Terms & Conditions
1) Copyright (material filmed by Kidultknows Media)
The Copyright of all material that has been captured by Kidultknows Media is solely owned by Kidultknows Media and protected under Canadian Copyright Law Bill C11.
Upon completion and cleared funds, we will transfer the Copyright Ownership to the Client in some instances and upon prior agreement. This will be clearly specified in your written quotation.
In both circumstances, Kidultknows Media reserves the right to use the footage/material/media, either in sections or in its entirety, for promotional purposes.
2) Copyright (material provided by client)
In the event of the Client providing material (video, audio, photographs, logos, etc) for inclusion into a Video by Kidultknows Media, the copyright must firstly be obtained from the original copyright owner/material provider. In order for Kidultknows Media to use this material, the copyright must be explicitly transferred to Kidultknows Media, or the material to be provided to Kidultknows Media totally free of charge and the client will have to indemnify Kidultknows Media against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.
Kidultknows Media reserves the right to use the final production in full or part content for promotional purposes.
3) Performers Release usage
At all times Kidultknows Media advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Kidultknows Media if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
4) Payment terms
All Prices are exclusive of delivery and goods and services tax (GST) or similar tax payable except where a price is expressed to be inclusive of GST. If GST is imposed on any supply under these Terms, the Client must pay Kidultknows Media the additional amount equal to the GST in accordance with the relevant valid tax Invoice.
The Client agrees to pay Kidultknows Media the Price for all Goods and Services supplied under a Contract in the manner and in accordance with the payment terms set out in the relevant Invoice. Kidultknows Media may in its sole discretion determine the payment terms applicable to the Client.
Unless the Invoice stipulates a different time for payment, the Client agrees to pay the Price and any other amounts of money payable to Kidultknows Media as follows:
for video production price over $5000 Canadian dollars, a deposit of 50% of the Price upon the Client accepting the Quotation or submitting an order form; a further 30% of the Price upon approval of storyboard & scripts; and the final 20% of the Price plus additional costs upon delivery of the first draft version of the Deliverables.
for the rest of the services, a deposit of 50% of the Price upon the Client accepting the Quotation or submitting an order form; and the other 50% of the Price plus additional costs upon delivery of the first draft version of the Deliverables.
Unless specified otherwise in the Quotation, if any Additional Services are supplied to the Client by Kidultknows Media, the Client acknowledges and agrees that:
the Additional Services are supplied in addition to the scope of works outlined in the Quotation;
the Client will pay the applicable Additional Costs for the Additional Services in accordance with the Kidultknows Media’s rate card current at the time such Additional Services are supplied, and the Additional Costs for the Additional Services will be set out in the relevant Invoice and payable by the Client in accordance with these Terms.
The Client acknowledges and agrees that Additional Services which incur Additional Costs may include without limitation any of the following:
Music Licensing – charged per song or per video – non-commercial music licensed online;
Actors/Voice Over Artists/Talent –market rates to be determined on a per-video basis;
Physical Delivery – prices per hard drive or per USB flash storage device as set out in the current rate card;
DVD Authoring –prices determined on a per-video basis in consultation with the Customer;
Additional Hours of Shooting – extra hours can be purchased to facilitate longer shoots at the hourly rate set out in the current rate card;
Additional Video Length – extra length for each video can be purchased in 30-second blocks at the rate per additional 30-second block set out in the current rate card;
Additional Camera Operator – an additional camera operator can be provided for videos deemed to need additional personnel and will be charged on a half-day basis or full-day basis at the rates set out in the current rate card;
Courier Fees – should a courier be required for whatever reason, the Client will be charged at cost accordingly;
Parking Fees – parking expenses will be charged on a per-day basis at the rate set out in the current rate card – if parking costs exceed the amount set out in the rate card, the Client will be charged the excess amount at cost;
Travel Expenses – travel outside a 60km radius from Kidultknows Media's business location will be charged on a per kilometer basis as set out in the current rate card;
Location Fees & Filming Permits – will be charged to the Client as applicable.
5) Approval/amendments of draft footage (2 sets of minor amendments)
On the majority of projects, a 'draft 'version of the production will be forwarded to the Client for their review. This draft may receive two sets of minor revisions only. Which is included in the originally agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional cost at the rates set out in the current rate card. Examples of major re-edit include, but are not limited to: partial or complete changing of rhythm and music; partial or complete changing or reshooting of filmed video footage; partial or complete changing of narration or script; addition of any material or footage that is beyond the original Contract agreement; time shrinkage or extension of a predetermined video length Deliverable; requests of video, text, image, graphic or sound effects not agreed upon at the time of mutual signing of the Contract; etc.
6) Health and Safety
In all instances, Kidultknows Media will reserve the right to remove any of its personnel and/or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behavior. In this instance, the Client will be liable for any costs incurred as a result of this.
Kidultknows Media will observe the Client's site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
7) Insurance’s (people, equipment, etc)
Kidultknows Media only covers with their general liability insurance. Upgraded specific project insurance cover can be provided if required upon request with extra cost paid by request parties.
8) Bad weather
In the event of inclement weather, Kidultknows Media reserves the right to change the date of filming to a more suitable day.
Kidultknows Media will not allow the safety of the equipment or personnel to be compromised.
9) Aborting filming (on shoot day) or reshooting due to clients' lack of organization
In the event of filming being delayed or aborted due to a lack of organization from the Client, Kidultknows Media reserves the right to charge the relevant day's filming costs. A re-visit to the site to carry out further works may incur additional costs.
10) Changing filming dates
In the event of the Client wishing to change the filming date, we insist on a minimum of 2 weeks of notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred. The availability of the new filming date requested by the Client is not guaranteed. We will try our best to meet the new requirement date by adjusting the schedule, but not promised.
11) Equipment substitution / failure
In the unlikely event that Kidultknows Media experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the Senior member of the film crew.
No further claims or liability will be accepted.
12) Works specified (as per estimate)
All works undertaken will be as per Kidultknows Media’s written agreement provided in a word document by email. The Client is obligated to ensure that this is thoroughly read and understood prior to filming. Any amendments or additional works of filming will be charged at the rates as set out in the current rate card.
13) Clear access for filming
If filming venues are being organized by the Client, it is the Client's responsibility to ensure that Kidultknows Media has clear access to all relevant locations required throughout the day Delays in filming may incur additional charges.
14) Exceptional Circumstances
In the event of unforeseen events, such as but not limited to: natural disasters, fires, power outages, sickness, death in the family/company, location closures, etc., it is understandably and mutually agreed between the Client and Kidultknows Media that no penalties shall be imposed either way for the time of the parties, thus the Project is understandably delayed. If a unique equipment/ location rental fee or expense was incurred by Kidultknows Media for that specific day, then that cost will still be added to the final Project cost, unless refunded by the third party. If such events cause the Project to be terminated, Kidultknows Media and the Client will discuss possibilities for resolution of termination.
15) Cancellation and Postponement
A cancellation or postponement is defined as a rescheduling of the production to a later specific date or a total cancellation of the project caused or directed by the Client.
A. If notice of cancellation/postponement is given to Kidultknows Media ONE TO TEN WORKING DAYS prior to the commencement of the shoot, the Client will be liable to Kidultknows Media for:
All out-of-pocket costs; and all of the production fee on the job as bid.
B. If notice of cancellation/postponement is given ELEVEN TO FIFTEEN WORKING DAYS prior to the commencement of the shoot, the Client will be liable to Kidultknows Media for:
All out-of-pocket costs; and Not less than 50% of production fee on the job as bid.
C. If notice of cancellation/postponement is given MORE THAN FIFTEEN WORKING DAYS prior to the commencement of the shoot, the Client will be liable to KidultKnows Media for:
All out-of-pocket costs; and Not less than 25% of the production fee on the job as bid.
The deposit is a non-refundable reservation fee with an exception of a Wedding service that can't be provided due to the sickness of our photographer/videographer which you will get a full refund of the deposit back in that case.