This Contract (the Contract) forms the written agreement between ‘ourselves’ ‘us’ our’ and ‘ours’ being Want Some Media Ltd and the Client being the party or person who has commissioned the production work and any person acting on their behalf in accordance with the following Definitions, Obligations and Other Provisions.
Additional Filming shall mean any additional filming work requested by the Client over and above that agreed and set out in both the Budget and Purchase Order and any requests or amendments to the Final Version of the Shoot after the approval process of the Draft Footage all of which such Additional Filming shall be chargeable at a daily rate based on the day rate of the Shoot as agreed with Client and set out in Budget
Budget means the cost of the production work for the Project which shall have been agreed with the Client in advance of commencement of filming and which the Client expressly agrees to by signing a Purchase Order prior to the commencement of filming.
Client means the persons or group of persons who has/have, by signing this contract commissioned the Project
Crew means the persons hired by Want Some Media Ltd for the purpose of carrying out the Shoot
Draft Footage shall mean the initial ‘rough cut’ version of the Shoot supplied to Client for review and comments.
Editorial Specification shall mean a document outlining the editorial and technical requirements of Shoot and shall be affixed to the Budget in advance of commencement of filming.
Fees means the monies paid by the Client to Want Some Media Ltd in consideration of the Project as specified in the Budget and set out below but excluding travel and accommodation expenses
Post-Production means the shooting, logging and editing of the film obtained for the Shoot and which shall start on the first available opportunity upon completion of the Shoot and continue until the Shoot is edited and the Final Version agreed upon by the Client.
Pre-Production means the process of establishing the remit of the Final Version which shall include Client meetings, the organising of filming, location sourcing, assembling the Crew and any other activities prior to the beginning of filming of the Shoot
Project means the work done by Want Some Media Ltd including but not limited to pre-production, the Shoot, Additional Filming and Post Production in order to accomplish the Final Version
Purchase Order shall mean the document signed by the Client before the commencement of any part of the Project stating the basic outline of the project required and for which the filming is commissioned, the agreed timing schedule and agreed costs provided by Want Some Media Ltd to Client and in turn signed by Client and returned to Want Some Media Ltd
Shoot means the filming of the production work as commissioned by the Client and carried out by Want Some Media Ltd.
Upon Signature of this Contract, the Client:
- Agrees to give Want Some Media Ltd overall productive and creative control of the Final Version
- Agree to pay the Fees to Want Some Media Ltd in accordance with the payment schedule as set out in the Budget. Any fees paid late shall incur interest at 2% (two per cent) above the base rate per month or part thereof.
- Agrees that having been given the opportunity to give input to the Draft Footage and Want Some Media including those comments in the Final Version, if they can be accommodated within the Budget, if the Client is thereafter dissatisfied with the Final Version this will not constitute failure on the part of Want Some Media Ltd to fulfil its obligations under the Contract nor does it give the Client grounds on which to refuse to pay the Fees to Want Some Media Ltd
- Agrees that Want Some Media Ltd is not liable for any alleged flaws in the Final Version caused by any problems with locations used in the Shoot or third party services (including but not limited to car hire, equipment hire or crew) or material or any element chosen by the Client. To rectify such problems the Client shall be liable for any additional costs incurred or amendments to be made in accordance with Want Some Media’s current daily rates.
- Agrees that any changes requested to be made after signature of this Contract and or approval of the Project shall not necessarily be accommodated unless the same can be accommodated within the Budget and agreed Production Schedule.
- Shall not bring to the Shoot any people who are not connected with the Shoot in any way. Want Some Media Ltd takes health and safety matters seriously and reserves the right to remove any people and or equipment from a location if they deem it to be unsafe or if Crew are subjected to any aggressive or nasty behaviour. In such instance the Client will be liable for any costs incurred or arising as a result.
- Agrees that Want Some Media Ltd shall not be held liable for any supposed imperfections in the Final Version caused by imperfections such as facial expressions, physical characteristics, wardrobe, dress or other performances of the Client or cast, performers, or extras selected hired or brought to the Shoot directly by the Client or Want Some Media Ltd. Furthermore, Client shall be liable for any costs incurred for reshooting any or part of the Shoot caused by the actions or such cast performers or extras.
- Agrees that Want Some Media Ltd shall be allowed to reschedule dates or times of filming at no additional cost in the event that severe weather conditions shall pose a risk to personnel or equipment or will affect the quality of the filming and the Shoot
- Agrees that if filming of the Shoot is delayed due to Client’s failure to comply with agreed dates, times, access, organisation and other issues specified in the production brief and or schedule Want Some Media Ltd shall be allowed to re-schedule the affected days of filming and to charge for any additional costs which arise
- Agrees that any work required as part of Post Production including CGI or graphic work will be carried out when the Draft Footage has been approved. For the avoidance of doubt CGI or Computer Generated Imagery shall form part of the Project and be included in the Budget but significant changes to CGI such as changes requested after approval of Draft Footage or changes differing from the agreed Editorial Specification may add additional costs to the Project based on the day rate of the Shoot as agreed with Client and set out in Budget
- Shall supply all images, logos, trademarks, footage, audio designs and photographs as requested by Want Some Media Ltd for the purposes of the Shoot promptly so as not to delay filming of the Shoot in any way and the Client warrants that they have obtained all permissions from the relevant original copyright holders ( if different from the client). Want Some Media Ltd reserves the right to exclude any material provided by the Client even if such material was requested by themselves.
- Agree that if the Final Version when completed in accordance with the terms of this agreement is deemed unacceptable to the Client, any additional extra filming, or redesign or re-editing shall be paid for by the Client at an additional cost and such cost shall be paid in advance of the additional work.
- Agrees that no copies of the Final Version shall be distributed in any media until full and final payment of Fees has been made.
- Agrees that if the Final Version cannot be delivered as per the agreed delivery date due to the unavailability of the Client for whatever reason then Want Some Media Ltd will not be held liable for any consequences of such failed delivery.
- Agrees that Want Some Media Ltd owns the copyright and all other rights in the Shoot and Final Version unless bought out by the Client at a mutually agreed cost and that the client is only permitted to use the Final Version in accordance with the Rights clause below;
- Agrees that all material relating to the Project and the Shoot may appear on Want Some Media Ltd’s web site where such appearance and use is both appropriate and applicable
- The Client is permitted to host the Final Version or clips of such Final Version on their own or related business web sites
Upon Signature of this contract Want Some Media Ltd:
- Shall source a Crew suitable to carry out the Project and the Shoot at its discretion.
- Shall produce shoot and edit the Project to the to produce the Final Version.
- Shall agree to show Draft Footage to the Client in draft vimeo link format or an equivalent format for approval purposes or to request changes.
- Shall retain all unedited footage or rushes unless otherwise agreed or specifically requested by Client.
- Shall deliver the approved Final Version to Client in the format of a master Pro res 422 HQ file and high – quality mp4 file
- Shall hold high resolution copies of the approved Final Versions on secure drives within a cloud based-library.
- Shall agree to provide clips of the Project if requested by Client for use on Client’s web site in perpetuity
- Shall advise any audience present when filming is taking place that filming is taking place and that such audience, by their continued presence, shall be deemed to have given their consent to be included in filming and ultimately the Final Version. Want Some Media Ltd shall ensure that location agreements, cast agreements and other permissions are obtained and subject to signed agreements .
- Shall carry public liability insurance cover of £5,000,000 (five million GBP). A copy of the insurance certificate can be provided if necessary. Should such insurance cover need to be extended or upgraded any such additional cost will be agreed and included in the Budget.
- Shall source similar replacement equipment and or personnel as necessary in the event of equipment failure or technical difficulties and shall use its best endeavours so as not to delay filming or adversely impact upon the quality of filming or delivery of the Project.
1.As set out in the Budget Fees shall be payable by existing Clients as follows:
50% (fifty per cent) payable upon the agreement of terms and signature of the Purchase Order
25% (twenty five per cent) upon WSM Ltd sending the first cut for review by Client
25% (twenty five per cent) upon approval and agreement by Client of the Final Version
- For all new Clients Fees shall be payable as follows:
75% (seventy five per cent) upon agreement of terms and signature of the Purchase Order
25% (twenty five per cent) upon approval and agreement by Client of the Final Version
Costs and Expenses
- Expenses that can be claimed as part of the Fees will include the cost of meals taken by Crew during the Shoot, travel to and from the Shoot and accommodation as necessary during filming of the Shoot. All such costs shall be agreed in advance between Client and Want Some Media Ltd and included in the Budget but if any extra expenses are incurred Want Some Media Ltd shall be reimbursed for such extra expenses provided prior notice is given to Client outlining the reason for the extra expenses and the cost.
Delays and or Cancellations
- If Post-Production or completion of the Final Version is delayed for more than 30 (thirty) days due to the Client’s actions Want Some Media Ltd may invoice Client for additional charges incurred due to such delay. Any such additional charges shall not exceed the Budget
- If the Shoot is cancelled by the Client after signature of this Contract and before the commencement of filming of the Shoot Client shall pay Want Some Media Ltd 40% (forty per cent) of the Budget
- If the Project is cancelled after signature of this Contract and after commencement of the Shoot but prior to the commencing of Post Production Client shall pay want Some Media Ltd 60% (sixty per cent) of the Budget
- If the Project is cancelled by the Client during Post- Production Client shall pay Want Some Media Ltd 80% (eighty per cent) of the Budget
Grant of Rights
- Client shall have the right to use the Final Version on their web site in perpetuity
In addition the Client shall have the non-exclusive right to distribute the Final Version for use on line worldwide in perpetuity in the event that no talent or cast are involved.
- In the event that talent and or cast are involved in the Shoot and are duly sourced and hired by Want Some Media Ltd then Want Some Media Ltd shall add a 15% (fifteen per cent) fee to the Budget for administration costs incurred. In the event that the Client sources such talent and or cast such hire shall be conducted by the Client and subject to a separate agreement provided by the Client
- In the event the Client wants to licence the rights for any other use including but not limited to television then such use is subject to separate negotiations between Client and Want Some Media Ltd and further payment
- Want Some Media Ltd shall retain rights for clip and promotional use on Want Some Media Ltd’s web site and for use in all social media in perpetuity
Want Some Media Ltd shall not be held liable by Client for any delay or failure to carry out its obligations under this Agreement by reason of any act of God, strike, labour dispute, fire, flood, delay in transportation, failure or delay of any laboratory, war, public disaster, or any other cause or reason beyond their control. Such delay or failure to perform shall not be deemed to be a breach of the Agreement
In the event of Force Majeure the party affected shall inform the other party promptly and make plans to reschedule the Project. Furthermore Client shall still be obliged to pay Want Some Media Ltd for the work carried out until the Force Majeure occurred.
This Agreement contains the full and complete understanding between the parties and supersedes all prior agreements whether written or oral and cannot be modified except by a written addendum duly signed by Client and Want Some Media Ltd.
Nothing contained in this Agreement shall be deemed to form a partnership or contract of employment between the parties.
This Agreement shall be construed in accordance with and governed by the laws of England and Wales.
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