Commission Terms

These Commission Terms apply to commissioned work undertaken by Ember and Motion, operated by Mr. Noire Co.

They should be read alongside the Ember and Motion Terms and Conditions and Payment & Cancellation Terms.

1. Commission Acceptance

Submitting an enquiry does not guarantee acceptance of a project.

A commission is only confirmed once:

• the project scope has been agreed

• the quoted fee has been accepted

• any required agreement has been signed

• any required deposit or initial payment has been received

Ember and Motion may decline enquiries that do not fit the platform, available schedule, production requirements or creative direction.

2. Scope of Work

The agreed scope will be set out in writing before production begins.

This may include:

• commission type

• concept

• filming duration

• filming location or locations

• number of scenes or setups

• intended deliverables

• approximate delivery format

• agreed usage

• additional production requirements

Anything outside the agreed scope may require a revised quote.

3. Commission Types

Available commission types may include:

• Model Portrait Film

• Movement Film

• Performance Piece

• Music Film

• Artist / Personal Film

• Extended Commission

Each commission is developed around the individual project and may vary in structure.

Starting prices shown on the website are not fixed quotes.

4. Creative Development

Creative direction is developed from the agreed brief, intended use and subject matter of the commission.

Depending on the project, this may include:

• concept development

• visual direction

• performance direction

• movement planning

• narrative development

• styling discussion

• location planning

• music-led treatment

• documentary or interview development

For standard E&M commissions, the development process may be lighter than the full discovery framework used for selected Mr. Noire Co. collaborations.

5. Client Responsibilities

The client is responsible for providing accurate and timely information relevant to the project.

This may include:

• availability

• contact details

• location information

• access requirements

• wardrobe or styling information where relevant

• performance requirements

• music files

• reference material

• permissions

• safety information

• intended use of the final work

Delays caused by missing or inaccurate information may affect the production schedule.

6. Filming Time

Where a commission includes “up to 8 hours filming”, this means the maximum filming allocation for that commission, not a guaranteed requirement that all eight hours will be used.

Actual filming duration will depend on the project.

Reasonable breaks, setup, equipment movement and production adjustments may form part of the filming day.

7. Locations

Unless otherwise agreed, standard commissions are based around one primary filming location.

Additional locations may require:

• additional travel

• additional setup time

• revised scheduling

• location fees

• permits

• an Extended Commission or revised quote

The client must disclose any known restrictions affecting access, filming or safety at a proposed location.

8. Travel

Travel costs may apply outside the standard coverage area.

Any additional travel requirements should be discussed before the project is confirmed.

Accommodation, parking, tolls, permits and other necessary travel-related costs may be charged separately where agreed in advance.

9. Performance and Safety

For movement, aerial, pole, fire, martial arts or other specialist disciplines, performers remain responsible for working within their own training, ability and physical limits.

Ember and Motion may adjust or stop filming where a setup appears unsafe or unsuitable.

No shot or performance requirement overrides safety.

Where specialist supervision, venue permission, safety equipment or additional crew are necessary, these may need to be arranged separately.

10. Music and Third-Party Material

Where a project uses music, artwork, trademarks, choreography, locations or other third-party material, responsibility for obtaining the necessary permissions will be agreed before use.

Clients must not knowingly provide material they do not have the right to use.

Where licensing is required, additional costs may apply.

11. Deliverables

The agreed deliverables will be confirmed before production.

This may include:

• one final film

• multiple agreed deliverables

• different edits

• social media versions

• trailers or teasers

• still frames

• other agreed outputs

Only deliverables included in the agreed scope are included in the commission fee.

Additional edits or formats may be quoted separately.

12. Editing and Creative Control

Ember and Motion retains creative control over the production and editing process unless otherwise agreed.

This includes decisions relating to:

• shot selection

• sequencing

• pacing

• colour treatment

• sound design

• transitions

• overall visual treatment

The final work will follow the agreed creative direction but will not necessarily reproduce references or inspiration material exactly.

13. Revisions

Any included revision allowance should be confirmed in the project agreement or quote.

Revisions should relate to the agreed project scope.

Requests that substantially change the original concept, structure, music, narrative or deliverables may be treated as additional work and quoted separately.

14. Delivery Times

Estimated delivery times will be communicated for each project.

Delivery dates may depend on:

• project complexity

• volume of footage

• post-production requirements

• client response times

• third-party approvals

• technical issues

• unforeseen production circumstances

If no fixed delivery date has been agreed, services must still be performed within a reasonable time under UK consumer law.

15. Client Delays

If the client delays approvals, responses, access to required materials or other necessary decisions, the delivery schedule may move accordingly.

Where a delay materially changes production requirements, Ember and Motion may need to revise the schedule or quote.

16. Usage Rights

Usage rights will be confirmed for each project where necessary.

Unless otherwise agreed, commissioning a film does not automatically transfer ownership of all underlying production materials or intellectual property.

The final agreement may specify:

• where the client may use the film

• whether commercial use is permitted

• whether paid advertising use is permitted

• whether modification or re-editing is permitted

• whether third-party licensing applies

17. Ember and Motion Portfolio Use

Unless otherwise agreed in writing, Ember and Motion may request permission to use completed work for:

• portfolio display

• website

• social media

• showreels

• promotional material

• awards or festival submissions

Where confidentiality, embargoes or release timing apply, these should be agreed before publication.

For sensitive projects, portfolio use can be restricted by written agreement.

18. Raw Footage and Project Files

Raw footage, project files and editable timelines are not included unless expressly agreed.

Where raw footage or project files are requested, additional fees and licensing conditions may apply.

Ember and Motion is not required to retain working files indefinitely.

Any agreed retention period should be confirmed separately.

19. Project Changes

If the client requests a substantial change after the commission has been agreed, Ember and Motion may:

• revise the scope

• revise the price

• revise the production schedule

• require an additional payment

• recommend changing the commission type

No additional work will be assumed to be included unless agreed.

20. Production Changes

Reasonable production changes may sometimes be necessary because of:

• weather

• location access

• safety

• equipment failure

• performer availability

• venue restrictions

• circumstances outside reasonable control

Where possible, suitable alternatives will be discussed.

21. Service Standard

Services will be carried out with reasonable care and skill, as required by UK consumer law. Contract terms cannot remove those statutory rights.

22. Cancellation and Rescheduling

Cancellation, rescheduling, deposits and payment consequences are governed by the separate Payment & Cancellation Terms.

Any cancellation charges or retained payments must be fair and proportionate. Under UK consumer law, terms allowing excessive cancellation charges or automatic loss of all upfront payments may be unenforceable.

23. Consumer Rights

Nothing in these Commission Terms limits any statutory rights that cannot lawfully be excluded.

Consumer contracts must remain fair and transparent, and services must be provided with reasonable care and skill.

24. Complaints

If there is a concern about a commission, clients should contact Ember and Motion as soon as reasonably possible so the issue can be reviewed.

Where appropriate, reasonable steps will be taken to resolve problems relating to the agreed service.

25. Changes to Commission Terms

These terms may be updated from time to time.

The version applicable to a confirmed project should be the version provided or agreed when that project was booked, unless both parties later agree otherwise.

26. Contact

For commission-related questions:

Ember and Motion / Mr. Noire Co.
Email: support@emberandmotion.com
United Kingdom