You may browse and access information contained within this website without providing any personal information. Where you voluntarily provide personal information, we will only use that information to communicate with you regarding our services. We will keep your information secure. We will not sell, or allow third parties access to your information.
We may disclose your personal information if we are required by law to do so or if you violate our Terms and Conditions.
Subject to applicable laws, we may monitor and record your emails, text messages, social media messages and other communications in relation to MIND THE FILM LTD’s dealings with you.
MIND THE FILM LTD will only use your personal data as necessary to perform our contract with you and as necessary for accounting, managing and auditing our business operations.
Subject to applicable data protection law, MIND THE FILM LTD may share your personal data with sub-contractors and other persons who help us provide a service to you, legal and other professional advisors, Government bodies and agencies in the UK and overseas, or anyone else where you have given your consent or as required by law.
MIND THE FILM LTD will retain your personal data based on the legal and regulatory requirements. MIND THE FILM LTD complies with the GDPR policy and respects your rights to have access to your personal data, or to have it erased or corrected if it is inaccurate.
If you have any concerns about MIND THE FILM LTD capturing your image while filming on location, please contact us or the event organisers.
This Terms Of Service Agreement (the “Agreement”) is between MIND THE FILM LTD and the “Client” (collectively the “Parties”). This Agreement sets forth the legally binding terms for the Client’s use of MIND THE FILM LTD’s services. The Parties agree as follows:
1.1 MIND THE FILM LTD will always endeavour to complete its assignment and every effort is made to comply with the client’s wishes to perform the video and photographic services (the “Services”) as requested and described in the Client’s brief at the given date, time and location (collectively referred to as the “Project”).
2.1 MIND THE FILM LTD will provide the video equipment necessary to perform the Services. If additional equipment has to be hired it will be included in the quote agreed with you before commencing any work.
3.1 The Parties agree that all work performed for the Client shall be considered as works made for hire as contemplated and defined in the United Kingdom Copyright, Designs and Patent Act 1988. The Parties acknowledge and agree that the Client will not hold any intellectual property rights in the recording of the Project including, but not limited to, copyright and trademark rights.
3.2 Unless a buyout of footage is specifically agreed and contracted, MIND THE FILM LTD retains the copyright of all media (still photography and video) content. The client purchasing the service of MIND THE FILM LTD will get full use of the material, however the client does not have the legal authority to sell the footage or allow 3rd party companies to use it without the express written agreement of MIND THE FILM LTD.
3.3 MIND THE FILM LTD has exclusive and complete ownership in the intellectual property inherent in the recording of the Project at any time after such recording. In addition, the Client agrees that MIND THE FILM LTD shall still maintain an exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the stills photography and/or video.
3.4 Naturally we are proud of our work and MIND THE FILM LTD actively promotes its media and we do reserve the right to use ANY of our footage for our promotion, whether this be inclusion on our showreel for PR purposes or to promote MIND THE FILM LTD.
3.5 The Client agrees and acknowledges that MIND THE FILM LTD may reasonably use the recording of the Project in their portfolio or for stock purchase. Further, MIND THE FILM LTD may display the Client’s name and logo on their website as a party with whom they have worked.
3.6 In all cases where the client uses the relevant media, MIND THE FILM LTD must be identified and credited as the service provider.
3.7 You (our client) acknowledge and agree that title and ownership of all ordered products shall remain with MIND THE FILM LTD until the full purchase price for the same has been satisfied to MIND THE FILM LTD.
3.8 If you have any questions or issues with any the above we would ask you to kindly speak to us in advance of commencement of filming.
4.1 The Client agrees to the total amount stated in their Invoice.
5.1 Client will make a one-time payment to MIND THE FILM LTD for the invoiced total
OR
5.2 The Client shall pay MIND THE FILM LTD prior to any work being started as a reservation fee. This fee is not refundable and will be credited to the final amount owed
OR
5.3 The Client will pay MIND THE FILM LTD multiple payments over a defined term.
5.4 In the case of work being required by the client to be done in phases, MIND THE FILM LTD reserves the right to partially invoice at stages. MIND THE FILM LTD reserves the right to add statutory late payment interest (Base Rate + 8%) to overdue accounts (Late Payment of Commercial Debts (Interest) Act 1998).
5.5 Following clients’ approval of all media viewed, all payments due are to be paid and cleared as per terms stated on Invoice.
5.6 MIND THE FILM LTD will provide all required bank details for the electronic transfer of all agreed fees.
6.1 The Client warrants that they represent the owner or authority of any location or property being filmed, and have secured permission to film the selected location and/or property outlined for the Service.
6.2 The Client is responsible for notifying any person that shall be present at the Project, including but not limited to: Attendees and guests, the proper authorities, owners of property, government officials (where applicable), agents or representatives and any other applicable parties that video and/or audio will be recorded.
6.3 MIND THE FILM LTD agrees to not include the likeness, image, or identifiable features of any person, property, or logo if instructed by the Client or persons present at the Project.
7.1 All work shall be completed in a professional manner, and in compliance with all applicable laws.
7.2 MIND THE FILM LTD shall not be liable for any delay due to circumstances beyond our control.
7.3 MIND THE FILM LTD is an independent Contractor and not an employee of the Client.
7.4 No modification of this Contract shall be valid unless in writing and agreed upon by both Parties. Both MIND THE FILM LTD and the Client must sign any changes to this document.
7.5 The Client shall indemnify and hold MIND THE FILM LTD harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or willful misconduct of the Client.
7.6 MIND THE FILM LTD’s liability for loss, damage, or failure to deliver the Project (stills photography and/or video) shall be limited to the return of all payments made.
7.7 This Agreement shall be construed in accordance with the laws of the United Kingdom.
7.8 Neither the Client nor MIND THE FILM LTD may assign this Agreement without prior written consent from the non-assigning party.
7.9 The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement.
7.10 This Agreement constitutes the entire agreement between the Client and MIND THE FILM LTD, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
8.1 Each job is unique with many variable factors. Therefore, MIND THE FILM LTD prefers to estimate on an individual project basis, after having discussed or been fully briefed on the proposed project.
8.2 There are a number of variables which may affect the estimate including the location of the shoot, shooting conditions, team required, equipment required, sophistication, length and amount of deliverables, final use / distribution, urgency and work load.
8.3 We will be happy to discuss any of the above with you in greater detail and we are sure you will find us fair, reasonable and transparent.
8.4 We are happy to provide any estimates in writing once we have received a full brief from the client and been able to discuss the requirements and expectations.
8.5 Amendments to the delivered video take time to re-edit and are chargeable to the client. We usually include one round of minor amends at no extra cost but re-editing and/or any further rounds of amends are not included in the estimate and will be billed to the client accordingly.
8.6 Music, voiceovers and hired equipment may also represent additional costs.
9.1 Written estimates will be supplied for all work on receipt of a clear and accurate written brief from the client. Written briefs are required to ensure objectives are well defined for both the client and MIND THE FILM LTD and to avoid errors.
10.1 All enquiries will be treated in the strictest confidence.
11.1 Still photographic or video material will normally be shot on digital camera equipment. Editing, retouching, digital manipulation and stitching of supplied images is available at an additional cost, when feasible.
11.2 All original material (i.e. high-resolution digital RAW/tiff files and/or Video footage) remains the property of MIND THE FILM LTD.
12.1 Limited reproduction rights of the commissioned material pass to the client upon full settlement of the final invoice. This allows reproduction for agreed uses as on the briefing / quotation. By default, and in the absence of any stated use, this will be ‘General Marketing’. ‘General Marketing’ use excludes use for ‘merchandising’ (e.g. reproduction of an image for promotion on goods for resale), for which an additional fee will need to be negotiated.
12.2 Unless agreed in advance, use of the images by any third party (including, but not limited to, newspapers, magazines, book publishers, television, film and the Internet) will only be granted following written permission from MIND THE FILM LTD. This will incur a negotiated reproduction fee.
12.3 We abide by the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. We will not alter our images to deliberately mislead the viewer.
13.1 We grant you (our client) an exclusive licence to use the commissioned material as agreed previously for a period of 12 months from the date of delivery of the commissioned material from MIND THE FILM LTD to you (our client) or from the date that full payment has been received by MIND THE FILM LTD from you (our client) for the commissioned material, whichever is the later. After the period of the licence as stated it will have expired:
13.2 We grant you (our client) a non-exclusive licence to use the commissioned material in perpetuity and in agreement as previously expressed. And you (our client) agree that MIND THE FILM LTD may use the images ourselves and that MIND THE FILM LTD may also licence the images to third parties without reference to you (our client).
13.3 MIND THE FILM LTD shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
14.1 If a job is cancelled by the client and simply not re-scheduled due to the client no longer requiring our services and if MIND THE FILM LTD has incurred costs/fees unless by a pre-agreement, costs that have been incurred will have to be met by the client.
15.1 If MIND THE FILM LTD cannot shoot due to adverse weather conditions or mechanical failure, and the shoot cannot be rescheduled, MIND THE FILM LTD will refund all advance monies paid for that day. Costs incurred prior to the shoot day such as paid-for site visits and meetings are excluded and remain due for payment.
15.2 If MIND THE FILM LTD cannot shoot due to reasons that only become evident once on site or for reasons that MIND THE FILM LTD was not advised of beforehand, then the full cost will remain due for payment. MIND THE FILM LTD may, at its sole discretion, offer a discount on a reshoot should one be scheduled.
16.1 Notice of cancellation by the client must be received in writing by MIND THE FILM LTD, and the notice is not valid until confirmed in writing by MIND THE FILM LTD.
16.2 Cancellation fees are payable according to the following items: Preparatory works, such as location visits, written documentation, time and travelling charge where costs have been incurred by MIND THE FILM LTD, these costs will remain due for payment in full, but pro rata to the overall agreed fees for the full service.
17.1 In case of outdoors filming, a successful outcome depends upon suitable weather conditions. A decision to shoot on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather.
17.2 If the work could not be completed due to client reasons (e.g., but not limited to, lack of access or unscheduled site activity etc.), the client may be charged to recover costs and time.
17.3 MIND THE FILM LTD will always endeavour to complete its assignments by proposed completion dates. However in case of external or operational constraints MIND THE FILM LTD cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.
17.4 The completion of work may be subject to alteration due to cause or causes beyond our control. In this case, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract.
17.5 The client understands and accepts that event coverage will be as the filmmakers professional expertise determines and that no one image/video will be more important than another. Special requests are not binding instructions, although every effort is made to comply with the client’s wishes.
17.6 Battery changes, footage intake and back-up periods will be determined by the team at their sole discretion during shoots.
17.8 In exceptional circumstances, MIND THE FILM LTD may not be able to completely fulfil or complete a contract at all. In these cases, it will refund part or all of any deposit received and not accept any other liability. In any event, the liability of MIND THE FILM LTD will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.
17.9 MIND THE FILM LTD does not accept liability for errors resulting from incomplete or inaccurate instructions from the client’s written brief.
17.10 Whilst back-up copies of images are usually kept, MIND THE FILM LTD accepts no responsibility nor has liability for maintaining archive copies of footage after the work been delivered to and accepted by the client.
17.11 MIND THE FILM LTD and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:
17.12 Any negligence on the part of us or our employees (except insofar as the same causes death or personal injury) or
17.13 Our performance of or failure to perform or breach of any of its express implied obligations under the contract.
17.14 You shall indemnify us against any liability whatsoever (including any liability based on the negligence of you) which it may incur resulting from any claim made against you by any third party.
17.15 We accept no liability for delay or non-fulfilment of any term of the contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, accidents, pandemics, fire, scarcity of materials or any other cause or causes not within our direct control.
18.1 Any complaints should be raised with MIND THE FILM LTD in writing, within 28 days of first becoming aware of the matter and in any event within 28 days of receipt of the images/video.
19.1 No failure or delay on the part of us to exercise its rights under the contract shall operate as a waiver thereof nor shall any single nor partial exercise of any such right exclude any other or further exercise thereof. Any waiver of a breach of any provision of the contract shall not affect our rights in the event of any further or additional breach or breaches.
19.2 Notwithstanding termination of the contract these conditions shall continue in full force and effect for so long as is necessary after such termination to give full effect to the provisions contained in these conditions.
19.3 The contract shall be construed in accordance with English law, which shall be the proper law of the contract and the English court shall have sole jurisdiction in relation to the provisions contained in these conditions.
19.4 The clause headings in these conditions are for convenience only and shall not affect the interpretation hereof in any way whatever.
19.5 Each and every obligation contained in the clause or sub-clause of these conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these conditions shall not prejudice the enforceability of the remainder.
19.6 These Conditions are stipulated by MIND THE FILM LTD on our own behalf and on behalf of all our employees and agents and apply for the protection of all its employees and agents as for MIND THE FILM LTD.
19.7 The client undertakes not to sue or make any claim whatever against any employee or agent of MIND THE FILM LTD in respect of any alleged negligence or other default of that employee or agent in relation to the carrying out, failure to carry out or breach of any contract.
19.8 The client acknowledges and agrees by placing orders with MIND THE FILM LTD that:
19.9 This is a transaction into which both parties are freely entering.
19.10 There are clauses contained in these conditions, which exclude, limit or modify the liability of MIND THE FILM LTD and our employees and agents.
19.11 All charges exclude VAT, which will be charged at the prevailing rate, (where applicable) and are subject to these Terms and Conditions.
19.12 The client acknowledges that they have read this agreement and both understand and agrees with MIND THE FILM LTD regarding all of the Terms and Conditions.