STANDARD TERMS OF ENGAGEMENT

 

These Standard Terms of Engagement (‘Terms’) apply in respect of all work carried out by us, The Film Crew Ltd, for you, except to the extent that we both have otherwise agreed in writing. These Terms apply to any current engagement and to any future engagements, whether or not we send you another copy of these Terms. We are entitled to change these Terms from time to time and post the amended Terms on our website www.thefilmcrew.nz/legal. The amended Terms will apply from the time that you next commence a new engagement with us.

 

 

1.    Services

 

1.1        The services which we are to provide for you are outlined in our engagement letter,   proposal or email correspondence before the commencement of the job.

 

2.    Fees and invoicing

 

2.1        The fees which we will charge or how they will be arrived at, are set out in our  engagement letter, proposal or email correspondence.

 

2.2     If the engagement letter, proposal or email correspondence specifies a fixed fee, we  will charge this for the agreed scope of our services. Work which falls outside that  scope will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope and if requested, give you an estimate of the likely amount of any further costs.

 

2.3        Where our fees are calculated on an hourly basis, the hourly rates will be set out in our engagement letter, proposal or email correspondence.

 

2.4        If we give you an estimate of our fees, this will be an estimate only and we will review it if necessary. The final fee charged may be more or less than the amount of the    estimate (although our estimates are as accurate as possible based on the information          available to us at the time).

 

2.5        We may send interim invoices to you, usually monthly for ongoing assignments, or upon completion of the job. We may also send you an invoice when we incur a significant expense.

 

3.    Payments

 

            3.1        Invoices are payable within 7 days of the date of the invoice unless alternative  arrangements have been made with us before the commencement of the job.  

 

            3.2        A late payment fee of 10% may be added if payment in full is not received by the due  date.

                       

            3.3        Any disputed amounts may not be offset.

 

            3.4        We may require interest to be paid on any amount which is more than 7 days overdue. If applicable, interest will be calculated at the rate of 15% per annum from the date payment became due until the date payment is made in full. This does not affect our  other rights to recover payment.

 

            3.5        You will be liable for all legal and debt collection costs that we may incur in enforcing or attempting to enforce our rights under these Terms.

 

            3.6        For Wedding bookings full payment is required no later than 7 days before the wedding day.

 

4.    Deposits and cancellations

 

            4.1        We may ask you to pay a booking deposit to provide security for our fees and expenses  and to secure the booked date/s.

 

            4.2        Cancellation of bookings after the signing of this agreement will incur a cancellation fee of 30% of the total booking or loss

of the booking deposit if paid.

 

5. Contingency Days

 

            5.1        We will quote a contingency day cost. This figure will not include the cost of premiums for 3rd party providers that are unable to be cancelled, postponed or are non-refundable.   We recognise our obligation to minimise contingency day liabilities and will apply accepted industry cancellation practices only.

 

            5.2        Where scheduled production has been prevented from occurring on an originally booked day due to circumstances beyond our control, a contingency day will be used.  In this event, you will be charged the contingency day cost and any additional costs as  mentioned in clause 5.1 above, in addition to the actual production charges.

 

            5.3        Circumstances beyond our control may include but are not limited to:

  1. Weather conditions (any adverse condition that is not consistent with the prescribed shooting conditions you desire or are suitable for the job).   

  2. Injury, illness, or absence of elements under your control.

  3. “Force majeure” (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, civil authority, terrorism, and ‘acts of God’).

  4. Client issued postponements.

 

6. File Download and Storage

 

6.1        At the completion of the project we will provide you the final produced content via     Googledrive share link which will give you access to download the files. This is a temporary shared link, and you will need to download the content to a safe location within 60days.

 

6.2        Additionally, as part of our offering to you, unless otherwise arranged, we will hold the RAW content (all of the content captured during the project unedited) for you for 60 calendar days from the completion of the project, free of charge.

 

6.2        If you would like us to continue to store the RAW content or the produced content beyond this date, you can elect for us to do so via Cloud Storage for a fee of $50+gst per year.  You are required to let us know if this you would like to take up this option.

 

7. RAW File Transfer

 

7.1        If you would prefer that we provide you with the RAW content captured, we may agree to provide the RAW files to you, however please note that doing so does not pass   ownership from us to you of the footage or imagery or limit our rights to use the footage       or imagery unless the rights release option detailed in clause 8 below is purchased.

 

7.2        If you opted for a transfer of the RAW files, you would be able to use this content at   your discretion, however you would not be entitled to on-sell the content or provide it to another production company for further production unless the rights release option          detailed in clause 8 below is purchased.

 

7.3        If we retain the rights to the footage, we agree not on-sell the files, imagery or footage that includes any brand or identifiers to a 3rd party.

 

7.4        We have the below options available for RAW file transfer (with no rights release):

  1. Files transferred to a downloadable link (valid for 30days):  $250 +gst

  2. Files transferred to a portable hard drive provided by you:   $250 +gst

  3. Files transferred to a portable hard drive supplied by us:      $500 +gst

 

8. RAW Rights Release

           

8.1        If you would like to purchase the ownerships rights to the RAW files, we may agree to sell this to you for a fee. Sale of the rights would release any ownership/possession we had over the content and would pass this possession to you indefinitely. You would then be free to use the content at your complete discretion, including on-selling the content to a 3rd party should you wish to do so.

 

            8.2        Full rights release can only be done in conjunction with a Raw File transfer option as we do not offer storage options for files we do not own.

 

 

9. Produced Content Rights

 

9.1        You own the rights to the produced content however the below conditions apply unless         otherwise agreed;

  1. we retain the right to use the produced content for promotional purposes

  2. you may not edit or alter the produced content

  3. on-sale or transfer of the produced content to a 3rd party by you, will not affect our rights to the content

© 2018 The Film Crew Ltd  |  Wanaka, NZ

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