Legal
1. Scope of Services:
1.1 Odens Visuals (hereafter “the Company”) agrees to provide marketing services, video content creation, editing, and other creative services as specified in the selected package or agreed service scope for the client (hereafter “the Client”).
1.2 The Client agrees to supply all required information, materials, and approvals promptly to ensure timely completion of the project.
1.3 Once production begins, the agreed scope is considered final. Any changes will require a new quote and timeline. Any additional requests, versions, or formats, not included in the original quote will be quoted separately.
2. Payment Terms
Any payments made after 48 hours of receipt will incur an additional late fee, and risks delaying production and/or receiving final deliverables.
2.1 Payment Methods
All payments must be made via a secure payment link, bank transfer or other pre-arranged methods. Please note all fees are exclusive of applicable taxes.
2.2 Project-Based Fees
2.2.1 The Client agrees to pay the fees as outlined in the agreed-upon service package or proposal, with a 50% non-refundable deposit due upon scheduling a shoot date.
2.2.2 25% of the full balance will be due 3 days prior to the scheduled shoot date. The remaining balance will be due upon release of final deliverables.
2.3 Retainer Packages
2.3.1 For clients on a monthly retainer package, payment for each month’s services shall be made one month in advance, with the full retainer fee due on the first (1st) of the preceding month. This ensures continued access to ongoing content creation and marketing services for the upcoming month.
2.3.2 Retainer fees are due in advance and are non-refundable. Failure to make timely payments may result in suspension of services until payment is received.
2.3.3 Any services beyond the scope of the retainer package, including extra revisions or additional content, will incur additional charges based on the standard hourly rate of £100 calculated to the nearest hour, or a separately agreed-upon fee.
2.3.4. If the Client fails to provide any assets agreed upon in the scope of work, the full payment will be due, irrespective of the number of final deliverables provided.
2.3.5 In order to pause a retainer subscription, the Client must provide at least 30 days written notice from the date of intended pause date.
2.3.6 The Client must provide 30 days written notice to terminate a retainer subscription. All outstanding fees and deliverables up to the effective cancellation date shall remain payable in full.
2.4 Additional Charges
Any additional work or revisions outside the original scope may incur additional fees as specified in the revision policy.
2.5 Inconvenience Fee
The Company reserves the right to charge an inconvenience fee for disruptions caused by client-initiated changes, delays, or cancellations, including:
Delays exceeding 15 minutes during the shoot (e.g., late starts or unpreparedness at the set location).
Requests exceeding the agreed scope of work.
Unscheduled breaks during productions that are not specified within the scope of the shoot.
2.6 Late Payments
The Company reserves the right to charge interest on overdue invoices under the Late Payment of Commercial Debts (Interest) Act 1998, at a rate of 8% above the Bank of England base rate, along with any necessary collection fees.
3. Cancellation and Rescheduling
3.1 Rescheduling or cancellations with less than 48 hours notice results in a fixed inconvenience fee of £100.
3.2 If the Client cancels or reschedules the project, the initial deposit remains non-refundable.
3.3 If the Client terminates a shoot earlier than the scheduled end time, no refund will be issued for the remaining time. Nor can any additional work beyond the agreed-upon scope be incorporated within this allocated timeframe.
3.4 All planned content agreed in the scope of work must be captured on the agreed shoot date. Any content missed off, or additional work related to the original project must be treated as a new project and will require a separate quote agreement.
4. Deliverables
The agreed turnaround time for all deliverables shall commence the following working day after content capture, or once all required materials have been received by the client.
4.1 Any delays in providing such materials or approvals will result in a corresponding delay to the delivery schedule.
4.2 In cases of unforeseen circumstances (e.g., equipment failure, illness, or severe weather), the Company reserves the right to reschedule, making every effort to minimise disruptions and accommodate the Client’s timeline.
4.3 Rush delivery requests may be accommodated subject to availability and may incur an additional fee of 20% of the total project cost.
5. Revisions
All projects include 2 rounds of revisions, which can be defined as minor adjustments and modifications, please refer to our separate revision policy document for additional information.
6. Liability
The Company will take all reasonable care and professional measures to ensure a safe, high-quality delivery of all services and materials.
6.1 The Company will not be held liable for delays, losses, or damages resulting from circumstances beyond its control, including but not limited to technical failures, natural disasters, or restrictions imposed by governing authorities.
6.2 The Company shall not be liable for consequential, indirect, or financial losses arising from project delays, missed deadlines, or failure to meet specific marketing or commercial outcomes.
6.3 The Client agrees to indemnify the Company from claims, damages, or liabilities arising from the usage of the content provided by the Company.
6.4 In the unlikely event of a technical failure, data loss, damage to file, the Company claims total liability, and the Client shall be reimbursed with a refund totalled to the amount paid for the specific deliverable affected, or entitled to a re-shoot where possible.
7. Client responsibility clause
7.1 The Client is responsible for securing all necessary permissions, access, and materials required for production. Failure to do so may result in delays or additional fees.
7.2 The Client agrees to provide all brand assets, references, materials, and creative direction required to deliver the project, no later than five (5) business days before the production start date. Any delay in supplying these materials may result in a corresponding delay to the delivery schedule.
7.3 The Client shall designate one primary point of contact for all communication, feedback, and approvals to ensure clarity and efficiency throughout the project.
7.4 Where applicable, the Client is responsible for completing all necessary legal forms and that any provided materials (e.g., logos, music, footage) are legally cleared for use.
7.5 The Company shall not be held liable for delays, cancellations, or additional costs arising from the Client’s failure to fulfil the above responsibilities.
8. Editing & alterations
Clients are not permitted to edit, modify, adapt, or otherwise alter any content created by the Company without prior written consent. This includes, but is not limited to, the addition of captions, graphics, memes, filters, or any other visual or audio modifications. Any unauthorised alteration is a breach of this agreement and may result in removal requests, additional fees, or termination of usage rights.
9. Credits & tagging
9.1 Where deliverables are published online or across social media platforms, the Client agrees to credit the Company appropriately by tagging or mentioning the official handle (@odensvisuals) in the caption or relevant post tags.
9.2 For commercial or website use, the Client agrees to include the credit “Produced by Odens Visuals” in the project description, credits section, or other suitable area where creative contributors are acknowledged.
9.3 Where third-party publications, collaborators, or agencies use the Company’s work, the Client agrees to take reasonable steps to ensure that credit remains visible and accurate.
9.4 The Company reserves the right to use any delivered content, behind-the-scenes materials, and project stills for self-promotion across its website, portfolio, and social channels, unless a written Non-Disclosure Agreement (NDA) has been signed prior to production.
10. Ownership and Usage Rights
Upon full payment, the Client receives a non-exclusive licence to use the final edited content for its intended purpose only. Any further distribution or commercial usage rights must be arranged separately and may incur an additional fee.
11. Raw Footage & Project Files
11.1 Raw files, project files, and unedited footage remain the property of the Company and are not automatically included in any project delivery. Access or transfer of these files can be arranged under a separate agreement and additional fee.
11.2 Final deliverables are stored for 6 months. Raw footage is retained for 30 days unless otherwise agreed. Retrieval after this period may incur a £75 archival fee.
12. Data protection & GDPR compliance
The Company complies with applicable data protection laws. Any personal data collected will be stored securely and used solely for project-related purposes.
13. Confidentiality
13.1 Both parties agree to maintain confidentiality regarding sensitive or proprietary information disclosed during the project.
13.2 The Company may use project details for portfolio or promotional purposes, unless the Client specifically requests otherwise in writing.
14. Working Hours and Contact
The Company hours are Monday to Friday, 9:00 am – 5:00 pm. Weekends are by prior arrangement only. Please refer to the packages policy for further details regarding day rates.
14.1 Filming days are based on a standard 8-hour working day, including set-up and set-down. Any hours worked beyond this, will be charged at 1.5x the hourly rate (rounded to the nearest hour)
15. Governing Law
These terms and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute, or matter arising under or in connection with this agreement.
16. Termination of Contract
Both parties may mutually agree in writing to terminate this agreement at any time. Payments due will be calculated based on the services delivered up to the date of termination.
17. Entire Agreement
These terms and conditions represent the complete agreement between the Company and the Client, superseding any written prior agreements.
