These Terms of Business apply to all services provided by Fu Films G.K. ("Fu Films") to its clients ("the Client").
Fu Films provides documentary production, creative production, editorial, post-production, and related media services. Depending on the nature of the engagement, services may be provided directly by Fu Films, by Fu Films employees, or by trusted freelance collaborators, contractors, and production partners engaged by Fu Films.
For projects involving the introduction, engagement, or provision of individual personnel, including editors, producers, cinematographers, production staff, or other specialists, these Terms of Business also apply to the relationship between Fu Films and the Client regarding such personnel.
By engaging Fu Films or any personnel introduced or provided by Fu Films, the Client agrees to these Terms of Business.
1. General Agreement
No variation of these Terms of Business shall be valid or binding on Fu Films unless confirmed in writing by an authorised Director of Fu Films.
Any project-specific terms, including scope of work, deliverables, timelines, fees, usage rights, and payment schedules, may be agreed separately in writing. Where a separate written agreement exists, its terms shall take precedence over these Terms of Business where applicable.
2. Fees and Payment
Fees for services provided by Fu Films shall be agreed with the Client prior to commencement of work.
Unless otherwise agreed in writing, invoices issued by Fu Films are payable within 90 days from the invoice date.
Payment obligations remain the responsibility of the Client and shall not be withheld due to delays, disputes, or non-payment involving third parties outside the agreement between Fu Films and the Client.
For longer-term projects exceeding six weeks, payment schedules may be divided into monthly or milestone-based payments as agreed between the parties.
Consumption tax shall be added to all applicable fees at the prevailing rate.
3. Late Payment
In the event of late payment beyond the agreed payment period, Fu Films reserves the right to charge interest at a rate of 5% above the base rate of Fu Films' banking provider, calculated from the invoice due date until payment is received.
4. Project Services
For production, documentary, branded content, editorial, and post-production projects, Fu Films and the Client shall agree in writing on the scope of services, deliverables, schedule, fees, revision process, and other relevant project requirements.
Any work requested outside the agreed scope may be subject to additional charges.
5. Personnel and Collaborators
Fu Films may provide services through its own employees, freelancers, contractors, or trusted collaborators.
Fu Films remains responsible for selecting appropriate personnel and managing its relationships with such individuals.
The Client agrees not to directly engage, employ, or contract any Fu Films employee, freelancer, collaborator, or introduced personnel outside of Fu Films without prior written approval.
If the Client directly engages any person introduced by Fu Films within 12 months of the introduction or completion of the assignment, an introduction fee may apply.
Unless otherwise agreed, this fee shall be calculated as 400 times the individual's hourly rate.
6. Replacement of Personnel
If an individual engaged through Fu Films becomes unavailable or unable to complete their assignment, Fu Films may, where reasonably possible, recommend an alternative person of comparable experience or adjust the remaining services accordingly.
Fu Films shall not be liable for indirect losses, damages, additional costs, or expenses arising from such circumstances.
7. Client Responsibilities
The Client is responsible for providing accurate information, timely approvals, access, materials, and resources necessary for Fu Films to perform the agreed services.
The Client shall ensure compliance with all applicable laws, regulations, health and safety requirements, and workplace obligations relating to any services performed at the Client's premises or under the Client's direction.
8. Working Conditions
Where Fu Films personnel or collaborators work under the direction of the Client, the Client remains responsible for ensuring appropriate working conditions, including reasonable working hours, rest periods, and health and safety requirements in accordance with applicable Japanese laws and regulations.
9. Cancellation and Rescheduling
Once a booking or project commencement date has been confirmed, both parties are expected to fulfil their agreed obligations.
If the Client cancels a confirmed booking:
Cancellation within 5 days of the agreed start date may result in a cancellation fee of 100% of the confirmed services.
Cancellation 6 or more days before the agreed start date may result in a cancellation fee of 50% of the confirmed services.
For long-term projects exceeding six weeks, cancellation fees shall generally apply only to a maximum of 21 working days unless otherwise agreed in writing.
10. Availability Holds ("Pencils")
If the Client wishes to check availability before confirming a booking, Fu Films may provide a provisional hold ("pencil booking").
A pencil booking does not create a contractual obligation for either party. However, both parties agree to update each other regarding their intentions as a matter of professional courtesy.
Once a booking is confirmed, the agreed services and cancellation terms shall apply.
11. Intellectual Property and Delivery
Ownership, usage rights, and delivery requirements relating to completed work shall be determined according to the relevant project agreement.
Fu Films reserves the right to withhold delivery of completed materials, project files, data, or intellectual property where payment obligations have not been fulfilled.
12. Liability
Fu Films accepts no liability for indirect loss, loss of business, loss of profits, or consequential damages arising from the provision of services.
Fu Films' total liability shall be limited to the value of fees paid or payable under the relevant agreement unless otherwise required by applicable law.
13. Confidentiality
Both parties agree to maintain confidentiality regarding any non-public information obtained during the course of the engagement, including business information, production materials, client information, and creative materials.
14. Disputes and Governing Law
These Terms of Business shall be governed by the laws of Japan.
Any disputes arising from these Terms of Business shall be subject to the jurisdiction of the Japanese courts.
15. Acceptance
By commissioning services from Fu Films, engaging Fu Films personnel, or accepting an introduction from Fu Films, the Client acknowledges and agrees to these Terms of Business.