Standard Terms of Engagement

 

1. Terms

 

These Standard Terms of Engagement (‘Terms’) apply to all services carried out by us, The Film Crew Ltd, for you, the client.

 

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.

 

 

2. Services and Bookings

 

The services which we are to provide to you are considered to be those which are outlined in the project related correspondence before the commencement of the project.  

 

For the benefit of clarity, in most circumstances, you will be engaging us to provide the service of creating ‘Produced Content’.

 

A booking is considered as being made once you have given us the project go ahead. We will endeavor to ensure this is agreed in writing before we undertake any action on your behalf.

 

3. Our Fees

 

The fees which we will charge for the Produced Content or otherwise, or how they will be arrived at, will be set out and agreed in the project related correspondence prior to the commencement of the project.

 

If the agreement is for a fixed fee, we will charge this for the agreed scope of our services. Work which falls outside of 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 of the agreed scope and will give you an estimate of the likely amount of any further costs.

 

If the agreement is for an on hourly rate basis, the hourly rates will be clearly communicated.

 

If the agreement is for an estimated fee, 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).

 

4. Payments and invoicing

 

In some circumstances we may ask you to pay a nonrefundable booking deposit to secure specific production date/s.

 

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

 

All 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 project.   

 

Our standard payment arrangement is where we invoice you and you make direct credit payment to our nominated bank account. If you require an alternative payment method, you are welcome to discuss this with us and we will accommodate your needs where possible.

 

5. Payment Defaults

 

If there are any issues with the service we have provided you are welcomed to raise this with us promptly however any disputed amounts may not be offset against due invoices.

 

For late payments 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.

 

You will be liable for all legal and debt collection costs that we incur in enforcing or attempting to enforce our rights under these Terms. This does not affect our other rights to recover payment.

 

6. Cancellations

 

Cancellation of bookings, after go ahead but before production dates are booked, or up to 14 days before production is scheduled to begin, will result in you being charged for any work undertaken or costs incurred up to the date of the cancellation (i.e. any pre-production time), any 3rd party cancellation fees and a cancellation fee of 30% of the balance of the total booking.

 

Cancellation of bookings between 14 days and 48 hours before production is scheduled to begin will result in you being charged for any work undertaken or costs incurred up to the date of the cancellation (i.e. any preproduction time), any 3rd party cancellation fees and a cancellation fee of 50% of the balance of the total booking.

 

Cancellation of bookings less than 48 hours before production is scheduled to begin will result in you being charged for any work undertaken or costs incurred up to the date of the cancellation (i.e. any preproduction time), any 3rd party cancellation fees and a cancellation fee of 100% of the balance of the total booking.

 

7. Postponements

 

Where scheduled production has been prevented from occurring on an originally booked day due to circumstances beyond our control, and a new date is booked (and therefore the job is not cancelled), a postponement fee of 30% may be charged as well as any associated third party costs involved to change the booking. We recognise our obligation to minimise postponement liabilities and will apply accepted industry practices.

 

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, pandemics and ‘acts of God’).

.4 Client issued postponements.

 

If a non-refundable booking deposit has been taken, this will be used as the postponement fee and a new booking deposit may be required.  

 

8. Third Parties and Contractors

 

Some projects will require the involvement of third parties or additional contractors (i.e. talent, hair and makeup artists, specialist photographers etc.). We will endeavor to ensure you are aware of the costs and conditions for including any third parties on the project, however, we will not be liable for any associated costs or cancellation fees.

 

If we introduce you to a third party or contractor during the provision of our services, any future bookings of the contractor must go through us unless we otherwise agree.  

 

9. Music Licensing

 

We may license music for the Produced Content on your behalf. Individual license terms will apply and can be provided at your request. Standard license is for non-exclusive use.

 

10. Creation Copyright

 

We retain the copyright for any production elements that we create, including but not limited to any ideas, concepts, scripts, storyboards, production plans etc. If an idea or concept does not result in the delivery of Produced Content we retain the copyright to it indefinitely.

 

11. Produced Content vs Raw Content vs Provided Content

 

‘Produced Content’ refers to the finished product that is delivered to you by The Film Crew and is usually referred to as the project’s ‘deliverables’ in the agreement prior to the commencement of the project.  

 

‘Raw Content’ refers to any and all content captured by The Film Crew or our contractors during the undertaking of the project, including but not limited video files, still photographs and audio recordings. Raw content is generally considered as being raw files that have not been edited or had any post-production time applied to them.

 

‘Provided Content’ refers to any content that you provide us to utilise during the production. This may include previously produced still imagery, video content, music tracks etc. Prior to providing this content to us, you agree that you have full legal right to use this content and you indemnify us against any claims of improper use of the provided content. You retain the rights to any provided content and grant us the right to use this content in the Produced Content.

 

13. Produced Content Rights

 

Once the invoice for our services has been paid in full, you own the right to the Produced Content and we also grant you an open ended, non-exclusive, non-transferable license to use the Raw Content that is within the Produced Content, as it was delivered.

 

The below conditions apply unless otherwise agreed;

.1 you may not edit or alter the Produced Content in any way,

.2 you may not use the Produced Content to create further content,

.3 we retain the right to use the Produced Content for promotional purposes, and  

.4 the on-sale or transfer of the Produced Content to a third party by you, will not affect our rights to the content.

 

For the purposes of clarity, the above clause is agreed to by both parties as per section 21 (4) of the      Copyright Act 1994.

 

14. Raw Content Rights

 

We (The Film Crew) own and retain the rights to all of the Raw Content captured during the project and we are free to use this content as we please, however we agree not on-sell any files, imagery or footage that include any of your brand or identifiers to a third party.

 

If you would like to purchase the ownership rights to the Raw Content captured during the project, we may agree to sell this to you. Sale of the rights would release any ownership/possession we have 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 third party or using for future edits with other production companies should you wish to do so.

 

If this is something that you would like to consider, we strongly recommend this is discussed and quoted prior to the commencement of the project.

 

If you did choose to purchase the Raw Content, once paid for and transferred to you, we would erase this content from our system so the responsibility for safe keeping of the content would remain with you. We do not offer storage options for Raw Content that we do not own the rights to.

 

As an alternative, you may like to purchase a one-off license to use certain pieces of Raw Content that we have on file for future projects. We can discuss your requirements on a case by case basis, however, please note that unless storage arrangements are made, we may not keep all Raw Content indefinitely.  

 

For the purposes of clarity, the above clause is agreed to by both parties as per section 21 (4) of the Copyright Act 1994.

 

15. File Download and Storage

 

At the completion of the project we will provide you the Produced Content via Google Drive or similar share link which will give you access to download the files. This will be a temporary shared link, and you will need to download the Produced Content to a safe location within 30 calendar days.

 

If you would like us to store the Produced Content on your behalf, for safe keeping, or if you consider that you may like to license some of the Raw Content again for future projects and therefore would like us to ensure the storage of the Raw Content beyond the 30 calendar days, you can elect for us to do so for a fee per 1TB of data per year. You are required to let us know if you would like to take up this option.

 

At the end of each 12-month period, we will contact you to confirm if you would like to continue the storage option and if so, you will be charged for each subsequent year.