TERMS AND CONDITIONS OF HIRE

 

 

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Consent:

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By hiring Matel you are consenting to be filmed/photographed by Franck Matellini and/or associated videographer/s.

 

 

Quotation Validity:

Matel ’s quotes are valid for 10 working days. When a quote is not accepted within 10 working days, Matel can revoke the validity of a quotation in view of the availability of its teams. When a quote is accepted or the service requested more than 10 days after the initial quote date, discounts and bonuses that were part of the initial quote are no longer applicable.

 

 

Production Timeline (Corporate & Commercial / Music Videos):

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 Matel

• Matel will issue a deposit invoice for 30% of the total production budget

• Matel 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 Matel 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.

 

 

Communication:

To guarantee clear communication, Matel requires the Client to choose one contact person within their organisation to discuss the production. Matel 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, Matel agrees to notify the Client of the amount/time before any such additional costs are incurred and Matel 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:

In the case of total cancellation by the client, the deposit will always be allocated to cover pre-production, project admin and cancellation fees. 

In the event of cancellation, the following charges apply. Should Matel find replacement work, there will be no charge.

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1-7 days' notice = 100.00%

8-14 days' notice = 75.00%

15-21 days' notice = 50.00%

22-28 days' notice = 30.00%

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In case Matel has to cancel the filming, Matel 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, Matel will return the Client’s deposit and the Client will agree that no other claims will apply to Matel ’s associated videographers, staff, partners or subcontractors. 
In case of a Force Majeure, a technical breakdown, loss of footage and/or cancellation by Matel 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.

 

 

Meals and Breaks:

For any shoot over four (4) hours, a one (1) hour break must be provided for all members of Matel ’s team, with meals provided by the Client. 

For location shoots, a daily food expenses allowance should be provided or written into the quotation.

 

 

Booking Deposit:

All bookings require a 30% 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 70% is to be paid upon receipt of final invoice.

 

Delivery and Upload Time:

All clients are offered the free option of receiving digital downloads of their purchased video/s via Vimeo, Wetransfer or Wipster. USB’s containing purchased video/s can be provided at an additional €50 fee. Please allow extra time for the delivery of purchased USB’s.

 

Online Uploading:

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 Matel may be uploaded onto social media for promotional purposes. 

 

 

Copyright and Ownership:

Images and videos taken by Matel therefore belong to Matel. Matel’s video/s and images are not to be used for commercial purposes without Matel’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 Matel 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.

 

 

Deleting Files
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Unless otherwise specified in the agreement between Matel and the Client, Matel will delete all raw footage, project files and supplied digital files from servers once the final video 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.

 

 

Editing and Music License:

 

Matel welcomes all input before the editing process, however reserves the right to edit events and corporate videos 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.Matel will allow for one (1) chance for moderate changes to be requested. Further changes will incur additional fees. See below.

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, Matel will choose music they find suitable.

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Safety:

Matel has the right to leave a booking at any time, without any advanced notice to their Client due to safety and security reasons. This is due to the welfare of Matel, Matels associated videographer’s, as well as the equipment that is used.
Matel 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 in the case of weddings, forgo filming.
If Matel’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.

 

 

Travel Fee:

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Matel does not charge a travel fee for an event/shoot within a 40km radius of Annecy, FRANCE and 30 km radius of Paris, FRANCE. The travel fee for events outside that radius is €0.50 per Kilometre. Travel fees depend on the location of the event and may incur additional charges. See ADDITIONAL COSTS below. 

 

 

Additional Costs:

 

RE-EDITS: This proposal describes the Client’s production budget based on the available information at the time of its creation. Client agrees to cooperate with Matel to keep the production within the agreed scope and size. Extra work, ordered after project approval, and confirmed via email will be invoiced at €75 p/h - Client will be advised of an approximate per hour time frame for approval before Matel schedules any extra work and Client will be notified if any significant problems are encountered that may dramatically alter the time frame.

 

TRAVEL AND ACCOMMODATION: Travel and Accommodation, if applicable, are required to be paid in full by the Client when deposits are made. 

 

OVERTIME: Any additional hours of shooting on top of the agreed hours required by the Client on the day of the event/shoot will be billed at €100p/h per cameraman up to 12 hours and €150 p/h per cameraman for hours exceeding 12 hours.

 

PARKING: Any parking fee in excess of €10 accrued by Matel on the day of the booking will be added on to the Client’s final invoice.

 

 

Privacy:

 

All information contained through booking messages will remain strictly confidential to Matel. No information will be given out to other parties without the Client’s knowledge and permission.

 

 

Payment Delays:


 

Should Matel 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.

 

 

Liability:

 

To the extent permitted by law, Matel’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. Matel 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.**