Terms & Conditions


Paul Edwards & Cheeky Monkey Films Ltd.      Terms & Conditions

IN A NUTSHELL

We work with professionals, the inspired, and the creatively determined.  We operate in a fast-paced environment, often away from the luxuries of the office.  To maintain order, we respect the long-held etiquettes of the film & television industries.  Spoken-word is akin to the written-word and goodwill is paramount to each of our endeavours.

Paul Edwards & Cheeky Monkey Films Ltd will work to the highest possible standards, showing a high degree of technical skill, creative flair and offer you good value for money.  Our Equipment will be well maintained and tested.  Our rates will be fair & honest.  We aim to make the invoice as discussed or what would be normally expected and not to surprise.  We operate in the usual manner of other professional DoP’s/Lighting Cameramen and film equipment providers. 

In return, we expect you to treat us as you would be expected to be treated yourself.  We expect you to pay for the work we have done in a timely manner.  We trust you to take care of equipment you use, carry or handle as if it were your own and pay if you break it.  We expect you to think about our wellbeing, our safety and our diva-like creative juices.  We expect you to feed, water & rest us at regular and reasonable intervals for the safety & wellbeing of all us.  You’ll get more done if we all pause for a 5 minute occasional break than working without.  Honest.

We enjoy a fair workplace, work with friends, and we love filming.  We hope you agree with our terms.   That’s all you need to know, the details below are boring and you don’t need to read any more other than trust us as we trust you.  However, please clarify any points prior to the job.  Our terms are fixed and cannot be modified.  Terms are not there to screw you, just to allow us both to know where we stand in the very unlikely event of a spot of bother.  Let’s have a good shoot.

 

BOOKINGS

Paul Edwards (Lighting Cameraman) trades under the name of Cheeky Monkey Films Ltd (“CMF”).   CMF is VAT registered in the UK and VAT will be added at the current rate.  Invoices will be from CMF.

Confirmation of a booking must be received in writing before any job takes place.  CMF cannot accept responsibility for misunderstanding resulting from verbal/pencil bookings that are not followed up with a confirmation email or call sheet/shooting schedule.  Priority will be given to confirmed rather than pencil bookings. 

Times are measured from base to base or hotel inclusive of lunch, travel & appropriate breaks.  Base is CMF’s office at Yarnbury Lodge, Grassington BD23 5EQ.  The normal day is 10 hours in duration. Overtime will be charged above the booked day.  Days longer than 12 hours must be discussed beforehand.  We will always do our best to accommodate your schedule and any overruns, however you must remember we may be filming for someone else the next day and will be expected to arrive at their shoot as fresh as we arrive for yours.  If meal breaks are missed, shortened or late as defined by BECTU/PACT Production Agreement 2003 then overtime will be charged.  It is expected that there should be a suitable break at least every 5 hours.  We will always be as flexible as possible, especially when the unforeseen happens but you should bear in mind how safe it is to schedule or work people hard for extended periods of time without breaks and your liabilities should an accident occur.

If a shoot is postponed, we will do our utmost to help you out with little or no extra cost if possible at the discretion of CMF.  If cancelled, the following cancellation terms apply but if possible, we will be flexible:  Cancellations within 24 hours of job start date – 100% day rate charge applicable.  Cancellations within 48 hours of job start date – 50% day rate charge applicable.  Equipment hired for your job will also be charged, including any collection fees as will costs such as but not limited to extra staff booked for the shoot.

PAYMENT

Invoices will be submitted for payment upon completion of work and payment is due immediately upon receipt.  If the shooting period is more than a week, CMF will invoice in weekly stages.  If payment has not been received within 30 days of receipt of the invoice the Late Payment of Commercial Debts (Interest) Act 1998 applies and you accept we will charge you 10% interest accumulative per month on overdue payments. 

If you have not paid within 60 days we will immediately pass your invoice to a debt recovery company.  All costs involved with recovering the debt plus our time at an appropriate rate per hour in dealing with the matter will be passed on to you.  Please understand explicitly that any goodwill or discount on the invoice will be removed if the invoice is not paid within 30 days and all work, rates and equipment used will revert to our standard rate.

We are sure you’ll do the honourable thing and pay us on time, however broadcasters are aware that copyright for video and moving image film remains with the cameraman until full and final payment is made for the work (Copyright, Design & Patents Act 1988).  Only when payment has been made in full is copyright transferred to the production company.  It is against the law to broadcast footage that has not been paid for and we will inform the broadcaster.  Any reference to copyright in your contract cannot overide the above.

INSURANCE

CMF has Public & Products liability insurance cover to the value of £5,000,000, Professional Indemnity insurance, Employers liability insurance and has all-risks insurance cover for owned and hired-in camera equipment.

However, when we work for you and are under your control and direction, you should have all the legal insurances in place such as Public Liability and Employers Liability insurance.   You should also have suitable insurance cover for hired in equipment to cover equipment hired by you and brought to the shoot by CMF.  A comprehensive breakdown of replacement values can be supplied upon request.  Normally you will pay a fee for Paul Edwards and appropriate camera equipment in a single package price.  You are, however still hiring in equipment.

You are specifically reminded that items of equipment that are not being used by Paul Edwards but under the care and control of your employees/others contracted by you (such as but not limited to director’s monitors, walkie talkies, radio mics on contributors etc) should be treated with great care and any damage (including cosmetic) or loss is your responsibility.  This also includes production staff “helping to speed packing up” that may inadvertently damage equipment due to poor packing, storage, handling or leaving equipment where it may get stolen or damaged by others. You will also pay for reasonable costs in time incurred by CMF to deal with any claims on an hourly rate.  You will also be charged for any ongoing hire costs (at standard rates) of equipment lost or damaged until it is repaired or replaced.  If CMF is required to hire in alternative replacement equipment during this period, you will be invoiced for this amount if it is more than the ongoing hire rate plus any delivery/collection costs.  The above applies to items that may have been damaged (such as, but not limited to, being dropped) where damage is not immediately apparent but professional inspection is needed to check equipment won’t fail as a result in the future due to hidden damage.

Members of production and other crew employed by production are welcome to travel in the CMF crew vehicle on the understanding they respect the vehicle and any damage they cause to it howsoever caused by them will be billed to Production.

EQUIPMENT

The Company endeavours to ensure that the equipment is sound and in good order and condition. Tape stock or data media is the responsibility of the production, even if supplied by CMF.  Damage to such or the contents of such are not the responsibility of CMF.  However, CMF will attempt to record a test recording and playback at the earliest opportunity at the beginning of a shoot if the production team give us the time.  Minor equipment breakdowns and interruptions are an expected part of filming.  If delays become excessive then CMF will normally offer free filming time after official wrap time to make up.  Rental equipment sourced on behalf of a production may incur a reasonable handling fee to cover time taken in addition to tolls and charges incurred during pick-up & return.

FAIR WORKING

CMF promises we will arrive at the call time in a prompt and professional manner.  CMF can’t be held liable for delays beyond its control such as but not limited to closed roads or accidents blocking the route. CMF would normally offer free time to make up for our delays. 

We will not break speed limits, drive illegally or park in a dangerous location, even if your schedule is running late.  We accept it is our responsibility to park legally.  However if we are specifically instructed by production to park somewhere and assured it is OK but we incur a clamp or fine, then these costs will be passed to production.  All tolls, parking fees or charges incurred in the course of filming are billed to production. Original receipts are retained for CMF’s accounts, and charges will be itemized on the invoice.  Production should pay for meals during the shoot or reimburse reasonable costs that are invoiced.  Production per diems must adequately cover meals.  Travel & rest days include zero filming.  If a travel day turns in to a filming day, you may be charged unless we have agreed not to.  Hotels must have safe, off road parking.  Parking on a public road overnight is not acceptable.  CMF reserves right to find alternative accommodation, billed to Production, if asked to park on the road or in a general car park away from the hotel that CMF or Paul Edwards deem unsafe or unsuitable for leaving an expensive vehicle with expensive camera equipment inside it.

We will not disclose any facts or private information we come across during the shoot about your company or it’s work.  In return you will not disclose to anybody else confidential matters about CMF such as but not limited to rates we have negotiated.

The extent of CMF’s liability due to illness, errors, omissions, professional negligence, technical & mechanical failures, shall be limited to the equivalent of the Booking’s daily fee but normally will result in free time added on to the day to compensate.  No responsibility is accepted for lost opportunity, lost imagery or lost sound arising from technical failure.  You would normally have insurance for this.

HEALTH & SAFETY

CMF takes health & safety very seriously.  We operate in a safe way and maintain a safe working environment for others around us.  You must ensure you do the same as you are in control of where we work and are responsible for risk assessing filming locations.  Paul Edwards has a huge wealth of experience in filming in various locations that have potential to be hazardous and can offer advice and appropriate alternative methods of working.  You and/or your senior person on location have ultimate responsibility during the shoot however.  We find the greatest asset in assessing risks is experience and common sense.  While we are conscious of risk, we operate a “can do” mentality and can usually find an alternative, safer way of getting the same or similar shots.  

We have the right to stop filming and withdraw to a safe place at any point should we feel uncomfortable, in danger or not confident that the location or type of filming is safe, even if ultimately it turns out to present no risk.  You accept we can do this without fear of malice, withholding of payment or threats/intimidation of such from you or your employees on location. 

All of our equipment is regularly checked for mechanical and electrical safety.  Portable electrical items are PAT Tested.  Lighting will be carried out in a professional and safe manner.  You must comply with our requests to guard lighting stands etc or prevent public access to sets etc.  Paul Edwards has extensive experience of safe working practices.  However, if you spot something that concerns you, raise it immediately. 

Transport in the UK or abroad provided by the Production must meet adequate safety, comfort & security standards.  If your employees drive us, they must be experienced, proficient and safe otherwise we will ask for the car to stop.  Flights on anything other than a scheduled airline (such as balloons, light aircraft, helicopters) must be fully discussed in advance & production must take out life insurance when Paul Edwards personal life insurance may not valid on such craft at £750,000 minimum.  CMF will demand to know pilot experience before such a trip.

Production must notify CMF of all foreseeable risks related to the job before the job starts.  This includes working on or near water or salt water or where salt water spray may affect equipment.  Any safety equipment (not limited to personal protective equipment but that to protect camera equipment too) should be provided by production or discussed and sourced from CMF, which may involve a hire cost.  If you provide personal protective equipment it must be suitable and approved by CMF.  Always discuss prior to the shoot, we’re here to help and advise.

Productions planning to shoot in hostile environments must advise CMF prior to confirmation.  Such environments include but are not limited to exposure to sand, salt, water, dust, biological and chemical agents, civil unrest and hostilities.  You should check your employees/personal and equipment insurance are valid for these conditions.  Again, Paul Edwards can offer invaluable advice on filming in such locations.

 

I hope you view these Terms & Conditions as fair & reasonable. They are presented to promote transparency and avoid unnecessary dispute, so please clarify or negotiate any points prior to production. We look forward to great, creative shoots with you!

 

Paul Edwards

Managing Director & Lighting Cameraman

Cheeky Monkey Films Ltd.  Yarnbury lodge, Grassington, North Yorkshire  BD23 5EQ              March 2014

© Cheeky Monkey Films Ltd  2016   v11        Terms & Conditions