TERMS AND CONDITIONS
Swagger Productions Ltd, trading as Halcyon Industrial
Governing Law: Scotland (UK)

1. DEFINITIONS

For the purposes of this agreement:

• “Halcyon” / “Halcyon Industrial” refers to Swagger Productions Ltd.
• “Client” means the party commissioning Halcyon and includes any assignees, sub-licensees, and successors.
• “Project” means the full duration of the commission, including pre-production, production, post-production, and travel.
• “Production” refers specifically to the scheduled creation days, including pre and post.
• “Photographs” / “Photography” / “Video” / “Content” / “Assets” / “Images” mean all motion or still material supplied by Halcyon, in any format.

These Terms and Conditions apply to all estimates and projects commissioned through Halcyon Industrial.

2. COPYRIGHT & OWNERSHIP

Copyright for all content remains with Halcyon globally unless explicitly agreed otherwise.
Files stored electronically must be deleted at the end of the licensed usage period. Upon request, a high-resolution file or printed copy of the final content, as published, must be supplied to Halcyon free of charge.

3. LICENCE TO USE

The licence start date aligns with the date of Halcyon’s final invoice unless otherwise agreed.
No usage is permitted before full invoice payment, unless with Halcyon’s written consent. Any early-use permission is void if payment is overdue.

4. RE-USE

Re-use beyond the original licence requires prior written agreement and payment of an additional fee.
Estimates for extended usage are valid for 3 months from date of issue.

5. EXCLUSIVITY

Client receives exclusive use of the content for a period of five (5) years unless agreed otherwise.
Halcyon retains the right to use the work for self-promotional purposes (eg: website, print promotions and awards) unless exclusivity terms state otherwise. Halcyon will at no point license the material to third parties.

6. CLIENT CONFIDENTIALITY

Halcyon will treat all project information provided in confidence and will not disclose such details to third parties, except as required to fulfil the commission.

7. INDEMNITY

Unless otherwise agreed in writing, the Client is responsible for obtaining all necessary rights and clearances (e.g., talent, trademarks, third-party copyrights). The Client indemnifies Halcyon against claims arising from failure to obtain such permissions.

8. SHORT NOTICE / RUSH SERVICES

Requests for rush delivery or services at short notice may incur a surcharge of up to 50% on edit rates. Rush delivery is not guaranteed and depends on availability.

9. RATES

Day Rates:
A standard production day = up to 10 hours (including setup/packdown). Overtime is charged at 1.5x the hourly rate (day rate ÷ 10).

Travel / Pre-Production / Contingency:

• Travel, recce, pre-prod, and contingency days: up to 50% of the day rate.
• Public transport (flights, trains, ferries) is charged at cost.
• If travel exceeds 4 hours, no production is scheduled that day.
• Flights over 8 hours: either business class or +1 production day added.
• Flights over 14 hours: business class or +2 production days added.
• Final production days exceeding 6 hours: return travel occurs next day.
• Mileage: £1.00/mile in company vehicle; £0.60/mile + costs in hire vehicles.
• Extra luggage: charged at cost (expect 2–4 checked bags per flight).
• Pre-production beyond estimate + 2 calls (intro & onboarding): charged.
• Per diem: £40 per crew member per production/travel day on multi-day projects.

10. PAYMENT

Payment is due within 30 days of invoice date. Late payments may incur an admin fee of 5% of the invoice total every 7 days from due date until payment is received.
No usage is permitted before full payment. Unauthorised use constitutes breach of contract and copyright.

11. EXPENSES

All figures are estimates and exclude VAT (20%) and insurance (5%).
A 10% contingency should be budgeted by the Client. A 50% production deposit may be requested within 5 days of confirmation.
Halcyon reserves the right to reallocate budget line items while staying within agreed ceilings. Extra expenses due to Client-driven changes will be charged.

12. REJECTION

If the Client is not present during production, Halcyon’s interpretation of the brief is considered acceptable. Client input will be sought where feasible, but the right of rejection is waived.

13. CANCELLATION & POSTPONEMENT

Cancellation fees apply as follows (plus all expenses incurred):

For Projects ≤ 2 Days:

• ≤ 2 days’ notice: 100% fees
• 3–6 days’ notice: 75% fees
• ≥ 7 days’ notice: 50% fees

For Projects > 2 Days:

• ≤ same number of production days: 100% fees
• ≤ 2× production days: 75% fees
• 2× production days: 25% fees

‘Fees’ include production and any completed pre-production. ‘Expenses’ include travel, crew, kit, bookings, etc.

14. CREDIT

Halcyon must be credited in all editorial uses, and in other cases where stated on the estimate. Credit should appear near the reproduced content where possible.

15. LIABILITY

Halcyon’s total liability is limited to its fee for the specific project. Halcyon is not liable for:

• Loss of profit, contracts, business, or data
• Any indirect, special, or consequential damages

This limitation excludes death or personal injury due to Halcyon’s negligence or any liability which cannot be excluded under law.

16. THIRD PARTY SUPPLIERS

Engagement of third-party services (e.g. crew, models) is subject to their own terms and conditions.

17. ELECTRONIC STORAGE & ARCHIVING

A 3% production fee is charged for 2-year digital archiving unless otherwise agreed.
If archiving is declined, the Client accepts full responsibility for secure storage.
Images may not be manipulated, cropped, or shared with third parties without written permission. Reuse beyond the licensed terms must be negotiated and paid for.

18. GOVERNING LAW

These terms are governed by the laws of Scotland, and subject to the exclusive jurisdiction of the Scottish Courts.

19. VARIATION

No changes to these Terms are valid unless agreed in writing by both parties.
Where not explicitly covered, Halcyon refers to the APA Union Recommended Terms for Engaging Crew on the Production of Commercials. Email HQ@halcyon-industrial.com for the most current version.

APPENDIX – CLASSIFICATIONS OF TIME / MEDIA

Time Licence:

• Minimum: 6 months
• Standard: 6 months – 5 years
• Maximum: In-perpetuity (subject to agreement)

Media Usage:

Digital: Company websites, social media, online campaigns

Print: Trade/consumer magazines & newspapers

Commercial (OOH): Posters, billboards, bus shelters, transit ads

Full Buyout: Complete and unrestricted delivery of all RAW footage and stills in perpetuity