Terms of Service

Updated 1st May, 2024

Definitions

“Company” refers to Flipside Productions Ltd., the entity providing the services or products described in these Terms of Service.

“Client” refers to any individual or entity that enters into an agreement with the Company for the purchase or use of its services or products.

Payment Terms

The Client shall provide a 50% deposit of the total fee to secure the shooting dates requested.

All payments shall be made within fifteen (15) days of the invoice date (Net 15), unless expressly negotiated and agreed upon in writing prior to commencement of services. For multi-week projects, invoices will be issued on a weekly basis.

Bank and Money Transfer Fees

Any bank fees or money transfer fees incurred during the payment process, including but not limited to wire transfer fees, currency conversion fees, or any other related charges, shall be the sole responsibility of the Client. The Contractor shall receive the full agreed-upon payment as stated in this Contract, and any deductions due to bank fees or money transfer fees shall be borne by the Client.

Cancellation Terms

Either party may cancel this agreement upon written notice to the other party. In the event of cancellation:

  1. If cancellation occurs more than 14 days prior to the scheduled start date of the shoot, no cancellation fee shall be incurred, and any deposit shall be refunded.
  2. If cancellation occurs within 7 to 14 days prior to the scheduled start date of the shoot, a cancellation fee equivalent to 100% of the labor and equipment costs shall be payable if other work has been turned down after confirmation of production dates.
  3. If cancellation occurs within 3 to 7 days prior to the scheduled start date of the shoot, a cancellation fee equivalent to 50%, or the deposit of the labor and equipment costs shall be payable or forfeited.
  4. If cancellation occurs less than 72 hours prior to the scheduled start date of the shoot, a cancellation fee equivalent to 100% of the labor and equipment costs shall be payable.
  5. Rescheduling of shoot dates is subject to a cancellation fee only if other work has been turned down since production was confirmed. In such cases, the rescheduling fee shall be 100% of the labor and equipment costs for the originally scheduled production dates.

These cancellation terms shall apply unless otherwise agreed upon in writing by both parties.

Travel Expenses

The Client shall bear all expenses related to travel and on-location work, encompassing but not limited to hotels, flights, meals, rental vehicles, fuel, tolls, per diem, parking, visas, carnets, gear baggage fees, and any other incidental costs.

Portal-to-Portal billing shall apply, wherein billable hours commence from the departure of the audio engineer from their home base to the conclusion of work and return to the home base after wrap-up.

All travel arrangements and expenses shall be arranged and covered by the production company/client unless otherwise explicitly agreed upon in writing between the parties.

Meals

The production/client is required to provide a hot meal and a meal break no later than six (6) hours after the initial call time. In the event of work extending beyond twelve (12) hours, a second meal and meal break must be provided no later than six (6) hours following the conclusion of the first meal break.

Failure by the production/client to provide a meal and meal break within the stipulated six (6) hour timeframe will result in meal penalties being incurred. These penalties shall be calculated at the hourly rate billable, in 15-minute increments, until a meal and meal break are provided.

All meal breaks are to be considered as time “on the clock” and therefore constitute billable time.

Any deviations or exceptions to these meal provisions must be mutually agreed upon and documented in writing by both parties.

Liability and Damage Responsibility

The Production Company/Client shall assume full responsibility for any loss, damage, or theft of equipment occurring during the duration of the production. The Production Company/Client hereby agrees to indemnify and hold harmless Flipside Productions Ltd. for 100% of the replacement cost of the equipment, or its nearest equivalent if the original equipment is discontinued, as determined by Flipside Productions Ltd. The Production Company/Client also agrees to cover the rental cost of equivalent equipment until the lost, damaged, and/or stolen equipment is replaced.

The replacement cost shall be invoiced promptly upon submission of the invoice and is due immediately.

Furthermore, the Production Company/Client extends the same liability and damage responsibility to equipment owned by third parties and rented to Flipside Productions Ltd. on behalf of the Production Company/Client during the duration of the production.

These provisions shall remain in effect unless otherwise agreed upon in writing by both parties.

Estimates

Any estimate provided by Flipside Productions Ltd. (“Company”) is provided solely as a quote based on the information available at the time of estimation. The final invoice total may be subject to change based on factors such as labor overages, additional equipment requirements, or expenses related to the production that were not initially foreseen or accounted for in the estimate.

The Company shall make reasonable efforts to inform Client (“Client”) of any significant changes to the estimated costs as soon as they become apparent during the course of the production. The Client acknowledges and agrees that the final invoice total may differ from the initial estimate provided. This provision is intended to ensure transparency and to account for any unforeseen circumstances that may arise during the production process.

Copyrights

For commercial or “Work for Hire” productions.

Until full payment of the invoice for services rendered is received by Flipside Productions Ltd. (“Company”), the copyrights and authorship of all sound recordings, including but not limited to standalone audio recordings, audiovisual works, digital audio files, and phonorecords fixed to any media or stored on any device, such as hard drives, SD or CF cards, computers, and embedded within video files or recorded to cameras or VTR machines, shall remain with Flipside Productions Ltd.

Upon receipt of full payment for the rendered services, the copyright ownership automatically transfers to the Client (“Client”). The Client shall thereafter be considered the author of the works.

For any charity or volunteer work Flipside Productions Ltd. engages in, Flipside Productions Ltd. remains the copyright holder of all sound recordings, including but not limited to standalone audio recordings, audiovisual works, digital audio files, and phonorecords fixed to any media or stored on any device, such as hard drives, SD or CF cards, computers, and embedded within video files or recorded to cameras or VTR machines

Portfolio

The Client hereby grants Flipside Productions Ltd. a non-exclusive, royalty-free license to use samples or excerpts of the works created during the engagement with the Company (“Works”) for the purpose of promoting the Engineer’s skills and expertise in their portfolio or personal promotion.

Flipside Productions Ltd. agrees to use the Works solely for portfolio purposes and not for any commercial exploitation or distribution.

Behind-The-Scenes Media

Unless otherwise agreed upon in writing between the Company and the Client, the Company reserves the right to take behind-the-scenes photos or videos during the provision of services. These behind-the-scenes media may be used by the Company for portfolio, promotional, or marketing purposes, including but not limited to publication on the Company’s website, social media channels, or promotional materials. The Company shall make reasonable efforts to ensure that any behind-the-scenes media does not disclose sensitive or confidential information of the Client. By entering into an agreement with the Company, the Client acknowledges and agrees to the Company’s right to take and use behind-the-scenes media as described herein, unless otherwise mutually agreed upon in writing.

Nondisclosure Agreement (NDA) Policy:

Flipside Productions Ltd.  are open to signing nondisclosure agreements (NDAs) with third parties under the condition that we have the right to disclose the name of the end client for promotional purposes six (6) months after the conclusion of the production.

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