mark hammond

Terms & Conditions

On behalf of Mark Hammond and On the Mark Ltd.
 
This agreement formalises the established work practice & etiquette by which I operate. The following points form the basis of my employment, subject to different conditions being agreed to in writing.
I enjoy a fair workplace, operate with goodwill, and hope you view my Terms & Conditions as reasonable. Please negotiate or clarify any points prior to the job.
 
CONTENTS:
A. Booking Process & Liability
B. Work-Day & Times
C. Transport & Mileage
D. Equipment & Tape Stock
E. Workplace
F. Payment, Invoicing, Copyright
G. Travel
Insurance
Foreign (Visiting) Productions
 
 
A. BOOKING PROCESS & LIABILITY
 
RATES are subject to change with job specifics.
DAILY BOOKINGS are taken in time-specific 10-hour and 12-hour increments, with overtime charged beyond this time. Schedules must adhere to the booked times, as multiple bookings may be held. Jobs wrapping early will be billed as per the original booking. Unless stated all jobs are based on a 10-hour day.
BOOKINGS are accepted subject to availability and may be CONFIRMED at the time of booking or placed as a pencil.
A PENCIL may be cancelled by either party.
A PENCIL is considered CONFIRMED 48-hours prior to the day of the booking unless CANCELLED or NEGOTIATED. These times are measured by business days, excluding weekends & public holidays.
The onus remains with the Production at all times.
CANCELLATIONS are recorded via personal contact or recorded message on mobile telephone (07798 828308), with email (mark@markhammond.tv) or SMS (07798 828308) as secondary methods.
Once a booking has been confirmed CANCELLATION FEES apply at the rate of 50% if the cancellation is made more than 24 hours before the booked day, or at 100%, if the cancellation is made within 24 hours of the booked day.
The extent of Mark Hammond’s LIABILITY due to illness, errors, omissions, professional negligence, technical & mechanical failures, and/or effects of crime shall be limited to the equivalent of the Booking’s daily fee.
Mark Hammond and On The Mark Ltd ACCEPT NO LIABILITY or responsibility associated with the rental, loss, damage or use of equipment or loss of profits or any other consequential loss of any kind suffered by the Client or any third party.
Confirming the job binds you to these Terms and Conditions.
 
 
B. WORK-DAY & TIMES
 
TIMES are measured from BASE-to-BASE, inclusive of lunch, travel & appropriate breaks.
CALL TIME is measured from the First-Requirement of the day.
WRAP is defined as Departure-From-Final-Location or Final-Requirement of the day.
A Work Day or Overtime Buy-Out is bound by a LIMIT ON WORKING-HOURS set at 13-hours on Production Days and Travel Days, excluding long-haul flights.
OVERTIME is measured per hour or part-thereof, and applies to all Productions UNLESS SPECIFICALLY NEGOTIATED.
OVERTIME applies at 1.5 times the hourly-rate, double time after midnight.  
 
 
C. TRANSPORT & MILEAGE
 
Quoted RATES include a Transport Allowance in of 50 miles/day. Beyond 50 miles MILEAGE charged at £0.60 per mile.
All TOLLS, PARKING FEES or CHARGES incurred in the course of Production are billed to the Production.
TRANSPORT provided by the Production must meet adequate safety, comfort & security standards, or be negotiated with respect to the nature of the production.
 
 
D. EQUIPMENT & TAPE STOCK
 
TAPE STOCK is the responsibility of the Production – unless requested.
Listed EQUIPMENT is a guide, and that brought onto Location is deemed appropriate.
EQUIPMENT REQUESTS will be adhered to as closely as possible. Where specific models/items are unavailable a suitable replacement will be sought.
RENTAL EQUIPMENT sourced on behalf of a Production may incur charges for pick-up & return. No responsibility is accepted for equipment rented on behalf of the Production.
EQUIPMENT DRY-HIRE SALES - The Client accepts all equipment is in good working order prior to leaving On The Mark Ltd’s premises. All equipment supplied by On The Mark Ltd shall be examined and subjected to appropriate tests by the Client before being taken into use and if found to be defective or deficient will be replaced or defects and deficiencies remedied by On The Mark Ltd without additional charge but in no circumstances shall Mark Hammond or On The Mark Ltd be liable for transportation charges or for any loss or damage of whatever kind howsoever caused arising out of or in connection with the use or the inability to use equipment supplied. On The Mark Ltd shall at its own expense during the hire period make any repair or supply such replacement of equipment as may be necessitated by ordinary wear and tear provided that the Client returns any equipment needing attention to On The Mark Ltd’s premises. Carriage insurance and handling charges including charges for the return journey of repaired or replacement equipment to be paid by the Client. On The Mark Ltd will suspend the hire charge during the period in which the equipment is out of service or until it is replaced but On The Mark Ltd shall in no circumstances be liable to the Client for any loss, damage or expense incurred or sustained in connection or resulting from the return, repair or replacement of such equipment.
USE OF EQUIPMENT - Without previous agreement with On The Mark Ltd hired equipment must not be used on any abnormal or hazardous assignment nor taken out of the United Kingdom. Clients must keep hired equipment in their custody, protect hired equipment from the elements and take all reasonable precautions for its safety. Under no circumstances should hired equipment be altered, added to, modified, adapted or misused.
FAILURE TO RETURN EQUIPMENT/DAMAGED EQUIPMENT - The Client shall pay On The Mark Ltd the full replacement value of hired equipment not returned or the full cost of repairing any damage together with any additional hire charges whilst equipment is being repaired or replaced.
LATE RETURNS - Equipment returned late will be charged at the single agreed daily rate for each calender day or part thereof.
Consumables are charged if used - lighting gels, gaffa tape etc. Camera filters are deemed consumables, and if scratched, chipped or broken will be be charged to production.
 
 
E. WORKPLACE
 
A SAFE WORKPLACE is always maintained. All personnel reserve the right of refusal.
MINIMUM 11-HOUR TURN-AROUND as per UK Workplace legislation, overtime will be charged for every hour the 11-hour rule is not adhered to.
Productions planning to shoot in HOSTILE ENVIRONMENTS must advise prior to confirmation. Such environments include exposure to sand, salt, water, dust, biological and chemical agents, civil unrest and declared hostilities.
Production must notify Mark Hammond of all reasonably FORESEEABLE RISKS related to the job.
EQUIPMENT DAMAGE caused by handling by unauthorized persons or the actions of persons associated with or employed by the Production will be charged to the Production. Authorization is restricted to senior persons in the camera, sound, lighting & grip departments having the appropriate qualifications and experience and who are familiar with the type of equipment.
A one hour meal break is due every five hours, with an hour’s overtime charged per missed opportunity.
 
 
F. PAYMENT, INVOICING, COPYRIGHT
 
PAYMENT TERMS are strictly 30 DAYS, or as stipulated on the invoice.
LATE PAYMENT may lead to LATE FEES charged at the rate of 8% above the Bank of England base rate (The Late Payment of Commercial Debts Act 1998) + compensation entitlement £40 for a debt up to £999.99 - £70 for a debt £1000.00 to £9999.99 and £100 for debt of £10000.00+.
Failure to pay within 90 days of the invoice date may result in legal action.
ORIGINAL RECEIPTS are retained in Mark Hammond’s accounts and charges will be itemized on the invoice.
COPYRIGHT of all recorded materials remain the property of Mark Hammond until full & final payment has been received.
 
 
G.  TRAVEL
 
AIRPORT TRANSFERS and/or AIRPORT PARKING are billed to the Production.
PER DIEMS must adequately cover meals, telecommunication & weekly laundry, with respect to schedule & destination. Alternative arrangements by negotiation.
TRAVEL & REST DAYS include zero filming.
ACCOMMODATION & TRANSPORT provided by the Production must meet adequate safety, comfort & security standards, or be negotiated with respect to the nature of the project.
 
 
 INSURANCE
 
THE CLIENT’S INSURANCE - Without specific written agreement to Mark Hammond prior to the commencement of the hire period the Client shall effect its own insurance on equipment. The Client’s policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges while the equipment is repaired or replaced.
 
 
I.  FOREIGN (VISITING) PRODUCTIONS
 
All required payments must be received prior to commencement.
Final payment including incurred costs is due upon completion of each schedule.
Continuation Of Services beyond the schedule is negotiable.
Discontinuation Of Services within the schedule incurs applicable Cancellation Fees and immediate air transport to London for personnel and equipment.
Scheduled Payments negotiable for long-term projects.
Recorded materials may be withheld until receipt of due payment. When recorded materials are withheld, returns will be arranged upon receipt of payment via the Production’s means & expense. All due care taken, no responsibility accepted for losses.
 
I hope you view these Terms & Conditions as fair & reasonable. The intricacies of the industry are presented to promote transparency and avoid unnecessary dispute, so please clarify or negotiate any points prior to production. I look forward to smooth business dealings and great shoots with you.