Terms and Conditions

Colorist’s Status

  1. MSG Colour & Finishing Pte. Ltd. (“Colorist”) is an independent contractor. Nothing in this Agreement will be understood to create a partnership, joint venture or co-venture, agency, or employment relationship between the Client and the Colorist.
  2. At the option of the Colorist, the Client may credit the Colorist for the work developed under this Agreement.

Confidentiality and Non-Disclosure

  1. The Client will provide all information that has a direct bearing on the successful outcome of the project and will inform the Colorist in writing of any portion of the work or related information that is confidential. The Colorist will hold in confidence and not disclose the confidential information to any third party, except with the Client’s written consent or as required by law with prior notice to the Client.
  2. The Colorist will take all reasonable steps to safeguard and prevent the loss, destruction, or unauthorized access, use, or disclosure of the confidential information using a reasonable degree of care and no less than the same degree of care used to protect the Colorist’s own confidential information. The Colorist will promptly return to the Client or destroy, as directed by the Client, confidential information and any other Client property requested by the Client at any time.
  3. The Colorist will not make any unauthorized use of any of the Client’s trade secrets, confidential information, proprietary property, trademarks, or copyrighted materials.

Use of Copyrighted Work

  1. The Colorist will endeavor to flag elements of a work that may require copyright permissions and, depending upon the terms specified in this Agreement, may assist the Client in obtaining the necessary permissions. However, unless otherwise specified in this Agreement, the Client accepts responsibility for complying with copyright laws and obtaining the necessary permission to use any elements of provided text, graphics, photos, music and song lyrics, designs, trademarks, or other created work to be included in the final product.
  2. Under copyright law, an original work automatically belongs to the person who created the work. Color Grading that work does not change the author’s copyright in the original work, but the Colorist has the right to claim copyright to the color grading presets, 3D LUTs, plugins, project files and any proprietary image processing technology used in the creation of the Color Graded Master. Depending on the extent of Color Grading, these elements are considered to be its own original work (sometimes known as a derivative work). Copyright to those elements would rest with the Colorist.

Warranties

  1. Color Grading is a process of offering advice and suggestions to the Client. While the Colorist will make every effort to identify and bring questionable material to the Client’s attention, it is not possible to guarantee error-free content.
  2. The Colorist’s responsibility is limited to notifying the Client of any suspected or unresolved issues within the color-graded work. The Client is responsible for accepting (or rejecting) the Colorist’s suggestions and resolving any issues the Colorist identifies.
  3. Rejecting or disliking the Colorist’s suggestions is not a basis for refusing to pay the fees outlined in this Agreement.

Indemnity and Liability

  1. The Colorist will comply with all applicable laws in the course of performing the services.
  2. The Client agrees to indemnify the Colorist from any and all claims or demands, including legal fees, that arise out of any alleged libel, copyright infringement, or other legal or contractual issues created by the Client in writing, revising, publishing, or otherwise using the work.
  3. Failure to Perform: If the Colorist cannot perform the duties outlined in this Agreement for reasons beyond the Client’s or Colorist’s control, the Colorist will refund any amount paid by the Client for services not delivered, including any unearned portion of a deposit, if paid. The Client will not have any further liability with respect to the Agreement.
  4. The Colorist will not be liable for any amount in excess of the fees due under the Agreement. This limitation on liability also applies if information or materials are damaged or lost without fault on the part of the Colorist.

Termination

  1. This Agreement may be terminated by the Client or the Colorist with at least 7 days notice. If the Agreement is terminated, the Client will pay the Colorist, as specified under Payment Terms, for work done and expenses incurred up to the date of termination. Subject to the terms for a deposit, any fees advanced will be credited against the amount due.
  2. The provisions of this Agreement that by their nature are intended to extend beyond its termination will survive and remain in effect despite the completion of the services or the termination of the Agreement. This includes the sections of this Agreement required for its interpretation and enforcement.

Notice

  1. Notice by one party to the other under or for the purposes of this Agreement (including for the purpose of modifying it) will be in writing and will be delivered or sent by email to the email address set out at the beginning of this Agreement.
  2. Communications by email will be considered to have been given and received at the time of delivery or transmission if that delivery or transmission occurs prior to 7:00 p.m. on a business day, failing which the communication will be considered to have been given and received on the next business day. For the purposes of this Agreement, a business day means any weekday that is not a holiday.

Dispute Resolution

  1. The Client or the Colorist may request that any dispute arising out of this Agreement be submitted to binding arbitration before a mutually agreed-upon arbitrator in accordance with the arbitration legislation of the governing territory. The arbitrator’s decision or award will be final.

Applicable Law

  1. This Agreement will be governed and interpreted in accordance with the laws of Singapore.
  2. If any part of this Agreement is found to be unlawful, void, or for any reason unenforceable, it will be considered separate from this Agreement and will not affect the validity and enforceability of the remaining Agreement. If either the Client or the Colorist waives a breach or default under this Agreement, the waiver will not apply to a repeat of the same breach or to a breach or default of another clause in the Agreement.

Modification of Agreement

  1. Any modification of this Agreement must be in writing and acknowledged in writing by both the Client and the Colorist.