TERMS & CONDITIONS
1. FURNISHING MATERIALS AND RELEASES
Producer shall supply scripts, storyboards, crew, music, talent, creative guidance/supervision, and related clearances, unless otherwise noted. Producer shall deliver the completed project media(s) pursuant to this Agreement and deliver to Client consents, waivers or releases from all talent featured. Producer shall supply everything else required for the delivery of the Specified Media(s) unless exceptions are so noted.
2. CHANGES IN SPECIFICATIONS
If at any time, Client desires to make any changes or variations from the script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress, and such changes result in additional costs to Producer, Producer agrees to notify the Client of the amount before any such additional costs are incurred and Producer shall proceed only after receiving approval (written or oral) from Authorized Representative, approval by Client shall be binding and incorporated into the terms of this Agreement. Reimbursement for such additional costs shall be payable in accordance with the terms of this Agreement for final payment.
3. CONTENT USAGE
Except as otherwise provided herein, Client owns all rights, title and interest in and to the media(s) which are the subject of this Agreement, including all copyrights therein, to all raw footage and the finished video. Client grants Producer a worldwide, royalty free license to unused media clips and photos produced during the course of the contracted work for advertising, samples, competition and promotional purposes. Producer owns all rights to the working files.
4. INDEPENDENT CONTRACTOR
It is understood that Producer’s status under this Agreement is that of an independent contractor and that all persons engaged by Producer in performing its obligations shall not be deemed employees of Client.
Client understands that the specified terms of payment under this Agreement are based upon timely payments. A 50% retainer is required with order to begin the pre-production process. Payment is non-refundable once production has begun. The remaining balance must be paid on the delivery of final video file. Deposit and agreement may be mailed, emailed or hand delivered. A business check, cashier’s check, wire-transfer or credit-card can be accepted as payment. Please make payments to Empire Creative Marketing. (W9 Form Provided Upon Request). Ownership of the media does not transfer until full payment is made to Producer.
Balances past due 10 days, will incur a 10% late fee determined by total remaining amount due.
6. CONTINGENCY AND WEATHER DAYS
A. A contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond the control of the production company.
B. These circumstances may include but should not be limited to:
(1) Weather conditions (rain, fog, clouds or any adverse condition that is not consistent with the shooting conditions desired by the Client).
(2) Injury, illness, or absence of client-supplied elements (e.g. key talent, color correct products).
(3) “Client Insured Re-Shoots” (any additional days for a job insured by the Client, who is therefore authorizing the expenditure). The Client should be provided with a contingency day cost which should be approved prior to proceeding with that shoot day.
C. The Production Company will quote the maximum exposure figure depending on the scale of production – as a contingency day cost. This will be a cost per day figure. However, this figure does not include the cost of premiums for crew, talent or suppliers.