SERVICES ARE PROVIDED UNDER THE FOLLOWING TERMS AND CONDITIONS:
OWNERSHIP OF RECORDED MATERIAL
The recorded Master Tapes (Raw Footage), Video Files, Audio Files and Edited Video Files, including all copyrights will remain the property of Gerry Burke TV until full payment is made for commissioned works.
For unpaid commissioned works or in the event that a final agreed payment is not made, Gerry Burke TV reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
The copyright for all and any music and lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Gerry Burke TV will remain the property of the author or legal entity owning the copyright.
SPECIAL PROVISION FOR OWNERSHIP OF RECORDED MATERIALS
Gerry Burke TV reserves the right to suspend, interrupt or terminate the recording of any commissioned event, in favour of recording any anomalous or newsworthy event that may occur, before, during or coinciding with the recording of any commissioned event. The copyright of such recordings will belong to Gerry Burke TV. Gerry Burke TV reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal. Gerry Burke TV cannot be held Liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
Gerry Burke TV reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in Post Production . The copyright of such recordings will belong to Gerry Burke TV.
Gerry Burke TV reserves the right to use five (5) minutes of edited or unedited video from all productions or commissioned works for promotional or commercial purposes. The copyright for the segments will belong to Gerry Burke TV exclusively. The segments will be used on this website, sent to clients on a sample DVD or Blu-ray disc, or sold .
DISPOSAL OF RECORDED MATERIALS
Master Tapes (Raw Footage), Video Files , Audio Files & Edited Video Files will be retained for up to two (2) months only from the date of delivery and will then be disposed of, deleted or erased . If at the end of two (2) months commissioned works have not been purchased, Gerry Burke TV reserves the right to dispose of all tapes, video and audio files, recorded materials and finished works.
ILLNESS OR FAILURE OF EQUIPMENT
Whilst all reasonable care and preparation is taken for video recording and editing, Gerry Burke TV shall not be liable for any compensation except for the return of the original deposit, should a failure occur for all or any of the electronic equipment used or due to illness of the operator or person(s) employed by Gerry Burke TV or because of an unforeseen event or by any dispute regarding the ownership of recorded materials. Gerry Burke TV shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to Gerry Burke TV, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available .
RESOURCES SUPPLIED FOR POST PRODUCTION
Whilst every care will be taken with photographs or other materials supplied by the client, no responsibility is accepted for loss or damage caused by circumstances beyond the control of Gerry Burke
TV
In order to maintain strict deadlines, any resources to be supplied by clients to be used in postproduction must be submitted by the client prior to the event date.
RIGHT OF REFUSAL OR TERMINATION
Gerry Burke TV reserves the right to terminate the recording of any event, where the circumstances change such that the video operators, or any person(s) employed by Gerry Burke TV is placed in actual or apparent danger or that there is a possibility that all or any of the equipment used may be damaged.
Should this situation occur, the 'booking deposit' is non-refundable. Gerry Burke TV also reserves the right to seek compensation for any damage to property or equipment.
Gerry Burke TV reserves the right to refuse service to any clients with an improper attitude.
VENUE LOCATION FEES & PERMISSIONS
It is the responsibility of the client to meet any fees or to ensure that permission is sought and obtained at all venues and locations for the video recording of events.
SECURING AN EVENT DATE
A 60% 'booking deposit' is required to secure a project. The balance of the payment is required in the form of cash, cheque or direct deposit within 30 days of receipt of the finished product, DVD(s), Edited or Raw Video Files. The 'booking deposit' is refundable if notice of cancellation is given three (3) weeks prior to the first scheduled shoot/edit session.
ARTISTIC LICENSE
The client acknowledges and accepts that editing an event and the production of finished materials (i.e. printed DVD disks and covers) may include elements of artistic expression and interpretation. Gerry Burke TV reserves the right to use 'Artistic License' in any commissioned works that require editing or the production of printed materials. The client acknowledges that some changes may not be possible.
CHANGES TO THE TERMS & CONDITIONS AND OTHER INFORMATION PROVIDED AND COMPANY STATUS
Gerry Burke TV reserves the right to change or amend the terms and conditions, or any of the information provided on the Gerry Burke TV website at any time and without prior notice. We are registered in Scotland under registration number SC596786 and our registered office is: 29 Commercial Street, Dundee, DD1 3DG.