Beaches & Coastal
Client Terms and Conditions
All clients should read and understand the following before booking with East Coast.
For the purpose of this agreement, the following industry abbreviations will apply:
“EC” means East Coast Locations/Production.
“LOCATION” covers any location who is or has been registered at any time for bookings with EC.
“BOOKING” means any job or assignment which has been booked through EC.
"CLIENT" means the person or company named on the booking confirmation for whom EC has agreed to provide services.
"CREW" means any person working on the shoot.
The headings in this agreement are inserted only for convenience and shall not affect its construction.
EC provides location agency and shoot production services to clients.
Any location introduced to a client by EC may only be booked through EC and may not be contacted directly by the client. This may be considered a data breach under GDPR and EC reserves the right to invoice the client any fees to cover all losses incurred in the event of this.
The EC booking confirmation containing the terms of the booking must be signed and returned by the client at least 48 hours prior to the commencement of the booking. Failure to comply with this may result in the booking being cancelled without notice. If signing on behalf of a company, the client must be authorised to sign this agreement.
Location fees and agreed expenses will be invoiced prior to the booking, and payment must be made by return, prior to the commencement of the booking. All other fees will be invoiced on completion of the booking and payment is required within 30 days. A 10% credit charge per month will be added to all invoices not settled within these payment terms. No usage of images or footage is permitted until payment in full has been received.
In the event of a team arriving before or leaving after the contractual hours, the client will be billed the appropriate fee for the period of time over and above the contractual hours of hire. If not detailed on the booking confirmation, overtime is charged at 150% of the hourly rate and taken to the next hour up. Hire times are inclusive of set up and pack down times. Access to the location will not be given until the arranged time.
If not specified on the booking confirmation, travel expenses are charged at 50p per mile or the cost of second-class rail fare.
All fees are subject to VAT at the current rate. A supplement of 20% will be added to any additional costs incurred by EC on your (or your client’s) behalf.
In all cases the client on the booking confirmation will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. In the case of non-payment by the client, EC reserves the right to invoice the 'ultimate client' (i.e. designer/manufacturer/owner of the product in question). The client should notify all parties affected or potentially affected by this clause as no usage of photographs or footage is permitted by any person or company until all fees have been paid to EC in full.
If a booking is cancelled within three working days of the starting time, the full production fee will be charged unless the same locations are able to be re-booked within the same amount of time, in which case 50% of the fee will be charged. This applies to crew and production fees only. Location fees, prep fees and expenses such as accommodation are non-refundable and must be paid for once confirmed, whether or not the job goes ahead.
Provisional bookings, also known as options or pencils, will be automatically cancelled if they are not confirmed within 48 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed.
If a booking is 'weather permitting' this must be made clear at the time of booking. At the first cancellation, half the shoot fee is charged unless the client fails to cancel in time to prevent the crew's attendance, when the full fee is payable. At the second cancellation the full fee is charged. This applies to crew and production fees only. Location fees, prep fees and expenses such as accommodation are non-refundable and must be paid for once confirmed, whether or not the job goes ahead.
A special fee will be negotiated when the booking is in conjunction with a brand which precludes work for competing brands. It is the client’s responsibility to check whether conflicting work has been done. If a location is used for a brand, it is able to be used for any competitor unless an exclusion fee is negotiated.
HEALTH & SAFETY
The client is responsible for the health and safety of all the crew on the booking including when the crew is travelling or providing services in connection with the booking to the same extent as if the crew were an employee of the client.
The client must ensure that they, or their company, have Public Liability Insurance to a minimum value of £2,000,000 in the event of an accident or claim. An in date (until the last day of the shoot) copy of the insurance document must be emailed to EC prior to the booking and available to view during the booking upon request.
The client or company named on the PLI, shall be responsible and assumes all liability for personal injuries or death of any crew in connection with the booking as well as any loss, or damage to any part of the location and/or the location owners’ property and/or any equipment or property lost or damaged in connection with the shoot.
Notwithstanding the above in this agreement and without prejudice to the indemnity clause therein, the client acknowledges and agrees to fully meet and/or indemnify EC against the full cost of any damages and/or loss attributable to the client’s use of the location.
Any damage or repair costs invoiced will have a 20% administration fee applied.
For the avoidance of doubt, EC or the location owner are legally within their rights to pursue a claim arising from the reasons stated above.
EC is not responsible for any losses which may be incurred due to the weather, non-attendance of any crew member or any other reason. The client is advised to insure against any loss which could result due to this.
Drop offs and pick-ups are not possible pre or post shoot day(s) unless with prior arrangement agreed by EC and the location owner. A cost may be added to your invoice in respect to owner’s time/inconvenience incurred. You will be notified at the booking stage if this is requested.
Where the user has booked the location for multiple days, there may be the option to store props & equipment at the location. This should always be agreed with EC prior to the hire and may incur an additional charge depending on storage and volume of equipment. Props and equipment must be left in a designated area and comply with storage instructions given by EC or the location owner.
Any of the user’s property including props & equipment left at the location overnight or whilst away from the location are left at the users own risk. EC accepts no responsibility for any loss or damage to equipment, props or personal belongings. The user should ensure they are fully insured for any props, equipment or property left at the location.
It is advised that the client visits the location prior to confirmation. If no pre-production recce is made, no compensation can be sought should the location not meet the client’s brief and needs. If an additional recce is required in addition to a previous visit, or the recce lasts more than 3 hours, a charge may be incurred. This will be pre agreed with you prior to the visit.
The entire copyright in the Photographs and ownership of all physical materials is retained by the Photographer at all times throughout the world. Where Photographs are stored electronically, they must be erased at the conclusion of the agreed usage period.
The Licence to Use Photographs, comes into effect from the date of full payment to EC. No usage of the Photographs is permitted before full payment is received without full permission in writing. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
The period of usage commences from the first use or 6 months after the shoot date, whichever is sooner, unless otherwise agreed.
The Licence to Use only applies to the advertiser and products as stated on the invoice and shall not be assigned to any third party without the Photographer’s written permission.
Permission to use the Photographs for purposes outside the terms of the Licence to Use will normally be granted upon payment of a further fee. Any future changes/extensions to the Licence to Use must be negotiated with EC. Any unauthorised use of Photographs will be charged at the maximum percentage stated in the Association of Photographers’ re-usage guidelines and this will supersede any previous estimate.
Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the Client, or otherwise at its request, the Client shall be liable to pay such extra expenses or fees, in addition to the original agreed rates.
If the Client is not present during the shoot then the photographer’s interpretation of the brief is deemed acceptable to the Client. There is no right to reject on the basis of style or composition. In the event of any rejection, fees payable to the photographer are 100% of the agreed fees.
Manipulation of images may only take place with the permission of the photographer.
Any cause for complaint should be reported to EC when it arises. Complaints cannot be considered in retrospect.
EC fully complies with GDPR and is committed to ensuring that any data collected is secure and protected against unauthorised or unlawful processing, accidental loss, destruction and damage. In order to prevent unauthorised access or disclosure, suitable physical, technical and managerial procedures have been put in place to safeguard and secure the information collected.
EC will need to disclose personal data of its locations and crew to a client in order to fulfill a contract. In these instances, the client agrees to comply with GDPR and ensure it has implemented appropriate and effective technical and organizational measures to protect such data against unlawful or unauthorized processing and accidental loss or damage. Under no circumstances shall the client share this information with any third party or make use of this information for anything at all other than to fulfill the specified contract. The client shall permanently erase all data once the use has been appropriated.
These terms and conditions for booking and all other matters connected with the booking are governed by English Law and any dispute will be settled in accordance with that law by a court in England.
All fees are to be negotiated only with EC.
As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even when those terms and conditions have a similar clause to this.