Policy

1.1 Revisions- We provide a maximum of 2 free revisions per video, any additional changes after the second revision will require a fee.

1.2 Contracting & Deposits- Every video we do is contracted for our protection as well as your own. Once a contract has been read through and signed, we can then charge you a deposit fee, this process is non- negotiable and if refused Obscura holds the right to terminate the project. The order of this process is non- negotiable as contract must be signed before a deposit is paid.

1.2.1 Forging Contracts- If contracts are incorrectly signed or purposely forged, Obscura Motion can terminate the shoot and potentially take further action.

1.3 Insurance- each set requires insurance, this will be included on top of every budget. If the payment of insurance is refused, Obscura has the right to terminate the shoot and keep the pre-production deposit due to work already being completed. The insurance may differ from shoot to shoot as locations will differ, however, depending on the project the type of insurance may change. If a trusted freelance producer is engaged, Obscura ensures to notify the producer of the need for insurance. If the producer is notified and insurance is not purchased to cover the shoot, Obscura Motion will hold the freelancer accountable for any actions or costs.

1.4 Cancellation- If the artist terminates the project for reasons that are external to Obscura Motion, Obscura retains no responsibility to return any fees that the artist has paid prior to the shoot. If it is deemed a fault of Obscura Motion, the artist holds the entitlement to request a refund in full.

1.5 Public liability- Obscura Motion accepts responsibility for purchasing and obtaining public liability per shoot.

1.6 Client Delays- If the client requests to push the date back due to actions of their own accord, Obscura Motion has the right to decide between rescheduling or terminating the shoot, as per section 1.4 Obscura Motion has the right to keep any deposit having been paid by the artist or any members of the artists team/ family.

1.7 Who do these rules apply to- Every section is applied to whomever has signed their name to the contract. If applicable to the contract, Obscura Motion has the right to hold whomever signed the contract responsible for any breaches by anyone working with/ under the contract signer.

1.8 What actions can Obscura Motion take?- Obscura Motion can use the signed contract, paid deposit and Obscura policy agreement as evidence in small claims court, magistrates court of law and any necessary court of law that is specific to the crime committed.

1.9 Policy agreement- By signing a contract or paying a deposit whomever signs the contract agrees to the terms in the contract & policy

2.0 Payment Process- There are 2 instalments of payments for clients, the dates set for these payments are given with reasoning by the producer and should be followed strictly. The process is as follows- A small pre-production fee.

2.0.1 Pre Production Payment- (this enables the team to start developing an idea, contacting potential freelancers needed, putting together a budget sheet and any other pre-production planning efforts that require resources and Obscura Motion time) this pre-production payment also soft pencils a date where Obscura Motion cannot advertise to other clients. If the pre-production payment is not made, Obscura Motion holds the right to terminate the project effective from pre production payment due date. In reference to section 1.2 Obscura Motion holds the right to have a legitimately signed contract before the pre- production payment.

2.0.2 Payment Process (Overall Budget payment)- Upon the due date that the producer has set, the client must pay remaining amount to make sure the shoot goes ahead (reasoning for this is freelancer resources and rental costs cannot be paid by Obscura Motion). If Obscura Motion said they can do the shoot within the original agreed amount and it goes up, the client has the option to terminate the shoot and request a partial refund. Should the overall budget not be paid in the time that has been agreed by both the client and the producer, Obscura Motion retains the right to terminate the shoot and keep the pre-production payment (as resources, time and effort as well as a locked date has affected Obscura Motion's ability to do business).

2.1 Freelance agreements- Once a freelance employee is onboarded to a project they must understand the policy they are following and are required to maintain the same professionalism and accountability as Obscura Motion members.

2.2 Freelance breaches- Any breach of necessary actions freelancers are required to take whilst representing Obscura Motion can result in Obscura Motion holding the freelancer accountable for any problems, broken laws and breaches of policy/ contract on the day of the video, within pre-production and after the production has gone ahead.

2.3 Drugs & Alcohol- Any drugs or alcohol are strictly prohibited on set by any cast, crew or Obscura members. The discovery of this can result in the termination of a contract for crew, cast, artists or Obscura. If Obscura Motion themselves were to breach this, necessary accountability would be taken to rectify this.

2.4 NDA- If an NDA is required within a shoot, this must be signed and followed, if broken Obscura Motion and/ or the Client may have the right to sue involved parties. (This is subjective and can differ depending on the NDA agreement itself).

2.5 Copyright- If an artist withholds evidence of copyright issues within any area of the song production, Obscura Motion holds the right to terminate the contract. If Obscura Motion are responsible for the breach of any copyright, the client is entitled to take necessary action against Obscura Motion to rectify the issue. If a freelancer is responsible for the breach of any copyrighting, Obscura Motion holds the freelancer responsible as per agreeing to this policy.

2.6 GDPR- In line with GDPR laws, an in-house producer or an external producer will make sure client's data is secure and deleted promptly if requested by the client. If necessary Obscura Motion will highlight the importance of data security measures within the contract to the client, freelancers and any external crew. If Obscura Motion breaches and GDPR policies we seek evidence from the opposing party and will reprimand the claim depending on the sustenance of the accusing evidence. If a freelancer is responsible for the breach of data security, Obscura Motion will join the client in understanding a necessary penalty. Obscura Motion will notify the ICO within 72 hours of breached data. In-house and external Producers must provide a consent form if documents are deemed personal and the client asks specifically for data protection measures.

2.7 Discrimination- Upon hiring an employee, freelancer or engaging in a shoot Obscura Motion agrees to act in accordance of the equality act (2010). Obscura will in no circumstance discriminate against any employee, client or freelancer. Obscura Motion holds the right to terminate a contract, terminate a project or take an individual to court with the necessary evidence if it were to come to Obscura Motions attention. Obscura Motion will realises the need to protect clients, freelancer's and/ or employee's against discrimination.

2.8 Employee agreements- In reference to section 2.1, contracted employees of Obscura Motion must follow the same guidelines as freelance employees.

2.9 Termination of contracted Obscura Motion employees- In the case where Obscura Motion's vision is not aligning with an employee a termination will take place. Giving the employee 2 weeks notice with fair reasoning to dismiss the employee. Employees are given a meeting with all 4 co-founders/ directors of the company to explain dismissal reasoning, within this meeting employees are entitled to bring a trade union representative or a co-worker. There is a statutory minimum notice period of between one and 12 weeks, dependent on length of service. A  contract of employment can provide for a longer notice period. Failure by an employer to comply with the statutory or contractual notice period (whichever is longer) can result in a claim for ‘wrongful dismissal’. A contract of employment often provides for an employer to make a payment in lieu of notice, for example, equal to the salary that the employee would have earned during the notice period, in order to terminate employment without requiring an employee to work their notice period.

2.9.1 Obscura Motion is obliged to notify the Secretary of State where they are proposing to dismiss as redundant 20 or more employees within a 90-day period.

2.9.2 Summary dismissals- Summary dismissal (dismissal without notice or pay in lieu of notice) is only lawful where an employee has committed a breach of contract that is sufficiently serious to entitle their employer to treat the employment contract as terminated with immediate effect. A typical example is where an employee has committed gross misconduct.

2.9.3 Employee entitlement- Employees may be dismissed orally or in writing. In misconduct and capability dismissals the Acas Code of Practice on disciplinary and grievance procedures states that an employee should be invited to attend a meeting to explain their version of events. A letter should then be sent to confirm the reason for the dismissal and the date of dismissal in writing to avoid any dispute over the effective date of termination. A right of appeal should be offered. Failure by an employer to follow the Acas Code of Practice does not give an employee a standalone remedy for breach. However , where an unfair dismissal claim succeeds and there has been an unreasonable failure to comply with the Code employment tribunals have the power to increase any compensation awarded by up to 25%.

2.9.4 Approval of state authorities necessary- Not necessary.

2.9.5 Claim for unfair dismissal- This can be made if the reason for dismissal was not one of the five specified ‘fair reasons’ Those reasons are (i) conduct, (ii) capability, (iii) "some other substantial reason", (iv) statutory ban, and (v) redundancy.

3.1 Use of Policy- This policy should be followed by clients, Obscura Motion members, freelance employees and whomever has signed a contract to work with Obscura Motion. This Policy can be held in a court of law and should be followed.