Terms of Business – how we work

Terms of Business

Bookings

Bookings should be made by email or other electronic means and both client and Digital Operator should understand if the work is a provisional (pencilled) or confirmed booking. On confirmation the following should be agreed, in writing or should be provided on a call sheet to avoid doubt:

    • Dates, start times, and hours
    • Venue and travel arrangements
    • Special requirements (clothing, equipment knowledge, etc.)
    • Fee
    • Expenses and overtime (where appropriate)
    • Weather contingency for location work
    • Possible overlaps with Assistant’s other confirmed jobs
    • Invoicing details
    • Contact names and numbers

If a provisional booking with another client is already in place for the date(s) requested, that client will be given the option to confirm before another booking is accepted.

Cancellation and Postponement

Cancellation by the Digital Operator is only acceptable due to unavoidable reason, e.g. illness, and the substitution of another Digital Operator shall not be made without the clients’ prior knowledge and consent. The client has the right to approve any replacement before commencement of the shoot.

Where a booking is confirmed which may overlap a previously confirmed job, the client shall be informed as soon as possible and given the option to book another Digital Operator.

Cancellation fees are only payable for Confirmed Bookings. If cancellation of a Confirmed Booking occurs within two working days of the shoot start date, then a 100% Cancellation Fee and any incurred expenses will always be charged. Other cancellation terms and fees may also apply and should always be agreed in advance of the booking.

Fees and Payment

Fees & Overtime

Fees are charged at a daily rate as set out on the ‘Services’ page.

The Basic Day Rate is based on a Standard Working Day of 10 hours duration, between the hours of 7am-8pm. The Standard Working Day must include a break for lunch with suitable food provided, of at least 30 minutes. If the working day is shorter than 10 hours, a Standard Working Day will still be billed for, unless otherwise agreed.

In a Standard Working Day, hours worked beyond 10 hours will be classed as Overtime (OT), to be billed in blocks of 1hr charged at multiples of the Basic Hourly Rate. The Basic Hourly Rate (BHR) is calculated by dividing the standard day rate by 10.

In a Standard Working Day, when Overtime occurs between the hours of 7am-8pm then it should be charged at the rate of 1.5xBHR for hours 11 and 12. Beyond 12 hours worked then OT should be billed at either 2xBHR or the appropriate Unsociable Hours rate, whichever is higher.

Working hours and Overtime that fall outside of the hours of 7am-8pm should be billed at the appropriate Unsociable Hours Rate (20:00 – 00:00 @ 2xBHR, 00:00 – 05:00 @ 3xBHR, 05:00 – 07:00 @ 2xBHR). If a Standard Working Day exceeds 12 hours duration then an additional break of at least 30 minutes must be provided along with suitable hot food. Failure to provide either will incur a No 2nd Break fee of 1 hour charged at 2x BHR 

Payment

Payment should be made within 10 days of receipt of invoice. Any overdue payments of 30 days or more are subject to additional charges as detailed under the Late Payment of Commercial Debts (Interest) Act 1998.

Expenses

All expenses incurred on behalf of the client including travel, food, accommodation, telephone (where incurred as a result of or in conjunction with the job) are payable via invoice and will be itemised and included on the final invoice.

Overnight Travel, and Travel Days

In the event of an overnight stay The Client is responsible for the cost of accommodation and all travel expenses. The Digital Operator must also be provided with non sharing accommodation unless otherwise agreed in advance.

Per Diems to cover all meals for each day, or part thereof, that The Digital Operator is away from home should also be provided, except when meals are provided during the working day or paid for by The Client as part of accommodation.

Travel days are considered a Standard Working Day and will be billed as such, unless otherwise agreed. Where a shoot is in a country other than the United Kingdom The Client is responsible for any medical bills incurred, either directly or indirectly, as a result of The Digital Operator falling ill or being injured and The Digital Operator must be provided with evidence of suitable insurance cover.

The Client is also responsible for The Digital Operator’s repatriation in the event of medical necessity or death.

Illness

In the event that The Digital Operator is unable to fulfil their commitment to a booking through illness / circumstances beyond their control (such as, but not limited to, death of a family member, etc), then they commit to working with the client to find a suitable replacement for themselves where possible. The client also agrees that no party shall have a claim for liability against The Digital Operator for failure to provide the contracted service in this situation and The Client agrees to pay The Digital Operator for any work done up to the point where the booking has ceased, plus travel and per diem costs and in the case of an overseas assignment repatriation and associated costs, but will not be liable for any other payments.

Force Majeure

In the case of The Digital Operator’s Confirmed Booking being cancelled because of an event of Force Majeure. The client agrees to pay The Digital Operator for any work done up to the point where production has ceased, plus travel and per diem costs and in the case of an overseas assignment repatriation and associated costs, but will not be liable for any other payments.

An event of Force Majeure shall be defined as any event that is not reasonably insurable including but not limited to any act of terrorism, threat of terrorism, any hostile or war like action in time of peace or war, the use or threat of use of any weapon of war employing atomic fission or radioactive force, any instruction or rebellion or revolution or civil war or usurped power or any action taken by any governmental authority in hindering or combating or defending against such occurrence, seizure or destruction under quarantine or customs regulation or confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade, any civil commotion assuming the proportions of or amounting to a popular rising or riot or martial law or the act of any lawfully constituted civil authority (except to the extent that certain acts of civil authority may reasonably be insurable from time to time).

Limitation of Liability

The Digital Operator shall not be liable for:
(a) losses that were not caused by breaches of these terms;
(b) any loss or damage that was not, at the time of the relevant contract with you was formed, a reasonably foreseeable consequence of the Digital Operator breaching the contractual terms;
(c) Consequential losses including but not limited to loss of profits, loss of contracts, loss of revenue, damage to goodwill and loss of opportunity;
(d) loss of data stored on any device, or inability to access data, unless the result of negligence by the Digital Operator;
(e) loss or damage to any equipment, or vehicle, unless the result of negligence by the Digital Operator.

Nothing in these terms is intended to exclude or limit The Digital Operator’s liability for (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; (iv) any implied terms as to title which cannot be excluded or limited by law; or (v) any liability that cannot be excluded or limited by law.