1. Definition of Terms
Within this document, "FirstMark," "we," "us," and "our" refer to FirstMark Ltd, a registered limited company in the United Kingdom. "Client" and "customer" refer to the individual, business, or representative commissioning and funding the work.
These Terms and Conditions govern all video and audio assets produced by FirstMark, including all footage, photography, sound designs, and final edits in any medium.

2. Permissions and Pre-Production Clearances
The Client is solely responsible for securing all necessary permissions, clearances, and licenses required for production. This includes, but is not limited to, clearances for actor performances, branding, trademarked items, logos, intellectual property, music, and any third-party copyrighted materials featured in the video.
FirstMark accepts no liability for project delays or delivery failures resulting from outstanding clearances that fall under the Client’s responsibility.
If the Client provides copyrighted materials for us to incorporate into a project, they must secure the explicit consent of the original rights holder. The Client agrees to fully indemnify FirstMark against any future claims, legal disputes, or expenses arising from our use of these materials, without any time limitation.
Before active production begins, the Client must formally sign off on the finalized production brief and project costs.

3. Production and Editing Processes
All commissioned work will be completed according to the written estimate provided by FirstMark, based on the agreed project brief. The Client is expected to review and understand this estimate before booking. Any subsequent changes or extra filming days will be billed at our standard daily rates.
The Client is responsible for coordinating and managing clear access to all filming locations. If the Client books the venues, they must ensure our crew and support team have unrestricted access to these spaces throughout the scheduled shoot. Production delays caused by poor access or inadequate facilities may result in additional charges.
Safety is our priority. FirstMark reserves the absolute right to pull our team and equipment from any site if we believe conditions are hazardous or if our crew faces hostile or abusive behavior. Under these circumstances, the Client will remain fully responsible for all incurred and subsequent project costs. FirstMark will comply with site-specific safety regulations and coordinate with the designated safety representative named in the brief.

4. Insurance Policies
FirstMark holds public liability insurance coverage of two million pounds (£2,000,000). A copy of our certificate of insurance is available upon request. If a specific project requires higher or specialized coverage, this can be arranged at the time of booking and will be factored into the project brief.

4.1 Aerial/Drone Insurance
For all drone operations and aerial filming, FirstMark maintains specialized public liability insurance coverage of five million pounds (£5,000,000). Proof of this coverage is available upon request. Any upgrades to this coverage must be agreed upon during booking and noted in the project brief.

5. Unfavourable Weather
If poor weather poses a health and safety risk to our team and equipment, or makes it impossible to capture high-quality video and audio, we reserve the right to reschedule the shoot to an alternative, mutually agreeable date and time.

6. Delays Caused by the Client
If a shoot is delayed or cancelled because the Client fails to meet agreed schedules, secure location access, organize necessary elements, or fulfill other duties outlined in the brief, we reserve the right to reschedule the affected filming days. The Client will be billed for any extra costs arising from the delay, and no refunds or credits will be issued for the original, disrupted filming dates.

7. Working Hours and Overtime Rates
7.1 A standard production day covers up to ten (10) hours on-site. This timeframe is exclusive of a one (1) hour break for meals, unless alternative timings have been agreed upon in writing within the project brief or Statement of Work.
7.2 If FirstMark is required to perform services beyond the standard ten-hour day outlined in clause 7.1—including but not limited to extended filming, travel, equipment setup, or pack-down—these additional hours will be billed to the Client as overtime. Overtime will be charged at the rate specified in our project agreement. If no specific overtime rate is defined there, it will be billed at one hundred and fifty percent (150%) of our standard hourly rate for each hour (or portion of an hour) worked.
7.3 When traveling to or from a shoot location that lies outside a thirty (30) mile radius of FirstMark’s primary production base (or designated overnight lodging), the time spent traveling will be classified as active service provision. This travel time will count directly toward the standard daily hours mentioned in clause 7.1.

8. Changes to Scheduled Filming
We require at least two (2) weeks' written notice if the Client needs to reschedule or cancel a booked shoot. If this notice is not provided, the Client will be 100% liable for all costs tied to the originally scheduled dates.

9. Equipment and Technical Issues
In the rare event of technical difficulties or equipment failure, FirstMark will make every reasonable effort to source equivalent replacement gear or personnel to avoid project delays or quality compromises. The selection of gear on the shoot day is at the sole discretion of the lead crew member, and FirstMark accepts no further liability or claims regarding equipment choices.

10. Review and Revisions
Typically, we will provide the Client with one "first cut" edit for feedback. Our project rates include up to two rounds of revisions, provided the requested changes align with the original project brief. Any revisions beyond this scope, or major re-edits, will be billed at a rate of £350 + VAT per day (or part thereof).

11. Delivery Timelines
Any project completion dates shared by FirstMark are estimates only. While we will work diligently to meet your deadlines, our ability to do so depends on swift communication, timely payments, and prompt feedback from the Client. In all scenarios, our liability is capped at the total agreed cost of the project (minus costs for work already completed within the brief). FirstMark is not liable for any financial losses, damages, or costs caused by delayed, incorrect, or failed project deliveries.

12. Copyright and Intellectual Property
All Intellectual Property Rights created during or as a result of this contract will belong entirely to FirstMark. The Client agrees to take all necessary steps to ensure these rights remain with FirstMark, including signing any necessary agreements with third parties.
All creative concepts, scripts, storyboards, and treatments developed by FirstMark remain our sole intellectual property indefinitely.
The intellectual property rights for the specific media created for the final edit will transfer to the Client only after we have received full and final payment.
FirstMark reserves the right to use any part of the produced media to showcase and promote our services across any marketing channels or media formats.

13. Licensing and Media Usage
If the Client supplies logos, graphics, music, or video footage for the project, they must obtain proper permissions from the original creator first. By agreeing to these terms, the Client indemnifies FirstMark against any copyright claims, legal actions, or costs resulting from a breach of copyright laws or license terms linked to those materials.
We retain the right to showcase footage and project assets in our promotional portfolios and showreels.
FirstMark licenses the final video to the Client in its completed, delivered format only. The Client may not alter, edit, or repurpose any of the footage for other productions without our express written consent.
Once all outstanding invoices have been paid in full and cleared in our bank account, and provided the Client is in full compliance with these Terms, the Client is granted a lifetime, perpetual license to use the final video in its delivered form.
FirstMark retains the right to use our copyrighted footage for other legal or commercial purposes, including in projects for other clients, unless we have granted the Client an exclusive license, or the footage features the Client’s specific trademarks, brand assets, or copyrighted materials.

14. Terms of Payment
Our payment terms are strictly 30 days from the invoice date. By confirming an order, the Client agrees to these terms.
We reserve the right to apply statutory interest and late payment fees to any overdue invoices, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.
We will exercise our legal right to claim interest and debt recovery compensation under late payment legislation if payments are not made within the agreed timeframe.
The Client will be responsible for covering all legal and collection fees incurred due to late or defaulted payments. FirstMark reserves the right to pause deliveries or revoke/suspend your usage licenses if your account is overdue. All usage licenses are strictly conditional upon receiving full payment, including any extra fees, taxes, or administrative costs.
The Client is deemed to have accepted these Terms and Conditions upon issuing a formal order or instructing FirstMark to proceed with work by any communication method. This agreement is governed by and construed in accordance with UK law.