Terms of Service

Please save or print a copy of these terms for your records. These are our standard Terms of Service. Please contact us if you would like to discuss amendments or alternative agreements in line with your project or organisation's requirements.

Definitions

• Client: The business, organisation or person who engages Pearce Productions to carry out the work.
• Project / Production / Video / Goods: The end production, event or video ordered and used by the client.
• Contract: A written arrangement agreed between Pearce Productions and the client in the form of a purchase order or written brief.
• Third party: Any company, organisation or person not affiliated with or controlled by Pearce Productions or the client.

Terms & Conditions

1. Acceptance of this quotation and/or issue of a purchase order from the client is acceptance and agreement of the Terms and Conditions stated below, which forms the contract between Pearce Productions and the client.
2. All quotes are free and valid for 30 days unless otherwise agreed or stated.
3. Costs will be discussed during initial meetings. Costs will be relative to the valid quotation provided upon request and dependent on the type and length of production, as well as time spent on pre-production, production and post-production. Any additional costs will be notified, agreed in writing and charged accordingly.
4. Production fees shall be exclusive of disbursements and expense items such as postage, overseas telephone charges, photography and prints, disc or tape duplications, travel, accommodation, subsistence and similar items, which will be invoiced separately as necessary.
5. If a project requires additional content, this constitutes a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. Email correspondence shall be sufficient to prove changes to agreements.
6. Pearce Productions will not commence work on any project until a signed purchase order or equivalent document has been provided by the client.
7. The client's requirements must be clearly provided in the form of a written brief to Pearce Productions with at least 48 hours notice before commencement of any work.
8. Unless agreed otherwise in writing, Pearce Productions reserves the right to request 50% of the invoice as a non-refundable deposit, payable at least 7 days prior to commencement of work. The remaining 50% shall be payable on completion of the project.
9. Cancellation or Termination: Cancellation by the client with less than 48 hours notice may result in up to 50% of the total charge minus any deposit paid. Cancellation once production has commenced, or with less than 48 hours notice, may result in up to 100% of the total charge being made. Pearce Productions reserves the right to cancel or terminate a contract if the client becomes insolvent or subject to bankruptcy proceedings, or if the reputation of Pearce Productions could be damaged.
10. The client may terminate the contract at any time by written notice and on settlement of account. When the client terminates the contract, they remain liable to pay in full for all work previously undertaken and in progress.
11. A project will only be publicly released once both parties approve all content as complete and satisfactory in writing. Clients are not permitted to release any preview or work-in-progress content to the public.
12. Pearce Productions reserves the right to refuse to use, publish or broadcast any information it considers obscene, morally unsuitable, in breach of copyright, libellous, defamatory or illegal.
13. Pearce Productions shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control, including Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers.
14. Pearce Productions cannot be held liable for loss or damage caused as a result of third party action or failure.

Copyright and Ownership

15. In alignment with UK law, the first legal owner of copyright is the person or organisation that created the work, unless otherwise agreed in writing. For productions commissioned to Pearce Productions, Pearce Productions assigns joint copyright and an in-perpetuity usage licence for all platforms and territories. If you require full copyright and ownership, please contact us to discuss arrangements in writing.
16. Permitted Usage: Subject to final payment of full fees, Pearce Productions grants the client an in-perpetual, worldwide licence to use the accompanying images, sounds and videos for permitted commercial purposes including video, broadcast, theatrical, advertising, promotion, company communications and commercial website use.
17. Restrictions on Use: The client may not resell, relicence or redistribute media without express written permission from Pearce Productions. Media may not be used in an obscene, illegal, immoral, libellous or defamatory manner, or incorporated into trademarks, logos or service marks.
18. Pearce Productions retains the right to use any content of the project in perpetuity and in any medium for promotional purposes, unless otherwise agreed in writing.
19. Any confidential or proprietary information acquired by Pearce Productions from a client will not be used or disclosed to any person or entity, except when required by law.
20. Unless otherwise agreed in writing, the client accepts Pearce Productions' decisions on creativity within the product or service.
21. If full payment is not received within the time frame stated on the invoice, Pearce Productions reserves the right to remove all discounts offered on the original agreed quotation.
22. Payment may be made by bank transfer or cash. Bank account information will be detailed on the invoice.
23. On delivery of the final master video, any technical issues will be corrected free of charge. Once complete sign-off has been received in writing and a final master file delivered, any further changes will be subject to an additional re-mastering fee.
24. Pearce Productions cannot be held liable for errors on any medium after the client has agreed in writing that the content is correct and should be published.
25. Any claims must be made in writing to Pearce Productions within 7 days of receipt of goods. If no claim is made within this period, the client is deemed to have accepted the goods at the agreed price.
26. Until all payments are made in full, the copyright and ownership of all edits and material remains with Pearce Productions. Any material published that has not been fully paid for will be copyright-claimed by Pearce Productions to the publishing platform.
27. Pearce Productions reserves the right to watermark all preview or completed videos until the total bill is paid in full.
28. If a client takes all footage away from Pearce Productions, responsibility for safeguarding the material passes fully to the client. Pearce Productions will no longer be liable for the footage and reserves the right to delete all associated material from its servers. Automatic backup of footage will be maintained for a minimum of 1 month after the final delivery date.
29. Electronic project files remain the property of Pearce Productions. Rushes (all filmed footage) are not supplied to the client as standard and can be supplied for an additional fee of £99 plus the cost of a storage device and postage.
30. Unless specified otherwise, it is standard procedure to include a Pearce Productions credit slide at the end of all videos.
31. A standard filming day is 8 hours of crew time on-set or at location, including lunch and breaks but excluding travel time. Any additional overtime may be subject to additional costs.