Terms and Conditions

Nikhil Mistry asks its client to carefully read these Terms and Conditions as they are for both your protection as well as ours.

Copyright – Material filmed and/or taken by Nikhil Mistry

The Copyright of all material that has been captured by Nikhil Mistry or any of its affiliations, is solely owned by Nikhil Mistry and protected under UK Law. 

Upon completion and cleared funds we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client. This will be clearly specified in your written quotation. 

Nikhil Mistry reserves the right to use the footage / material / media, either in sections or in its entirety, for promotional purposes, unless a prior agreement has been specified and made with the Client.

Copyright – Material Provided by the Client

In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into a Nikhil Mistry production, copyright must firstly be obtained from the original Copyright owner / material provider. 

In order for Nikhil Mistry to use this material the Copyright must be explicitly transferred to Nikhil Mistry, or the material to be provided to Nikhil Mistry totally free of charge. The client will have to indemnify Nikhil Mistry against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material. Nikhil Mistry reserves the right to use the final production in full or part for content for promotional purposes.  

Personal Consent and Release

The client must assure that all contributors understand that Nikhil Mistry and its affiliated companies and licensees have the right and license to their name and biographical material, and the right to use any audio and/or visual recording, interview or photograph made by Nikhil Mistry, without additional compensation to them, for inclusion in the Production and in any advertising or publicity related to, which may be used in any and all media now and in the future, to be determined at Nikhil Mistry discretion, throughout the world, in perpetuity. 

Contributors also grant Nikhil Mistry complete discretion in how they edit and use the Materials from the Production, and they waive any so-called “moral rights” in connection with and release Nikhil Mistry from any cause of action, liability, loss or damage of any nature whatsoever arising out of Nikhil Mistry exercise of rights granted.

They understand that they shall not be entitled to compensation of any kind from Nikhil Mistry, its licensees, successors and assigns, other than previously specified.

Payment terms

Our payment terms are strictly 30 days from the date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Nikhil Mistry reserves the right to add an accumulative percentage on late payments as dictated under the UK government late payments scheme.

Changes and Revisions

The price at the beginning of this contract is based on the time investment, Nikhil Mistry’s estimate is needed to accomplish everything you’ve told me you want to achieve with your deliverables, but Nikhil Mistry is happy to be flexible. If you want to change our arrangement or add anything new, Nikhil Mistry will provide a separate estimate for that.

Approval and Amendments of Draft Cut 

On the majority of projects, a ‘draft ‘version of the production will be forwarded to the Client for their review. This draft may receive two sets of revisions only. which is included in the original agreed cost. Subsequent revisions thereafter will be charged for appropriately.

Health and Safety

In all instances Nikhil Mistry will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this. Nikhil Mistry will observe the Client’s site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.

Insurances (people, equipment etc)

Allianz Insurance PLC and AmTrust carries public liability insurance cover of £1 million. Upgraded specific project insurance cover can be provided if required upon request.

Bad Weather

In the event of inclement weather, Nikhil Mistry reserves the right to change the date of filming to a more suitable day. Nikhil Mistry will not allow the safety of the equipment or personnel to be compromised.

Aborting Filming/Having to Reshoot due to Client

In the event of filming being delayed or aborted due to a lack of organisation from the Client, Nikhil Mistry reserves the right to charge the relevant day(s) filming costs. A revisit to site to carry out further works may incur additional cost.

Changing Filming Dates

In the event of the Client wishing to change the filming date we insist on a minimum of 1 week notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.

Equipment Substitution / Failure

In the unlikely event that Nikhil Mistry experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the Senior member of the film crew. No further claims or liability will be accepted.

Works Specified (as per estimate) 

All works undertaken will be as per Nikhil Mistry written quotation provided in a word document by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.

Liability

Nikhil Mistry can’t guarantee that my work will be completely error-free and so Nikhil Mistry can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Force Majeure or Act of God

The due performance of any contract provided by Nikhil Mistry is subject to alteration or cancellation by either party owing to any cause beyond their control.

Clear Access for Filming 

If filming venues are being organised by the Client, it is the Client’s responsibility to ensure that Nikhil Mistry has clear access to all relevant locations required throughout the day. Delays in filming may incur additional charges.

All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order.

All Terms and Conditions stated within this document override any Terms and Conditions from the Client.