Terms & Conditions
These are the Terms and Conditions which apply to working with Bethany Jane of Bethany Jane, Voice Over Artist.
These Terms and Conditions, together with any quotation, invoice, booking confirmation or written correspondence relating to the Project, constitute the entire agreement between The Artist and The Client and supersede any prior discussions, representations or agreements.
For the purpose of these Terms and Conditions:
-The expression 'The Artist' refers to Bethany Jane and 'The Client', the person commissioning The Artist.
-The 'Deliverable(s)' means the professional voiceover / audio services provided by The Artist.
-The 'Project' refers to the final piece created by The Client which will contain The Artist's Deliverables.
Terms of Business
Values and Obligations
-The Artist agrees to perform the script/copy exactly as provided by The Client making every effort to perform her services with all due care, skill and precision in line with best industry practices.
-The Client asserts that they are able to engage The Artist's services and agrees to the terms and conditions laid out below.
Bespoke Demos and Auditions
-Auditions and bespoke demos are provided by The Artist free of charge. The Client agrees that these recordings will be used solely for appraisal and review by those directly involved in the talent selection or proof listening process.
-The Client agrees that all unlicensed and unauthorised use of The Artists bespoke demos constitutes a breach of The Artist's performer's rights and will incur additional fees and/or legal action.
Licensing and Limits of Use.
-The Client agrees that the Deliverables provided by The Artist are licensed for use only for the specified geographical region, length of time and use(s) set out in writing and agreed with The Client before commencement of the recording. These licensing terms will be further stated in the The Artist's invoice.
-Should The Client wish to extend or amend the use(s) of the Deliverables, they must inform The Artist, so that a new agreement may be put in place stating new fees that the Client must pay to The Artist.
-Any use of the Deliverables other than as agreed in the original agreement will constitute a breach of contract.
-The Artist reserves the right to charge relevant fees for any unlicensed use of the Deliverables.
-The Client must inform The Artist should they wish to produce new or different content using all or part of the original Deliverables. This includes but is not limited to cut-downs, edits, tags, commercial, campaign or any other project. Once informed, The Artist will discuss additional fees, which The Client agrees to pay.
-If The Client fails (accidentally or deliberately) to inform The Artist about use of any Deliverables beyond the original agreement, this will constitute a breach of contract and a breach of The Artist's statutory performer's rights and will result in The Client paying additional fees, or The Artist undertaking legal action.
-The Client agrees to delete and remove from the public domain any unlicensed recording(s), in the event that the Client does not wish to relicense under a new contract or allows the original licensing agreement to expire.
-The Artist has the right to use the Project in part or in whole for promotional / marketing purposes in perpetuity once the Project has started transmission on any media platform. Should The Client require the final Project to remain confidential, it is The Client's responsibility to inform The Artist.
Marketing and Promotion
-The Client agrees to provide The Artist with the final version of the completed Project for use in marketing and promotional material in support of the Artist's services.
Quotations
- When requesting a quotation, The Client agrees to make The Artist aware of any additional requirements that may add to the time or complexity of the job. This may include the splitting of files into multiples batches, specific naming conventions or audio formats other than .wav, AIFF or MP3. The Client will also notify The Artist of any time syncs, specific editing or post production requirements needed. Additional fees may apply depending on the complexities required.
- Quotations are valid for one month unless otherwise stated.
Recording Sessions / Amendments / Retakes
-All scripts are considered final at the time of recording.
-The Client agrees to clarify any unusual pronunciations, names or technical terminology over the telephone, during a live directed session or phonetically within the script itself before recording commences.
-RETAKES - In the event of any recording or editing mistakes made by The Artist, she agrees to re-record at no extra cost to The Client. Any errors by The Artist with regards to pronunciation will be corrected free of charge.
-REVISIONS - In the event of:
(1) Any changes to the accepted final script or (2) Any changes relating to the agreed brief, pace and/or interpretation, after the initial recording has been completed and where a new recording is requested; The Client agrees to pay charges at The Artist's hourly rate (BSF).
(2) For smaller pickups, an additional fee may be negotiated directly with The Artist on a per-pickup basis to reasonably compensate for the time and coordination involved.
- Unless otherwise notified within 7 calendar days of delivery, the Deliverables shall be deemed accepted by The Client.
Cancellation of Agreement / Recording Session
-If The Client cancels the agreement or recording session less than 24 hours before it is due to begin, The Client agrees to pay The Artist's hourly rate (BSF) for the number of hours booked.
-If The Client cancels 'the usage' element of the agreement after the recording session has taken place, The Client agrees to pay The Artist's hourly rate (BSF) for the number of hours booked.
Payment Terms
-The Client agrees to pay The Artist within 30 calendar days, in full, from the date of The Artist's invoice.
- All fees are exclusive of VAT where applicable.
-If The Client requires a bespoke invoice to be submitted in a different template or style to that of The Artist, a £10 admin fee may be incurred.
-Foreign currency transactions may be subject to a small admin fee.
-The Artist reserves the right to charge a Late Payment Fee if payment is not received within 30 calendar days, from the date of The Artist's invoice. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998 the right is reserved to charge interest of 8.5% of the total fee.
-Failure to pay for The Artist's Deliverables, in whole or part constitutes a breach of contract and will result in legal action.
- Where payment remains outstanding beyond the agreed payment terms, all licences granted to The Client are automatically suspended until payment is made in full
Copyright
- All intellectual property rights and performer’s rights in the Deliverables remain vested in The Artist. The Client receives only the limited licence expressly granted under these Terms and Conditions. Their use is subject to licensing terms set out in a written agreement between The Artist and
The Client or clauses under the 'Licensing and Limits of Use' section above.
-If The Artist is provided with music to incorporate in the recording, it is The Client's responsibility to obtain the relevant licenses and permissions to use the audio. The Artist will not be liable for the payment of any royalty fees or broadcast licenses.
- The Client warrants that any scripts, music, materials or instructions supplied do not infringe third-party rights or violate applicable law. The Client agrees to indemnify and hold harmless The Artist against any claims, damages, liabilities or costs arising from such materials.
Privacy
-The Client agrees to The Artist's Privacy Policy, with reference to GDPR and storage of The Client's data for genuine business usage.
Force Majeure
-Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from circumstances or events outside of its reasonable control. This includes, but is not limited to acts of God, strikes, accidents, war, illness, fire, breakdown of plant or machinery or power cuts, and the party shall be entitled to a reasonable extension of its obligations.
AI, Digitisation, synthetisation and performance cloning
-The Artist [Bethany Jane] does not consent to their performance, voices and likeness being recorded, used and reproduced for the purposes of digitisation, synthetisation or performance cloning with digital technologies, machine learning systems or equivalent means present and future.
-The Artist [Bethany Jane] does not consent to the processing of their intellectual property and associated rights or personal data for data mining, data synthetisation, digital cloning, training of machine learning systems or equivalent present and future technology for any purpose or in any context.
- Any breach of this clause shall constitute a material breach of contract and infringement of The Artist’s intellectual property and performer’s rights.
Governing law and jurisdiction