1) Introduction – A contract is formed between a client (referred to as the “Client”) and Lagoon Ltd. when an Order is received from the Client. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by Lagoon Ltd. to the Customer. These conditions do not affect your statutory rights.
2) Supply – Lagoon Ltd. agrees to supply the product(s) or service(s) to the Client as detailed in the Order and according to the terms and conditions of this contract. Once supplied and payment settled Lagoon Ltd. accepts no responsibility for subsequent problems.
3) Rights Reserved – Should Lagoon Ltd. choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any rights of Lagoon Ltd. By providing Lagoon Ltd. with an Order, the Client accepts these terms and conditions.
4) Payment – Lagoon Ltd. shall issue an invoice to the Client in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. These payment Terms override any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts these Terms. Lagoon Ltd. reserve the right to add an accumulative percentage on late payments as dictated under the UK government late payment legislation. Title in the goods or services shall remain with Lagoon Ltd. until full payment has been received, unless otherwise stipulated in the Order.
5) Approval / amendments of video footage (2 set of amendments) – On the majority of projects, a ‘draft’ version of the production will be forwarded to the Client for their review. This draft may receive 2 rounds of revisions only, which is included in the original agreed cost. A major re-edit will incur an additional daily rate of £320.00 per day.
6) Health & Safety – Lagoon Ltd. and Client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s). In all instances Lagoon Ltd. will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
7) Bad weather – In the event of inclement weather, Lagoon Ltd. reserves the right to change the dates of filming to a more suitable day. Lagoon Ltd. will not allow the safety of the equipment or personnel to be compromised.
8) Aborting filming (on shoot day) or re shooting due to clients lack of organisation – In the event of filming being delayed or aborted due to a lack of organisation from the Client, Lagoon Ltd. reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
9) Changing filming dates – In the event of the Client wishing to change the filming date we insist on a minimum of 7 days notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
10) Equipment substitution / failure – In the unlikely event that Lagoon Ltd. experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. No further claims or liability will be accepted.
11) Works specified (as per estimate) – All works undertaken will be as per a Lagoon Ltd. written quotation provided in a pdf format and/or by email to the Client. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rate.
12) Creative Brief – Unless otherwise agreed, the Client accepts the decision of Lagoon Ltd. on creativity within the product(s) or service(s). The final post production and editing styles, effects, and overall look of the video and/or images are left to the discretion of Lagoon Ltd..
13) Booking Fee/Cancellation – Monies paid by the Client to reserve the product(s) or service(s) of Lagoon Ltd. will be accepted as a Booking Fee. If the Customer cancels the order less than 7 days prior to the Company supplying the product(s) or service(s), the Client will be liable for the whole invoice value less any Booking Fee already paid. If the Client cancels their Order more than 7 days prior to the Company supplying the product(s) or service(s), they shall forfeit the Booking Fee.
14) Liability – Lagoon Ltd. accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of Lagoon Ltd. being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Client.
15) Copyright – Unless otherwise stated in the Order, Lagoon Ltd. retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Client in relation to the Order. The Client must ensure that permission is sought for the inclusion of any copyright material they supply to Lagoon Ltd. to enable them to deliver the product(s) or service(s). The Company reserves the right to use the footage / material / media, either in sections or in its entirety, for promotional purposes. The Client agrees to indemnify Lagoon Ltd. in the event of any breach of copyright claims being brought against Lagoon Ltd. in respect of material supplied by the Client.
16) Performers Release Usage – At all times Lagoon Ltd. advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Lagoon Ltd. if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form. Lagoon Ltd. will arrange Performers Release Forms if performers are being organised by ourselves.
17) Permissions & 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 as a result of Lagoon Ltd. supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
18) Care and Damage to client property – Whilst every care is taken in the handling of the Client’s property, Lagoon Ltd. accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances, not covered by the public liability cover held by the director, whilst in the custody of Lagoon Ltd.
19) Expenses – Lagoon Ltd. retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Client with proof of expenditure. All out-of-pocket expenses will be charged at cost. Out of pocket costs include but are not limited to; travel, food and accommodation.
20) Confidentiality – Unless otherwise agreed Lagoon Ltd. 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 Lagoon Ltd. to supply of the product(s) or service(s).
21) Basis of law – These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.