Terms & Conditions
Terms and Conditions, Eric Peterson, dba: Fault Line Media
Created: May 11, 2015
Last Updated: March 12, 2024
We encourage everyone to read this BEFORE they work with us. It contains everything you need to know about how we operate. If you have any questions, please don’t hesitate to ask!
Definitions
“The Company” meaning Eric Peterson, Vancouver, British Columbia, V5V 1E7. “The Client(s)” meaning any person, body of persons, firm, organization, or company with whom the Company enters into a contract for the sale of goods or services by the Company. “Creative Material” meaning, photographic still image, moving image, audio and design elements.
Acceptance of Terms and Conditions
All contracts and transactions between the Company and the Client whether made orally or in writing are subject to these Terms and Conditions. It is the responsibility of the Client to assume that a Terms and Conditions exists, and that it should be read in full and understood prior to utilizing the services of the Company. Please note, these Terms and Conditions are always available on the website of the Company, as well as noted in e-mail correspondence, as well as on all quote and invoices.
Copyright and Ownership
In accordance with Canadian Copyright Law Bill C11, the Company retains all rights to Creative Material created for the Client. All Creative Material produced for the Client is licensed, not sold. The Client may use all Creative Material created by the Company for the Clients business operations, however Creative Material may not be copied, reprinted, duplicated and/or sold unless previous written consent has been given by the Company.
If the Client wishes to own the copyright of Creative Material produced by the Company, an additional fee will be paid by the Client to the Company. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client supplies the Company with materials including digital files, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder of the supplied materials. The Client agrees to full indemnify the Company in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
The Company reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Prices and Fees
All prices, fees and charges, including post-production hourly rates, half-day rates, full-day rates, and travel rates, are reviewed yearly and on a per Client basis. However, the Company reserves the right to adjust, change, increase or decrease, all prices and fees, at any time.
The next fee structure review will be January 1, 2024
Meetings and Calls
The Company reserves the right to charge a 1-hour fee for any, and all meetings and/or calls, regardless of being held in-person, online or by telephone. This is at the discretion of the Company.
(Generally speaking, consultations and preliminary project calls are all included with video services. However, due to an increase of requested scheduled calls, like Zoom and Teams meetings, it has become necessary to charge for this time or deny some meetings due to current workload. Please ensure all requested meetings are for valuable purposes.
Eg.
1-hour charge: To go over and review a previously e-mailed brief
No charge: To discuss and organize shoot-day logistics and timings.
As always, feel free to contact Eric on his cell if you’d like to have a quick chat)
Estimates and Quotes
Any prices quoted to the Client are for the original job description and specifications given to the Company by the Client. The Company reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before, during or after the assignment. Wherever possible, the Company will provide indication of what these additional charges will be. Each quote provided by the Company is specific to the assignment listed on the quote. It is not to be assumed that the fee structure provided on the quote will be the same on the next quote.
Common Additional Fees
Travel – A travel fee will be applied for trips over two hours by road, and on all trips requiring air travel and most by boat travel. The travel fee will be charged in either Half Day Travel Rate or Full Day Travel Rate depending on length. In some cases the Company may waive this fee.
Tolls – The Company reserves the right to charge a road toll fee if the Company has to incur this expense when traveling to the Clients location.
Parking – The Company reserves the right to charge a parking fee if the Company has to incur this expense to work at the Clients location.
Taxi Cab / Uber / Lyft Incidental – The Company reserves the right to charge a Taxi Cab / Uber / Lyft Incidental fee if the Company has to incur this expense to travel between Client shoot locations locally and all non local locations.
Incidentals – The Company reserves the right to charge an incidentals fee for meals when The Company is outside of Vancouver on
Cancellation Fees
– The Company reserves the right to charge his full fee if a booking is cancelled or re-booked by the Client within one business day of the first day booked, and/or within 24-hours of the starting time.
– The Company reserves the right to charge 50% of his full fee if a booking is cancelled or re-booked by the Client within 3 business days of the first day booked.
– The Company reserves the right to charge 30% of his full fee for bookings of 3 consecutive days or more when cancelled or re-booked by The Client at anytime.
The Company will charge the Client 100% of any fees taken on by the Company in preparation for the work. These fees could include but are not limited to: Hourly Pre-Production costs, Camera and Equipment Rentals, Studio/Office Rentals, Wages Paid to other contractors.
Payment Terms
All payments for products and services provided by the Company must be made within 30 days upon the invoicing date. The Company reserves the right to charge interest on all overdue invoices at a rate of 2% per 30 days.
Canadian GST/HST will be applied to all invoices at the rate in the province or territory of the billing address. For international orders, the 5% rate will be applied.
Client Representation
The Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of the Company’s interpretations of the Clients brief. If the Client or an authorized representative is not present, the Company’s interpretation shall be deemed acceptable.
Confidentiality
The Company acknowledges that in some cases he may receive information from the Client, which is designated by the Client as confidential. Upon request from the Client, the Company agrees to keep this information confidential and not disclose such information to other parties except as required by law.
Retention of Title
The Company reserves the right to retain all of the Clients creative materials and materials in his possession until all monies owed to the Company have been paid in full. Furthermore, the licenses granted by the Company to the Client will also be revoked until payment has been made in full, and cleared.
Storage of Media
The Company does store most Creative Materials created for The Client, but does not guarantee the permanent storage of the Creative Materials and some loss may occur. Where possible The Company will do his best to retain Creative Materials that have been created by The Company.
The Company does NOT store Creative Materials that are given or supplied to the Company by the Client for projects.