At Turps Film, we are believers in transparency. Please read our Terms and Conditions below. If you have any queries surrounding these Terms and Conditions, please reach out to us via our contact us form.
TERMS AND CONDITIONS
1. DEFINITIONS
“Client” refers to the individual or entity engaging Turps Film Limited for services.
“Turps Film” refers to Turps Film Limited, a company registered in England and Wales (Company Number: 13230968).
“Commencement Fee” refers to the non-refundable upfront payment required to initiate the project.
“Deliverables” refers to the finalised media(s) provided by Turps Film as agreed in the project proposal.
2. SCOPE OF SERVICES
Turps Film agrees to provide the Client with the services detailed in the project proposal or statement of work. By engaging Turps Film, the Client acknowledges and agrees to these Terms and Conditions, which shall govern all aspects of the project unless explicitly agreed otherwise in writing.
3. OWNERSHIP
3.1. Upon receipt of full payment, the Client shall hold ownership of the Deliverables, including all copyrights therein, limited to the final version of the media(s) specified in the agreement.
3.2. Turps Film retains an irrevocable, worldwide, sublicensable, transferable, royalty-free licence to all raw footage produced during the project. This licence permits Turps Film to use raw footage for internal purposes, including quality control and portfolio review.
4. SECURITY/CONFIDENTIALITY
Turps Film acknowledges that certain information provided by the Client may be confidential. Upon the Client’s written request, Turps Film shall reasonably ensure confidentiality by requiring relevant production personnel to sign appropriate non-disclosure agreements (NDAs).
5. PRODUCER WARRANTIES
Turps Film represents and warrants the following:
5.1. That it has full authority to enter into this Agreement and perform its obligations as outlined.
5.2. That it will use reasonable efforts to obtain all licences, consents, and rights necessary to perform, reproduce, and exhibit the Deliverables concerning any materials it provides. The Client is responsible for obtaining any third-party rights required for materials it supplies.
6. DELIVERY OF MATERIALS
The delivery method (e.g., USB drive, WeTransfer, Vimeo) will be mutually agreed upon based on project requirements. Any physical delivery costs shall be borne by the Client unless otherwise agreed.
7. PAYMENT TERMS AND CONDITIONS
7.1. Invoicing and Payment Schedule: The Client agrees to settle invoices within 30 days of receipt. Late payments will incur charges under the Late Payment of Commercial Debts (Interest) Act 1998, including interest at 8% above the Bank of England base rate, plus compensation for debt recovery costs.
7.2. Non-Refundable Commencement Fee: A commencement fee of 50% of the project fee is required upon project initiation. This fee guarantees Turps Film’s commitment to the project and allocation of resources. This fee is non-refundable and shall be forfeited if the Client cancels or indefinitely postpones the project.
8. INDEMNIFICATION
8.1. The Client shall indemnify, defend, and hold harmless Turps Film, including its officers, employees, and subcontractors, from any claims, damages, liabilities, and expenses arising from any breach of this Agreement by the Client, including but not limited to claims related to intellectual property.
8.2. The Client is responsible for securing rights to any third-party content it supplies. The Client indemnifies Turps Film against any claims or expenses resulting from unauthorised use of such third-party content.
9. INSURANCE COVERAGE
Turps Film maintains Professional Liability (Errors and Omissions) insurance covering intellectual property right infringements related to the media produced. The Client shall bear the cost of any additional insurance requirements beyond standard policy coverage.
10. ALTERATIONS
Turps Film retains the exclusive right to make any required alterations. Unauthorised alterations or additional deliverables created by third parties will constitute additional use, and the Client will be billed accordingly.
11. CONTINGENCY AND WEATHER DAYS
11.1. A contingency day applies when a scheduled shoot cannot proceed due to uncontrollable circumstances, including but not limited to:
- Adverse weather conditions.
- Absence or illness of essential Client-provided elements (e.g., talent).
- Force majeure events (e.g., natural disasters, strikes, acts of war).
11.2. Turps Film will provide a “not to exceed” contingency day cost for approval before scheduling any additional shoot days. This cost excludes any premium costs should the contingency day fall on weekends, holidays, or otherwise premium-rated days.
12. CANCELLATION AND POSTPONEMENT – Live Action Terms and Conditions
A cancellation or postponement is defined as any rescheduling or cancellation of production requested by the Client.
12.1. Rescheduling Window and Forfeiture of Commencement Fee:
- If the Client postpones, a new start date must be confirmed within 30 calendar days of the original shoot date and must fall within 90 calendar days, subject to Turps Film’s availability.
- Failure to reschedule within this period results in forfeiture of the commencement fee. If no new date is confirmed, the project shall be deemed cancelled, and all applicable cancellation fees will apply.
12.2. Short-Notice Cancellations or Postponements:
- 1-5 Working Days Prior to Shoot: The Client shall be liable for all out-of-pocket costs incurred and the full production fee per the original quote.
- 6-10 Working Days Prior to Shoot: The Client shall be liable for all out-of-pocket costs incurred and 50% of the production fee.
- More Than 10 Working Days Prior to Shoot: The Client shall be liable for all out-of-pocket costs incurred and 25% of the production fee.
13. CANCELLATION AND POSTPONEMENT – Animation + CGI Terms and Conditions
13.1. For cancellation or postponement after 50% completion of the production schedule, the Client shall be liable for the full project fee as quoted.
13.2. For cancellation or postponement within the second quarter of the production schedule:
- The Client shall be liable for all out-of-pocket costs and committed labour expenses.
- The Client shall be charged the full creative and production fees per the original quote.
13.3. For cancellation or postponement within the first quarter of the production schedule:
- The Client shall be liable for all out-of-pocket costs.
- The Client shall be charged a minimum of 50% of both creative and production fees per the original quote.
14. PUBLICITY GUIDELINES
Turps Film is granted permission to use completed Deliverables for promotional purposes unless the Client revokes this permission in writing prior to the project’s commencement.
Important Note: Terms and Conditions / Privacy Policy.
These Terms and Conditions should be read alongside our Privacy Policy which can be found here.
Terms and Conditions last updated November 2024. Please be aware that these Terms and Conditions can be subject to future change.