Legal
Company Name
CMG Ltd, acting under BLYND
(Registered in England and Wales)
71–75 Shelton Street
London WC2H 9JQ
United Kingdom
Director: J. M. Anderson
Contact: admin@weareblynd.com
General Terms and Conditions (GTC)
for CMG Ltd, acting under BLYND (hereinafter referred to as “BLYND”)
I. General Provisions
These General Terms and Conditions (“GTC”) apply to all orders, offers, deliveries, events and services provided by BLYND. They shall be deemed agreed upon unless expressly objected to without undue delay after receipt of an offer. Any conflicting or deviating terms and conditions of the client are hereby rejected and shall not apply unless expressly acknowledged in writing by BLYND.
By placing an order, the client submits a binding offer to enter into a contract with BLYND. Any prior offers made by BLYND are non-binding. A contract shall only be concluded upon oral or written order confirmation by BLYND (email shall suffice).
All services rendered by BLYND are provided exclusively on the basis of these GTC as valid at the time of engagement. BLYND reserves the right to amend these GTC at any time, subject to the client’s consent. Such consent shall be deemed given if the client does not object within four (4) weeks of receipt of the amendment notice, provided the notice expressly refers to the consequences of failing to object.
Cost estimates issued by BLYND constitute non-binding estimates of effort unless expressly agreed otherwise in writing.
For the purposes of these GTC:
• “Images” shall mean all products created by BLYND, irrespective of the technical form or medium, including but not limited to negatives, slides, prints, digital images, stills, canvases, posters and similar materials.
• “Videos” shall mean all moving image content created by BLYND in any technical form, including videos, clips, animations, still frames and similar content.
These GTC shall also apply to all assignments involving digital post-production, modification or alteration of images or videos, as well as the granting of image and/or video licences, including any subsequent modifications commissioned within an ongoing business relationship.
II. Copyright and Usage Rights
BLYND retains all copyrights in images and videos in accordance with applicable copyright law.
Unless expressly agreed otherwise, images and videos produced by BLYND are intended solely for the client’s own use. Where BLYND grants usage rights, only a non-exclusive licence shall be granted, unless explicitly agreed otherwise in writing. Ownership rights shall not be transferred. Any sublicensing or transfer of usage rights to third parties, including affiliated or subsidiary companies, requires a separate written agreement.
All usage rights, whether internal or external, shall only transfer to the client upon full settlement of all outstanding fees, including but not limited to advance, interim and final invoices. This also applies in particular to the forwarding or use of preview versions.
Unless agreed otherwise, BLYND may require to be credited as the author. Any violation of the right of attribution shall entitle BLYND to claim damages.
Any use, reproduction, distribution, publication or exploitation of images or videos requires prior written consent from BLYND and is subject to remuneration. This applies in particular to secondary use, online and social media use, advertising materials, reprints, and any form of editing, alteration or transformation.
Any modification through compositing, montage or electronic means creating a new copyrighted work requires prior written consent from BLYND. The material may not be traced, recreated or otherwise used as a motif.
Notwithstanding the scope of usage rights granted, BLYND shall be entitled to use the images and videos for its own promotional purposes, including showreels, website and social media presence, even if trademarks or corporate identifiers of the client are visible.
Any unauthorised use of concepts, creative ideas, layouts, treatments or other intellectual property developed by BLYND shall result in an immediate contractual penalty of USD 100,000 (one hundred thousand US dollar), without prejudice to further claims.
III. Fees, Expenses and Payment Terms
Fees shall be calculated on an hourly, daily or flat-fee basis plus statutory VAT, unless otherwise agreed. Additional expenses such as travel costs, accommodation, studio rental, talent fees, props and materials shall be charged separately and borne by the client.
Unless agreed otherwise in writing, payment terms are as follows:
• 50% of the total fee upon commissioning
• 30% upon completion of production/creation
• Remaining balance plus expenses upon final delivery, payable within seven (7) days of invoicing
Invoices are payable immediately without deduction. In the event of late payment, BLYND shall be entitled to suspend or cease ongoing work. All delivered materials remain the property of BLYND until full payment has been received.
If the client requests changes during or after production, any additional costs shall be borne by the client. Fees remain payable in full even if the delivered material is not published or used.
Set-off or retention rights may only be exercised against undisputed or legally established claims.
For cancellations by the client, the following cancellation fees shall apply:
• Up to 10 days prior to production: 50% of the net fee
• Up to 3 days prior: 70% of the net fee
• Within 48 hours: 100% of the net fee
Travel days shall be charged at 50% of the agreed daily rate. Travel expenses, accommodation (minimum 4-star standard), per diems and other related costs shall be borne in full by the client.
IV. Data Protection and Archiving
BLYND shall store digital raw data with due care but is not obliged to retain such data beyond two (2) years after completion of the assignment.
V. Liability
BLYND shall be liable for damages only in cases of wilful misconduct or gross negligence. In the event of negligent breach of essential contractual obligations, liability shall be limited to foreseeable, typical damages. Liability for injury to life, body or health remains unaffected.
BLYND shall not be liable for client-provided equipment unless expressly agreed otherwise.
VI. Client Obligations
The client warrants that all materials provided are free from third-party rights and that all necessary consents, including model releases, have been obtained. The client shall indemnify BLYND against any third-party claims arising from a breach of this obligation.
VII. Disruption of Performance
Delivery dates shall only be binding if expressly confirmed in writing. BLYND shall only be liable for delays caused by wilful misconduct or gross negligence.
VIII. Use of Additional Equipment (including Drones)
Where drone or specialised equipment use is required, additional costs shall be borne by the client. All operations shall comply strictly with applicable laws and safety regulations. Any required permits shall be obtained by BLYND unless otherwise agreed, at the client’s expense.
IX. Post-Production and Editing
Any editing or manipulation of images or videos requires prior consent from BLYND. The client warrants that it is entitled to commission editing of third-party materials and shall indemnify BLYND against third-party claims.
X. Right of Withdrawal (Consumers Only)
Where applicable under mandatory consumer law, consumers may withdraw from the contract within fourteen (14) days in text form. This right does not apply to custom-made goods, fully performed services or digital content once performance has begun with the consumer’s consent.
XI. Final Provisions
The place of performance and jurisdiction shall be London, United Kingdom, where legally permissible. If any provision of these GTC is held invalid, the remaining provisions shall remain unaffected.
Last updated: 03 September 2025