TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM
LEEK AND POTATO PRODUCTIONS
1. Definitions & General Terms
In these Terms and Conditions, the words ‘Leek and Potato Productions’ ‘Leek and Potato ‘we’ ‘us’
‘our’ and ‘ours’ refer to Leek and Potato Productions, a UK registered business. The words ‘client’
and ‘customer’ refer to the party who commissioned and/or funded the work and any person or
organisation acting on their behalf.
These Terms and Conditions apply to all video and associated audio product created by Leek and
Potato Productions, including all moving and still images and sound recordings of whatever form.
2. Pre-production requirements
It is the Clients 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 Leek and Potato Productions for and delays or failure to deliver the
agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a Leek and Potato
Productions product, permission must be obtained from the original copyright owner / material
provider.
The client undertakes to indemnify Leek and Potato Productions against any future possible claims,
disputes, expenses or costs arising from the use of such material, without time limit.
A full production brief must be signed off by the Client before production work begins.
3. Production and post-production
All works undertaken will be as per Leek and Potato Productions written quotation based upon the
agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and
understood prior to booking. Any amendments or additional days filming will be charged at our current
daily rates.
Clear access for video and sound capture shall be arranged and managed by the Client. If filming
venues are being organised by the Client, it is the Clients responsibility to ensure that our production
crew 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.
Leek and Potato Productions 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. Leek and Potato
Productions will observe the site safety rules at all times and will liaise with the appropriate
Responsible Person(s) named in the production brief.
4. Adverse weather conditions
In the event of inclement weather which in our opinion would pose a risk to health & safety of our
personnel or equipment or has the potential to prevent successful video or audio capture, we reserve
the right to change the date or time of filming to a more suitable date or time.
5. ‘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).
6. Changes to the filming schedule
In the event of the Client wishing 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.
7. Equipment substitution
In the event that Leek and Potato Productions experiences equipment failure or technical difficulties,
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.
8. Approval / amendments of draft footage
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and
comment. Two sets of revisions will be incorporated 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 £200 per day or part thereof.
9. Project duration and delivery
Any indication given by Leek and Potato Productions of a design project’s duration is to be considered
by the customer to be an estimation. Leek and Potato Productions 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. Leek and Potato Productions will not under any circumstances be responsible for
any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
10. Copyright
In alignment with UK law, when a client asks or commissions another person or organisation to create
a copyright work, the first legal owner of copyright is the person or organisation that created the work
and not the commissioner or client, unless otherwise agreed in writing. For productions commissioned
to Leek and Potato, Leek and Potato Productions assigns joint copyright/ownership and in perpetuity
usage license for all platforms and territories. If you require full copyright and ownership of your
material, please contact us to discuss arrangements and terms in writing.
Leek and Potato Productions asserts its full rights as copyright owner of all material that has been
captured, processed and/or produced by us, whether or not such material forms part of a finished
project. The copyright of all produced material is solely owned by Leek and Potato Productions and is
protected under UK law.
11. 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
Leek and Potato Productions 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 retain all rights to the usage of footage captured during the production of any client-commissioned
project. As part of our video production service, we will grant a time-unlimited licence for use of that
footage to the Client subject always to the following express condition:
“Leek and Potato Productions retains all copyright over any content we produce. A usage licence
grants the Client permission to use the content in the state in which we provide it to the Client.
Permission is not granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our
showreels and for other promotional purposes.
Leek and Potato Productions assigns to the Client a licence to use the video production 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.
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 licence 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.
DATA POLICY
Leek and Potato Productions is committed to being transparent about how it collects and uses
personal data. We do not sell, rent or trade email lists with other companies and businesses for
marketing purposes.
We use a third-party service, Google Analytics, to collect standard internet log information and details
of visitor behaviour patterns on our website. We may gather information about the Client’s general
internet use by using the cookie. Where used, these cookies are downloaded to their computer and
stored on the computer’s hard drive. Such information will not identify their personally. It is statistical
data. This statistical data does not identify any personal details whatsoever. We do this to find out
things such as the number of visitors to the various parts of the site – it helps us improve our work and
understand how best to serve our Clients and make their experience better.
Due to the nature of our personal approach to each project, we do not use any third-party mailing
services such as MailChimp to send out mass emails to clients.
We do not share any collected personal data with third parties online or on paper. If the Client
contacts us via our contact form or directly via an email address, their information will be hosted within
our email client which is Gmail. If the Client’s personal information becomes vital to a production and
their information needs to be on a production call sheet, this will only be shared with other individuals
who are specifically linked to the production.
The Client is responsible for helping us keep their personal data up to date. They should let us know if
data provided to the organisation changes such as changes in bank details or addresses. In
accordance with the Data Protection Act 1998 the Client has the right to access any information that
we hold relating to them and has the right to request Leek and Potato to cease storing personal
information if it unlawful or irrelevant or otherwise.
PAYMENT
Our payment terms are strictly 10 working days from date of invoice and in the event of an order being
confirmed the Client accepts these terms.
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. Leek and Potato
Productions reserves the right to withhold delivery and any granting or continuation of usage licence
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 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.
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 Leek and Potato Productions
under UK law.