Terms & Conditions

On behalf of Eduard Ferrer Sole T/A Mountkam.

This agreement formalizes the established work practice & etiquette by which I operate. The following points form the basis of my employment, subject to different conditions being agreed to in writing.
I enjoy a fair workplace, act with goodwill, and hope you view my Terms & Conditions as reasonable. Please negotiate or clarify any points prior to the job.

DAILY BOOKINGS ON SHOOTING DAYS are taken in time-specific 10-hour and 12-hour increments, with overtime charged beyond this time. Schedules must adhere to the booked times, as multiple bookings may be held. Jobs wrapping early will be billed as per the original booking. Unless stated all shooting jobs are based on a 10-hour day.

DAILY BOOKINGS ON EDITING/ANIMATION/COLOUR GRADE DAYS are taken in time-specific 8-hour and 10-hour increments, with overtime charged beyond this time. Schedules must adhere to the booked times, as multiple bookings may be held. Jobs finished early will be billed as per the original booking. Unless stated all shooting jobs are based on a 10-hour day. A half-a-day (5-hour day) rate is available for jobs in the late stages needed a few amends.

BOOKINGS are accepted subject to availability and may be CONFIRMED at the time of booking or placed as a pencil.

A PENCIL may be cancelled by either party.

A PENCIL is considered CONFIRMED 48-hours prior to the day of the booking unless CANCELLED or NEGOTIATED. These times are measured by business days, excluding weekends & public holidays. The onus remains with the Production at all times.

CANCELLATIONS are recorded via personal contact or recorded message on mobile telephone (07596 082587), with email (contact@mountkam.com) or SMS (07596 082587) as secondary methods.

Once a booking has been confirmed CANCELLATION FEES apply at the rate of 50% if the cancellation is made more than 48 hours before the booked day, or at 100%, if the cancellation is made within 48 hours

of the booked day.

The extent of Eduard Ferrer Sole’s LIABILITY due to illness, errors, omissions, professional negligence, technical & mechanical failures, and/or effects of crime shall be limited to the equivalent of the Booking’s daily fee.

Eduard Ferrer Sole T/a Mountkam ACCEPT NO LIABILITY or responsibility associated with the rental, loss, damage or use of equipment or loss of profits or any other consequential loss of any kind suffered by the Client or any third party.

Confirming the job binds you to these Terms and Conditions.

B. WORK-DAY & TIMES

On Shooting days:

TIMES are measured from BASE-to-BASE, inclusive of lunch, travel & appropriate breaks.

CALL TIME is measured from the First-Requirement of the day.

WRAP is defined as Departure-From-Final-Location or Final-Requirement of the day.

A Work Day or Overtime Buy-Out is bound by a LIMIT ON WORKING-HOURS set at 13-hours on Production Days and Travel Days, excluding long-haul flights.

OVERTIME is measured per hour or part-thereof, and applies to all Productions UNLESS SPECIFICALLY NEGOTIATED.

OVERTIME applies at 1.5 times the hourly-rate, double time after midnight.

On Editing / Animation / Colour Grade Days:

TIMES are measured from BASE-to-BASE, inclusive of lunch & appropriate breaks.

CALL TIME is measured from 8:30 am UNLESS SPECIFICALLY NEGOTIATED.
WAITING TIMES to receive the brief or feedback from the client are included in the working daily hours.

EOP time is defined as Final-Requirement of the day.

A Work Day or Overtime Buy-Out is bound by a LIMIT ON WORKING-HOURS editing at 10-hours.

OVERTIME is measured per hour or part-thereof, and applies to all Productions UNLESS SPECIFICALLY NEGOTIATED.

OVERTIME applies at 1.5 times the hourly-rate, double time after midnight, at weekends and on bank holidays.

C. TRANSPORT & MILEAGE

Quoted Crew / Kit van RATES don’t include a Transport Allowance. This can be included with a negotiable price.

All TOLLS, PARKING FEES or CHARGES incurred in the course of Production are billed to the Production. TRANSPORT provided by the Production must meet adequate safety, comfort & security standards, or be negotiated with respect to the nature of the production.

D. EQUIPMENT & MEDIA

MEDIA – Quoted camera hire includes 4 x cards per camera. It is the responsibility of the Production to return cards and cards reader/s within 48 hours of WRAP.
ELECTRONIC PROJECT FILES (for editing, motion graphics and Colour Grade) remain the property of Eduard Ferrer Sole and can be supplied for an additional fee of 30% of the final cost of the project + VAT.

ALL MEDIA AND PROJECT FILES will be stored for at least one month. Copies of these can be requested by clients and they will be supplied for the cost of a hard drive and postage.

Listed EQUIPMENT is a guide, and that brought onto Location is deemed appropriate.

RENTAL EQUIPMENT sourced on behalf of a Production may incur charges, including pick-up & return.

No responsibility is accepted for equipment rented on behalf of the Production.

EQUIPMENT DRY-HIRE SALES – The Client accepts all equipment is in good working order prior to leaving Eduard Ferrer Sole’s premises. All equipment supplied by Eduard Ferrer Sole T/A Mountkam shall be examined and subjected to appropriate tests by the Client before being taken into use and if found to be defective or deficient will be replaced or defects and deficiencies remedied by Eduard Ferrer Sole without additional charge but in no circumstances shall Eduard Ferrer Sole T/A Mountkam be liable for transportation charges or for any loss or damage of whatever kind howsoever caused arising out of or in connection with the use or the inability to use equipment supplied. Eduard Ferrer Solé shall at its own expense during the hire period make any repair or supply such replacement of equipment as may be necessitated by ordinary wear and tear provided that the Client returns any equipment needing attention to Eduard Ferrer Sole premises. Carriage insurance and handling charges including charges for the return journey of repaired or replacement equipment to be paid by the Client. Eduard Ferrer Sole T/A Mountkam will suspend the hire charge during the period in which the equipment is out of service or until it is replaced but Eduard Ferrer Sole shall in no circumstances be liable to the Client for any loss, damage or expense incurred or sustained in connection or resulting from the return, repair or replacement of such equipment.

EQUIPMENT DAMAGE caused by handling by unauthorized persons or the actions of persons associated with or employed by the Production will be charged to the Production. Authorization is restricted to senior persons in the camera, sound, lighting & grip departments having the appropriate qualifications and experience and who are familiar with the type of equipment.

USE OF EQUIPMENT – Without previous agreement with Eduard Ferrer Sole T/A Mountakm hired equipment must not be used on any abnormal or hazardous assignment nor taken out of the United Kingdom. Clients must keep hired equipment in their custody, protect hired equipment from the elements and take all reasonable precautions for its safety. Under no circumstances should hired equipment be altered, added to, modified, adapted or misused.

FAILURE TO RETURN EQUIPMENT/DAMAGED EQUIPMENT – The Client shall pay Eduard Ferrer Solé the full replacement value of hired equipment not returned or the full cost of repairing any damage together with any additional hire charges whilst the equipment is being repaired or replaced.

LATE RETURNS – Equipment returned late will be charged at the single agreed daily rate for each calendar day or part thereof.

CONSUMABLES are charged if used – lighting gels, gaffa tape etc. Camera filters are deemed consumables, and if scratched, chipped or broken will be charged to production.

E. WORKPLACE

A SAFE WORKPLACE is always maintained. All personnel reserve the right of refusal.

MINIMUM 11-HOUR TURN-AROUND as per UK Workplace legislation, overtime will be charged for every hour the 11-hour rule is not adhered to.

A one hour meal break is due EVERY 6 HOURS, with an hour’s overtime charged per missed opportunity. Productions planning to shoot in HOSTILE ENVIRONMENTS must advise prior to confirmation. Such environments include exposure to sand, salt, water, dust, biological and chemical agents, civil unrest and declared hostilities.

Production must notify Eduard Ferrer Sole of all reasonably FORESEEABLE RISKS related to the job.
Eduard Ferrer Sole reserves the right to refuse to work in any location where is not permitted under UK law or in any private location where the production company or client wants to shoot without the previous authorization obtained.

F. PAYMENT, INVOICING, COPYRIGHT

PAYMENT TERMS are strictly 30 DAYS, or as stipulated on the invoice.

LATE PAYMENT may lead to LATE FEES charged at the rate of 8% above the Bank of England base rate (The Late Payment of Commercial Debts Act 1998) + compensation entitlement £40 for a debt up to

£999.99 – £70 for a debt £1000.00 to £9999.99 and £100 for debt of £10000.00+. Failure to pay within 90 days of the invoice date may result in legal action.

ORIGINAL RECEIPTS are retained in Eduard Ferrer Solé’s accounts and charges will be itemized on the invoice.

COPYRIGHT of all recorded materials, Edits, Animations or colour-graded pieces remain the property of Eduard Ferrer Solé until full & final payment has been received. Eduard Ferrer Solé reserve the right to use any footage and related files from any client-commissioned project in his showreels and for other promotional purposes unless he has granted the material will always remind confidentially before his services are booked.

The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.

G. TRAVEL

AIRPORT TRANSFERS and/or AIRPORT PARKING are billed to the Production.

PER DIEMS must adequately cover meals, telecommunication & weekly laundry, with respect to schedule & destination. Alternative arrangements by negotiation.

TRAVEL & REST DAYS include zero filming.

ACCOMMODATION & TRANSPORT provided by the Production must meet adequate safety, comfort & security standards, or be negotiated with respect to the nature of the project.

H. INSURANCE

THE CLIENT’S INSURANCE – Without a specific written agreement to Eduard Ferrer Sole prior to the commencement of the hire period the Client shall effect its own insurance on equipment. The Client’s policy shall provide coverage for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges while the equipment is repaired or replaced.

I. FOREIGN (VISITING) PRODUCTIONS

All required payments must be received prior to commencement.

Final payment including incurred costs is due upon completion of each schedule. Continuation Of Services beyond the schedule is negotiable.

Discontinuation Of Services within the schedule incurs applicable Cancellation Fees and immediate air transport to London for personnel and equipment.

Scheduled Payments are negotiable for long-term projects.

Recorded materials may be withheld until receipt of due payment. When recorded materials are withheld, returns will be arranged upon receipt of payment via the Production’s means & expense. All due care is taken, and no responsibility is accepted for losses.

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. Including but not limited to: the provision of Purchase Order; written or verbal acceptance of a quote; instruction to book out calendar days. This document shall be taken as an agreement between the Client and Eduard Ferrer Sole under UK law.

I hope you view these Terms & Conditions as fair & reasonable. The intricacies of the industry are presented to promote transparency and avoid unnecessary disputes, so please clarify or negotiate any points prior to the job. I look forward to smooth business dealings and great projects with you.

Terms & Conditions

On behalf of Eduard Ferrer Sole T/A Mountkam.

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