Agog Vivid Terms of Business
Legal agreements can sometimes feel daunting, so this plain English guide will help you understand the key points without getting bogged down in legal jargon. It explains the important parts in a way that’s easy to digest, building confidence that our working relationship will be based on fairness and transparency.
Explanation of the agreement’s key points
If you want to know the practical benefits of our agreement for production, check out the bottom of the page for some examples; we’ve been working in the creative industries for a long time and paid our school fees.
Updated 22nd November 2024
1. Project Basics (Clauses 1, 2, 3 & 4)
The agreement starts by clearly defining all the important terms and how the project begins (Clause 1 – Interpretation, Clause 2 – Commencement and Application). This ensures we both understand what we’re committing to. We’ll provide the services outlined in the Quote (Clause 3 – The Services), and if you need anything extra, just let us know. We’re dedicated to delivering these services on time (Clause 4 – CSP’s Responsibilities). This sets us up for a smooth and successful project.
2. Working Together (Clause 5)
We appreciate your accurate information when working with us throughout the project (Clause 5 – Client’s Obligations). Your input is valuable, and we encourage open communication every step of the way. This helps us deliver the best possible results and meet your expectations.
3. Adapting to Change (Clause 6)
We understand that projects evolve. If any changes to the services are needed, we’ll discuss and agree on them in writing (Clause 6 – Changes to the Services). This helps us stay aligned and avoid surprises. We want to be flexible and adapt to your needs, but it’s important to have a clear process for managing changes so everything stays transparent.
4. Staying Organized (Clauses 5 & 6)
To keep things running smoothly, the Quote lists the people authorized to request changes or approve extra work (Clause 5 – Client’s Obligations). This helps avoid confusion and ensures that changes are properly approved and documented (Clause 6 – Changes to the Services). If someone else asks us to do something that might affect the project, we’ll politely ask them to check with one of the authorized people first. This keeps everyone in the loop.
5. Payments (Clause 7)
We clearly outline our fees in the Quote, so you’ll know exactly what to expect (Clause 7 – Fees and Payment). Any additional services will have separate fees, which we’ll agree on beforehand. Timely payments help us maintain a smooth workflow and focus on delivering the best possible services. We’re happy to discuss payment options and schedules that work for you.
6. Ownership of Work (Clause 8)
The agreement ensures we retain the rights to the creative work we produce for you, while you own the rights to any existing work you provide us (Clause 8 – Intellectual Property Rights). This ensures clarity on ownership and usage rights, protecting both our interests. We believe in transparency and fairness, so you can be confident that your ownership of existing materials is respected.
7. Keeping Things Confidential (Clauses 10 & 11)
We understand the importance of confidentiality and are committed to keeping your information secret and secure (Clause 10 – Data Protection, Clause 11 – Confidentiality). This includes information about your business, project details, and any personal data, which we’ll handle responsibly according to data protection laws.
8. Handling the Unexpected (Clauses 13, 14, 15 & 25)
We aim for a positive working relationship and open communication. If any issues arise, we’ll first try to resolve them through discussion (Clause 25 – Dispute Resolution Procedure). We also have clear procedures for dealing with unexpected events, like natural disasters or pandemics, that might affect our ability to fulfil our obligations (Clause 15 – Force Majeure). And if our agreement needs to be ended, we have a clear process for that (Clause 13 – Termination, Clause 14 – Obligations on Termination and Survival).
9. Legal Details (Clauses 12, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27 & 28)
The agreement also covers some standard legal details, like which laws govern the contract, how we manage notices sent between us, and other important legal considerations (Clause 12 – Limitation of Liability and Insurance, Clause 16 – Assignment and Other Dealings, Clause 17 – Variation, Clause 18 – Waiver, Clause 19 – Severance, Clause 20 – Entire Agreement, Clause 21 – Conflict and Precedence, Clause 22 – No Partnership or Agency, Clause 23 – Third-Party Rights, Clause 24 – Counterparts, Clause 26 – Notices, Clause 27 – Rights and Remedies, and Clause 28 – Governing Law).
These terms provide a clear framework for collaboration and risk management, ensuring a smooth and legally sound working relationship.
Can you get going quickly?
We know it’s rare to have everything nailed before needing to start, so we don’t need you to tick all the boxes and get wet signatures from busy people.
Our agreement lets you kick off via WhatsApp or verbally, and defaults to go rather than no go. You won’t be left thinking we’ve started only to find out later we’re doing something else because we’re waiting for a signature.
What about last minute changes?
We’re extremely experienced in responding to last-minute changes in direction.
Suppose the director decides they need the reverse angle or a wide and the effect area increases; we’ve likely discussed that with you and covered off that risk. Anticipating what might actually be required and packing for that is our usual practice.
We own over a million pounds of equipment so adding a little cover on the equipment side is generally not an issue, and unless it’s used, it’s not a cost either.
What about increased scope though?
We respond quickly and confidently on scope increases because from the very get-go, we ask you to set out a few people you want to be able to instruct us and we put that in the Quote.
We won’t increase the scope of the project without their permission. If somebody asks us to do something with a budget impact, we’ll politely point them to your approved persons, who can then send us a quick WhatsApp to say everything is fine, and go ahead.
What about support for other departments?
Given our crew’s skill set, qualifications and equipment we are regularly asked to support other departments that are up against it. Our respect for transparency means the measures for out-of-scope requests apply to cross-department requests too.
Let’s assume that the Art department needs some build help, but it will increase our budget; they’ll need to quickly explain to one of your approved persons who can ping us a message on WhatsApp to say yep, help them out, and we’ll mark it up as interdepartmental assistance.
You can be sure that your planned and expected department budgets are not quietly cross-funding each other, leaving you with a false impression of ongoing spending and a nightmare of misallocated billing to sort out at the project end.
CONTACT US
+44 (0)33 3344 8284
office@agogvivid.com
FIND US
Unit 10, Green Farm
Fritwell, Bicester
OX27 7QU
OFFICE
Tues – Thurs: 10am – 4pm
Friday: 10am – 2.30pm
WORKSHOP
Mon – Fri: 7am – 7am
LEGAL
FOLLOW US
CONTACT US
+44 (0)33 3344 8284
office@agogvivid.com
FIND US
Unit 10, Green Farm
Fritwell, Bicester
OX27 7QU
OFFICE
Tues – Thurs: 10am – 4pm
Friday: 10am – 2.30pm