Graduoke Terms & Conditions

the small print…

Please read carefully and print/keep a copy for future reference.

TERMS AND CONDITIONS

• The following Terms and Conditions apply to all bookings with the Company TDH Media Ltd (Registered in England No.4061835).
• The placing of The Client(s)’ order indicates their acceptance of these Terms and Conditions.
• To make a booking with TDH Media, you must be aged at least 18.
• The availability of your chosen date must be confirmed by TDH Media before booking.
• Song choice must be agreed with TDH Media in order to assure clean, appropriate lyrics and content for children.
• TDH Media reserves the right to refuse at its own discretion any booking.
• These Terms and Conditions cannot be varied in any way by The Client(s) unless such conditions are expressly agreed with, and confirmed in writing, by TDH Media in advance.
• These Terms and Conditions do not affect statutory rights.

DEFINITIONS

• In these Terms and Conditions, ‘TDH Media’ shall mean the Registered Company TDH Media Ltd (Registered in England No.4061835) and any person who has been hired by TDH Media to work in any capacity on the Commission by The Client(s).
• ‘The Client(s)’ shall be that/those person(s) defined as the school named on the Booking Form, and the expression ‘The Client(s)’ shall where the context so admits include its respective assignees, sub-licensees and successors in title, otherwise described here as the ‘Designated Authority’.
• The ‘Commission’ shall mean the booking of TDH Media by The Client(s) to perform Graduoke® videography and editing services in consideration of the Fee.
• The ‘Fee’ shall mean the Fee for completion of the Commission by TDH Media.
• ‘Copyright’ means the ownership of and rights to the Final Materials.
• ‘Final Materials’ means the video images collected, edited, produced and presented by TDH Media for the purpose of the Commission by The Client(s), and presented in the manner and quantity agreed at the time of booking.

PRICES

All standard Commissions and additional goods specified on the booking form or on the TDH Media website are supplied at the prices ruling on the date of booking. Goods not specified at time of original booking are supplied at the prices ruling at the time of receipt of the additional order.

• £15 per pupil.

 COVERAGE

TDH Media shall endeavour to film all individuals equally, but no responsibility will be taken by TDH Media on the occasion of leaving out any person, object or scene.

CONFIDENTIALITY
Each party will keep confidential and will not disclose to any third parties or make use of information or material communicated to it in confidence for the purposes of the Commission, save as may be reasonably necessary to enable TDH Media to carry out its obligations in relation to the Commission.

PERSONAL ACCIDENT

Any directions issued to The Client(s), their guests or employees during a Commission are deemed to be at said persons’ own risk. TDH Media cannot be held responsible for any personal accidents during a Commission.

INDEMNITY
TDH Media is covered by the following insurance policies:

• Professional Indemnity = up to £1,000,000.00
• Public and Products liability = up to £5,000,000.00
• Employers’ liability Insurance = up to £10,000,000.00

PAYMENT

• No deposit payment is required so secure a Graduoke® booking with TDH Media.
• The final number of participating children must be confirmed with TDH Media no later than TWO WEEKS before the date of the Graduoke®.
• Full payment of the Fee must be made no later than ONE WEEK before the date of the Commission and denotes acceptance of these Terms and Conditions.
• The Client(s) will be sent an invoice and a PayPal payment link to follow upon final confirmation of number of participating children. No other form of payment will be accepted.
• The failure by The Client(s) to make full payment no later than one week before the date of the Graduoke® without prior written agreement by TDH Media will result in the cancellation of The Client(s)’ Commission.
• Additional goods ordered must be paid for in full at the time of ordering.
• Titles to all goods remain with TDH Media until paid for in full by The Client(s).
• All orders will only be processed once authorisation of The Client(s) payment has been properly received.

PARTICIPATION
Every child must have been given prior, written, consent to participate in a TDH Media Graduoke® by their parent/carer with signed completion of the Parents’ Permission letter provided within the TDH Media Graduoke® Pack and distributed by the Designated Authority of The Client(s) (parent, PTA, Headteacher, etc.).

• TDH Media will check numbers of participating children/permission slips upon arrival at the school.
• No child will be allowed to participate without BOTH advance payment AND permission.
• To comply with the General Data Protection Regulations, permission slips will be returned to the Designated Authority immediately after TDH Media staff verification.
• There will be no opportunity of inclusion in the Graduoke® for any child who is unable to attend school for any reason on the day of filming. In some instances, a refund might be issued to them at the discretion of TDH Media.
• TDH Media is unable to return to school at any time to reshoot part or all of the Graduoke® for any reason after the date of the Booking.

EXPENSES
Where extra expenses are incurred by TDH Media as a result of alterations to the original brief for the Commission by The Client(s), or otherwise at its request, The Client(s) shall be liable to pay such extra expenses or fees as having been agreed or estimated.

DELIVERY

• TDH Media shall endeavour to ensure digital delivery of final edit within the agreed time period.
• Time for delivery shall not be the essence of the contract.
• TDH Media shall not in any circumstances be liable to The Client(s) for any loss, whether direct or indirect, or for loss of profit occasioned by late delivery or on any other grounds whatsoever.
• The designated authority (parent/PTA/Headteacher, etc.) must give approval of ALL materials upon delivery of initial approval versions, unless given prior permission for an extension by TDH Media.
• Once approval has been given by the Designated Authority to TDH Media, no changes can be made.

OWNERSHIP AND DISPLAY OF MATERIALS

• Upon completion of the Commission, and successful Delivery of Final Materials to The Client(s), TDH Media will hand over the entire Copyright of those Final Materials to The Client(s).
• All digital negatives (computer files) used during any Commission by TDH Media remain the property of TDH Media. On occasion, TDH Media may supply a copy of the unedited digital files to The Client(s) for their own non-commercial use.
• Unless otherwise specified, the Client(s) hereby give(s) permission for TDH Media to display any materials covered by their Commission, at any time in any part of the world, for general business promotion in advertising, brochures, magazines, websites, literature and samples.

CANCELLATION AND POSTPONEMENT
If The Client(s) should have to Cancel a Commission, the following cancellation fees will become due immediately upon said cancellation:

• Cancellation more than one month before the Commission – no fee. 
• Cancellation less than two weeks before the Commission – a full refund of any payment(s) made by the Client(s) minus an administration fee of £50.
• Cancellation less than one week before the Commission – Full price of the Graduoke® with no refund. 

If The Client(s) should have to Postpone a Commission, or change the date of their Graduoke®, TDH Media shall endeavor to assist with an alternative date chosen by the Client(s), but cannot guarantee that this will be possible.

FORCE MAJEURE
TDH Media shall not be liable for any failure in the performance of any of its obligations caused by factors beyond its reasonable control.

• TDH Media will endeavour to provide The Client(s) with alternative, equivalent staff in the event that TDH Media is unable to attend the Commission due to any cause beyond its reasonable control, e.g. sudden illness, injury, victim of crime, flooding, etc.
• In the event of cancellation by TDH Media due to Force Majeure, or in the extremely unlikely event of total equipment failure, liability shall be limited to a full refund of any fees paid.

WAIVER
Neither demand for nor acceptance of payment made under these Terms and Conditions nor failure by TDH Media to enforce any Terms & Conditions at any time or for any period will release or exonerate or in any way affect the liability of The Client(s) or be a waiver of these Terms and Conditions.