RBM is a full-service creative studio that works with brands, bands and businesses to create award-winning, bold and meaningful film content.
Really Bright Media is an award winning, GDPR compliant and ethical provider of film content distributed nationally; and globally. This agreement constitutes an order for Filming and Production services, including the production of films, photographs and audio as agreed by both Parties: Really Bright Media (herein after referred to as The Producer) and the Contracting Party (The Client).
1. COPYRIGHT: Really Bright Media/The Producer retains all intellectual property rights, including copyright, in all the filmed content and images (herein after Content) generated by The Producer (including final and interim work product) to the Client. However, the
Client may only use the Content in accordance with the stated scope of the original brief. Such assignment shall only take place upon final payment of the agreed fees for the Content.
2. USAGE: The Producer will produce Content that does not breach Copyright; but will not be held responsible for how that Content is then used by the Client, especially if that usage breaches Copyright in relation to any application or claims made in supportive or supplementary materials generated by the Client i.e., promotional collateral.
3. LIMITED LIABILITY i.e., CONSEQUENTIAL LOSS AND DAMAGES: If Really Bright Media cannot perform this Agreement in whole or in part due to acts of God or nature or terror, or other causes beyond the control of the Parties or due to Producer’s inability to perform agreed services i.e., accident, illness or injury, then the Producer will return all unallocated fees to the Client(s) excluding fees for services rendered – but shall have no further liability with respect to this Agreement. While the Producer will make every reasonable effort to find a Replacement Producer in such an event, the Producer cannot guarantee that an alternate Producer will be found; for the fees quoted; or that additional fees will not be incurred or charged by an alternate Provider. In the unlikely event that photographs or films have been lost, stolen or destroyed, for reasons within or beyond the Producer’s control, or of any sub-contracted reprinting company, the Producer’s liability is limited to the return of all payments received for the event package (if applicable). The Client(s) agree that an event cannot be replicated, re-enacted or repeated for the purpose of a re shoot in parts full; and limits the Producer’s liability to the amount paid under this contract. Really Bright Media will not accept responsibility for consequential loss associated to the financial performance or otherwise of materials and content created.
4. CANCELLATIONS: Upon agreement by both Parties hereto, the Producer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all retainers are non-refundable within 30 days of the job, even if the date is changed, or if the job becomes cancelled for any other reason. If cancellation is made more than 30 days prior to the event, a full refund will be made, minus fees for services rendered, and less a cancellation fee of £500 plus VAT.
5. STIPULATED FEES: The service fee for the service chosen is based on a details outlined in the proposal provided. No produced content will be transferred until payment is made in full, unless agreed in writing beforehand. No raw footage or working project files will be transferred unless agreed in writing beforehand. Any work beyond the listed allotments will be billed at a rate of £1000 plus VAT a day. All prices quoted will be quoted amounts; plus VAT.
6. LIMITED PERFORMANCE: Really Bright Media does not guarantee financial performance of supplied content or product. (See 3)
7. DELIVERY: Content will be made for proofing within the agreed time frame/s identified within the Scope, and the Client will need to proof and approve the final edit as agreed in the package, in writing. Any errors and omissions detected become the responsibility of the Client once they have approved the final edit. Produced content will be delivered digitally within two (2) weeks of payment, at which point, the Contract will be deemed fulfilled as per the agreed Scope. NOTHING will be broadcast or distributed without the Client’s FINAL APPROVAL and as per the Scope.
8. RIGHT OF WITHDRAWAL: The Producer’s discovery of new information, changes to Scope, or other factors tending to circumvent its policies can result in withdrawal from the project. Lapses in communication, non-cooperation; changes of locations, facilities or times available; missed appointments; returned cheques, or late payments are examples of contributing factors. Should the Producer initiate the withdrawal all fees and deposits will be returned, excepting fair market value for all services/produces already provided.
9. PRE-JOB CONSULTATION: The Parties agree to a formal pre-project consultation before the event time in order to finalise the Scope i.e., actual shooting production times, locations, permissions, security, logistics and Client’s request list for specific Content. ANY REVISIONS or AMENDMENTS to the agreed Production Scope and Schedule typically will result in a re-quote and the new schedule of fees will be submitted for payment before production commences.
10. QUALITY CONTROL: Really Bright Media is an award-winning company and takes great pride in the finished quality of our Client work. However, the quality of work for an individual production may vary significantly due to many factors, including clients’ cooperation, preparation, readiness, attitude and appearance, weather, equipment hired, lighting conditions, security and site restrictions enforced by facility or by Law (i.e., libel, restrictions on filming). The Client acknowledges these variables and that photography/film is considered an art and that individual tastes may vary. The Producer therefore accepts no liability for any quality disputes.
11. MUTUAL NON-DISCLOSURE: Really Bright Media agrees to Non Disclosure Agreements, Commercial In Confidence and Total Confidentiality Applies. Your content and related strategies and plans are protected and non-disclosed during the project; and thereafter. We also reserve the right to protect our systems, processes and Intellectual Property; and you agree that mutual Non-Disclosure and Commercial-In-Confidence also applies.
12. WORKPLACE HEALTH AND SAFETY (WH&S): The Client agrees that any Production meets Workplace Health and Safety requirements. We will not ask our Crew to perform tasks that endanger their health or safety i.e., exterior production. All site restrictions or production considerations that may relate to WH&S will be discussed during the Scope. If required, the Client agrees to pay for any site visits to determine Health and Safety values prior to shooting and this includes consulting fees for service, travel, fees and taxes; and any subsequent fees relating to WH&S services i.e., security, fencing/barriers, medical personnel etc.
13. PROMOTION: At the appropriate time we request permission to promote our involvement in this project, subject to the Client’s consent; and we will discuss that possibility in the Scope session/s.
14. DATA PROTECTION: Really Bright Media is GDPR compliant. Really Bright Media will not be held responsible for data protection of data collected by the Client pre, during or post project.
15. QUESTIONABLE MATERIAL: Really Bright Media will not produce illegal, defamatory, immoral or offensive material (i.e., libel.) We reserve the right to remove offensive content; and will contest the use of offensive material linked to uploaded or distributed content. Therefore, the Client agrees to disclose the potential for the inclusion of questionable material in the Scope session/s prior to engagement.