Terms & Conditions
This Agreement is between the client being supplied a service or product herein referred to as “Client”
and DotKomrade Productions (38 Third Street, Linden, JHB, 2195) Herein referred to as “DotKomrade”
1. DotKomrade is and will be defined by the company name and address on each invoice or quote issued in accordance with work carried out and pursuant to that company and country’s law.
2. Client wishes to engage DotKomrade, on an independent contractor basis, to render and arrange for the carrying out of a production (the “Video”), and / or other marketing and promotional activities listed, in accordance with the terms and conditions of this Agreement;
NOW THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
1 PRODUCTION SERVICES
1.1 Video Production: In accordance with the supplied quote DotKomrade hereby agrees, subject to the terms hereof, to perform all pre-production, production and post production services necessary to complete the Video and to deliver the Video in accordance with DotKomrade promotional materials, discussions held and quotes supplied, including:
1. a) the supply, provision and application of technical knowledge and expertise necessary to produce the Video;
b) the preparation of script for narration, unless otherwise agreed to be supplied by client – which must be duly agreed signed off and returned by client to DotKomrade to confirm that recording may begin unless otherwise committed to via electronic communications.
c) the selection of background music, unless specifically requested to be supplied by client
d) the engagement of crew, studio and other necessary facilities and services required for the production of the Video;
e) the supply, provision and application of all above and below the line pre-production and production materials, services, equipment, and all other elements and personnel necessary to produce the Video (herein for convenience, collectively referred to as “Services and Facilities”), including, without limitation, all necessary audio visual equipment and production personnel,
f) additional wardrobe, props, special effects and cast members will be quoted in writing as an additional cost and service prior to production commencement;
g) Video productions master copies will be either posted online or shipped to client within approximately 28 days from final day of production shoot unless otherwise specified in writing or e-mail and or delayed by extended amendments, late script approvals and / or late supply of documentation and artwork by client and / or other circumstances beyond the control of DotKomrade.
2 POST PRODUCTION AND REVIEW OF VIDEO EDITS
2.1 DotKomrade agrees that it shall produce the Video and render the Production Services in accordance with the following requirements and specifications:
a) Video Specifications: The Video shall be produced in accordance with DotKomrade promotional material, written communication and discussions between DotKomrade and the Client.
b) Client Approval Rights: All major content decisions in connection with the Video shall be made by Client by completion of and in accordance with checklists and information supplied prior to production and also hands on assistance during production. Failure to supply such and comply shall render rights of review and final product approval void.
c) Inclusion of Features: DotKomrade will endeavor to, but cannot guarantee, that all the features marked in any production checklists will be included in the final standard length video production, and will advise whether additional footage will be required in order to cover all features in a standard or otherwise ordered length of video production.
d) Artistic and Creative License: Client agrees that DotKomrade will reserve rights to decide on final artistic and creative impression and design of video presentation.
1. e) Review of Script: Each Script will be supplied to client for one review and / or amendment and approval with final sign off prior to recording. All requests for amends must be made in writing or e-mail. Additional reviews are liable to incur charges at the discretion of DotKomrade as set out in each quote or contract. Failure to confirm approval of script within the agreed period will result in recording and production to final edit regardless and rights any further review of such shall be void.
f) Review of Video: A final copy of the video will be posted for online viewing. All requests for amends must be made in writing or e-mail. Additional reviews are liable to incur a fee at the discretion of DotKomrade as set out in each quote or contract. Failure to approve or make amendment requests on final product within the agreed time as set out in the quote or contract will be understood as confirmation of approval of final video and will result in final edit regardless.
1. g) Failure to comply within review clauses above will void any other rights of first review, amendment or use of final product by client.
Storage of Footage / Hard Drive Space
DotKomrade reserves the right to charge for storage of footage and hard drive space or cancel the project without refund of any monies, in the event that the post production project is delayed by the client beyond 30 days.
3 REQUIREMENTS AND SPECIFICATIONS
a) Compliance with Applicable Laws: DotKomrade shall comply with all applicable laws, statutes, rules, regulations and requirements of all governmental agencies and regulatory bodies and shall duly and promptly apply for and provide all necessary consents, licenses and permits which may be required by any governmental agency or
authority of competent jurisdiction in connection with this Agreement and the production of the Video unless otherwise discussed and agreed with the Client for them to do the same. The Video shall not depict, show or contain photography of any identifiable product unless a clearance has been obtained for such product.
b) Local Permits and Passes: Client is responsible for obtaining and payment of relevant local permits and permissions to film any part of the production listed as a required part of their final product. Failure to obtain such permission and therefore not film such items shall not give right to the cancellation or non acceptance of final product by the Client.
1. c) Release Forms / Advice Notice: It is the responsibility of the Client to inform guests and workers present on the property to be included in the production of the filming and to obtain the relevant release forms duly signed by guests or staff where necessary by distribution of notice of filming. Such forms are available from DotKomrade.
d) Third Party Agreements: Any third party agreements to be executed in connection with the Production Services may be entered into by DotKomrade in its own name provided that the terms thereof shall not conflict with this Agreement or the Approved Quote. DotKomrade shall obtain from all third parties with whom it contracts in connection with the Video, to the extent possibly having regard to the applicable union and guild agreements, an irrevocable assignment of the result and proceeds of their work in connection with the Video in all media throughout the universe in perpetuity.
4.1 a) Except as set forth otherwise in this Agreement, Client shall be solely responsible for the payment for the Video as set out in the Quote or Invoice and agreed costs. Any additions which would cause the Approved Quote on the payment due to be exceeded
either in nature or amount of expense shall require the prior written approval of Client (“Approved Overages”). Client shall be solely responsible for all Approved Overages.
b) Subject to the terms and conditions of this Agreement as full and final compensation for the Production Services and all rights granted to Client hereunder, Client shall pay to DotKomrade an amount equal to: i) the actual costs of production of the Video that are incurred by DotKomrade pursuant to the Quote or Invoice, if any (the “Production Costs”)
c) A deposit payment of 50% or as otherwise stipulated in the terms of the Quote or Invoice value and or further payments shall be paid by client to DotKomrade prior to the commencement of production of the Video and post production as agreed and set out in the Quote and / or Invoice.
1. d) The balance shall be paid to DotKomrade within 30 days of filming and / or prior to delivery of the final product which ever is sooner unless otherwise specified and agreed between Client and DotKomrade.
5. CANCELLATION AND POSTPONEMENT
5.1 WHOLE PROJECT: If the Client cancels a project after agreeing to the costing proposal and entering into a contract with Dotkomrade, the Client will be subject to a cancellation fee due to loss of work. If the project is postponed, and work has been scheduled, the same fee may still apply.
5.2 FILMING: If the Client cancels a booking after agreeing to the costing proposal, the Client may be subject to pay a cancellation fee of up to 75%. If a shoot is cancelled on the day of production and crew is already on location, DotKomrade will charge a 90% cancellation fee. If we are required to cancel an external freelancer booking (i.e. a camera operator), there may be an additional cancellation charge . All incurred costs & expenses due to cancellation will also be chargeable to the client.
5.3 EDITING: If the Client cancels or postpones a project after editing has begun, the Client will be subject to pay for all work carried out until that point. The Client is subject to pay for loss of work for any dates or time we have set aside.
5.4 If poor weather prevents a shoot, DotKomrade will do its best to reschedule as soon as possible. DotKomrade reserves the right to postpone a shoot due to bad weather conditions. In the event that weather prevents the team from attending a shoot, the Client will not be liable to pay the agreed fee. If the team is in place and able to work, but the Client cancels the shoot, the Client will be liable.
5.5 In the event of a ‘force majeure’ where DotKomrade is prevented from working, we are not liable for any breach in contract. Such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, floods, war or acts or threats of terrorism.
5.6 Dotkomrade's shoot and edit time is non-refundable.
5.7 If any project is cancelled after commencement the 50% deposit/project commencement fee is non-refundable.
nd edit time is non-refundable.
6.1 DotKomrade shall reserve the right to insert or have listed a production credit in the main titles of the Video as follows:
a) Embedded within video production “A DotKomrade production”
b) “DotKomrade © 201_”. Symbol and DotKomrade website address on every production and CD label.
c) “DotKomrade © 201_ “or “A DotKomrade production” or “Footage supplied courtesy of DotKomrade” Where any other separate DotKomrade footage is supplied for television or other promotional use.
7 COPYRIGHT & OWNERSHIP- RIGHTS OF THE PARTIES 6.
It is acknowledged by the Client that immediately upon creation whether or not in tangible form, DotKomrade shall, unless otherwise agreed in writing, be the sole and exclusive owner in perpetuity throughout the universe of all rights, title and interest in and to:
7. a) the Video;
b) any and all results and proceeds of the Production Services;
7. c) any and all materials or elements rendered, provided, supplied or acquired by DotKomrade for the Video; and
7. d) the copyright in and to the foregoing whenever created throughout the Universe in perpetuity.
7.2 DotKomrade hereby grants to Client the perpetual right: a) to use the Video for training and promotional purposes; b) to post the Video on Client’s own web site; c) to use the Video in additional mediums as discussed and agreed upon by Client and DotKomrade.
7.3 All rights not specifically granted herein are reserved by DotKomrade.
7.4 All copies of the Video shall bear the copyright legend:
“© DotKomrade 201_”.
8 REPRESENTATIONS: INDEMNIFICATION
8.1 Final production details and creativity shall be at the discretion of DotKomrade.
8.2 DotKomrade makes no warranties or representations with respect to materials supplied by or mandated by Client.
8.3 Client shall indemnify, defend, and hold harmless DotKomrade (and DotKomrade’s parent, af liated and subsidiary entities, assignees and licensees and their respective employees, shareholders, of cers, directors and agents) from and against any and all damages, costs, claims, losses, and expenses (including reasonable legal fees and costs) arising out of any breach by Client of any representation or warranty or obligation entered into herein.
8.4 DotKomrade reserves the right to postpone, extend or reschedule video or photography shoots due to unfavourable weather conditions, in which circumstances accommodation for extended stays will be supplied, however the original production quote and cost will not be affected. However additional costs may be liable if Client delays or reschedules a shoot which causes the extended hiring, re-hiring of additional or alternative crew than those used on the originally planned shoot.
8.5 DotKomrade is not responsible for re-shoots and / or re-edits due to subsequent property re-modelling, renovation, inclement weather or program and product changes within the same production and quote.
8.6 Re-edits of product due to changes will incur additional charges as quoted separately by DotKomrade.
9. WORKING HOURS
DotKomrade rates are based on the following pre-production, production and post production working hours:
cost estimates are billed on hourly estimates
Post Production rates:
Offline edit, online edit and grading are based on 9 hour days including 1 hour break.
After hour and extended hours are billed at a separate fee as per arranged on a per job bases.
Production: All production rates are based on a 10 hour shoot day (including meals) with overtime billed as per the crew working conditions guidelines CPA guidelines:
- Working hours
Working hours per standard day, premium day, split shift day or night shoot and to which no overtime applies, shall be 10 hours including meals. Only after the specified hours are worked, will overtime apply.
Producers will do their best to achieve a minimum of a 10 hour turnaround period between wrap and call time of the same shoot, it being acknowledged that a turnaround of less than 10 hours is the exception and not the norm. If turnaround time is less than 10 hours, the production company will be penalised for the corrupted hours.
Crew shall not be booked on a day shoot which falls on the day immediately following a night shoot.
In the event of an early call on the day following a shoot, crew members shall have the right to request to be released prior to the end of the shooting day provided that they make this request before 17H00. This shall not be applicable if the production company has given prior notice of an extended day.
Overtime at time and a half or double time is payable on a standard day. The following crew members are excluded from overtime: runners, trainees and junior assistants in all departments, all production staff and chaperones.
Crew members will be paid overtime as follows: 1st 4 hours x 1.5, thereafter x 2 (refer clause 2.4.1 for exceptions).
Overtime will be charged for in quarter hour increments i.e. Wrap called after the quarter hour will be rounded up and wrap called up to the quarter hour will be rounded down.
Should the last day of shoot wrap after 24h00, a penalty of triple time will be incurred for every additional hour (or part thereof) regardless of whether or not an extended day has been called.
Production will limit the hours worked by Production Assistants to a maximum of
hours per day. On shoot days pro-rata overtime will be paid for hours in excess of 14, should the Production Assistant agree to work these hours.
Standard Day shall mean a day shoot of 10 consecutive hours and applicable overtime hours.
Call time for a standard day cannot be earlier than 03h30. Agents should be notified well in advance, with a minimum of 3 days advanced warning, if call time is any time before 04h00 on the first shooting day. Should sufficient advanced warning not be given, crew may be replaced.
Premium Day shall mean any Sunday, Public Holiday or first night of a night shoot.
Premium days will be paid at 1.5 x the standard daily rate - this applies to all crew. A night shoot on a premium day will only be paid at time and a half.
Overtime rates shall be calculated at premium day rates in respect of premium days. (i.e. 1.5 x time and a half for the first 4 hours, and 2 x time and a half for the hours thereafter)
A premium rate will be paid for all shooting days after 6 consecutive shoot days, until a day of rest is provided. Sundays and Public Holidays will be paid at normal premium rates.
Public Holiday shall mean the following Public Holidays as defined in the Public Holidays Act 36 of 1994, namely New Year’s Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Worker’s Day, Youth Day, National Women’s Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Good Will.
A Public Holiday shall also mean any other Public Holiday deemed as such by
Government should the official Public Holiday fall on a Sunday.
10 GOVERNING LAW; CAPTIONS, ETC.
10.1 This Agreement shall be governed and construed in accordance with South African law.