TERMS AND CONDITIONS
These Terms and Conditions apply to all productions undertaken by Visual Together (VT), unless otherwise explicitly accepted by VT in writing. By engaging VT's services, the client agrees to abide by these terms.
1. Definitions
1.1 "VT" refers to Visual Together, its employees, agents, and subcontractors.
1.2 "Client" refers to the individual or organization engaging VT's services.
1.3 "Deliverables" refers to the final product(s) delivered by VT, including but not limited to photographs, videos, and other creative materials.
2. Fees and Payment
2.1 Fee Structure
• Full Day: The agreed fee covers 8-hour workdays, including a 1-hour break.
• Half Day: For half days, the fee covers 4 hours, including a 1⁄2-hour break.
• Overtime: Overtime is billable per hour at 150% of the equivalent hourly rate. Early finish does not entitle the client to refunds or reduced fees.
2.2 Payment Terms
• Invoice: Invoices are due within 8 days of receipt unless otherwise specified in writing.
• Late Payment: Late payments are subject to a 2% monthly interest charge and a 100,00 DKK penalty charge.
• Extended Payment Terms: If the client requires payment terms beyond 30 days, VT will add 5% to the total amount.
2.3 Deposit
• International Clients: All international/foreign clients must pay a 50% deposit of the total estimated fee. This amount will be deducted from the final invoice.
• Large Productions: For all productions exceeding 50,000 DKK ex VAT, VT is entitled to a 50% deposit.
3. Production and Deliverables
3.1 Scope of Work
• VT will perform the services described in the agreed-upon project brief or contract and accommodate the client’s reasonable requests during the shoot.
3.2 Client Cooperation
• The client is expected to provide timely feedback, approvals, and necessary materials to ensure the successful completion of the project.
3.4 Postproduction
• Client Responsibility: The client is responsible for delivering materials in an organized fashion in the best possible format and with a complete brief and scope of work before production start.
• Revisions: Two rounds of minor revisions is included in the agreed fee. Additional revisions will incur extra charges and be subject to VT's availability.
• Storage: VT stores all raw and working material for a minimum of 1 year from creation.
• Turnaround Time: All deadlines and turnaround times are estimates and subject to unforeseen changes.
4. Rights and Licenses
4.1 Usage License
• Upon full payment of the fee, the client is granted a non-transferable license to use the deliverables globally for a period of 12 months from the time of delivery. This license covers usage for online, social media, and internal use. Usage beyond this scope requires additional licensing fees.
4.2 Copyright
• All copyrights and intellectual property rights remain with VT. The client may not alter, resell, or distribute the deliverables without VT's written consent.
4.3 Third-Party Usage
• The client must ensure that any third-party usage of the material adheres to these terms and conditions.
4.4 Extended License
• The client may request an extended license or additional usage rights subject to negotiation and additional fees.
4.5 Use of Previews and Unretouched Images
• The client may not use, publish, or distribute any low-resolution, preview images, or unretouched images provided by VT for review or selection purposes without VT's express written consent. These materials are considered drafts and are not intended for public use or distribution.
5. Cancellation and Rescheduling
5.1 Cancellation Fees
For one-day shoots within Denmark:
• Cancellation more than 7 days before the shoot: 25% of the agreed fee.
• Cancellation 4-7 days before the shoot: 50% of the agreed fee.
• Cancellation 3 or fewer days before the shoot: 100% of the agreed fee.
For all other shoots:
• Cancellation more than 3 weeks before the shoot: 25% of the agreed fee.
• Cancellation 1-2 weeks before the shoot: 50% of the agreed fee.
• Cancellation less than 1 week before the shoot: 100% of the agreed fee.
5.2 Rescheduling
• Rescheduling is subject to VT's availability and may incur additional charges. Rescheduling requests must be made at least 7 days prior to the original shoot date.
6. Liability and Indemnification
6.1 Limitation of Liability
• VT is not liable to the client for any loss of profit, contract, business, or revenue, directly or indirectly. VT's liability is limited to the coverage under its insurance policies.
6.2 Indemnification
• The client agrees to defend, indemnify, and hold VT harmless from any claims, damages, or liabilities arising from the client's use of the deliverables or breach of these terms.
6.3 Damage to Property
• VT is not liable for any damage or injury to property, materials, props, or models during the shoot. The client is responsible for ensuring appropriate insurance coverage.
6.4 Client Responsibility
• The client is responsible for ensuring the safety and security of all property, material, props, and models during the shoot. The client agrees to indemnify and hold harmless VT from any claims, damages, or expenses arising from the shoot.
6.5 Insurance
• The client is advised to carry their own insurance for equipment, props, and personnel used during the shoot.
7. Confidentiality and Publicity
7.1 Confidential Information
• Both parties agree to keep confidential any proprietary or sensitive information disclosed during the project. This obligation extends beyond the termination of the agreement and prohibits disclosure to any third party without prior written consent.
7.2 Publicity
• VT reserves the right to use the final material for self-promotion and portfolio purposes unless explicitly prohibited by the client in writing before the shoot.
8. Data Protection and GDPR Compliance
8.1 Client Responsibility
• The client is responsible for ensuring that all personal data provided to VT for the purposes of the project complies with the General Data Protection Regulation (GDPR). This includes obtaining necessary consents for the use of personal data in the deliverables.
9. Force Majeure
9.1 Unforeseeable Events
• VT is not liable for any delay or failure to perform due to events beyond its reasonable control, including but not limited to natural disasters, strikes, or governmental actions.
9.2 Mitigation
• VT will make reasonable efforts to mitigate the effects of a force majeure event and resume performance as soon as possible.
10. Governing Law
10.1 Jurisdiction
• These terms are governed by the laws of Denmark. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the Danish courts.
11. Amendments
11.1 Modifications
• VT reserves the right to amend these terms at any time. Any changes will be communicated to the client in writing.
12. Acceptance
12.1 Agreement
• By engaging VT's services, the client acknowledges and accepts these Terms and Conditions.