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Please Note the below Terms and Conditions of business
For Crew and Suppliers of: ACrew4U branded video crewing services. They apply to all business dealings we have with Crew
By working with ACrew4U you agree to the following conditions of business:
Terms and Conditions of business
for Crew of ACrew4U branded video crewing services, a trading style of ACrew4U Ltd.
Revised 7 June 2019 WJM
1-Application
1.1 These Terms & Conditions apply to all crewing and services supplied by ACrew4U Ltd trading under the ACrew4U brand. They also apply to all projects that are subject to ACrew4U branded budgets, quotes and estimates.
2-Definitions and interpretation
2.1 The following expressions are defined as set out below:
Assignment: signifies the temporary employment, hire or other utilisation, whether under a contract of service or otherwise of a Freelancer by or on behalf of the Client for a specified period of time, task or project.
Client: signifies any person, film or company that contacts ACrew4U Ltd trading as A Crew 4U with the intention of booking an Assignment or otherwise employing a Crew or freelancer or to whom a Crew is introduced by ACrew4U Ltd trading as A Crew 4U.
Crew: signifies any freelancer, other person or company who is introduced or supplied by ACrew4U Ltd trading as A Crew 4U to the Client with the intention of conducting work on behalf of the Client.
Party, the Parties: refers to the Crew (1); ACrew4U branded video crewing services a trading style of ACrew4U Ltd (2).
ACrew4U Ltd, “we”, “us”, “our” and “ours”: refer to ACrew4U Ltd trading as ACrew4U and to employees and agents of the respective companies. ACrew4U Ltd has the registered address Suite 38 – 1 Empire Mews, London SW16 2BF – United Kingdom and is registered in England and Wales with company number 06082546.
2.2 Titles and headings do not form part of the Terms and Conditions.
2.3 “He” refers to “he” or “she.”
3-Obligations of ACrew4U Ltd
3.1 ACrew4U Ltd will use reasonable endeavours to effect the introduction of a suitable Video Crew to its Client.
3.2 In the event that the Client notifies ACrew4U Ltd that a Crew is unsatisfactory during an Assignment, we will make all reasonable effort to contact the Crew to settle any disagreement, but if we are satisfied that the Client’s criticisms of the Crew are reasonable, ACrew4U Ltd reserves the right to provide the Client with a suitable replacement Crew. This may result in a review our accreditation of the Crew for eligibility for our services.
3.3 At the completion of the Assignment, or otherwise as agreed between the Parties, and following receipt of the Crew’s timesheets and receipts for expenses (which must be validated by a Purchase Order issued by ACrew4U Ltd) we will pay each Crew the fees or hourly rate which have been agreed between the Parties to these Terms and Conditions.
3.4 If a Client cancels an Assignment, ACrew4U Ltd will only reimburse the Crew if we obtain the necessary cleared funds from the Client.
3.5 ACrew4U Ltd reserves the right to withhold payment for part or all of the Assignment in question if the Client deems the footage to be of an insufficient quality, until a review has been made of the footage and agreement sought with the Client regarding any discounts that may be applicable in light of remedial work needed or reshoots necessary in order for the Client to have usable footage for their project.
3.6 Payment will be made within 45 days of receipt of valid invoice from The Crew providing ACrew4U have received payment from the Client.
3.7 Unless otherwise agreed in writing, ACrew4U will only reimburse parking, travel, food and drink, shipping and hard disk drive and other media at their cost price and with supporting receipts that must be supplied at the time of invoicing.
3.8 Unless otherwise agreed in writing, ACrew4U will only pay for overtime with valid supporting information outlining why overtime was needed.
4-Obligations of the Crew
4.1 The Crew must treat the Client or representatives thereof with the highest standards of courtesy and must follow the Client brief as closely as possible.
4.2 The Crew must co-operate with all reasonable requests made by the Client and their
representatives, and must inform ACrew4U Ltd without delay if requests made by the Client are beyond the terms agreed between the Client and the Crew and are unreasonable.
4.3 The Crew must ensure that their equipment is all in working order for the shoot including camera, tripod, monitor, sound recording equipment, vehicle, lighting and backup equipment and any other parts of the shooting package.
4.4 The Crew is expected to observe call times and to be ready to work at a time requested by the Client and must convey a professional image at all times.
4.5 The use of substances that are illegal under English law is prohibited at all times throughout the Assignment, regardless of the legal status of the substances in the location of the shoot.
4.6 Drinking alcohol on a shoot is prohibited. In the 24 hours before a shoot the Crew may consume a moderate amount of alcohol but must ensure that no loss of working quality arises and that a professional image can be maintained. Furthermore, whilst at work Crew must at all times be in a fit state to drive and below the drink driving limit of the territory where the shoot is taking place. This applies regardless of whether or not it is anticipated that the Crew will be expected to drive.
4.7 Where the territory in question has no drink driving regulations in place, the Crew must meet the standards set by the UK highway code with regard to fitness for driving as stated here
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069855, or any other UK government standards as set from time to time.
4.8 The Crew must adhere to the appropriate workplace health and safety practice. The Crew must inform the Client and ACrew4U Ltd without delay of any uncertainty about health and safety issues that may arise during the Assignment, involving themselves or other Crew or participants on the project. If the Crew has concerns which have not been resolved, they should consider withdrawing from the Assignment.
4.9 The Crew must not work at height, at depth or underwater, unless the Client provides both the Crew and ACrew4U Ltd with written proof of adequate insurance cover, and a risk assessment, as well as providing sufficient and appropriate safety equipment and personnel.
4.10 The Crew must have a valid UK driving licence at the time of the Assignment and must obtain any international driving permit if required for the Assignment. Where there is doubt about any requirements, the Crew must consult the Client.
4.11 The Crew must ensure that if they fall ill during an Assignment they inform the Client and ACrew4U Ltd without delay.
4.12 The Crew must ensure that at all times during the Assignment they have adequate supplies of medicines that they require on a regular or on a contingency basis, for example, to regulate diabetes, or asthma.
4.13 The Crew must ensure that they have had any vaccinations, as appropriate to the location of the shoot. To determine whether vaccinations are appropriate, the Crew shall refer to current UK government public health guidance.
4.14 The Crew must dress appropriately for the Assignment in question and adhere to a dress code if required to do so by the Client. If in doubt the Crew must enquire with the Client as to the correct dress code to adhere to.
4.15 Whilst on a shoot the Crew must rectify problems and issues that are identified by the Client on the spot and as quickly as possible. If this is not possible, the Crew must inform ACrew4U Ltd and inform the Client that he has contacted us.
4.16 Once an Assignment has commenced if the Crew does not complete the agreed Assignment without valid justification, he is liable for the fees in full for the complete Assignment for ACrew4U Ltd. We reserve the right to substitute a Crew of equal or greater professional capability for the duration of the Assignment.
4.17 The Crew are not employees of ACrew4U Ltd and must make all the necessary returns and payments of income tax, National Insurance, and of any other mandatory social security or other contributions or taxes stipulated by English law (or by the laws of any other relevant state) of their own accord.
The Crew will be solely responsible for all income tax and personal national insurance contributions or similar taxes due in respect of the rendering of the Services under this agreement.
If any withholding or similar taxes or duties are or may be required to be paid by ACrew4U Ltd or any affiliate to any government (or any fiscal authority or other branch of such a government) in respect of the remittance to you of the Fee (or part thereof) in this Agreement, then we shall be entitled to withhold from the Fee such sums as such government, fiscal authority or branch may require to be deducted and/or withheld. Any VAT and/or GST charges or similar taxes applicable to the Services shall be the sole responsibility the Crew. In no event shall the Fee be increased to account for such charges.
4.18 Independent Contractor Relationship: the Crew’s relationship with ACrew4U Ltd is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. The Crew is not authorized to make any representation, contract or commitment on behalf of ACrew4U Ltd. For the avoidance of doubt, the Crew is acting in its own name and on its own account as principal in the performance of the Production Requirements.
4.19 For all Assignments, the Crew must have his own Public Liability Insurance cover.
4.20 The Crew must keep backup copies of all material captured during the Assignment until notified either directly by the Client or by ACrew4U Ltd that it is safe to delete.
4.21 If the Client or their representative arranges directly a subsequent Assignment for the Crew or introduces the Crew to a third party who arranges an Assignment for the Crew, and either arrangement is made within 6 months of the last date on which the Crew provided services to the Client, the Crew must inform ACrew4U Ltd about the arrangement without delay. This is the case whether the new arrangement is a temporary Assignment or permanent employment.
4.22 The Crew must have completed and signed the new crew sign up form before we can issue a Purchase Order to them
4.23 During the shoot the crew must notify ACrew4U of any additional time and expenses incurred and inform the client on site if appropriate
4.23.1 Unless it has been otherwise agreed in writing, The Crew will only and always bill for parking, travel, food and drink, shipping and hard disk drive and other media at their cost price only and with supporting receipts that must be supplied at the time of invoicing
4.23.2 Unless it has been otherwise agreed in writing, The Crew will only bill for overtime with valid supporting information outlining why overtime was needed.
4.24 After the shoot crew must send an email To say how the job went and if the client was satisfied and to list any problems that occurred and also to state how problems were solved and whether the client / subject was satisfied
4.25 Crew must send invoice for shoot itemising and justifying any overtime or additional expenses and always state full bank details (BIC/SWIFT Code and or IBAN) Payment will be made within 45 days of receipt of valid invoice
5-Status of Enquiries, Options and Bookings
5.1 ACrew4U Ltd will confirm to Crew that a booking has been made by sending a purchase order (“P.O.”) to the Crew. An enquiry in no way constitutes a booking by ACrew4U Ltd.
5.2 An option or “pencil” in no way constitutes a booking by ACrew4U Ltd.
6-Planning
6.1 Freelancers work for a shift with the number of hours agreed.
6.2 The Crew must supply to ACrew4U Ltd a timesheet stating hours worked and any overages and scans of all receipts for expenses within 24 hours of the end of the Assignment, and post the corresponding originals of these documents to ACrew4U Ltd as soon as practicable.
7-Consumables
7.1 Crew should handle consumables with care at all times, whether these are provided by the Client or by another party, and report any issues arising to the Client without delay.
8-Safety Copies
8.1Where shooting on non tape based media, the Crew must make and keep secure a backup copy of all footage for a period of at least three weeks after the Assignment is completed.
9-Content Exclusivity
9.1The Crew and ACrew4U Ltd respect the sensitive or exclusive nature of some Clients’ projects and maintains information clearly defined as private and confidential as such.
9.2 The Crew must not make any reference to Assignments or feature footage or stills on social media, or comment on any discussions, unless this has been approved in writing by ACrew4U Ltd, even where no confidentiality agreement has been signed.
9.3 ACrew4U Ltd reserve the right to make non-commercial use of text, photos and video content from the projects it services or produces.
9.4 ACrew4U Ltd makes use of public information with absolute discretion and respect for broadcast and/or distribution calendars.
10-Approval of Materials and Footage and Quality Control
10.1 For a shoot where the Client or an agent of the Client is present (an “Attended” shoot) the footage is viewed/checked by the Client during the production days immediately after each shooting day.
10.2 The Crew must check with the Client each day to ascertain that the footage is of an acceptable standard and make all reasonable efforts to rectify issues arising and prevent recurrence of problems.
10.3 If the Client is not present on the shoot (a “Non-Attended” shoot) , the Client will notify
ACrew4U Ltd following the reception of rushes either in a physical form via Hard Disk Drive or Tape or if delivered in an online fashion such as an FTP transfer of issues that the Client believes render the footage or part of the footage to be of an insufficient quality.
10.4 ACrew4U Ltd will then proceed with a Quality Control (“Q.C”) viewing of the footage to determine scale and type of defects.
10.5 The footage shot by the Crew should conform to BBC General Video and Audio Quality standards defined in Section 3.1 of the BBC Technical Delivery Standards
The BBC specification in question can be downloaded here http://dpp-assets.s3.amazonaws.com/wp-content/uploads/specs/bbc/TechnicalDeliveryStandardsBBC.pdf
11-Liability
11.1 ACrew4U Ltd does not exclude or restrict liability for fraud, or for death or personal injury caused by negligence.
11.2 Subject to the previous clause, ACrew4U Ltd shall not be liable to the Crew for loss of profit, revenue, contracts, anticipated services or for any indirect or consequential loss. ACrew4U Ltd shall not be liable for acts or omissions of the Client or of other Crew, whether or not these have taken part in the Assignment as a result of our involvement, or for any damage or loss caused as a result of their negligence or delay.
11.3 In any event, but not including fraud, and not including death or personal injury caused by negligence, ACrew4U Ltd shall not be liable to Crew for more than £ 200.
12-Entire Agreement/Amendment
12.1 These Terms and Conditions incorporate all other documents and written or oral terms agreed and represent the entire and integrated agreement between the Parties hereto with respect to the subject matter hereof and supersede all prior negotiations, representations, or agreements, either oral or written between parties.
12.2 In the event of any conflict between these Terms and Conditions and any other Terms & Conditions, these Terms shall prevail unless expressly otherwise agreed in writing by ACrew4U Ltd, and no reliance shall be placed by either Party on other representations.
12.3 This agreement may be amended or modified only by a written document signed by all Parties.
13-Dispute resolution
13.1 The Parties agree to seek to resolve any dispute which arises during the continuance of this agreement or upon its determination amicably and in good faith by negotiation in the first instance.
13.2 If the dispute continues to be unresolved then the Parties agree to attempt to settle it by mediation and the mediator may be nominated by the Chair of the Bar Council on the application of either Party.
13.3 If the dispute is not settled at mediation in accordance with this clause within a period of twenty working days or such longer period as may be mutually agreed after the appointment of a mediator, either Party shall be entitled to resort to any other process for resolution or litigation.
14-Applicable Law
14.1 The law of England and Wales applies to these Terms and Conditions and to all other dealings between the Parties.
Declaration
By accepting a purchase order you confirm that you accept these Terms & Conditions and acknowledge you have read and understand them.
REV 7 JUNE 2019 WJM