1. Definitions: In these Terms & Conditions the following words will have the meanings as set out below, unless the context requires otherwise:
- “Delivery Date” means the date identified as the Delivery Date in the Casting Quotation;
- “Fees” means all charges and any other payments identified in the Casting Quotation;
- “Image” or “Images” means the finished Image, images or other visual products described in the scope and representing the end product of the Project which will be provided to you;
- “Casting Quotation” means the Casting Quotation signed by the parties on the reverse side of these Terms & Conditions; - “Project” means the project undertaken by us to produce and deliver the Film or images to you in accordance with the Scope; - “Scope” means the specifications identified as the “Scope” in the Casting Quotation; and - “Terms & Conditions” means these Terms & Conditions together with the Casting Quotation.
2. Appointment: You appoint us to undertake the Project and produce and provide you with the Project in accordance with these Terms & Conditions. You agree to pay all quoted costs plus any additional costs arising from alteration to the Scope. You acknowledge that any items in the Casting Quotation marked 'TBC' or 'tbc' are subject to change. Together with the Casting Quotation these Terms & Conditions constitute the entire agreement relating to the Project and supersede any previous agreement or communication between the parties relating to the Project.
3. Delivery Date: We will use all reasonable endeavours to provide you with the Images by the Delivery Date. Where we provide you with progress edits of the images for your feedback you shall provide such feedback promptly and we shall not be responsible for any delays (including delays to the Delivery Date) resulting from your failure to provide such feedback.
4. Payment, Fees & Taxes: You will pay all Fees to us in accordance with the payment terms specified in these Term & Conditions. Unless specified otherwise, all Fees are exclusive of any value-added tax, goods and services tax or any other taxes, and any such applicable taxes will be payable by you in addition to the Fees.
We reserve the right to charge interest at 8% per annum on any amount that has remained unpaid for 30 days from the date of the invoice. You agree to indemnify us for all expenses incurred in relation to the recovery of debts owed to MFFC. All errors and omissions excepted.
5. Licensing of footage, images, photographs and other supporting materials: Unless specified otherwise, the cost of licensing fees for footage, images, photographs and other supporting materials (“Third Party Material”) by us is not included in the Fees. Where Third Party Material is sourced for inclusion in the images, you acknowledge and warrant to us that you have obtained all licenses and permissions necessary to allow such Third Party Material to be included in the Image.
6. Client representation: You are responsible for supplying your own authorised representative at the shoot to approve footage, otherwise Photographer's interpretation will be considered final and acceptable. Any failure by your representative to raise any concerns at the shoot constitutes approval and acceptance of footage shot.
7. Location scouting: Unless specified otherwise 50% of Photographer and Producer fees, plus all related expenses will be charged for location scouting.
8. Cancellation and postponement: For cancellation up to 2 business days prior to shoot day you are liable for payment of all costs incurred up to time of cancellation plus 25% of Photographer and Producer fees. For cancellation less than two business days prior to shoot day you are liable for all costs incurred up to time of cancellation plus 50% of Photographer and Producer fees. Cancellation on the day of shoot 100% of all costs are payable. Postponement due to weather: If shoot is postponed after 7am on day of shoot, you are liable for 100% of all costs excluding Photographer and Producer fees pending confirmation of re-scheduling. Additional Make-up & Hair, Styling, Crew, Equipment and Talent costs will be applicable on rescheduled shoot day. Cancellation of Talent within 48hrs or less of shoot day incurs 100% of costs.
9. Governing law: These Terms & Conditions will be governed by and construed in accordance with the laws of Hong Kong. Both of us irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
