THE FRENCH FIX
General Terms and Conditions of Sale
Under these conditions, The French Fix S.A.S is referred to as “the Company”. “Client” means the
person, firm, company or other body contracting with the Company.
1. Applicability of Terms:
The Company provides services solely on the basis of these terms and will form part of any contract
between a Client and the Company, unless otherwise expressly agreed to in writing by a director of
the Company acting on its behalf.
The client will provide a complete written specification in which all project requirements must be
clearly detailed to The French Fix S.A.S.
An official quotation will be provided in accordance with the specifications, which both parties will
sign on before the start of the work and subject only to a series of minor changes to the file
thereafter.
Major changes to a project, not agreed upon prior to the commencement of work, must be subject
to an additional written agreement, including any major changes to the nature of the project, the
scope of work, or any significant changes to the filming schedule, whether in duration or location.
In this case, a revision of the contract and budget will be issued to the Client to take into account
the additional work before any changes. The Client agrees and acknowledges that the resulting
major change may result in an increase in the fees charged by the Company to the Client.
Correspondence by e-mail will be sufficient to prove changes to the agreements on the form and
content of the production and/or any schedule and shooting plans that the Company has been
commissioned to carry out and implement on behalf of the Client.
1.a) Time limits
Any contract obliging The French Fix S.A.S. to work within specific timeframes set out in the written
agreement shall be deemed to include a clause stating that customers will make themselves
reasonably available to communicate with The French Fix S.A.S., its servants or agents, as
necessary.
The French Fix S.A.S. Standard office hours are 9:00 a.m. to 5:00 p.m. Monday through Friday,
unless otherwise specified, or must be changed by special agreement with the client to account for
time difference with the client’s location or specific access such as weekends or holidays or nights
at filming locations. The requirement to work on a public holiday or night will impose an additional
fee in accordance with the audiovisual collective agreement in force.
1.b) Confidentiality
1Any confidential or proprietary information acquired by The French Fix S.A.S. from a client
company, person or entity will not be used or disclosed to any person or entity, except as required
by law. If necessary, The French Fix S.A.S. will sign and abide by the terms of any confidentiality
agreement used by the customer.
La Société s’engage à ne pas diffuser dans le domaine public les supports créés au cours d’un
projet avec le Client, tant que le travail n’est pas terminé et en concertation avec le Client.
2. Scope of the company’s liability:
The Company’s liability is limited to providing consultancy services for the production and
production of audiovisual works. In particular, unless otherwise agreed in writing by a director of
the Company acting on its behalf, the Company’s liability does not extend to any matter normally
within the competence of a director or producer of any film, television programme, advertisement,
music video or other audiovisual project produced by its clients.
3. Formation of the contract:
The Company reserves the right to cancel any contract, whether or not related services have been
provided by the Company in the event that the Company, in its sole discretion, considers that a
Client’s material is or may be offensive or obscene or that copying or other reproduction thereof
may infringe the rights of a third party or be otherwise illegal.
All services offered by the Company are subject to these Terms and Conditions, and no servant or
agent of the Company has the right to modify these Terms and Conditions orally or otherwise or to
make any warranties and/or representations on behalf of the Company other than as expressly
stated herein.
These Terms and Conditions of Sale shall be incorporated into any contract between the Company
and the Client to the exclusion of any commercial terms and conditions of the Client. Any
transaction with the Company after receipt of a copy of these Terms and Conditions will be
deemed as acceptance by the Client of these Terms and Conditions.
4. Payment:
Subject to the other provisions contained in this Condition, the Client shall, unless otherwise
expressly agreed in writing by the Company, pay for the services provided to it by the Company at
the agreed rates. The payment structure is detailed below.
50% Payment of the fee is required before the start of filming.
50% 7 days after wrap (7 days from the last day of shooting).
All final payment must be made within 30 days of receipt of the invoice. Otherwise, all outstanding
benefits will be terminated and the sums due will give rise to the right to interest after the payment
period.
In the event of non-payment by the Client, the Company shall be entitled, without prejudice to any
other right or remedy, to suspend any further service under any contract or arrangements between
the Company and the Client without.
In the event of late payment (or non-payment), the Company is entitled, at its sole discretion, to
charge interest on any unpaid amount: Late payment penalties: three times the current statutory
annual interest rate calculated from the due date until full payment of the price.
2Flat-rate compensation for recovery costs in the event of late payment: €40
4a: Cancellation of engagement:
Any development or pre-production work related to a cancelled shoot remains due. Any final
reservation of on-site presence cancelled with less than 24 hours’ notice remains due. This does
not apply to deferrals where the mission or fee due is deferred to the new date.
Any Service performed for the Client must be subject to a signed Order Form or equivalent written
authorization, in particular works that require the Company to pay an initial fee to a third-party
supplier.
Any third-party suppliers organized by the Company remain under the contractual responsibility of
the Client. For example, any third-party supplier contracted by the Company on behalf of the
Client to provide production-related services such as, but not limited to, repairers, production
personnel or car rental companies that are recommended to the Client by the Company and
approved by the Client shall be contracted directly with the Client, and the Company shall not be
liable for any such breach of contract that may be made between the third-party provider and the
Customer.
5. Limitation of Liability:
The Company shall not be liable for any loss or damage to any property that the Client chooses as
the final filming location.
The Company shall not be liable for any breach of contract between a third party supplier and the
Client, whether or not recommended by the Company. To the extent possible, the Company will
endeavour to assist the Client in the event of a problem, but the Client shall not hold the Company
liable in any way for any damage, accident, injury, death or loss, whether physical or financial of any
kind, occurring on site.
The Company is not responsible for any loss, injury, accident or other damage resulting from any
supplier whose contact we have forwarded to the Client.
Risk assessments for the production, such as the location of filming, including, but not limited to,
the health and safety of the crew, and any member involved in the production work on location,
remain the responsibility of the Client. The Company will provide a private evaluation of a location
to the Client to determine if it meets its filming criteria. This should in no way be considered or
used as a risk assessment or a formal health and safety assessment of a site’s suitability. Any health
and safety assessments are the responsibility of the guest to be completed upon arrival at the
venue.
The Company is not responsible and will be held harmless for any accident or injury that may
occur on set. The client must take full responsibility for ensuring that health and safety precautions
and obligations are complied with, as required by law at a given location and must possess and be
able to justify the possession of adequate production insurance for the production on which the
client is energizing The French Fix S.A.S
The Company shall not be liable in any way for any loss of profit or other indirect loss suffered by
the Client as a result of work undertaken by the Company.
3The Client shall indemnify the Company against all claims, proceedings, actions and costs relating
to such loss, damage or injury, howsoever caused, wherever it may be.
If the Company is unable to provide the Client with any of the services agreed upon by the
Company due to circumstances beyond its control, the Company shall not be liable for any loss
incurred or any sum payable by the Client as a result.
6. Indemnities by the Client:
The Client shall fully indemnify the Company against all actions, proceedings, claims, demands,
damages, fees, costs, losses and expenses or other liabilities made against or incurred or suffered
by the Company in respect of:
Any breach by the Client of any of these terms.
Any breach by the Company or its contractual obligations with the Client or any negligent act or
omission of the Company resulting in loss, damage or injury to the Client, its agents,
subcontractors or employees, or any costs or expenses payable by the Client, its agents,
subcontractors or employees.
7. Assurance :
The Company’s presence on site requires that the Client has taken out correct insurance for third
parties, as well as for himself.
It is the responsibility of the client to have adequate insurance and risk assessments to cover the
work commissioned by the client on site, with respect to local health and safety. Health precautions
and risk assessments should be carried out by the client to determine if it is safe to travel to a given
location and the client should take independent advice on appropriate precautions and
vaccinations at the filming locations.
8. General:
If any provision of this Agreement is found by a court to be void or unenforceable, this shall not in
any way affect any other provision of this Agreement or the validity or enforceability of this
Agreement, and the remaining provisions of this Agreement shall remain valid and binding
between the parties.
The parties agree and confirm that it is not their intention that any third party should have the right
to enforce any provision of this Agreement that may confer a benefit on such third party, whether
such right arises under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9. Media & Marketing:
Unless otherwise notified to the Company in writing, the Client shall authorize the Company to use
all finished projects for its own public relations and marketing purposes after the date of first
transmission to the public in all media, now known or in the future, including the use of social
media for marketing purposes, in all territories, worldwide and in perpetuity. The Company will
not use content created or provided by the Client for commercial purposes unless expressly
agreed to in writing. The Company will receive a credit in the end credits of the film or programme
and the Client will provide the Company with social media marketing assets or extracts of the films
to use in its marketing.
410. Copyright:
10 a) Unless otherwise specified in the Order Form, Customer retains copyright in all of its original
material. Original material includes video recordings, graphics, soundtracks, printed materials, and
any other designs or illustrations provided to the customer in connection with the order. The
content created by the Company as part of the above-mentioned project must pass to the client
once the project is completed and all outstanding invoices have been settled.
10b) The Client shall ensure that permission is sought for the inclusion of any copyrighted material
which it provides to the Company to enable it to provide the product(s) or service(s). The Client
must also ensure that permission is sought for the inclusion of any performer or performance,
trademark and venue. The Company reserves the right to use this material in its original, edited
form for promotional and marketing purposes, unless otherwise agreed in the Order Form. The
Client agrees to indemnify the Company in the event of copyright infringement against the
Company in relation to the material provided by the Client.
11. Data protection:
The Client shall ensure that all necessary arrangements have been made and permissions obtained
from persons and places which may be recorded on video as a result of the Company’s provision
of the product(s) or service(s) – and that such recording is in compliance with Data Protection.
12. Law:
This Agreement shall be construed in accordance with French law and the parties shall submit to
the jurisdiction of the French courts.
13: Policy on Anti-Bribery Laws:
Each party acknowledges that it knows, understands, and has complied with and will comply with
all applicable U.S., U.K., French, and foreign anti-bribery laws, including, without limitation, the U.S.
Foreign Corrupt Practices Act of 1977 and the U.K. Bribery Act of 2010, and likewise applicable
anti-bribery and anti-bribery laws (“Anti-Bribery Laws”). Each party agrees that no one acting on its
behalf shall give, offer, accept or promise to give, or permit the gift, directly or indirectly, of money
or other thing of value, including travel, entertainment or gifts, to anyone as an unlawful
inducement or reward for a favorable action or refraining from action or the exercise of unlawful
influence (a) to any government official or employee (including employees of the public or
government-controlled corporations or agencies or public international organizations), (b) to any
political party, political party official or candidate, (c) to an intermediary for payment of any of the
foregoing, or (d) to any other person or entity in a corrupt or abusive effort to obtain or retain a
contract or any commercial advantage, such as obtaining a permit or licence, or directing business
to an individual. Payments, provisions, bribes, influence payments, or other unlawful dispositions to
any person are prohibited under this Agreement.
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