Matchbox Productions Limited (Trading as Matchbox Film Co)

Terms and Conditions

1. DEFINITIONS & GENERAL TERMS

In these Terms and Conditions the words ‘Matchbox Film Co’, ‘Matchbox’, ‘We’, ‘Us’, ‘Our’ and ‘Ours’ refer to Matchbox Productions Limited, trading as Matchbox Film Co, a UK registered limited liability company. The words ‘client’ and ‘customer’ refer to the commissioning party and/or the party funding the work, which is carried out by Matchbox, and any person or organisation acting on the client or customer’s behalf.

These Terms and Conditions apply to all photo, video and audio products created by Matchbox, including all moving and still images and sound recordings of any form.

2. PRE-PRODUCTION REQUIREMENTS

It is the Client’s responsibility to obtain all necessary permissions including, but not limited to, performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.

No liability will be accepted by Matchbox for and delays or failure to deliver the agreed product if caused by any element which is the Client’s responsibility.

Where copyright material is provided by the client for incorporation into a Matchbox film product, permission must be obtained from the original copyright owner / material provider.

The client undertakes to indemnify Matchbox against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.

A full production brief  with associated costs must be signed off by the Client before production work begins.

3. PRODUCTION & POST-PRODUCTION

All works undertaken will be as per the written estimate that Matchbox shares with the client, and will be based upon the agreed production brief and schedule.  It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking Matchbox. Any amendments or additional days filming will be charged at our current daily rates.

Clear access for video and sound capture must be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Client’s responsibility to ensure that Matchbox production crew members and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.

Matchbox Film Co takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour.  In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result.  Matchbox Film Co personnel will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.

4. INSURANCE

Matchbox Productions Limited holds public & products liability insurance cover of £5,000,000.

Matchbox Productions Limited holds Employer’s Liability cover of £10,000,000.

Matchbox Productions Limited holds Professional Indemnity cover of £1,000,000.

Matchbox Productions Limited holds drone-specific public liability insurance cover of £1,000,000. This policy is fully compliant with EU Regulation (EC) No 785/2004.

A copy of our insurance certificates can be provided on receipt of a request to our offices.  Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.

5. DEPOSITS AND PAYMENT TERMS

Our payment terms are strictly 14 days from date of invoice and, in the event of an order being confirmed, the Client accepts these terms and conditions.

We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE.

We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Matchbox reserves the right to withhold delivery and any granting or continuation of usage license of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this a Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.

To secure a date and confirm a booking, we require a 50% deposit to be paid in advance. If no deposit is paid but a date is agreed for a shoot, 50% of the cost will be payable by the client if cancelled for any reason whatsoever within 14 days before the shoot commences. If cancelled within 48 hours, 100% of payment will be payable. This will be invoiced after cancellation and is payable within 14 days.

Balances for filming will be issued immediately after the shoot and are to be paid within 14 days of invoice.

Post production/editing are to be paid within 14 days of invoice. All payments are to be made using bank transfer.

If the conclusion of a job runs over schedule for reasons not in our control, the total outstanding balance must be paid within 14 days after filming. We are always more than happy to provide a full no obligation estimate.

Time is of the essence in relation to all payments to be made under these Terms and Conditions

6. EXPENSES AND ADDITIONAL COSTS

Mileage expenses within the UK will be charged at 45p per mile. Accommodation and other expenses will be quoted and approved in advance.
Exceptional expenses may be payable by agreement, in advance. Otherwise, all expenses are to be paid within 14 days of invoice.

On occasion it may be necessary to get special permissions from the CAA in order to fly. On such occasions bookings will be subject to an admin fee agreed prior to the shoot. If flying abroad we may require additional time in order to secure permissions to fly. With this, there may also be additional cost.

All costs quoted are exclusive of VAT and so this will be added on at the point of invoice.

7. DAY RATES & OVERTIME

A full working day is classed as being up to 8 hours of work. Unless an extended production time is agreed in writing in advance of the shoot date and a shoot runs over, we reserve the right to charge overtime, calculated as 25% of the shoot day crew fee per hour. For example, if the shoot fee for crew of 2 is £1000+VAT per day and the shoot runs over by 1 hour, an additional fee of £250+VAT will be due within 14 days of invoice.

We do not tend to offer half day or hourly rates for production as we invariably need to book an entire day for such purposes as organising kit, renting additional equipment, organising crew and traveling to location. As such, day rates are fixed up to 8 hours and no refunds will be given if time on set falls below a full 8-hour working day.

We reserve the right to charge travel days, charged at 50% of the shoot day crew fee, either the day before and/or the day after a shoot day, where a filming location is far enough from the Matchbox trading address that it is reasonable to travel the day before/after for Matchbox personnel to adequately carry out their functions, currently defined as a drive over 3hrs or more from The Old Malthouse, Clarence Street, Bath, BA1 5NS, or any international travel.

Travel days will also apply for shoots where an early ‘call time’ (the scheduled time to arrive to location) or late ‘wrap time’ (the scheduled time to finish producton) is such that travel to or from location would not be reasonable at these times. Travel days will be agreed in writing with the client prior to production commencing.

8. COPYRIGHT

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Matchbox Productions Limited, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in Matchbox by the execution of appropriate instruments or the making of agreements with third parties.

Unless contractually agreed prior to the commencement of filming, Matchbox Productions Limited will retain Copyright of all our filming content. The client will be entitled to complete use of all footage we obtain for their specified projects (see USAGE LICENCE below) but the client will not be able to re-sell our footage or allow 3rd party companies to use the footage without written agreement. We also reserve the right to prevent any output of our content until full payment has been received. If this is not possible due to time restraints in our reasonable opinion, Matchbox Productions Limited will need a specified date of payment in writing and until payment is received, no content shall be distributed.

Our filming content shall not be changed, re-edited or reduced without our permission unless otherwise agreed in writing. This extends to the use of Artificial Intelligence (AI), in so far that Matchbox copyright content must not be fed into any AI tools.

We shall be entitled to a credit in the form to be agreed on all our filming content.

Intellectual Property Rights for all treatments, scripts, storyboards, concepts and ideas created by Matchbox Film Co shall remain the property of  Matchbox Film Co for all time.

Intellectual Property Rights for all media used in the final production and created by Matchbox Film Co shall pass to the Customer upon full and final payment for the production.

We (Matchbox Productions Limited) are extremely proud of the work we create. Because of this Matchbox Film Co reserves the right to use all or part of any production for the purposes of demonstration and promotion of the services of Matchbox Film Co, in any media format. We also reserve the right to upload our footage to stock footage libraries after the footage has been released for its original purpose unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.

9. USAGE LICENCE – RIGHTS TO THE USE OF PROJECT CONTENT

Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Matchbox against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material

We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.

Matchbox Film Co assigns to the Client the video produced in its complete delivered form ONLY.  We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing. This extends to the use of AI tools.

Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage license relating to the video material in its delivered form.

We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.

10. LIMITATION OF LIABILITY

Nothing in these Conditions shall limit or exclude Matchbox Production Limited’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to the above:
(a) Matchbox Productions Limited shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Matchbox Productions Limited’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Charges for the relevant Order, with regard to which the Customer is claiming loss.

(c ) No liability or costs or charges or deductions from our fees and expenses shall be incurred by us in the event of any breaches by the client of any health and safety regulations and /or Covid19 protocols causing the client losses of any sort including by virtue of cancellation or curtailment of the shoot for any reason

11. POSTPONEMENTS AND CANCELLATIONS DUE TO WEATHER

Our work is affected by the ever-changing weather, especially when it comes to drone filming and filming outdoors. In the event of inclement weather which, in our opinion, would pose a risk to health & safety of either Matchbox personnel, Matchbox equipment, or rented equipment, or which has the potential to prevent the completion of successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.

We will try our best to re-schedule the filming for another day and the deposit will be transferred to this new date. However, if you no longer require our services, the deposit will be non- refundable. If we have incurred any other costs in relation to your shoot then these costs will be invoiced and paid within 14 days.

12. CHANGES TO THE FILMING SCHEDULE

In the event that the Client wishes to change or cancel the filming date, we require a minimum of 2 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.

13. EQUIPMENT & PERSONNEL SUBSTITUTION

In the event that Matchbox Film Co experiences equipment failure or technical difficulties, or personnel become unwell or are unable to attend a shoot, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.

14. CLIENT DELAYS

In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise.  No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).

15. APPROVAL & AMENDMENTS OF DRAFT FOOTAGE

Under normal circumstances a first draft edit will be available for the Client for review and to comment on.  Two sets of revisions will be included within the agreed project cost provided that any revisions or amendments fall within the original agreed brief.  Subsequent revisions or significant re-edits will be charged at a rate of £100+VAT/hr.

Time is of the essence with client feedback on draft videos. If client feedback is not received within 36 hours from being shared with the client, we reserve the right to push back the agreed completion date of the project.

16. PROJECT DURATION AND DELIVERY

Any indication given by Matchbox Film Co of a photo, video or audio project’s duration is to be considered by the client to be an estimation. Matchbox Film Co will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief.  Matchbox Film Co will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.

17. COMPANY INFORMATION

Matchbox Productions Limited is a registered company in the United Kingdom with company number 12151239 and with registered address at Mad About Bookkeeping Ltd, Wolfe Mead, Farnham Road, Bordon, Hampshire, England, GU35 0NH, and VAT number 354 5437 89.

Matchbox Film Co’s trading & correspondence address is Level 5, The Old Malthouse, Clarence Street, Bath, BA1 5NS.

18. GOVERNING LAW

These terms and conditions shall be legally binding according to the laws of England and Wales. Any disputes may be adjudicated in the English Courts

All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means.  This document shall be taken as an agreement between the Client and Matchbox Productions Limited under UK law.