MEDIA25 STUDIO
TERMS AND CONDITIONS
Last updated: 1 August 2026
These Terms and Conditions govern studio hire, equipment hire, photography, filming, video production, audio production, podcast production, live streaming, editing, post-production and other related creative and technical services supplied by Media25 Studio.
Media25 Studio is the trading name of Tim Nathan, a sole trader.
Proprietor: Tim Nathan
Trading name: Media25 Studio
Business address: Unit 1 Mercatoria Business Centre, Norman Road, St Leonards-on-Sea, East Sussex TN38 0EJ
Email: creative@media25.org
Telephone: 07889 181130
Website: media25.org
By confirming a Booking, paying an invoice or booking fee, entering the Studio, or instructing Media25 to begin work, the Customer agrees to these Terms and Conditions.
1. DEFINITIONS
1.1 Media25
“Media25”, “Media25 Studio”, “we”, “us” and “our” mean Tim Nathan, a sole trader trading as Media25 Studio.
Where appropriate, references to Media25 include its employees, assistants, freelancers, agents and authorised subcontractors.
1.2 Customer
“Customer”, “you” and “your” mean the individual, company, organisation or other person making the Booking or commissioning the Services.
A person making a Booking on behalf of a company, organisation or another person confirms that they have authority to bind that company, organisation or person to these Terms.
1.3 Consumer
“Consumer” means an individual acting mainly for purposes outside their trade, business, craft or profession.
1.4 Business Customer
“Business Customer” means an individual or organisation acting for purposes connected with a trade, business, craft or profession.
1.5 Booking
“Booking” means a confirmed reservation of the Studio, Equipment, personnel or Services described in a quotation, estimate, invoice, email, booking confirmation or other written agreement.
1.6 Studio
“Studio” means the Media25 Studio premises and any associated areas or facilities made available as part of a Booking.
1.7 Services
“Services” include:
-
studio hire;
-
equipment hire;
-
photography;
-
filming and video production;
-
audio and podcast recording;
-
live streaming;
-
editing and post-production;
-
directing and production assistance;
-
drone photography and filming;
-
location work;
-
crew and technical services;
-
and any other service described in a quotation or Booking confirmation.
1.8 Equipment
“Equipment” means cameras, lenses, lighting, grip equipment, computers, audio equipment, furniture, fixtures, backdrops, sets, accessories and any other equipment supplied or made available by Media25.
1.9 Deliverables
“Deliverables” means the final photographs, films, videos, audio recordings, edits, graphics or other finished material expressly listed in the quotation or Booking confirmation.
1.10 Working Materials
“Working Materials” include:
-
raw photographs;
-
camera-original footage;
-
original audio recordings;
-
unused takes;
-
test images;
-
project files;
-
edit timelines;
-
layered files;
-
source files;
-
production documents;
-
lighting plans;
-
temporary files;
-
and unfinished or rejected work.
1.11 Customer Materials
“Customer Materials” means any products, property, files, photographs, artwork, scripts, music, logos, trademarks, data, documents or other material supplied by or on behalf of the Customer.
2. THE CONTRACT
2.1
The contract between Media25 and the Customer consists of:
-
the quotation, estimate, invoice or Booking confirmation;
-
the agreed brief or specification;
-
these Terms and Conditions; and
-
any additional written terms expressly agreed by Media25 and the Customer.
2.2
Where there is a conflict, a specific term contained in a written quotation or Booking confirmation will take priority over these general Terms.
2.3
No variation to the contract will be binding unless confirmed in writing by Media25.
2.4
A quotation or provisional reservation is not a confirmed Booking.
A Booking is confirmed only when:
-
Media25 has accepted it in writing; and
-
any required booking fee, deposit or advance payment has been received.
2.5
Media25 may release provisionally reserved dates to another Customer until the Booking has been confirmed.
2.6
Email and other written electronic communications may form part of the contract.
3. QUOTATIONS AND PRICES
3.1
Quotations are based on the information supplied by the Customer.
Media25 may revise a quotation where:
-
the brief changes;
-
the required work is greater than originally described;
-
additional time, personnel or Equipment are required;
-
the Customer provides incomplete or inaccurate information;
-
working conditions differ materially from those described;
-
the location changes;
-
delivery specifications change;
-
or additional third-party costs become necessary.
3.2
Unless stated otherwise, quotations are valid for 30 days.
3.3
All prices are stated in pounds sterling.
3.4
Media25 is not currently registered for VAT. VAT is therefore not added to Media25’s prices.
If Media25’s VAT registration status changes, VAT will only be charged where clearly stated on the relevant quotation and invoice.
3.5
Unless expressly included, quotations do not include:
-
travel;
-
accommodation;
-
parking;
-
congestion or clean-air-zone charges;
-
permits;
-
location fees;
-
couriers;
-
props;
-
consumables;
-
specialist Equipment;
-
music licences;
-
stock material;
-
actors or models;
-
additional crew;
-
catering;
-
or other third-party expenses.
3.6
Any estimate is an informed indication of likely cost and is not a fixed quotation unless expressly described as fixed.
4. PAYMENT
4.1 Studio hire
Unless otherwise agreed in writing, the full Studio hire charge must be paid before the Booking is confirmed.
4.2 Production Services
Payment stages for photography, filming, editing and other production Services will be stated in the quotation or invoice.
Unless another payment period is stated, invoices are payable on receipt.
4.3 Booking fees and deposits
Media25 may require a booking fee or deposit to reserve time, the Studio, Equipment or personnel.
A booking fee reflects the reservation of Media25’s time and the loss of the opportunity to accept conflicting work.
Any term stating that a booking fee is non-refundable remains subject to applicable consumer law and the cancellation provisions in these Terms.
4.4 Additional costs
Additional Services, Equipment, overtime and expenses authorised by the Customer may be invoiced separately.
4.5 Final delivery
Media25 may withhold:
-
final high-resolution Deliverables;
-
unrestricted downloads;
-
physical products;
-
Working Materials;
-
and the Customer’s usage licence
until all sums due have been received in cleared funds.
4.6 Late commercial payments
Where the Customer is a Business Customer, Media25 may claim statutory interest, compensation and reasonable recovery costs under the Late Payment of Commercial Debts legislation.
4.7 Recovery costs
The Customer will be responsible for reasonable legal and administrative costs properly incurred in recovering overdue sums, to the extent permitted by law.
4.8 Disputed invoices
A Customer disputing an invoice must notify Media25 promptly in writing, explaining the part disputed and the reason.
Any undisputed amount remains payable.
5. CANCELLATION AND RESCHEDULING BY THE CUSTOMER
5.1
Cancellation or rescheduling requests must be made in writing.
5.2 More than seven clear days before the Booking
Where Media25 receives notice more than seven clear days before the Booking, the Customer may:
-
reschedule once without a rescheduling fee, subject to availability and clause 5.7; or
-
cancel, in which case Media25 may retain up to 25% of the agreed Booking charge to reflect administration, preparation and lost booking opportunity.
5.3 Between three and seven clear days
Where cancellation occurs between three and seven clear days before the Booking, Media25 may charge up to 50% of the agreed Booking charge.
5.4 Less than 72 hours
Where cancellation occurs less than 72 hours before the Booking, the full agreed Booking charge may be payable.
5.5 No-show
Where the Customer does not attend and has not cancelled, the full Booking charge will be payable.
5.6 Third-party expenses
Non-refundable third-party expenses and Services already properly performed remain payable in addition to the applicable cancellation charge.
5.7 Rescheduled Bookings
A Booking rescheduled without charge must normally take place within three months of the original date.
Rescheduling remains subject to:
-
Media25’s availability;
-
any committed third-party expenses;
-
the same general scope of work;
-
and any reasonable price changes caused by the replacement date or changed requirements.
5.8 Changes to the Booking
A request to change the date, location, duration, scope or essential nature of a confirmed Booking may be treated as a cancellation where Media25 cannot reasonably accommodate the change.
5.9 Mitigation
Media25 will take reasonable account of:
-
costs avoided;
-
work not performed;
-
and income received from a replacement Booking for the same period.
5.10 Consumers
Nothing in this section limits any cancellation or refund right available to a Consumer under applicable law.
6. CANCELLATION OR CHANGES BY MEDIA25
6.1
Media25 may cancel, postpone or alter a Booking where reasonably necessary because of:
-
illness or incapacity;
-
Equipment failure;
-
Studio damage;
-
loss of access;
-
unsafe conditions;
-
severe weather;
-
transport disruption;
-
power or network failure;
-
emergency;
-
or circumstances beyond Media25’s reasonable control.
6.2
Where reasonably possible, Media25 will offer:
-
a replacement date;
-
substitute personnel;
-
alternative Equipment;
-
a reasonable alternative service;
-
or a refund for the affected part of the Services.
6.3
Media25 will not be responsible for third-party costs incurred by the Customer unless Media25 expressly agreed in writing to accept responsibility for them.
6.4
Nothing in this section excludes liability that cannot lawfully be excluded.
7. STUDIO HIRE PERIOD
7.1
The hire period begins at the time stated in the Booking confirmation, whether or not the Customer has arrived.
7.2
The booked period includes all time required for:
-
access;
-
unloading;
-
set construction;
-
preparation;
-
hair and makeup;
-
lighting;
-
rehearsals;
-
photography or filming;
-
dismantling;
-
cleaning;
-
packing;
-
and loading out.
7.3
The Studio must be cleared and returned to Media25 by the end of the booked period.
7.4
Arriving late does not extend the Booking.
7.5
Additional time is subject to availability and Media25’s approval.
Unless otherwise agreed, overtime will be charged in 30-minute increments at the equivalent of £60 per hour.
7.6
If the Customer is more than 30 minutes late without contacting Media25, Media25 may treat the Booking as a no-show.
7.7
Where the Customer requires a Media25 staff member to provide technical, lighting or other assistance, this must be agreed in advance and may incur an additional charge.
7.8
Where no technical assistance has been booked, the Customer confirms that the people using the Studio and Equipment are sufficiently competent to do so safely.
8. STUDIO ACCESS AND CUSTOMER RESPONSIBILITY
8.1
The Studio is hired to the named Customer for the purpose stated in the Booking.
8.2
The Customer may not transfer, resell, sublicense, share or sublet the Booking without Media25’s prior written consent.
8.3
The Customer is responsible for the conduct and supervision of everyone attending under the Booking, including:
-
employees;
-
clients;
-
models;
-
performers;
-
presenters;
-
guests;
-
crew;
-
contractors;
-
assistants;
-
and members of the public invited by the Customer.
8.4
The Customer must not exceed the maximum occupancy specified by Media25.
8.5
The Customer and all attendees must follow reasonable safety, security and operational instructions given by Media25.
8.6
The Customer must immediately report:
-
accidents;
-
injuries;
-
Equipment faults;
-
breakages;
-
spills;
-
property damage;
-
electrical problems;
-
and any unsafe condition.
8.7
Media25 may restrict access to areas that are not included in the Booking or that contain sensitive or hazardous Equipment.
9. STUDIO CONDITION AND CLEANING
9.1
The Studio will be supplied in a reasonably clean and usable condition.
9.2
The Customer must inspect the Studio and Equipment at the start of the Booking and promptly report any existing damage or unacceptable condition.
9.3
If no problem is reported, the Studio and Equipment will be treated as having been accepted in their apparent condition.
9.4
The Customer must leave the Studio reasonably clean, tidy and in substantially the same condition as at the start of the Booking.
9.5
The Customer must remove all:
-
sets;
-
props;
-
packaging;
-
rubbish;
-
food;
-
personal belongings;
-
tape;
-
fixings;
-
and other materials brought into the Studio.
9.6
Additional cleaning, repairs, waste removal or reinstatement required because of the Customer’s use will be charged at a reasonable rate.
10. ALTERATIONS, SETS AND SPECIAL EFFECTS
10.1
The Customer must not paint, drill, screw, nail, glue or otherwise alter any part of the Studio without prior written permission.
10.2
Any set construction, rigging or installation must be safe, competently carried out and suitable for the Studio.
10.3
The following require Media25’s prior written permission:
-
smoke or haze;
-
open flames;
-
candles;
-
pyrotechnics;
-
explosives;
-
liquids or water effects;
-
confetti;
-
glitter;
-
powder;
-
sand or soil;
-
firearms or replica weapons;
-
knives or other weapons;
-
stunts;
-
hazardous substances;
-
unusually heavy objects;
-
suspended loads;
-
high-powered electrical Equipment;
-
and any activity presenting an increased risk of injury or damage.
10.4
The Customer must provide any necessary risk assessments, method statements, licences or insurance when requested.
10.5
Media25 may stop any activity it reasonably considers unsafe, unlawful or likely to damage the Studio, building or Equipment.
11. CONDUCT
11.1
Smoking and vaping are not permitted inside the Studio or elsewhere in the building except in a specifically designated area.
11.2
Noise must be kept at a reasonable level, taking account of other occupants and neighbouring properties.
11.3
Illegal, abusive, threatening, discriminatory, dangerous or seriously disruptive conduct is prohibited.
11.4
The Customer must not use the Studio to create or facilitate material or activities that are unlawful.
11.5
Media25 may require anyone behaving unreasonably, unlawfully or unsafely to leave immediately.
11.6
Termination for serious misconduct does not entitle the Customer to a refund.
12. ANIMALS
12.1
Animals are not permitted without prior written agreement, except for legally recognised assistance dogs.
12.2
Where an animal is permitted, the Customer is responsible for:
-
supervision;
-
welfare;
-
safe handling;
-
required permissions;
-
cleaning;
-
and any damage or additional cleaning caused by the animal.
12.3
Media25 may require an animal to be removed if it presents a safety, welfare or property risk.
13. CHILDREN AND YOUNG PEOPLE
13.1
The Customer is responsible for obtaining all necessary parental permissions, licences, releases and consents relating to children and young people.
13.2
Anyone under the age of 16 must be accompanied and supervised at all times by a parent, legal guardian or properly authorised chaperone.
13.3
Anyone under 18 remains the responsibility of the Customer and the responsible adult attending with them.
13.4
The Customer is responsible for complying with applicable child-performance, safeguarding, education and working-time requirements.
13.5
Media25 may refuse or stop a Booking where it reasonably believes that adequate permissions, supervision or safeguarding arrangements are not in place.
14. EQUIPMENT
14.1
Equipment supplied by Media25 must only be used:
-
for the agreed purpose;
-
within the Studio unless otherwise agreed;
-
in accordance with Media25’s instructions;
-
and by competent persons.
14.2
The Customer must not:
-
remove Equipment from the Studio without permission;
-
dismantle, modify or repair Equipment;
-
defeat safety devices;
-
change firmware or system settings;
-
install unauthorised software;
-
connect unsuitable power supplies;
-
or allow untrained people to use specialist Equipment.
14.3
The Customer must report any fault immediately and stop using Equipment where continued use could create a risk.
14.4
The Customer is responsible for loss or damage caused by:
-
misuse;
-
negligence;
-
unauthorised alteration;
-
failure to follow instructions;
-
or the actions of people attending under the Customer’s Booking.
14.5
The Customer is not responsible for fair wear and tear or faults caused by Media25’s failure to maintain Equipment with reasonable care.
14.6
Damaged or lost Equipment may be charged at the reasonable cost of repair or like-for-like replacement, together with directly related and reasonable hire, delivery or administration costs.
14.7
Media25 may substitute Equipment with reasonably equivalent Equipment where necessary.
15. MEDIA25 PERSONNEL AND SUBCONTRACTORS
15.1
Media25 may use suitably skilled employees, assistants, freelancers or subcontractors to provide all or part of the Services.
15.2
Media25 remains responsible for Services supplied under its direction, subject to these Terms.
15.3
Where the Customer directly instructs or controls a person supplied to assist its own production, the Customer remains responsible for production decisions and the working environment under its control.
16. PHOTOGRAPHY, FILMING AND PRODUCTION SERVICES
16.1
The Customer must provide Media25 with a sufficiently clear brief, including any essential:
-
shots;
-
products;
-
people;
-
messages;
-
formats;
-
technical specifications;
-
delivery dates;
-
branding requirements;
-
accessibility requirements;
-
and intended uses.
16.2
Media25 will use reasonable professional skill, care and creative judgement in performing the Services.
16.3
Unless the Customer has supplied detailed mandatory instructions in writing, Media25 retains reasonable creative and technical discretion regarding:
-
lighting;
-
composition;
-
framing;
-
camera position;
-
direction;
-
colour;
-
sound;
-
editing;
-
pacing;
-
image selection;
-
and production technique.
16.4
A difference in subjective artistic preference will not, by itself, mean that Media25 has failed to provide the Services with reasonable care and skill.
16.5
The Customer must ensure that products, people, locations and materials required for the production are available, prepared and suitable at the agreed time.
16.6
Additional work caused by missing, late, defective or incorrectly prepared Customer Materials may be charged separately.
16.7
Media25 is not responsible for defects in the appearance of products or Customer Materials that were not reasonably apparent before photography or filming.
16.8
Reshoots required because of:
-
changes to the brief;
-
Customer error;
-
absent personnel;
-
unsuitable products;
-
incorrect information;
-
or circumstances controlled by the Customer
will be charged separately.
17. DRONE SERVICES
17.1
Drone photography and filming are subject to:
-
weather;
-
visibility;
-
airspace restrictions;
-
location permissions;
-
legal operating limits;
-
Equipment condition;
-
public safety;
-
and the professional judgement of the drone operator.
17.2
The drone operator has final authority over whether a flight can lawfully and safely proceed.
17.3
Media25 may postpone, relocate, restrict or cancel a flight where conditions are unsafe or legal permissions are unavailable.
17.4
Media25 does not guarantee that a particular flight path, height, angle or shot will be legally or safely achievable.
17.5
Where a flight cannot proceed, Media25 will act reasonably in offering a replacement date, an alternative approach or an adjustment to the affected charge.
Committed third-party expenses and Services already provided remain payable.
18. LIVE STREAMING AND ONLINE SERVICES
18.1
Media25 will use reasonable care and skill when providing live streaming and online production Services.
18.2
Live streaming depends on systems that may be outside Media25’s direct control, including:
-
internet connections;
-
telecommunications networks;
-
hosting providers;
-
social-media platforms;
-
streaming platforms;
-
account permissions;
-
and third-party software.
18.3
Media25 cannot guarantee that a third-party platform or network will operate without interruption, delay, compression, restriction or failure.
18.4
The Customer is responsible for:
-
supplying correct account access;
-
confirming platform permissions;
-
providing accurate stream details;
-
and ensuring that its content complies with platform rules.
18.5
Where appropriate, Media25 may recommend a local recording alongside the live stream, but this must be included in the quotation or Booking.
19. CUSTOMER MATERIALS, PERMISSIONS AND CLEARANCES
19.1
The Customer warrants that it has all necessary rights, licences, permissions and authority for Customer Materials and instructions supplied to Media25.
This includes, where applicable:
-
logos;
-
trademarks;
-
photographs;
-
artwork;
-
scripts;
-
music;
-
fonts;
-
archive material;
-
products;
-
packaging;
-
performances;
-
locations;
-
personal data;
-
quotations;
-
and testimonials.
19.2
Unless Media25 has expressly agreed to obtain them, the Customer is responsible for:
-
model releases;
-
performer releases;
-
property releases;
-
location permissions;
-
music licences;
-
product permissions;
-
child-performance permissions;
-
and consents required for publication, advertising or distribution.
19.3
Media25 may refuse to create, edit, publish or deliver material that it reasonably believes is:
-
unlawful;
-
defamatory;
-
fraudulent;
-
infringing;
-
discriminatory;
-
obscene;
-
misleading;
-
or likely to expose Media25 or Tim Nathan to legal action.
19.4
The Customer is responsible for checking:
-
factual statements;
-
names;
-
titles;
-
prices;
-
claims;
-
dates;
-
spellings;
-
contact details;
-
and legal notices
before final approval.
20. DELIVERABLES AND REVISIONS
20.1
Media25 is only required to supply the Deliverables stated in the quotation or Booking confirmation.
20.2
Drafts, previews, contact sheets and low-resolution review files are supplied for review only and must not be published unless Media25 gives permission.
20.3
The quotation will state any included revision rounds.
Where the quotation is silent, one reasonable round of minor amendments is included for edited production work.
20.4
The following may be charged separately:
-
additional revision rounds;
-
changes to the original brief;
-
replacement of previously approved material;
-
substantial restructuring;
-
new versions or formats;
-
re-editing after approval;
-
and changes required because the Customer supplied incorrect information.
20.5
The Customer must provide clear, consolidated feedback through one nominated contact wherever reasonably possible.
20.6
Conflicting instructions from different Customer representatives may delay delivery and result in additional charges.
20.7
Delays in receiving feedback, approvals or Customer Materials may delay delivery.
20.8
Media25 is not responsible for errors that the Customer approved or failed to identify in a supplied proof, draft or review copy.
20.9
Delivery dates are estimates unless Media25 expressly agrees in writing that a date is a fixed contractual deadline.
21. COPYRIGHT AND INTELLECTUAL PROPERTY
21.1 Copyright ownership
Unless expressly agreed otherwise in a separate written agreement signed by Tim Nathan, all copyright and other intellectual-property rights owned or controlled by Media25 in work created as part of the Services remain the property of:
Tim Nathan, trading as Media25 Studio.
Media25 Studio is a trading name and not a separate legal person. Copyright described as belonging to Media25 Studio is therefore legally owned by Tim Nathan, unless a third party owns or controls a particular element.
21.2 Work covered
The rights retained by Tim Nathan include, where applicable, copyright and other rights in:
-
photographs;
-
films;
-
video recordings;
-
sound recordings;
-
edits;
-
graphics;
-
artwork;
-
designs;
-
treatments;
-
scripts;
-
layouts;
-
animations;
-
production documents;
-
creative concepts recorded in material form;
-
and other creative work.
21.3 No automatic transfer of copyright
Payment for photography, filming, editing, production or another creative Service does not transfer copyright ownership to the Customer.
The Customer receives a licence to use the final Deliverables as set out in these Terms, the quotation or Booking confirmation.
21.4 Copyright assignments
Any sale, assignment or transfer of copyright must:
-
be separately agreed;
-
be in writing;
-
identify the rights being transferred;
-
be signed by Tim Nathan;
-
and may require an additional fee.
No agreed transfer will take effect until all sums due have been paid in cleared funds.
21.5 Licence after payment
Once all sums due have been paid, Media25 grants the Customer the usage licence stated in the quotation or Booking confirmation.
No usage licence takes effect before full payment unless Media25 expressly agrees otherwise in writing.
21.6 Default Customer licence
Where the quotation does not define a specific licence, the Customer receives a non-exclusive, worldwide and continuing licence to use the final Deliverables for the purpose reasonably understood from the agreed brief.
For a Business Customer, this will normally include use in the Customer’s own:
-
website;
-
social-media channels;
-
public relations;
-
presentations;
-
brochures;
-
online listings;
-
internal communications;
-
and general business marketing.
This licence does not transfer copyright ownership.
21.7 Customer suppliers
The Customer may allow its employees, agencies, designers, printers, publishers, broadcasters and technical suppliers to handle the Deliverables solely for the Customer’s licensed use.
Those parties do not acquire an independent right to use, sell, licence or exploit the Deliverables.
21.8 Additional or restricted uses
Unless expressly included in the agreed licence, the Customer must not:
-
sell or resell the Deliverables;
-
sublicense them to another person or organisation;
-
place them in a stock image, footage or audio library;
-
offer them as downloadable or reusable assets;
-
use them to promote an unrelated third party;
-
use them on merchandise;
-
use them on product packaging;
-
syndicate them;
-
use them in a separate campaign not covered by the original brief;
-
use them outside an agreed territory, media, duration or purpose;
-
or use them in a way that implies an endorsement not agreed by Media25.
Additional uses may be licensed for an additional fee.
21.9 Artificial-intelligence use
Without Tim Nathan’s prior written permission, the Customer must not use or permit the use of the Deliverables or Working Materials:
-
to train an artificial-intelligence or machine-learning system;
-
to fine-tune or develop a generative model;
-
as part of a machine-learning dataset;
-
to create synthetic variations intended to replace the commissioned work;
-
or for automated extraction of Tim Nathan’s creative style or production methods.
21.10 Alteration and treatment
The Customer may make routine alterations reasonably necessary for licensed use, including resizing, cropping, compression and format conversion.
The Customer must not materially alter the work in a misleading, defamatory, unlawful or derogatory manner.
21.11 Raw files and Working Materials
Working Materials are not included unless expressly listed in the quotation.
Media25 is not required to supply:
-
raw photographs;
-
unedited footage;
-
unused takes;
-
original audio source files;
-
project files;
-
edit timelines;
-
layered artwork;
-
temporary files;
-
or proprietary working documents.
Where Working Materials are supplied, copyright is not transferred unless a separate written assignment is signed by Tim Nathan.
21.12 Studio-only hire
Where the Customer hires the Studio and creates work independently without commissioning Media25 to create that work, Media25 makes no claim to copyright in the Customer’s independently created work.
This does not give the Customer rights in Media25’s existing:
-
photographs;
-
films;
-
branding;
-
graphics;
-
templates;
-
set designs;
-
documents;
-
software;
-
test material;
-
production techniques;
-
or other proprietary material.
21.13 Third-party material
Deliverables may include licensed music, fonts, stock material, archive content, software or other third-party material.
Third-party material remains subject to the licence and restrictions imposed by its respective owner.
Media25 cannot transfer rights that it does not own or control.
21.14 Moral rights
Tim Nathan asserts his moral rights in work he creates, including the right to be identified as its creator or director where that right applies.
Tim Nathan does not waive his moral rights unless a specific written waiver is expressly agreed and signed by him.
21.15 Credit
Where customary, agreed or reasonably practicable, published work should carry the credit:
Tim Nathan / Media25 Studio
A credit is not required where the nature of the project or agreed use indicates that publication without a credit is intended.
21.16 Copyright notices and metadata
The Customer must not deliberately remove or alter copyright notices, authorship information, credits or identifying metadata without Media25’s permission.
21.17 Unauthorised use
Use of the work outside the agreed licence may constitute copyright infringement.
Media25 may require the unauthorised use to stop and may charge an additional licence fee or pursue other available remedies.
22. PORTFOLIO AND PROMOTIONAL USE
22.1 Commercial commissions
Unless confidentiality or an embargo has been agreed in writing before production, Media25 may use work created for a Business Customer for:
-
its website;
-
portfolio;
-
showreel;
-
social media;
-
exhibitions;
-
awards;
-
competitions;
-
editorial coverage;
-
and promotion of Media25’s services.
22.2 Private and domestic commissions
Media25 will not publicly exhibit or publish photographs or films commissioned for private and domestic purposes without the Customer’s permission.
22.3 Confidential work
Media25 will comply with a written confidentiality agreement or agreed publication embargo.
The Customer must identify confidential, restricted or commercially sensitive information before it is supplied or produced.
22.4 Unreleased products and campaigns
Where the Customer tells Media25 that work relates to an unreleased product, confidential campaign or embargoed announcement, Media25 will not knowingly publish it before the agreed release date.
23. FILE STORAGE AND DELIVERY
23.1
Media25 will take reasonable care when storing and transferring files.
23.2
The Customer must download, inspect and securely back up delivered files promptly.
23.3
The Customer must notify Media25 promptly if:
-
a download is incomplete;
-
a file appears corrupt;
-
a Deliverable is missing;
-
or the supplied format cannot be opened.
23.4
Media25 is not a permanent archive or backup service.
Unless otherwise agreed in writing, Media25 may delete Working Materials and Customer files 90 days after final delivery or completion of the Booking.
23.5
Media25 may retain selected final Deliverables and administrative records where reasonably required for:
-
legal purposes;
-
accounting;
-
insurance;
-
licensing records;
-
portfolio use;
-
or normal business records.
23.6
Retrieval, restoration, conversion or re-delivery of archived material may incur an additional charge.
23.7
Media25 does not guarantee that Working Materials will remain available after the stated retention period.
24. TECHNICAL FAILURE AND DATA LOSS
24.1
Media25 will take reasonable professional care when recording, handling, processing and storing material.
24.2
Photography, filming, recording and digital production involve risks including:
-
Equipment failure;
-
recording failure;
-
media corruption;
-
drive failure;
-
software errors;
-
power interruption;
-
network failure;
-
accidental loss;
-
and file incompatibility.
Media25 does not guarantee that a technical failure can never occur.
24.3
Where a material technical failure is caused by Media25 and the intended Deliverables cannot reasonably be recovered, Media25 may, depending on the circumstances:
-
repeat the affected work;
-
provide an alternative;
-
reduce the charge;
-
or refund the fee paid for the affected part of the Services.
24.4
The Customer is responsible for backing up its own files, media and Equipment before bringing them to Media25.
24.5
Media25 is not responsible for pre-existing corruption, defects or incompatibility in Customer Materials.
25. CUSTOMER PROPERTY
25.1
Customer Equipment, props, products, sets, files and personal property remain at the Customer’s risk except to the extent that loss or damage is directly caused by Media25’s negligence.
25.2
The Customer should not leave valuable or irreplaceable property unattended.
25.3
Property left at the Studio may be moved or stored at the Customer’s risk.
25.4
Media25 will make reasonable efforts to contact the Customer about identifiable property left behind.
25.5
If property is not collected within 30 days after notice, Media25 may dispose of, recycle, donate or sell it as reasonably appropriate.
25.6
The Customer may be charged reasonable storage, handling, delivery or disposal costs for bulky, perishable or hazardous items.
26. DAMAGE AND SECURITY DEPOSITS
26.1
The Customer is responsible for damage to the Studio, Equipment or building caused by:
-
the Customer;
-
employees;
-
crew;
-
contractors;
-
clients;
-
models;
-
performers;
-
guests;
-
animals;
-
sets;
-
props;
-
or activities carried out under the Booking.
26.2
The Customer is not responsible for fair wear and tear or damage caused by Media25’s negligence.
26.3
Media25 may require a reasonable security deposit for higher-risk, equipment-intensive or larger Bookings.
26.4
The required deposit amount will be confirmed before the Booking.
26.5
A security deposit will be returned after inspection, less any properly supported charge for:
-
damage;
-
loss;
-
additional cleaning;
-
waste removal;
-
overtime;
-
or unpaid fees.
26.6
If the reasonable cost exceeds the deposit, the Customer remains responsible for the balance.
27. COMMERCIAL CUSTOMER INSURANCE
27.1
Business Customers are responsible for maintaining insurance appropriate to their production.
This may include:
-
public liability insurance;
-
employers’ liability insurance;
-
hired-in Equipment insurance;
-
production insurance;
-
professional indemnity insurance;
-
and cover for sets, props and Customer property.
27.2
Media25 may require evidence of insurance before allowing higher-risk activities or larger productions to proceed.
27.3
Media25’s insurance does not cover the Customer’s property, personnel, Equipment or production risks unless expressly confirmed in writing.
28. LIABILITY
28.1 Liability that cannot be excluded
Nothing in these Terms excludes or limits liability for:
-
death or personal injury caused by negligence;
-
fraud or fraudulent misrepresentation;
-
deliberate misconduct;
-
or any other liability that cannot lawfully be excluded or limited.
28.2 Consumers
Where the Customer is a Consumer, Media25 is responsible for loss or damage that is a foreseeable result of Media25’s breach of contract or failure to use reasonable care and skill.
Media25 is not responsible for business losses suffered by a Consumer.
28.3 Business Customers
Subject to clause 28.1, Media25 will not be liable to a Business Customer for:
-
loss of profit;
-
loss of revenue;
-
loss of business;
-
loss of anticipated savings;
-
loss of opportunity;
-
loss of goodwill;
-
loss of contract;
-
or indirect or consequential loss.
28.4 Business Customer liability cap
Subject to clause 28.1, Media25’s total liability to a Business Customer arising from a Booking will not exceed the total fees paid or payable to Media25 for that Booking.
A different liability limit may be agreed in writing for a particular production.
28.5 Customer-controlled circumstances
Media25 is not responsible for delay, failure or loss caused by:
-
inaccurate Customer instructions;
-
late approvals;
-
absent personnel;
-
unsuitable products;
-
missing permissions;
-
Customer Equipment;
-
Customer Materials;
-
third-party suppliers appointed by the Customer;
-
or circumstances under the Customer’s control.
28.6 Statutory rights
Nothing in these Terms affects a Consumer’s statutory rights.
29. BUSINESS CUSTOMER INDEMNITY
29.1
A Business Customer will indemnify Media25 and Tim Nathan against reasonable losses, liabilities, damages, costs and expenses arising from a third-party claim caused by:
-
Customer Materials;
-
instructions supplied by the Customer;
-
the Customer’s infringement of intellectual-property rights;
-
the Customer’s failure to obtain required permissions or releases;
-
unlawful or misleading statements requested by the Customer;
-
misuse of Deliverables outside the agreed licence;
-
or injury or damage caused by the Customer’s personnel, property or activities.
29.2
This indemnity does not apply to the extent that a claim was caused by Media25’s negligence, breach of contract or unlawful conduct.
29.3
Media25 must take reasonable steps to notify the Business Customer of a relevant claim and must not unreasonably increase the resulting costs.
30. CCTV AND DATA PROTECTION
30.1
CCTV may operate in parts of the Studio and building for legitimate:
-
security;
-
safety;
-
crime-prevention;
-
access-control;
-
and property-protection purposes.
30.2
CCTV will not be intentionally positioned in toilets or designated private changing areas.
30.3
CCTV footage may be reviewed and used where reasonably necessary to investigate:
-
an accident;
-
damage;
-
theft;
-
unauthorised access;
-
a security incident;
-
or a legal or insurance claim.
30.4
CCTV footage may be disclosed where lawful and necessary, including to:
-
the police;
-
insurers;
-
legal advisers;
-
building management;
-
or another person involved in investigating an incident.
30.5
CCTV footage and other personal data will be handled in accordance with Media25’s Privacy Policy:
https://media25.org/privacy-policy-1
30.6
Appropriate signage will identify that CCTV recording is taking place and provide relevant contact information.
30.7
Media25 does not normally use continuous audio recording as part of its security CCTV system unless this is clearly stated and lawfully justified.
31. FORCE MAJEURE
31.1
Neither party will be responsible for delay or failure caused by circumstances beyond its reasonable control.
These may include:
-
fire;
-
flood;
-
severe weather;
-
epidemic;
-
government action;
-
civil disturbance;
-
industrial action;
-
transport failure;
-
utility failure;
-
network failure;
-
building closure;
-
or sudden serious illness.
31.2
The affected party must notify the other as soon as reasonably practicable.
31.3
The parties will attempt to reschedule or agree a reasonable alternative.
31.4
The Customer remains responsible for Services already supplied and unavoidable third-party costs properly incurred before the event.
32. TERMINATION
32.1
Media25 may suspend or terminate a Booking immediately where:
-
payment is overdue;
-
the Customer seriously breaches these Terms;
-
unlawful instructions are provided;
-
safety is compromised;
-
the Studio or Equipment is being damaged;
-
abusive or threatening behaviour occurs;
-
required insurance or permissions are absent;
-
or continuing the Booking could expose Media25 or another person to legal or physical risk.
32.2
Where a breach can reasonably be corrected, Media25 may allow the Customer an opportunity to correct it.
32.3
Termination does not affect rights and liabilities that arose before termination.
32.4
Terms concerning:
-
payment;
-
copyright;
-
licensing;
-
confidentiality;
-
liability;
-
file storage;
-
and data protection
continue after termination where relevant.
33. CONSUMER RIGHTS
33.1
Nothing in these Terms removes or restricts statutory rights available to Consumers.
33.2
Where a Consumer has a statutory right to cancel a distance or off-premises contract, that right will take priority over the cancellation provisions in these Terms.
33.3
Where a Consumer asks Media25 to begin Services during a statutory cancellation period, the Consumer may be required to pay a proportionate amount for Services supplied before cancellation where permitted by law.
33.4
Where a Consumer expressly requests the full performance of a Service during a statutory cancellation period and acknowledges that the cancellation right will be lost once the Service is fully performed, the right may end when performance is completed, to the extent permitted by law.
33.5
Certain Services connected with a specified date or period may be excluded from statutory cooling-off rights where the law provides such an exclusion.
34. COMPLAINTS
34.1
A Customer who believes that there is a problem with the Services should notify Media25 as soon as reasonably possible.
34.2
The Customer should provide:
-
a clear description of the issue;
-
relevant photographs or files where appropriate;
-
the outcome sought;
-
and a reasonable opportunity for Media25 to investigate and respond.
34.3
Where Media25 has not performed the Services with reasonable care and skill, Media25 will consider an appropriate remedy, which may include:
-
correction;
-
repeat performance;
-
a reasonable price reduction;
-
or a refund for the affected part of the Services.
35. NOTICES AND COMMUNICATION
35.1
Notices, approvals and important instructions should be sent by email or another written method agreed between the parties.
35.2
The Customer is responsible for providing current and accurate contact information.
35.3
Approval by email or written electronic message is binding where it clearly confirms a decision, amendment or instruction.
35.4
The Customer should retain copies of quotations, invoices, approvals and Booking communications.
36. GENERAL PROVISIONS
36.1 Entire agreement
The contract contains the entire agreement relating to the Booking and replaces previous discussions or representations not included in the written agreement.
This does not exclude liability for fraud.
36.2 No waiver
A failure or delay in enforcing a right does not waive that right.
36.3 Severability
If any provision is found invalid or unenforceable, the remaining provisions will continue in effect.
36.4 Assignment
The Customer may not transfer the contract without Media25’s written consent.
Media25 may use subcontractors, provided this does not reduce the Customer’s legal rights.
36.5 Third-party rights
Except where these Terms expressly protect Media25 personnel, no person who is not a party to the contract may enforce it under the Contracts (Rights of Third Parties) Act 1999.
36.6 Headings
Headings are included for convenience and do not affect the interpretation of these Terms.
36.7 Updates
The Terms applying to a Booking are those made available when the Booking is confirmed.
A later update will not retrospectively alter a confirmed Booking unless both parties agree.
37. GOVERNING LAW AND JURISDICTION
37.1
These Terms and any dispute or claim arising from them are governed by the law of England and Wales.
37.2
The courts of England and Wales will have jurisdiction, subject to any mandatory jurisdiction or rights available to a Consumer.
38. ACCEPTANCE
By confirming a Booking, paying a booking fee or invoice, instructing Media25 to begin work, or using the Studio, Equipment or Services, the Customer confirms that they:
-
have been given an opportunity to read these Terms;
-
understand them;
-
agree to be bound by them;
-
and have authority to accept them on behalf of the Customer and those attending under the Booking.
Media25 Studio is a trading name of Tim Nathan, sole trader.
Tim Nathan trading as Media25 Studio
Unit 1 Mercatoria Business Centre
Norman Road
St Leonards-on-Sea
East Sussex TN38 0EJ
Email: creative@media25.org
Telephone: 07889 181130
Website: media25.org