Terms and Conditions
The information below refers to non-APA commercial shoots. For APA crew terms and conditions, please see the attached document:
Quotes are valid for 10 working days. When a quote is not accepted within 10 working days, The Trash Factory reserves the right to revoke the validity of a quotation in view of the availability of our team.
Production Timeline (Commercial/Music Videos/Short Films):
Pre-production of your video or project will start upon full proposal approval. A proposal approval procedure consists of the following steps:
The Client will sign the quotation document and return the signed document via email to The Trash Factory
The Trash Factory will issue a deposit invoice for 50% of the total production budget
The Trash Factory will receive the deposit payment and launch pre-production, lock in production dates and start the project
Within 20 days after the quote has been accepted, arrangements will be made between The Trash Factory and the Client to plan and lock in the production dates, as well as post-production deadlines
When production dates are locked in, the Client agrees to arrange locations, spokespeople, content and props as outlined in the pre-production consultancy.
To guarantee clear communication, The Trash Factory requires the Client to choose one contact person within their organisation to discuss the production. The Trash Factory will only accept input, feedback and comments from the agreed contact. Input and feedback from other spokespeople in the Client’s organisation will need to be channeled through the Client’s chosen production contact.
Changes in Specifications:
If at any time, the Client desires to make any changes or variations from the script(s) or storyboard(s) in the Specified Media(s) or from any material work in progress, and such changes result in additional costs to Producer, Producer agrees to notify the Client of the amount before any such additional costs are incurred and Producer shall proceed only after receiving approval (written or oral) from Authorised Representative, approval by Client shall be binding and incorporated into the terms of the Agreement. Reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.
Cancellations and Force Majeure:
Standard cancellation fees apply if a confirmed shoot is then cancelled. If notice of cancellation is given between 48 to 24 hours or less from the shoot start time, the fee is 100% of the agreed day rate. If 48 hours or more notice is given, the fee is 50% of the agreed day rate.
In case The Trash Factory has to cancel the filming, The Trash Factory will first try to reschedule the shooting to another date or allocate another team member of equal experience to perform the filming.
In case the Client’s shooting can not be scheduled or produced, or in case of a technical breakdown causing the accidental loss or non-recording of unique footage, The Trash Factory will return the Client’s deposit and the Client will agree that no other claims will apply to The Trash Factory, The Trash Factory’s associated videographers, staff, partners or subcontractors.
In case of a Force Majeure, a technical breakdown, loss of footage and/or cancellation by The Trash Factory for organisational, staffing or logistical reasons, both parties agree not to submit any damage claims and not to undertake any legal action or claim against the other party.
The client assumes responsibility for all equipment hired from The Trash Factory which is lost, stolen or damaged by its employees or whilst in the care of its employees. As such, any costs incurred as a result of loss/damage/replacement costs incurred by The Trash Factory as a result of such loss, will be the charged to the client.
All bookings require a 50% non-refundable deposit to secure the booking. Deposits are deducted from the final payment. If deposits are not received, the Client will understand the requested shoot date/s may be forfeited to another party. The remaining 50% is to be paid upon the commencement of editing for the video. As long as the project has not been finished and paid in full, the Client is not entitled to use any of the supplied previews online or offline.
Payment can be made via Bank Transfer upon receiving invoice(s).
Rates will be based on a pre-negotiated day length (e.g 10 or 12 hours).
A normal day will include a one hour break which is included within the agreed day length - e.g. if the day is a 10 hour day, it will be made up of 9 working hours plus one hour break.
If either kit or vehicle is to be supplied, or if the shoot is outside of the M25 then start/finish times are calculated from base-to-base (base is my home address London, E8).
Where a shoot is within the M25, the start/finish times are calculated from the filming location or call/wrap locations.
Overtime and Breaks:
Overtime will be charged for any hour or part of hour worked over the agreed day length. The normal fee for overtime is calculated on a time-and-a-half basis, unless after midnight, when it is calculated at the overtime rate multiple by a factor of two (herein referred to as T1.5 and T2 respectively).
If a lunch break or dinner break is missed, this will also be charged at the overtime rate as above (T1.5). If no break is offered within 6 hours of starting work, then a missed meal break will be charged - again this is charged at T1.5.
Travel days will be charged at a pre-negotiated rate. If travelling in the evening / after a separate shoot time will be charged as T1.5 for every hour travelled, or a half day travel rate, whatever works out cheaper for the client.
Delivery and Upload Time:
The Trash Factory strives to deliver with efficiency and to a pre-agreed timeframe for pre-production, production, post-production and final delivery. This will, however, vary from project to project.
Projects that are pending and depending on the Client's input may be finished as-is by The Trash Factory in case the Client can not provide the necessary input within a 4 week period after requested by The Trash Factory. In this case, all outstanding invoices are due and the project end result will be delivered as-is.
All clients are offered the free option of receiving digital downloads of their purchased video/s via Vimeo or WeTransfer. HDD’s containing purchased video/s can be provided at an additional fee. Please allow extra time for the delivery.
Unless it is clearly stated prior to filming that the Client does not want their video/s put online (Website/Facebook, Instagram etc), all video/s deemed appropriate and of high quality that have been created/modified by The Trash Factory may be uploaded onto social media for promotional purposes.
Copyright and Ownership:
Images and videos taken by The Trash Factory belong to The Trash Factory. The Trash Factory’s video/s and images are not to be used for commercial purposes without The Trash Factory’s agreement and written permission.
Upon receipt of the payment in full, the Client obtains the right to use their video content online and offline. Unless otherwise specified, the creative copyright of the produced video content remains the property of The Trash Factory and a user licence without any restrictions is granted to the Client.
Obtaining the right to use the video content does not include the physical dump of all original footage to the digital support or any entitlements to the raw footage.
Storing / Deleting Files :
Unless otherwise specified in the agreement between The Trash Factory and the Client, The Trash Factory will delete all raw footage filmed by us, and project files, from servers thirty (30) days after the final video(s) has been delivered and the balance invoice has been paid. Deviations from this agreement, aiming at keeping raw project files and raw footage available for future changes, need to be discussed as an extra service when the project is being approved. Additional services may include archiving a copy of all master and project files, or supplying a hard drive to the Client containing these files.
The Trash Factory is in no way responsible for storing and archiving footage sent from the Client. All rushes sent to The Trash Factory should be backed up and copied before sending.
Editing and Music License:
The Trash Factory welcomes all input before the editing process, however reserves the right to edit events to their discretion, in the spirit of their previous works and as discussed with the Client upon approval of the quote.
Client shall have the opportunity to view the completed media before delivery. The Trash Factory will allow for two (2) rounds of changes to ensure the Client is happy and it conforms to their requirements. Additional changes will incur additional fees.
If a Client chooses to supply their own music to be used in their film, prior to editing, it is understood that they have purchased the music and have obtained appropriate rights for its use. If Clients do not provide such music, The Trash Factory will choose music they find suitable.
The Trash Factory will take adequate precautions to ensure sets are safe and secure for all cast, crew and the Client. However, if such safety and security is compromised for reasons outside of The Trash Factory’s control, we reserve the right to leave a booking at any time, without any advanced notice to their Client due to ensure the safety and security of our team and associates.
The Trash Factory has the right to refuse to film if there is suitable reason to assume that their equipment may be damaged. We cannot guarantee coverage of outside events unless there is adequate shelter from inclement weather for the team to operate. If it is determined that the safety of our equipment may be compromised, we reserve the right to change the date of filming to a more suitable day, or forgo filming.
If The The Factory’s equipment fails due to technical faults made by a Client’s guests such as liquid being spilt on a camera and failure to continue filming occurs, refunds will not be made to the Client.
This proposal describes the Client’s production budget based on the available information at the time of its creation. Client agrees to cooperate with The Trash Factory to keep the production within the agreed scope and size. Extra work, ordered after project approval, and confirmed via email will be invoiced for separately. Client will be advised of an approximate per hour time frame for approval before The Trash Factory schedules any extra work and Client will be notified if any significant problems are encountered that may dramatically alter the time frame.
All information contained through booking messages will remain strictly confidential to The Trash Factory. No information will be given out to other parties without the Client’s knowledge and permission.
Should The Trash Factory agree to delivery before payment of the final balance, then the Client agrees to pay the remaining balance within five (5) working days after delivery of the final product. It is agreed that after the due date marked on the invoice, 10% of the total due balance will be charged as interest every five (5) working days, on the outstanding and overdue balance.
Talent Release Forms:
The Client agrees to verify whether anyone involved in the filming as a subject, interviewee, actor, or anyone on site while filming is in progress, has agreed to be displayed in the Client’s video and has signed his/her approval/talent release form in agreement with the Client.
To the extent permitted by law, The Trash Factory’s total liability to the Client in connection with this agreement whether in contract, tort (including negligence), or otherwise is limited to the production cost as quoted.
Any equipment stolen or damaged beyond normal wear and tear as a direct result of malicious acts or negligent behaviour by the Client or attendees at the event, the Client will agree to pay any and all repair or replacement costs. The Trash Factory reserves the right to withhold funds, refuse service and cease post-production work until these costs are paid. If the costs are not paid, the amount can be deducted from the remaining balance. If the post-production charges are not enough to cover the cost for repair/replacement, the Client will be billed for the excess costs and post-production will not take place. Unaffected services will be charged normally.
By creating a booking and/or enquiry you hereby agree to the above Terms and Conditions of Hire and acknowledge that the agreement is for a creative service. Any difference in opinion based on personal appreciation will not influence the agreement or the due balances upon accepting the quote.