Emma Wheeler Voice Overs Terms and Conditions
These are the terms and conditions that Emma Wheeler Voice Overs provides as professional voiceover service to hirers.
- Under these terms and conditions, Emma Wheeler Voice Overs is described as the ‘Supplier’.
- The producer, intermediary or client who solicits or purchases professional voiceover services provided by Emma Wheeler Voice Overs is described as the ‘Buyer’.
- The ‘Deliverable(s)’ means the professional voiceover/audio services provided by the Supplier to the Buyer.
- The ‘Product’ or ‘Project’ is the final piece the Buyer is creating which will contain the Supplier’s Deliverables.
Terms of Business
Values and Obligations
- The Supplier promises to perform her services with all due skill, diligence and care in accordance with prevailing best industry practices.
- The Supplier shall perform the script or copy exactly as provided by the Buyer.
- The Buyer asserts that they are in a position to book the Supplier and understand and agree to all of the terms and conditions described below.
Limits of Use and Licensing
- The Buyer agrees that the Supplier’s Deliverables are licensed for use only for the purpose(s) and period(s) agreed in the contract with the Buyer prior to the commencement of the recording session and only for the same purpose(s) and period(s) re-stated on the Supplier’s invoice(s).
- The Buyer agrees that they must inform the Supplier to secure a new contract, if the Buyer wishes to extend the use of the Deliverables beyond the terms already agreed, at which point relevant fees will apply to the Buyer.
- The Buyer agrees that any use(s) of the Deliverables beyond the use(s) agreed under the contract represents a breach of contract and a breach of the Supplier’s statutory performers’ rights.
- If either all or part of the Deliverables are used to produce a new or different campaign, commercial, cut-down, tag, edit or any other project, the Buyer must inform the Supplier so that additional fees can be negotiated.
- If the Buyer does not wish to relicense a recording or recordings under a new contract, or if the Buyer allows the contract to expire, the Buyer agrees to remove such unlicensed recording(s) from public access and to delete them.
- The Buyer agrees that failure to notify the Supplier about the extended use of any Deliverables outside of the contract, whether wilful or accidental, represents a breach of contract and a breach of the Supplier’s statutory performers’ rights and will result in the Supplier contacting the Buyer and additional fees, or may result in a court claim.
- The Buyer agrees that the Supplier reserves the right to charge relevant fees for any unlicensed use of the Deliverables.
- Once the Project has begun transmission on any media platform, the Supplier shall have the right to use the commercial, video or recording Project (and any images or audio clips taken therefrom) on their own voice-reel, website and/or Agent’s website for promotional purposes only in perpetuity.
- The Buyer agrees that any custom demo/audition recordings are provided by the Supplier free of charge and in good faith and that the Buyer will use them for private demonstration and listening purposes only.
- The Buyer agrees that any unlicensed, unauthorised use of the Supplier’s custom demos constitutes a breach of the Supplier’s performers’ rights and will result in relevant fees or may result in a court claim.
Recording Session(s) & Amendments
- The Buyer agrees that all scripts are considered final when the Buyer consents to the contract.
- The Buyer agrees that changes to a final script(s) made after the recording session are chargeable at the Supplier’s hourly rate (BSF).
- The Supplier agrees to re-record, at no further cost to the Buyer, any recording or editing mistakes made by her.
Payment and Fees
- The Buyer agrees to pay the contractor in full within 30 calendar day from the date of the Supplier’s invoice.Late payments will incur penalty charges of 8.5% of the total fee in line with the UK Government’s Better Payment Practice Code.
- The Buyer agrees that total failure to pay for the Supplier’s Deliverables represents a breach of contract and a breach of the Supplier’s performers’ rights – and will result in a court claim
Cancellation of the Contract or Recording Session
- If the Buyer cancels the Recording session less than 24 hours before it is due to begin, the Buyer agrees to pay the Supplier the basic session/studio fee (BSF) for the number of hours booked plus any pre-paid travel costs e.g. rail travel or parking reservations.
- If the Buyer cancels the usage element of the contract after recording session has taken place, the Buyer agrees to pay the contractor the basic studio/session fee (BSF) for the number of hours worked, plus any pre-paid travel costs e.g. rail travel or parking reservations.
Rights and Intellectual property
- All recordings of the Supplier’s voice are, and always will be, the intellectual property of the Supplier themselves under English Law (including all performers’ property rights under Part II of the Copyright, Designs and Patents Act 1988 (“CDPA”)), and will be subject to licensing terms set out in Clause 2.
- This agreement is governed by the laws of England and Wales. The Suppler and Buyer agree that any dispute(s) arising out of it will be heard in a court of England and Wales.
- The terms and conditions outlined here may change from time to time. Any changes will be expressed here in writing and will be dated.
- The Supplier asserts that she retains all copyright in relation to these terms of business and further asserts that, except for Buyers entering into an agreement with the Supplier, they may not be reproduced, republished or repurposed in any manner without written consent from the owner of the website: www.emmawheelervoices.co.uk