Terms and conditions

These are the terms and conditions which apply to working with Claire Wyatt, of Claire Wyatt Voiceover (trading name of Genn-Wyatt Ltd).

How things are referred to in this document:

Claire Wyatt is referred to as the ‘Artist’ throughout these terms and conditions.

The producer, intermediary, individual or company who solicits or purchases professional voiceover services, provided by Claire Wyatt, is described as the ‘Client’.

The ‘Deliverable(s)’ means the professional voiceover/audio services provided by the Artist to the Client.

The ‘Product’ or ‘Project’ is the final piece the Client is creating which will contain the Artist’s Deliverables.

 

Terms of Business

Values and Obligations

1. The Artist will make every effort to perform her services with all due skill, care and diligence and in accordance with prevailing best industry practices.
2. The Artist shall perform the script or copy exactly as provided by the Client.
3. The Client asserts that they are able to book the Artist and understand and agree to all of the terms and conditions described below.

Limits of Use and Licensing

1. The Client agrees that the Artist’s Deliverables are licensed for use only for the use(s) and amount of time agreed in the contract with the Client before the start of the recording session and only for the use(s) and amount of time set out on the Artist’s invoice(s) or contract(s).
2. If the Client wants to extend the use of the Deliverables, they must tell the Artist, so a new contract can be put in place, which will state the new fees that the Client will need to pay.
3. Any use of the Deliverables other than as agreed in the original contract represents a breach of contract, and of the Artist’s statutory performers’ rights.
4. The Client must inform the Artist in the event that any part of the Deliverables is used to produce different or new content (including but not limited to commercial, campaign, cut-down, edit, tag or any other project), once informed, the Artist will discuss additional fees, which the Client agrees to pay.
5. The Client agrees to delete and remove from the public domain unlicensed recording(s), in the event that the Client doesn’t want to relicense under a new contract, or in the event that the Client allows the contract to expire.
6. If the Client fails (deliberately or accidentally) to inform the Artist about use of any Deliverables beyond the contract, this is a breach of contract and a breach of the Artist’s statutory performers’ rights, which results in the Client paying additional fees, or the Artist undertaking legal action.
7. The Artist reserves the right to charge relevant fees for any unlicensed use of the Deliverables.
8. The Artist has the right to use the Project in part or in whole for promotional purposes in perpetuity once the Project has started transmission on any media platform.

Auditions and Custom Demos (referred to here as ‘Demos’)

1. Demos are provided by the Artist free of charge, the Client agrees that demos will only be used for listening purposes and private demonstration.
2. The Client agrees that all unlicensed, unauthorised use of the Artist’s custom demos constitutes a breach of the Artist’s performers’ rights and will incur additional fees and/or legal action.

Recording Session(s) & Amendments

1. All scripts are considered final when the Client agrees to the contract.
2. The Client agrees to pay charges at the Artist’s hourly rate (BSF) in the event of any changes to a final script(s), made after the recording session.
3. In the unlikely event of any recording or editing mistakes made by the Artist, she agrees to re-record, at no extra cost to the Client.

Cancellation of the Contract or Recording Sessio

1. If the Client cancels the Recording session less than 24 hours before it is due to begin, the Client agrees to pay the Artist the basic session/studio fee (BSF) for the number of hours booked plus any pre-paid travel costs e.g. rail travel or parking reservations.
2. If the Client cancels the usage element of the contract after recording session has taken place, the Client agrees to pay the contractor the basic studio/session fee (BSF) for the number of hours worked, plus any pre-paid travel costs e.g. rail travel or parking reservations.

Fees and Payment

1. The Client agrees to pay the Artist within 30 calendar days, in full, from the date of the Artist’s invoice.
2. Late payments will incur penalty charges of 8.5% of the total fee in line with the UK Government’s Better Payment Practice Code.
3. Failure to pay for the Artist’s Deliverables, in whole or in part, represents a breach of contract and a breach of the Artist’s performers’ rights. This will result in legal action.

Privacy

1. The Client agrees to the Artist’s Privacy Policy, with reference to GDPR and storage of the Client’s data for genuine business purposes.

Intellectual property and Legal Rights and

1. All recordings of the Artist’s voice are, and always will be, the intellectual property of the Artist themselves under English Law (including all performers’ property rights under Part II of the Copyright, Designs and Patents Act 1988 (“CDPA”)), and will be subject to licensing terms set out in the contract or clauses under the ‘Limits of Use and Licensing’ section above.

Jurisdiction

1. The laws of England and Wales govern this agreement and disputes arising out of it will be heard in a court of England and Wales.

Updates

1. From time to time these terms and conditions may be updated. Amendments will be written and dated here.

 

UPDATE 18/07/23

Artificial Intelligence / Synthesisation Rider

1. Client expressly agrees not to utilise any portion of the recording or performance of the Artist for purposes other than those specified in the initial Agreement between the parties including but not limited to creation of synthetic voices or for machine learning.
2. Specifically, Client shall not utilise any recording or performance of the Artist to simulate Artist’s voice or likeness, or to create any synthesized or “digital double” voice or likeness of the Artist. This applies whether the synthetisation is imitative and non-imitative of the Artists’ performance, likeness or voice.
3. Client specifically agrees not to sell or transfer ownership of all or part of any of the recordings or performance of the Artist to any third party without Artist’s knowledge and consent.
4. Client agrees not to enter into any agreements or contracts on behalf of Artist which utilises all or any part of any of the recordings or performance of Artist without Artist’s knowledge and consent.
5. The right for the artist to have express consent over their performance is recognized in perpetuity, as such the right can be exercised by the heirs, successors or estate of the [Artist] in the event of their death. This right applies to past, current and future performances, voices and likenesses published or unpublished. This right cannot be assigned or waived.
6. Client agrees that any recordings or performances stored in digital format will be reasonably stored so that unauthorised third parties may not gain access to the files containing Artist’s voice or likeness, and if such files are stored in “the cloud” Client agrees to safeguard same through encryption or other “up-to date” technological means.
7. The Artist 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.

Equitable Remuneration

The Client acknowledges and agrees, and where relevant will procure that the End Client acknowledges and agrees, that:
        (a) the Artist asserts any right it has to equitable remuneration under 182D CDPA and to any equivalent rights to which the Artist may be entitled under any              legislation now existing or future enacted in any part of the world;
        (b) the Artist is entitled to appropriate and proportionate remuneration for the licencing of its rights
        (c) in the event that it becomes reasonably apparent that the Usage Fees paid to the artists under the original agreement is disproportionately low,                    inequitable, inappropriate or unfair when compared to all the subsequent revenues derived from the exploitation of the Materials, the Artist is entitled to apply in accordance with Applicable Law for review and appropriate redress from the Copyright Tribunal or similar body with jurisdiction to assess such matters under Applicable Law.