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a) Throughout these terms and conditions, “the artist” refers to Lesley Bruce, while “the buyer” means the person, producer or company purchasing her services.

 

b) Upon contracting the artist in writing, the buyer is acknowledging having read and agreed to these terms and conditions.

 

c) In the event of the buyer’s failure to comply with these terms and conditions, the artist may terminate the buyer’s licence to broadcast or otherwise use the artist’s work.

 

d) Any contract between the artist and the buyer shall be governed by the laws of England and Wales.

 

e) The artist may update these terms and conditions from time to time, and she will notify the buyer in writing of any changes.

TERMS & CONDITIONS OF BUSINESS

2. Fee negotiations and payments

a) The artist’s quotations are based upon the script and usage supplied by the buyer prior to any recording work commencing. If the buyer provides a new script after a fee has been agreed, the artist reserves the right to revise her fee.

 

b) Should the necessity arise to extend the length of a recording session, the artist is entitled to charge the buyer a further fee.

 

c) Payment by the buyer is due within 30 days of the due date shown on the artist’s invoice, unless otherwise agreed with the artist before recording commences, even if the buyer is a production company and payment for the voiceover has not yet been received from the end client.

 

d) The artist reserves the right to require 100% payment of the fee before the product is supplied to unfamiliar buyers or to those who are not based in the UK.

 

e) In accordance with EU Directive 2011/7/EU on combating late payment in commercial transactions, the artist reserves the right to add interest and a statutory compensatory charge on all amounts outstanding for more than 30 days.

 

f) The artist’s voiceover fees for radio commercials being produced by a radio station or appointed sub-contractor are calculated using Equity’s Independent Radio Commercials Payments rate card, agreed with the radio industry in 2016.

 

g) For e-learning voiceovers, the artist will charge a minimum fee and calculate fees over and above this minimum on a per-word basis. In addition, a further fee will be incurred for the artist’s time if the buyer requires large volumes of audio files to be labelled.

 

h) For the syncing of voiceover to video, the artist may, at her discretion, charge an additional fee for her time, depending upon the complexity of the job. The artist will notify the buyer of this fee in advance.

 

i) The artist reserves the right to levy an additional charge for any recordings the buyer requests that would involve the artist working on a Saturday or Sunday, or on a UK statutory holiday. The artist will notify the buyer of this fee in advance.

 

j) All expenses incurred by the artist in travelling to voiceover sessions in external studios will be charged at cost to the buyer.

 

k) The buyer is responsible for paying all PayPal and bank-transfer fees. If the buyer is paying by PayPal, the artist will add a 5% fee to her invoice.

 

l) The artist may withdraw credit facilities and the supply of any future services in the event of a breach of these terms and conditions.

3. Usage of voiceover recordings

a) Fees agreed between the artist and the buyer cover the usage of the voiceover strictly as outlined in the project contract.

 

b) The usage period commences upon the date the artist supplies the buyer with the completed audio files.

 

c) Unless a full buyout fee has been negotiated, the buyer must secure the artist’s permission for any further usage, whether in different media or beyond the time period stated in the contract, and pay the artist the relevant fees for further usage.

 

d) The buyer guarantees that the artist’s audio recording will only be used within the parameters agreed in the original contract, i.e. by the buyer or the buyer’s named client. Recordings are not transferable to a different company unless a repeat fee is paid to the artist.

 

e) Under no circumstances must the buyer use the artist’s audition recording or free-trial recording in their project.

This constitutes a breach of contract and the artist reserves the right to report the buyer to Trading Standards, and to submit a copyright infringement claim and audio removal requests to the relevant media platforms.

1. General

4. Rights and confidentiality

a) The buyer warrants that nothing in their script infringes the rights of any third party.

 

b) Copyright in any voiceover recording remains with the artist until the buyer has paid the artist’s fee in full, at which point copyright transfers to the buyer or the buyer’s client for the usage and time period stipulated in the contract agreement only.

 

c) The artist shall comply with reasonable requests from the buyer in relation to client confidentiality.

 

d) Subject to any confidentiality agreement, the buyer agrees to supply the artist with a copy of the finished work and grants permission for the artist to promote her services with it, for example by embedding it in her website.

 

e) In the event of the buyer failing to comply with these terms and conditions, the artist retains the right to terminate the buyer’s licence to broadcast the artist’s voice recordings.

5. Recording sessions

a) The buyer is responsible for complying with all legal and insurance obligations connected with the engagement of the artist, should she be required to attend a recording session anywhere other than in her home studio.

 

b) If the buyer’s project deadlines necessitate the artist working after 6pm, at any time during Saturday and Sunday, or on a UK statutory holiday, the artist reserves the right to charge an out-of-hours supplement. The artist will notify the buyer of this charge in advance.

6. Issues with recordings

a) Upon receipt of the recordings as outlined in the contract, the buyer must notify the artist in writing of any problems with the voiceover within two calendar weeks or it will be deemed that the work has been accepted.

 

b) If, upon receipt of the artist’s recordings, the buyer requires a change in the style, pace and tone of the voiceover delivery, the artist agrees to re-record once, on the strict proviso that there are no changes to the original brief, script and pronunciations, and that the buyer provides clear feedback.

 

c) If the buyer requires the artist to re-record because of changes to the original brief, script and pronunciations, this is regarded as a new job and the artist will charge an additional fee accordingly.

 

d) In the instance of audio file corruption, the artist will seek to resolve the issue as quickly as possible and deliver new recordings.

7. Cancellation of recording sessions

a) If the buyer wishes to cancel a contract and gives the artist less than 24 hours’ notice of wishing to do so, the artist reserves the right to charge a cancellation fee of 100% of the contract’s agreed fees.

 

b) The artist may not cancel any contract or agreement unless due to illness or force majeure, i.e. an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, or owing to any inability to procure materials required for the performance of the contract.

 

c) If the artist cancels the engagement, any monies the buyer paid in advance will be refunded in full within fourteen days of the cancellation.