T.O.A
TERMS OF AGREEMENT
Producer hereby agrees to produce and deliver to Client the production of the below-referenced media(s) (“Specified Media(s)”), subject to and in accordance with all terms, conditions, and specifications set forth herein. Producer responsibilities for furnishing media are detailed in attached Addendum A Production Specifications and Bid Estimate Form.
1. QUALITY
It is the essence of this Agreement that all completed media and services supplied by Producer shall be of applicable production standards. Producer agrees that the media shall be of quality, artistically produced with direction, photography, sound, art, animation, synchronization and other physical and aesthetic content as agreed upon in the bid estimate.
2. FURNISHING MATERIALS, SERVICES, & RELEASES
A. Client: Client shall supply scripts, storyboards, product props, production notes, music, celebrity talent, creative guidance/supervision, and related clearances unless otherwise noted in the Addendum A Production Specifications and Bid Estimate Form. The producer is not responsible for Editorial/Post Production subcontract. The client will supply track or musical composition(s) and rights clearances unless otherwise specified. B. Producer: Producer shall deliver the completed project media(s) pursuant to this Agreement and the requirements of Addendum A. Producer shall deliver to Client consents, waivers or releases from all talent and all persons or entities who have rendered services to Producer in connection with the Specified Media(s) to the extent permissible by applicable union or guild agreements. Producer shall supply everything else required for the delivery of the Specified Media(s) unless exceptions are so noted in Addendum A.
3. OWNERSHIP
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 as well as in and to all the exposed negatives, positives, out-takes, and clips. Client grants Producer an exclusive, worldwide, sublicensable, transferable, royalty-free license to all media clips produced during the course of the contracted work.
4. SECURITY/CONFIDENTIALITY
Producer understands that some information for said media(s) may be of a confidential and/or sensitive nature. Producer agrees, at Client’s written request, to require, within reason, those engaged for the production to sign appropriate agreements not to discuss or disclose information about the product or the Specified Media(s) except as such disclosure may be necessary for Producer to produce media(s) in the usual and customary manner under this Agreement.
5. 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, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by the Client).
(2) Injury, illness, or absence of client-supplied elements.
6. CANCELLATIONS AND PAYMENTS
A. A 50% deposit must be collected before a booking is a biding agreement. The remaining balance must be paid before the client takes possession of all related material which includes; all media, raw footage, audio, and final edited material. All material must be viewed and approved client’s producer/s. Client shall have one opportunity to request edits or changes prior to final completion and delivery of all media. (An additional charge may occur).
B. Refunds are only issued if New York Lens cannot fulfill the agreed upon shoot. Issues beyond the control of New York Lens should as issues with actors, Director/s, Producer and any related personal beyond the scope of the film crew with not be refunded. Any issues related to permits, liability insurance, or anything outside of the scope of New York Lens control shall not be refunded.
C. If a scheduled shoot is canceled by the client a credit will be held for another shoot date, as long as the cancellation is made beyond 14 days of scheduled shoot date, otherwise the deposit will be forfeited. Should the next scheduled shoot date be canceled by the client again the deposit shall be automatically forfeited.
D. If a booking request is made within 72 hours of a shoot date the booking must be paid in full beforehand.
**An invoice will be generated for All bookings. 50% deposit required**
Questions?
Please call us at: (917) 586-9580