SERVICES TERMS & CONDITIONS / CONTRACT
PARTIES
Service Provider
SPINEBUSTER MEDIA
(hereafter referred to as the “Service Provider”)
Client
WRESTLING PROMOTION completing this form (fields at bottom of page).
(hereafter referred to as the “Client”)
- BACKGROUND
The Client has requested that the Service Provider provides certain services to the client.
This agreement is entered into between the parties for the supply of services (as defined below) by the Service Provider to the client as further detailed and set out in the cause entitled SPECIFICATION OF SERVICES subject to the provisions of this Agreement.
The Service Provider and the Client agree to be bound by this agreement in respect of the supply of the services by the Service Provider to the Client.
The Client acknowledges that it has read this Agreement and understands and agrees to be bound by it.
DEFINITIONS
I. ‘Commencement Date’ means contract is active from the time of booking until the completion of the service.
II Completion date is unspecified, but within a reasonable time (within one month) after the date of the show taking place.
iii. ‘Services’ means the specific services to be provided by the Service Provider as set out in this Agreement in the clause titled SPECIFICATION OF SERVICES.
Iv. ‘Fee(s)’ means the sum to be calculated as set out in the clause titled FEES AND PAYMENTS,
v. ‘Parties’ means the Service Provider and the Client, and ‘Party’ shall mean either of them.
Vi. ‘The Specification’ means the terms and specifics set out in the clause entitled SPECIFICATION OF SERVICES
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SPECIFICATION OF SERVICES
A. The Services to be provided are:
Film and edit wrestling event as described in fields on this form.
Edit the show and upload/provide links for the matches on YouTube and/or Google Drive.
B. The Services are to be provided in accordance with the following schedule:
Filming to take place on date and time specified on this form.
Editing to be completed within a reasonable time (within one month of show).
C. The Service Provider shall provide the Services at:
Filming of Wrestling Show
Editing - completed from Orpington, Kent and provided online after completion. - Revisions
Any specific style notes should be discussed and agreed at the time of booking. If no specific instruction has been given then the show will be edited as standard and as per previous work where Spinebuster Media will edit with best judgment to use best shots throughout the show.
After the initial submission of the edited show to the client, all reasonable revisions (up to 20 revisions*) must be sent within 3 working days, if no revisions are received within this time frame the film and edit job will be deemed as complete.
Please note - the show will be submitted "as it happened" on the day. Revisions and amendments included in the price only relate to editing specific amendments (e.g. angles or a different shot being requested if available).
Items not included in the free amendments would be for human error from the performers on the day of the event, such as misspeaking, general preference or covering botches. If these are required they would come under the chargeable bracket for amendments.
If revisions are received within 3 days, they will be reviewed, discussed with the client and the agreed revisions will be completed as soon as feasibly possible.
Any additional revisions after the initial first free revision, will be subject to a charge of £20 basic fee, plus £15 per hour spent on those additional revisions.
*An excessive amount of revisions (20+) may require a Zoom/Teams call for time efficiency to allow screen sharing for a live editing process so that the changes can be discussed and implemented for visual sign off at the time of edit. At the end of the session the changes will be deemed as signed off and approved. This is extremely rare, but is an option for those who like to control every aspect of the process. Video/Screen sharing calls are chargeable at £20 basic fee, plus £15 per hour spent.
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SERVICES
A. The Service Provider shall provide the Services to the Client in consideration for the Client paying the Fee to the Service Provider, subject to the provisions of this agreement and a base fee agreed in communication prior to the completion of this form. Fee can be adjusted based on additional services requested which are outlined in these T&Cs.
B. The Service provider shall start providing the services on the date of the event.
C. The Service Provider shall complete the services by the completion dates and in accordance with the schedule and timings set out in the specification.
D. The Services shall be performed by such employees or agents that the Service Provider may choose as most appropriate to carry out the services. -
LOCATION
The Service Provider shall provide the services in such places and locations as set out in the fields completed by the client at the bottom of this form.
5. FEES AND PAYMENT
A. The Fee for the services provided under this agreement is as follows.
I. MAIN SERVICE FEE
Film and Edit Fee which will have been selected at checkout.
If "multiple hardcams" are chosen, then please ensure your venue is suitable and has space to set up those hardcams.
II. EXPENSES
1. Expenses will be charged separately to Big Cartel and will vary depending on the location of the event.
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Car costs - standard travel costs are as follows:
£0.45p per mile from BR52DE to venue to get to show.
£0.45p per mile from venue to BR52DE return after show. - If public transport is a feasible option to transport equipment, then this can be used, however the amount of equipment that can be transported via this method may be limited. The cost of this is (from BR52DE to the venue and return) shall be reimbursed as expenses.
If public transport is required by coach (e.g National Express/Megabus or similar) then an additional baggage allowance or second ticket may need to be purchased to transport equipment, coaches usual baggage allowance is 1x large bag and 1x hand luggage, so extra will be required.
If travel on public transport is after midnight, this is classed as 'unsociable hours' and an additional £10 per hour of travel will be added to expenses until arrived at return destination.
- Hotel costs - If a hotel stay is required these costs are also to be included in the expenses total.
- Promotion-provided car - if it is possible to travel with other talent working on the show from a similar area this option can be used. Expenses between BR5 to the meeting point will be chargeable. On the return from the show if being dropped anywhere other than BR52DE, these additional transport costs will also be chargeable.
Please note, the usual setup takes approximately 3 hours. If the promotion-arranged car arrives late to the venue and there is not enough time for a full set up then Spinebuster Media will set up as much as possible in the time available, but a late arrival may result in less angles than the usual setup.
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Cab/Uber - if an uber is required to the venue and/or from the venue this will be chargeable on the final invoice. Due to the amount of equipment required this may be a required option.
A total expenses quote can be provided at the time of booking, and an invoice will be sent after the completion of the show. The invoice will contain all costs (film, edit, expenses, and will deduct any deposit or pre-paid amount from the total owing)
The expenses quote will be valid at time of sending, but public transport and hotel costs can change at any time. If there is any variance between the time of quoting and the time of confirming, the client agrees to pay the additional expenses cost, the Service Provider is entitled to add this variation to the final invoice/bill to be paid.
Expenses are required for all crew members attending to provide the service.
- Before placing any online order, the client must first contact Spinebuster Media to confirm availability. If the client places an order without confirming availability and Spinebuster Media are already booked/unavailable, then Spinebuster Media will let the client know that attendance is not possible. A refund can be offered or the payment can be deferred to the next available date.
Please note if an order is placed without checking availability and paid via Paypal, then the refund will be paid minus the seller fee's that have been deducted from Paypal as these are non-refundable, and the client is responsbile for checking availability before placing the order.
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DEPOSIT
A non-refundable security deposit must be paid at the time of booking to secure the date. This value is the value of the booking (not including expenses) and will be dependent on the level of service selected.
The date will not be booked in and the team will not be booked until the order and payment has been received.
B. The Service Provider shall be entitled to invoice the Client on completion of the filming of the event.
- The payment of the fees shall be made by the client to the service provider within the following period on receipt of the invoice:
7 days.
D. Footage will be released to the client within 14 days of receipt of full invoice payment.
- The service provider is permitted to charge for all reasonable and necessary costs and expenses incurred in performing the Services, including but not limited to travelling, photocopying, courier services and postage.
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If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in the agreement, the service provider shall be entitled to:
I. Charge interest on the outstanding amount at the rate of 4% per year above the Bank of England base rate accruing daily.
II. Require the client to pay in advance, for any services (or any part of the services) which have not yet been performed.
III. Not perform any further services (or any part of the services). - Retain the footage until such time that the remaining monies have been paid.
- Summary of Additional Charges and Offerings
- Additional Camera Crew
The basic quoted rate for filming the show includes one ringside cameraperson.
A second cameraperson can be added with the following options:
i. Spinebuster Media bring an additional crew member, cost would be an additional £50+travel expenses per crew member.
ii.Promotion provides a crew member that we can give a pre-show briefing on how to use the camera, angles, do's and dont's. There would be no additional cost for this. Spinebuster Media would provide the ringside camera to be used too.
We are able to accept two promotion provided crew to man 1x Ringside and 1x roaming hardcam if desirable. Quantity of crew available should be confirmed at least 5 days before the event. Spinebuster Media cannot be responsible for the quality of footage from a promotion-provided helper.
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Hardcam security - If the hardcam is ground based (on a tripod) an additional crew member will be required for security purposes to prevent theft or touching of the camera during the show.
Please specify at the time of booking if crew will be able to assist here to save your costs.
If the promotion agrees that crew will be provided, but they are not present and unable to fulfil this agreement on the day, the promotion will be liable for the cost of sourcing a last minute replacement or forfeit the hardcam angle from the shoot if it is unable to be left securely or manned.
- Nameplates for Wrestlers Entrances
Nameplates can be added in post production for wrestlers entrances. The cost for a simple/basic design is £15 which will include all wrestlers names from the show.
We do also offer the option of the promotion/graphic designer providing their own nameplates in png format.
- Highlight Music Video's (MVs)
Highlight MVs can be created at the cost of £15 per match or £30 for a 1-2 minute highlight reel of the entire show.
Client is able to choose the song but is responsible to ensuring copyright compliance.
Personal Highlight MVs or End of Year MVs can also be created.
Client has the choice of song but is responsible in ensuring that it is usable and the Copyright status is fit for use. Spinebuster Media will not be responsible for any copyright claims/infringements that appear on videos - including muting, removal or loss of monetisation.
- Commentary Equipment
Commentary Equipment can be provided for an additional £30 per show. Commentators must be provided by the promotion.
Commentators will be responsible for monitoring their own sound levels during the show (instructions will be given during the sound check). Spinebuster Media cannot be held responsible for poor quality due to commentator negligence or touching of the headset microphone.
- Number of Matches / Length of Show
Prices are based on an average 6-match card with matches from 0-15 minutes long each. If a card contains more matches or longer matches than expected then Spinebuster Media is permitted to charge either a) an additional £40 per additional match on more than 6 matches, or b) for extended matches (i.e. 60-minute iron person) a rate of an additional £1 per minute may be charged.
- Stipulation Matches
Stipulation Matches incur an additional £30 fee due to the added risk to both ringside personell and eqipment. Any match that adds additional risk including but not limited to No DQ, Hardcore, Ladder, TLC, Falls Count Anywhere, First Blood, Dog Collar, Chain Match or any other match that is a higher risk than a standard singles match.
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CLIENTS OBLIGATIONS
A. During performance of the Services the Client undertakes to:
I. Pay the fees and any other costs herein stipulated at the times and in the manner aforesaid and without any retention, deduction or set-off save as so permitted under this agreement.
II. Co-operate with the Service Provider as the Service Provider reasonably requires.
III. Ensure that the Service Provider and nature of service provided is covered under any relevant insurances, including public liability insurance.
IV. Provide the information and documentation that the service provider reasonably requires.
V. Ensure that the Clients staff and agents co-operate with and assist the Service Provider, and
VI. Make available to the service provider such facilities as the Service Provider reasonably requires. Including ladders.
B. The Client will not charge for the Service Providers use of the Facilities made available by the Client.
C. If the Client does not provide the Facilities that the Service Provider reasonably requires (and within the time period) to perform the Services then any additional costs and expenses which are reasonably incurred by the Service Provider will be paid by the client. -
Ensure that all areas that filming is taking place are appropriately lit. Spinebuster Media cannot be held responsible for dark footage in a dimly lit venue. If a venue is expected to be dark, please advise the team at the time of booking so that camera-top lighting can be included in the kit list.
7. OWNERSHIP AND INTELLECTUAL PROPERTY
A. In connection with the provision of the Services the Service Provider may generate, create, write or produce reports, advice, analyses, methodologies, code or any other output (hereafter defined as ‘Output’) as required by the provisions of this Agreement. -
Unless otherwise agreed by the Parties:
I. The Client will be granted license to use the Services and/or any Output, provided by the service provider for their own internal purposes only.
II. The Client will be entitled to publish the content on a Video on Demand Service. The client will also be allowed to sell or make available to third parties.
III. The copyright and database right (and all other intellectual property rights) in the Services or any Output (or any other material created or prepared, whether or not provided to the client, by the service provider in performing the services) shall belong to the Service Provider. - Raw footage remains property of the service provider and will not be provided as part of this contract, A separate contract for Raw footage can be negotiated outside of this agreement.
Raw footage is not provided as standard. If Raw footage is required this is chargeable at £60 per angle, but a 50% discount is applied for customers where Spinebuster Media completing the full show edit. Each angle will contain the full shows content from that specified angle. Any edits made with this footage must not tag or mention Spinebuster Media unless this has been explicitly agreed beforehand.
- Edit files / Project Libraries are created on Final Cut Pro and can be provided for an additional fee of £250. Any content created with the footage must not tag or mention Spinebuster Media unless explicitly agreed beforehand.
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Spinebuster Media reserves the right to use any filmed footage on social media/video websites including but not limited to Facebook, Twitter, Instagram, YouTube, Tiktok (or any other website that Spinebuster Media may wish to post to).
For paid edits, Spinebuster will wait until 3 months after the date of the show to give the promotion a chance to post/advertise/sell first, and after this 3 month period has elapsed Spinebuster Media reserves the right to publish any content online under Spinebuster Media official channels. If the client would prefer that Spinebuster Media does not publish the content on Spinebuster Media channels, a sole posting rights fee can be discussed (allowing exclusivity for online posting) which starts at £300.
8. WARRANTIES AND LIABILITY
A. The Service Provider warrants that it will use reasonable care and skill in performing the services.
B. No Party shall be liable to the other for any loss of profit, market, business, contract, damage to goodwill, loss of projected or anticipated savings, loss of revenue or any other consequential or indirect loss howsoever caused.
C. Nothing in this agreement shall limit or exclude the liability of either party:
I. For death or personal injury caused as a result of its negligence.
II. For fraud or fraudulent misrepresentation
III. For loss or damage to property caused by any negligent act
IV. For any and all other matters where it is illegal to exclude or limit liability.
D. Where this Agreement is breached by the client or the client is negligent in any way of the undertakings and obligations placed upon them under this agreement or commits a breach of any statutory duty which results in a loss incurred by the service provider, the service provider may claim damages from the client for the losses incurred. -
Except in the case of death or personal injury cause by the service provider’s negligence, the liability of the service provider under or in connection with this agreement shall not exceed the fee paid by the client tot he service provider under this agreement.
F. The service provider will make safe all areas as much as reasonably possible (taping wires etc), however the client must ensure that the service provider is covered under their insurances for any personal injury claims.
9. TERMINATION
A. Without prejudice to the other remedies or rights a party may have, this agreement may be terminated:
With immediate effect by either party serving written notice if the other party commits any material breach of any term of these conditions and which (in the case of a breach capable of being remedied) shall not have been remedied within twenty one (21) days of a written request to remedy the same;
II. At any time by either party upon service of fourteen DAYS notice in writing to the other.
III. With immediate effect by the service provider providing written notice if the client fails to make payment of any sums within 14 days of such sums falling due;
IV. By the mutual agreement of both parties where
a. The Client has obtained a moratorium under Part A1 of the Insolvency Act 1986; or
b. The Client becomes the subject of a Company Voluntary Arrangement under the Insolvency Act 1986; or
c. The Client becomes the subject of a restructuring plan under Part 26A of the Companies Act 2006.
B. On termination of this agreement, the client shall pay for all services provided up to the date of termination, and for all expenditure falling due for payment after the date of termination from commitments reasonably and necessarily incurred by the service provider for the performance of the services prior to the date of termination.
C. Any termination of the agreement pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to under the agreement or at law and shall not affect any accused rights or liabilities of either party not the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
D. CANCELLATION FEES
I. If termination takes place 14 days or more before the date of the event, then no additional cost shall be incurred by the client besides the initial non-refundable security and travel deposit.
II. If termination takes place between 7 and 14 days of the event, a 50% payment of the Film/Edit fee is payable in addition to the non-refundable deposit.
III. If terminated less than 7 days before the event the full film/edit fee will be due in addition to the non-refundable deposit, due to loss of other work having this date secured.
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LIVE STREAMS
A. Payment
Payment of Live Streams must be paid in advance in full at least 1-week prior to the date of the event.
B. Live Edit
The live edit will be completed by a member of the Spinebuster Media team using their discretion to choose the best live angles in the moment of the edit.
Wireless streaming equipment will be used at ringside, which may incur a slight delay on the edit and may cause the footage to be slightly out of sync in comparison to wired in hardcams. Sync may also be slightly out on audio due to the latency. This is a risk of live streaming and the client accepts that this is a possibility at time of booking. The live edit will be submitted and streamed as it happens on the day. A re-edit is not included in the live edit fee and will be a subsequent charge for time taken.