you have to us.
29. Indemnification
29.1. You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions, Licence Agreements or any use by you of the Site. You will provide us with any help that we might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary.
29.2. You will not resolve any third-party claim or reject any defence without our previous written permission.
29.3. You acknowledge and agree that you are responsible to make sure that you have all necessary rights, model releases, clearances or consents which may be required for the reproduction of people, places or items depicted within any Works are obtained.
29.4. You acknowledge and agree that we give no warranty or undertaking that any such rights, releases or consents are or will be obtained whether concerning the use of names, people, trademarks, registered or copyright designs or Works of art depicted in any picture.
29.5. We will only be responsible for obtaining such clearances if this has been agreed to in writing before the shoot.
29.6. In all other cases, you agree to indemnify or pay us for or against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
29.7. We will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by us or our representatives, employees or agents or otherwise, and it is your responsibility to insure against such loss or damage.
30. Entire Agreement
30.1. These Terms and Conditions including the Client Estimate, our Privacy and Cookie Policy or Licence agreements and any attachments are the whole agreement between Freestanding Films and You and cancels all other verbal or written understandings concerning this agreement that were made outside this agreement, unless it is specifically mentioned in this agreement such as emails.
31. Notices
31.1. All notices, requests, demands, and other communications under this Agreement must be in writing and sent by email to:
Email: hello@freestandingfilms.co.uk
Address: Kenwards Mead, Mayfield Road, Rotherfield,TN6 3LS.
32. Climate Assurance
32.1. The parties agree to, wherever possible, perform their obligations under this Agreement in a way that reduces or minimises the Carbon Footprint associated with any activities under this Agreement. For example, using digital agreements and communication instead of paper forms.
32.2. Either party should use all reasonable efforts to make sure that any necessary third party, use such documents and perform such acts as may reasonably be required for the purpose of reducing the Carbon footprint as a measure to protect the environment.
33. Variation of Terms
33.1. These Terms and Conditions cannot be varied or amended except by agreement in writing by the Parties.
34. Reliance on these Terms
34.1. We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between the Parties. We and you will be legally bound by these Terms.
35. Events or circumstances beyond our reasonable control
35.1. If We are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on Your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, Our inability or delay in performing our obligations will not be in breach of this agreement. Examples of such events and circumstances, but not limited to, include fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riot, accident, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.
36. Severability
36.1. If an appropriate court or arbitrator decides that a clause or condition in this agreement is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.
37. Assignment
37.1. This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless we have given you written permission.
37.2. Any reproduction rights granted are by way of licence only and no partial or other assignments of copyright shall be implied or permitted.
38. Governing law
38.1. You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to Scots Law. You also agree that Scottish courts have exclusive jurisdiction unless the Parties decide to use negotiation adjudication and mediation resolution to settle a dispute before court action.
I confirm that I have read and understood this contract, and I agree to enter into this contract with Freestanding Films.
End.