T’s & C’s for a Contract of Service

1) Booking Terms

1.1 Aside initial phone calls and in-person meetings, final bookings must be made in writing by email to nicppcamera@gmail.com

1.2 Additionally, where the client operates a purchase order system, a purchase order is required no less than 7 days before an engagement as confirmation of the booking, hours, and agreed remuneration.

1.3 Failure to confirm in writing and with a Purchase Order (where applicable) will mean availability for dates discussed cannot be guarenteed.

1.4 If a booking has not been confirmed Picture Palette Ltd reserves the right to withdraw availability.

2) Payment

2.1 Payment terms are 30 days.

2.2 Payment must be made electronically to Picture Palette Ltd, using the bank payment details on all invoices.

2.3 Invoices that remain unpaid after 30 days will incur a late payment levy of 5% of the unpaid balance for each 7 day period that passes until settlement.

2.4 Picture Palette Ltd is VAT registered. All invoices will be subject to the standard rate of 20% on the invoice total.

3) Rate

3.1 At the time of booking, a rate can be quoted, with or without equipment

3.2 For the provision of a professional service into a production or broadcast, Picture Palette works to a standard day of 9 +1 hours.

3.3 An extended day can be negotiated at time of booking for an increased rate.

otherwise

3.4 Overtime will be charged at x1.5 of an hourly rate (derived from the agreed daily rate).

4) Travel

For shoots within the M25

4.1 For the provision of services with no equipment, travel by public transport, base to base, is included in the day rate.

4.1a Exception – For a working day that finishes after 22:30, or a day where travel starts before 05:30, a taxi is required, which will be charged to the client.

4.2 Where the provision of equipment necessitates the use of a vehicle to location, mileage will be charged at 65p per mile per vehicle. Parking fees for the vehicle(s), if incurred, will be charged to the client.

For shoots outside the M25

4.3 All travel will be charged to the client. Train tickets at cost or mileage at 65p per mile

4.4 Travel time to locations outside the M25 will be added to the hours worked and charged accordingly. where it exceeds the day rate hours

5) Expenses / Additional Costs

5.1 General expenses incurred during a booking will be charged to the client. These would include food, travel, parking, accommodation.

5.2 Picture Palette Ltd charges all expenses at cost, plus VAT, where they are part of the Contract of Service

5.3 All expenses will be charged on a final invoice, or separately invoiced if agreed at the time of booking.

5.3a Exception – Where expenses are anticipated to exceed the normal ‘day to day’, such as multi-night hotel accommodation, airfares, or excessive mileage, Picture Palette Ltd may require the client pick up the expense directly or pay the full amount of the expected expenses in advance.

6) Cancellation

Where an entire booking is cancelled, be it one day, or an extended period, the client may be charged a cancellation fee due to loss of work.

6.1 If a client cancels a booking they must notify Picture Palette by email, but also by phone.

6.2 If the client cancels within 48 hours (working days not weekends) of the agreed arrival time for the start of the shoot, they will be charged 100% of crew and equipment costs.

6.3 If the client cancels within 96 hours (working days not weekends) of the agreed time of arrival for the start of the shoot, they will be charged 50% of crew and equipment costs.

6.4 In the event of any cancellation, where any non-recoverable costs have already been incurred by Picture Palette Ltd, at the client’s request, or out of necessity, for example accommodation, travel or equipment hire, the client will be responsible for 100% of these costs.

7) Copyright

In observance of the current UK Copyright laws, Picture Palette Ltd recognises the following;

7.1 Where ‘works’ are created for an ‘employer’ (being the broadcaster, production company, corporate entity, making the booking) through a ‘contract of service’ involving participation in a wider production, Picture Palette acknowledges the booking client as the ‘first legal owner of copyright’.

8) Risks and Limit of Liabilities

Picture Palette Limited carries Public Liability, Employers Liability and Professional Indemnity Insurance.

Nic Holman, representing Picture Palette Limited, also agrees to undertake any and all training stipulated by the client for the safe commission of work on their premises and while engaged in providing them professional services.

For their part the client agrees the following;

That in undertaking professional services for the client

8.1 Picture Palette Ltd / Nic Holman accepts no liability for damage or injury directly arising from the poor storage and /or insufficient or improper maintenance of any equipment or software, not owned and supplied by Picture Palette Ltd.

8.2 Picture Palette Ltd / Nic Holman further accepts no liability for damage or injury caused directly by improper rigging or installation of equipment where Picture Palette Ltd / Nic Holman has not been involved in the rigging or installation of said equipment.

8.3 In all locations, and in advance, the client will be responsible for advising Picture Palette Ltd / Nic Holman of any health and safety requirements or hazards specific to the location, and for ensuring correct training or briefings to mitigate any risks.

8.4 Picture Palette Ltd and Nic Holman reserve the right, during the commission of a provision of Service, to refuse to work in conditions or locations they deem unsafe, or deem to have become unsafe.

The acceptance of a quote, and / or a subsequent confirmed booking, in writing, is an acceptance of these Terms and Conditions.