Business Terms and Conditions
In consideration of the freelance voiceover arrangement between the parties and the fees to be paid, and for other good and valuable consideration, the parties now agree as follows:
RECORDING SESSION:
- Artist will record the script given directly from the client in session or self-record depending on the agreement made in writing.
- The Artist shall provide the client with the full recording in the format requested within reasonable time.
- The artist shall re-record any errors made by the artist within the booked fee and allow for one round of pick-ups if they are not satisfactory to the client of how the client requested it to be done. If the client wishes to change the direction or voice style, then this must be agreed with the artist separately. A fee may be chargeable.
- If there are script changes made by the client, then an additional fee will be applied unless otherwise agreed by the artist to waiver this.
REPRODUCTION OF WORK:
Copyright in Voice
Artist gives right to Client to use Artist’s voice recordings only for the principals specified and period specified within the territory either stated via email, contract or other written communication. If not otherwise specified, usage is only for the period of 12 months after final recording and not for any purpose which will bring the artist into ill repute or otherwise detrimental to the Artist’s interests. Licence to use copyright shall not commence until Artist has received contractual payments in full.
- If requested by the artist, Posy Brewer, to take down any material voiced by her, this must be adhered to, as the owner to the copyright and IP of her voice.
- All samples and clips of Posy Brewer’s voice on this site and any other site may not be downloaded and used for any cloning or used for AI systems or other similar systems without written agreement. This is against the law and action will be taken.
- One time reproduction rights for the specified project, and period at the agreed fee, are granted to the client. Any other usage must be further negotiated. The client must contact the artist before the agreed end date to make them aware of further usage and payment agreed.
- Under EU Law – Article 13 ‘Directive on copyright in the digital single market’ applies. If additional usage to other platforms is required, then an additional fee will be paid by the client. Failure to do so will require the project in question to be removed from the stated platform which has not been paid for using with immediate effect.
- One time reproduction rights for the specified project, at the agreed fee, are granted to the client. Any other usage must be negotiated.
- The client assumes full reproduction and distribution rights upon payment for completed project.
- All reproduction rights on the copyrighted work are retained by the voice talent. The work may not be reproduced or reused in any form without consent from the voice talent.
- The Artist (voice talent) retains personal rights to use the completed project and any preliminary recordings for the purpose of voiceover competitions, future publications on voiceovers, educational purposes and the marketing of the voice talent’s business. Where applicable the client will be given any necessary credit for usage of the project elements.
- Copyright in all written and/or audible work created by the Artist remains the property of the Artist, unless the Client and Artist have agreed otherwise by way of written contract.
- The Client undertakes that they will notify the Artist if they shall assign, transfer or sell any Contract or benefit to which these Terms and Conditions apply.
- Copyright in Materials
Client indemnifies Artist against all costs, actions, proceedings or claims.
REJECTION/CANCELLATION OF PROJECT:
- The Client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the voiceover production schedule, the voice talent must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labour or expenses to date.
- If the project is cancelled within 24 hours of the confirmed booking a cancellation fee equivalent to the BSF (Basic Studio Fee) shall be still payable to the artist.
- All elements of the project must then be returned to the voice talent. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which [POSY BREWER] may become a party by reason of this contract.
COMPLETION/DELIVERY OF PROJECT:
- The estimated completion date of the project will be put in writing and completed within that time by the artist, unless agreed by both parties due to unforeseen circumstances.
- Any shipping or insurance costs will be assumed by the client.
- Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client.
- Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the voice talent, shall entitle the voice talent to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.
- The Artist will perform to the best of her ability and shall comply with all reasonable instructions from the client.
TERMS:
- Project will only be used for the intended purpose stated via email communication, contract or invoice. If used on non-agreed platforms, paid advertising (unless already agreed), over expected or excess views, impressions, or TVR’s then additional usage will be payable to the artist for that particular platform that it has been shown on without agreement or notified to the artist.
- Artist will not use any such materials, for any other period unless for marketing purposes or with permission of the Client or owner of copyright.
- Refunds will not be issued unless the artist has failed to comply with the initially specified requirements or has not delivered the recording in accordance with the specific requests.
- If terms are silent on any matter in dispute terms of Equity, will apply failing which Common Law.
- All samples and clips of Posy Brewer’s voice on this site and any other site may not be downloaded and used for any cloning or used for AI systems or other similar systems without written agreement. This is against the law and action will be taken.
For full Terms and Conditions please click here.
Amended 4th June 2024