Terms
and conditions:
Throughout these terms and conditions the use of “we”,
“us”, “our” refers to Linsey O’Neill Design, “you”, “your”
refers to the Company or representative thereof that contracts with Linsey
O’Neill Design for the purposes of the production of a video recording of the
show.
1.
Before commitment by us to record a show for you we will
require to ensure that appropriate permissions to make a video recording of the
show have or can be obtained. If there is an additional licence cost required
for video recording you have the option of applying for and paying the
additional licence fee. Alternatively we can apply for and pay the cost of any
additional licensing for you but will require you to pay to us the additional
cost up-front. This additional cost to cover licence fees will be
non-refundable. In some circumstances it may not be possible to obtain such
licence in which case we cannot enter into a contract with you for the
production of a video recording of your show.
2.
If, after we have established licensing needs, it is found
that we can record the production then we can agree in principle to record your
show.
3.
A refundable deposit to the cost of 20 DVD’s is required to
secure booking. This will be returned to you, along with your mark-up once all
advanced orders with payments have been collected by us (see 7). If we have paid
for additional licence fees we will require payment from you of the equivalent
sum with your deposit. This element of the deposit will NOT be refundable.
4.
To cover the costs of editing, we require a minimum paid
advance order of 20 DVD’s to proceed with the video production
5.
If, by dress rehearsal (or agreed date), 20 advance orders
with payment have not been secured, we reserve the right to cancel and will
refund your deposit less any sum paid buy us to cover additional licence fees
(if applicable). However, you may choose to proceed with the recording and will
receive 20 DVD’s in return for your deposit.
6.
If you cancel, for whatever reason, we will refund your
deposit pro-rated as follows: 6 weeks to show; 100% refunded, 4 weeks to show;
50% refunded, 2 weeks to show, no refund. Any sums paid by us in respect of
licence fees will NOT be refundable.
7.
You are free to add whatever mark up to the base cost of the
DVD you wish. All monies we owe to you as a result of your mark-up and your
deposit will be paid once all advanced orders with payments have been collected
by us.
8.
We will provide you with order forms that include the price
we have agreed with you. You will
need to make your cast and company aware that the show is to be recorded. Either
you can distribute order forms and collect orders and money and give them to us,
or we can attend your rehearsals on pre-agreed dates with the express purpose of
taking orders and money directly. Details of how orders will be handled can be
dealt with at time of agreement to record your show.
9.
If the cast includes children, you are responsible for
ensuring parental consent for photography and video recording (we can provide
suitable forms for this purpose, if required). If any parent declines to give
consent then we are unable to enter into an agreement to record the show in
which case clause 6 will be invoked.
10.
If all of the above conditions are satisfied and yet we are unable to
produce a video of your show as a result of our fault for whatever reason, our
liability will be limited to refund all monies paid to us including any licence
fees paid to us by you.
11.
DVD editing usually takes between 4 and 8 weeks. You will be advised an
approximate date of completion at time of booking. Once the DVD’s have been
produced we can either deliver them to you for onward distribution or deliver
them directly to the recipients whichever you prefer.
12.
Any orders subsequent to the initial order may be taken by you and
forwarded with payment to us for fulfilment or alternatively orders can be
placed directly with us. We will commit to furnish you with copies of any such
orders along with your mark-up as soon as possible after we receive payment.
13.
Payments to you can be made by cheque, cash or bank transfer whichever
you prefer.
14.
No DVD or photographs will be delivered without up-front payment.
15.
We will need access to dress rehearsal and possibly technical rehearsal
(depending on show requirements) and at least one other rehearsal, preferably
one to two weeks before show date. We need access to the show venue at least 1½
hours before curtain up on show nights that we have agreed to record.
16.
No
other persons will be allowed to make a video recording of the show (usually
limited by licence anyway) and on the evening(s) when we record there must be no
flash photography used.