1. General Terms

The following terms shall have the meanings ascribed to them in these terms and conditions and any related agreement:

“Business Day” means any day (other than Saturday and Sunday) on which ordinary clearing banks are open for business in London;

“Event” means a gathering such as a conference, concert, workshop, wedding, or other public, business or social occasion.

“Film” means any recording for future visual production (with or without sound) using devices now or hereafter know or conceived in relation to the Filming.

“Filming” means the recording of images with a camera.

“Intellectual Property Rights” means copyright (including without limitation any rental and lending rights and the right to communicate to the public) and related rights in any Works and/or otherwise, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential in-formation (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world in perpetuity and ‘Intellectual Property’ shall be construed accordingly by reference to the property giving rise to the Intellectual Property Rights

“Location” meanse the site or sites where the Filming takes place.

“Model Release” means a document granting permission to publish the image of someone in one form or another [including a waiver of moral and other intellectual property rights].

“Products” means any merchandise or spin-off materials relating directly or indirectly to the Works and/or the Company’s business from time to time;

“Project” means the project contracted by the Client;

“Works” means all film, digital media, records, reports, documents, papers, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, software, and all other materials in whatever form, including but not limited to hard copy and electronic form, related to the Project and the Products.

1.1. Stories Like Us Ltd. (“Stories Like Us”) is a creative agency and each Project produced is unique to the person or company that commissions the Project (“Client”). There are a wide variety of options and decisions that shape each Project. In cases where the terms of other agreements entered into in relation to a Project conflict with the terms outlined in this document, except where expressly provided otherwise in relation to each such term, these terms and conditions shall prevail.

1.2.  Stories Like Us reserves the right to periodically update and supersede these terms and conditions provided always that Stories Like Us shall bring such amended terms and conditions to the attention of the Client by publishing same on the website of Stories Like Us.

1.3.  Stories Like Us provides an artistic service, and like all art, the nature of what it creates is subjective. Whilst Stories Like Us will endeavour to be faithful to the Client’s requests, Stories Like Us will not provide discounts to its billing policy, and may charge additional fees to amend projects to the Client’s preferences.

1.4.  With most Stories Like Us Projects, the staged approach is twofold – Development and Production. Development refers to the time it takes to develop the unique idea for the specific Project, and to share the vision and budget for that specific idea to become a Project. Production refers to the physical creation and realisation of that idea into a Project.

1.5.  All Development fees are required in advance, as well as some Production fees, on certain projects (such as Event Work). Some Productions are paid for in segments, as outlined below:

1.5.1.   Projects require a deposit of 50% to be paid up front.

1.5.2.   For large Projects, where cost estimates are broken down into three stages, the Client will pay Stage 1 fees in full up front, Stage 2 fees in full at the end of Stage 1 and Stage 3 fees in full upon delivery of the Deliverables.

1.6.  Final payment for all Projects must be received before delivery or collection of the end product (Deliverables).

1.7.  Cheques should be made payable to Stories Like Us Ltd, or transfer of funds made to Stories Like Us Ltd, account number: 91639587, sort code: 40-07-27. Stories Like Us reserves the right to require cheques to clear before starting work on a Project and / or delivering Project materials, as appropriate.

1.8.  On Projects where there is a pre-agreed deadline, Stories Like Us will advise the Client on the right decisions and timetable to ensure the Project is completed and ready to deliver by that date. Both Stories Like Us and the Client will make all reasonable efforts to follow this timetable; nevertheless, Stories Like Us accepts no liability if a Project deadline is missed by reason of circumstances beyond its control.

1.9.  Where the Client provides materials for inclusion in a Project, the Client warrants that it has the right to provide those materials for the purpose contemplated and indemnifies Stories Like Us against any claim from a third party that the use of such materials breaches the rights of any such third party.

1.10.  Copyright and any and all other Intellectual Property Rights in any materials provided to Stories Like Us by the Client for the purposes of a Project shall remain with the Client or the Client’s licensors, as appropriate. Unless otherwise agreed in writing by Stories Like Us, copyright and any other Intellectual Property Rights in any materials created by Stories Like Us during a Project shall be the exclusive property of Stories Like Us and reproductions of any such materials shall be subject to the prior written consent of Stories Like Us. Client hereby irrevocably vests in Stories Like Us any Intellectual Property Rights which may arise and be or may be deemed to be the Client’s property during the course of the Project. Stories Like Us prohibits any copying, reproduction or performance in public, in whole or in part of any or all work produced by Stories Like Us.

1.11.  Stories Like Us reserves the right to use all of its creative work as examples of its work during private meetings or for display on password protected links, but will seek express permission before using them for any public purpose, such as on our website or in brochures.

1.12.  All creative work remains the property of Stories Like Us. All images are protected by Copyright Law in any applicable jurisdiction. Reproductions of any kind are strictly prohibited (except where copyright has been expressly and demonstrably purchased).

1.13. Media – Whilst Stories Like Us strives to safeguard archive media in our possession, it is the Client’s responsibility to ensure that the Client has retained back up copies of media supplied by the Client to Stories Like Us. All media is supplied at the Client’s own risk and Stories Like Us accepts no responsibility for any loss or damage to Client media.

1.14. Inactive Projects – The storage of Client media and/or Client Projects on Stories Like Us hard drives is only free whilst the Project is active. If the Project becomes inactive for more than 3 months, or if it has been completed and the Client has not arranged collection of their media, Stories Like Us reserves the right to charge £100 per month for storage while the Project is inactive. A project is considered inactive when Stories Like Us has been unable to proceed with the Project for a period of 3 months; generally because Stories Like Us is awaiting Client feedback to proceed with the Project. The client will be notified if their Project becomes inactive. If no material work or progress is made on any given Project for 12 months, then Stories Like Us reserves the right to consider the Project cancelled and to retain any fees paid. Once a Project is considered cancelled, Stories Like Us reserves the right to delete any files associated with the Project.

1.15. Protection of Stories Like Us’ Business – The Client recognises Stories Like Us as the Producer of the Project. Stories Like Us is fully responsible for managing the Project. The Client acknowledges that these Terms and Conditions prohibit any private contract or remuneration with Stories Like Us personnel either a) during the period of any contract with Stories Like Us or b) 12 months after any such contract expires. Any breach of this prohibition may result in Stories Like Us seeking damages to the fullest extent permitted by law. An introduction is deemed to be made by Stories Like Us once sufficient information has been disclosed for the Client to identify the Stories Like Us personnel introduced (unless the Client already has a connection with the Stories Like Us personnel and so informs Stories Like Us within 24 hours and, if requested, provides documentary evidence of the existing relationship with Stories Like Us personnel. his contract is not exclusive to Stories Like Us, and Stories Like Us remains at liberty to provide services to third parties.

1.16. Confidentiality – Each party will keep any information disclosed to it by the other in the course of the Project strictly confidential. Neither party may disclose or use to its advantage any such confidential information without the consent of the party disclosing the information, even after this Agreement ends. This obligation does not apply to (i) information known to the receiver before disclosure by the other party, or (ii) information which becomes public knowledge without fault on the part of the receiver, or (iii) disclosures made to the extent required by some applicable legal or regulatory requirement.

1.17. Stories Like Us e-mail policy – The Client’s email will only be used to send updates about its current Projects or Stories Like Us business, and will not be passed on to any third party without the prior consent of the Client.

1.18. Accessing personal information – If the Client wishes to review any personal information that Stories Like Us maintains about it, the Client can email us at info@storieslikeus.com and we will post the information by mail.

1.19. Force majeure: If Stories Like Us is obstructed in performing any of its obligations by an event outside its reasonable control, then performance to the extent obstructed is suspended for so long as the obstruction continues.

1.20. Project files may be deleted from 1 month after delivery. Before this date, minor amendments can be very inexpensive to make. Stories Like Us reserves the right to charge for these amendments. Reproducing or amending the files after that date may require extensive work or be impossible. Clients are therefore strongly advised to let Stories Like Us know immediately of any dissatisfaction with anything in the Project but Stories Like Us shall not be obliged to remedy same after delivery of the Deliverables.

1.21. In the unlikely event of a total photographic failure or cancellation of any applicable agreements by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Stories Like Us shall not be liable for indirect or consequential loss.

1.22.  These Terms and Conditions are governed by the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.

2. Development

2.1. Development refers to the process of presenting a creative idea or ideas with a clear budget to the Client. This can involve, but is not limited to, phone calls, email, research, creation of designs/artwork and meetings between the Client and Stories Like Us.

2.2. The Client is expected to make themselves available for their Development meetings/review of proposals within 1 month of the commission. The Client shall give Stories Like Us such cooperation, information and access as are reasonably necessary for the proper development of the Project.

2.3. Project Development fees are an estimate and in some cases more Development time will be required to realise the creative vision and estimate for the project. In these cases, any budget changes will be agreed in advance with the Client.

2.4 All Development fees are non refundable – this includes circumstances where the Client decides not to commission a Project, the Client decides to cancel the next meeting or decides they no longer wish to pursue the idea or Project.

2.5. Once Development is completed, the Client has no obligation to commission the Project.

2.6. Any designs and physical work created within Development are the Intellectual Property of Stories Like Us.

2.7 All Development budgets are valid for 3 months, at which point the quote will expire and the Project may need to be requoted if the Client wishes to proceed with the Project.

3. Filmmaking Projects

3.1. Filmmaking Project Quotes – Initial quotes are based on an estimate of time required to create the finished Film. The estimate is based on several variables including the number of Filming days, the type of Filming required, the quantity of footage to be produced, the amount of Client media to be received and the level of creative input expected for the finished Film. If these variables change, the budget for the Project will change. Stories Like Us will notify the Client of any proposed changes to the budget in advance.

3.2. The estimate is valid for 12 months from the moment the Project is commissioned. Any additional work agreed on during that period will be charged at the agreed rate. After 12 months, any work performed will be estimated based on the updated hourly rates for the then current year.

3.3. Filmmaking Schedule – the Client is responsible for agreeing with Stories Like Us a detailed and accurate schedule of events at least 1 week in advance of any activity. If a Filming day is rescheduled with less than 48 hours’ notice, the full cost of the Filming day may be charged.

3.4. Any Filming days that require outdoor filming are rescheduled free of charge due to inclement weather. The decision on whether a Filming day needs rescheduling due to inclement weather is taken by Stories Like Us.

3.5. Filmmaking Crew – where Filming days are over 6 hours, the crew is entitled to a minimum 30 min break. The Client is expected to provide basic refreshments for the crew during the day, or to inform Stories Like Us beforehand so that Stories Like Us can organise same. Crew are always booked and charged on a full-day basis. A day includes 10 hours work plus an hour break. Stories Like Us may charge the Client for overtime costs beyond an 11-hour day.

3.6. Filmmaking Days – Stories Like Us cannot be held responsible for circumstances which hinder any filmmaking including, but not limited to: a) the Client’s failure to provide accurate schedule of events or adequate notice of any changes that arise; b) inclement weather or otherwise poor Filming conditions; c) restrictions placed by any venue or security officials; d) disruptions in live sound recording caused by others, planes, etc. Whilst every effort is made to provide excellent coverage, Stories Like Us does not guarantee to capture any specific item of footage and the filmmaker’s judgments in their capacity as experts regarding conditions and what is captured shall be deemed to be correct. To the maximum extent permitted by law, the liability of Stories Like Us for any error in the performance of its services shall be to promptly re-perform its services when possible.

3.6.1. If a Filming day is cancelled by the Client, Stories Like Us will use the following schedule to determine the cancellation fee:

3.6.1.1. If a Filming day is cancelled 72 hours in advance – no fee to reschedule once.

3.6.1.2. If a Filming day is cancelled within 72 hours of a shoot or cancelled a second time – 50% of the fee for the day is owed.

3.6.1.3. If a Filming day is cancelled within 24 hours of a shoot – 100% of the fee for the day is owed.

3.7. Locations – It is the responsibility of the Client to acquire any permits or consents for locations used in Filming. The Client agrees to hold Stories Like Us harmless and free from any and all liability and loss that Stories Like Us, and/or its agents, may suffer for any reason, except personal injury caused by Stories Like Us and/or our agents negligence and that directly caused by deliberate misconduct.

3.8. Project Cancellation – Stories Like Us will use the following schedule to determine the cancellation fee (which shall be payable in addition to any out-of- pocket expenses already incurred by Stories Like Us):

3.8.1. If a Project is cancelled within 3 working days of commission – no fee.

3.8.2. After 3 working days – 25% of the Project estimate is owed.

3.8.3. Once Filming has commenced – 50% of the total Project estimate is owed.

3.8.4. Once editing has commenced – 75% of the total Project estimate is owed.

4. Permissions

5.1. The Client is solely responsible for securing:

• permission from the site owner/ operator for use of the Location

• authority for Stories Like Us to set up all necessary production equipment and

• permission for the Location and Branding to appear in the Film

It is understood that the quality of the Filming is dependent upon adequate lighting, camera/microphone positions and other conditions not within the control of Stories Like Us. Stories Like Us cannot guarantee video or audio quality where restrictions are imposed at and/or by the Location.

5.2. If the Filming takes place at an Event, the Stories Like Us will require key speakers to wear a lapel microphone to capture the audio. If key speakers choose not to do this, then the Stories Like Us will not be responsible for the quality of the sound during the Filming. Dark or grainy video resulting from inadequate lighting or electrical or mechanical malfunctions on location are also understood to be beyond the Stories Like Us’s control.

5.3. The Client will grant Stories Like Us a Model’s Release (or more than one as may be the case), which confirms permission for Stories Like Us to record and videotape the Client and those persons they have enlisted to contribute in the Filming and to use their names, images, likeness, and voices for the final Film. The Client agrees to indemnify and hold Stories Like Us harmless from any action by any person whose image is used in the Film and for whom Stories Like Us does not have a Model’s Release.

5.4. When the Client requests aerial cinematography as part of the Project, it is subject to permissible weather conditions during Filming. Stories Like Us will not fly the drone at its own discretion during Filming at times when (i) it might interfere with critical audio recordings (i.e. vows, speeches, etc) or (ii) it is prohibited by any applicable law or regulation or the Location.

5. Technical Specifications & Delivery

5.1. MP4 projects are delivered by digital download. MP4 files are designed for viewing on a laptop, iPod or iPhone. Some computers, smart phones and other technology may not be able to read this format of file. Certain MP4 files made from our HD production projects are best viewed on large screens, including large TV’s.

5.2. For video edits, if the Client gives Stories Like Us permission to select music, it is expected the Client will accept the music selected or pay any charges for alterations.

5.3. The Client grants Stories Like Us editorial control over the Project and does not require Stories Like Us to review unedited footage with the Client. The final edit of the Project will be delivered in mp4 format. Stories Like Us will not deliver any other versions or formats unless agreed in writing.

5.4. Once the Client receives a viewing link, it will be the Client’s responsibility to identify any changes or potential mistakes, e.g. spelling. Once the Project is approved for final delivery by the Client, any changes will incur additional fees.

5.5. Stories Like Us shall not be responsible for delays or delivery issues resulting from factors beyond their control, such as technical failures, force majeure events, or the Client’s failure to provide timely feedback or approvals.

5.6. Stories Like Us will not be able to amend animation scenes included in the Project. If the Client is would like to provide feedback on animation scenes, the Client may request to see storyboards for the scenes in Development. This request must be made in writing, before the Client makes payment. Client-requested changes to the storyboards may require additional time and fees.

5.7. Once the Client has agreed no further changes are required, Stories Like Us will deliver the final Project via a download link. If the Client requests USB delivery, Stories Like Us reserves the right to charge for it.

6. Liability & Taxes

6.1. Stories Like Us will not be liable to the Client under any circumstances if filming is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, and/or acts of God, adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Stories Like Us. Stories Like Us reserves the right to discontinue filming in any situation (extreme rain, extreme temperatures, humidity, hazardous locations) that could in Stories Like Us’ discretion put the safety of the crew or equipment at risk.

6.2. Stories Like Us shall exercise reasonable care and skill in the execution of the projects. However, Stories Like Us shall not be held liable for any direct, indirect, or consequential damages arising from the projects, including but not limited to loss of profits, data, or business interruption. The Client agrees to indemnify and hold Stories Like Us harmless from any claims, liabilities, costs, or expenses (including legal fees) arising from the Client’s breach of any obligations under this agreement or any unauthorised use of third-party materials.

6.3. The Client understands that there is a risk of the transmission of Covid–19, an infectious disease that can result in serious and potentially fatal illness, in any environment where people come together. This risk increases in enclosed spaces and with increased numbers of people. The World Health Organisation has advised that the elderly and those with underlying medical conditions are more vulnerable. The Client assumes all risk associated with Covid-19 and Stories Like Us will not be liable under any circumstances. The Client also agrees to abide by all government guidance aimed at preventing the transmission of the virus (details of which can be accessed via the following links https://www.gov.scot/coronavirus-covid-19/ and https://www.gov.uk/coronavirus).

6.4. Any sales tax, use tax, or other tax payable on the production and delivery of any materials to the Client(s) (other than sales tax arising from Producer’s purchases of materials or supplies in connection with the production) shall be the responsibility of the Client. Stories Like Us will add VAT to its Fee in the UK and EU. For any projects delivered outside these regions, the Client shall pay, defend and hold Stories Like Us harmless from liability for any such taxes.

6.5. Any expenses incurred by Stories Like Us that do not pertain directly to the production of the Film (eg, out-of-town accommodation, tux rental, parking, shipping, etc.) will be covered by the Client and may be added to the balance owing by the Client, which Stories Like Us will invoice separately and the Client will pay directly to Stories Like Us.

6.6. Stories Like Us holds Public Liability Insurance on terms considered appropriate for Stories Like Us’s business. The Client is responsible for obtaining and maintaining any other insurance cover which the Client considers necessary or desirable at the Client’s own expense.

6.7. Under any and all circumstances, the total liability of Stories Like Us to the Client is limited to the refund of actual payments received by it from Client.