Film & Video Production Terms & Conditions

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FILM & VIDEO PRODUCTION TERMS & CONDITIONS

FEBRUARY 2009

1. 1. Ownership of Recorded Material

   Monkey Pants Media retains all copyrights and reproduction rights for all raw footage, video files, audio files, edited masters and all copies of each production, whether in whole or in part. The client is granted a licence to use each production. Copying is not permitted. All requests for further use of any description for the production must be submitted in writing to Monkey Pants Media. The copyright for all and any music and lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Monkey Pants Media will remain the property of the author or legal entity owning the copyright.

2. 2. Deposit and Full Payment

   On commissioning a production, the client agrees to pay a deposit of 50% of the agreed projected price of the production. The balance must be paid in full on completion of the production before final tapes are released to the client. Failure to pay will result in the client waiving their licence to use the production. If a shoot is cancelled by the client 7 days or more before the scheduled date, the deposit will be returned in full, less any pre-production costs incurred by Monkey Pants Media. If cancelling within 7 days of the scheduled shoot date, the deposit will be returned in full, less any pre-production costs incurred by Monkey Pants Media and also less a cancellation fee of $250 OR less an additional 10% of the full deposit, whichever is the lesser.

3. 3. Illness or Failure of Equipment

   In the event that a scheduled shoot cannot go ahead, for reasons including but not limited to illness, emergency or failure of equipment on the part of Monkey Pants Media and its employees, all reasonable attempts will be made to reschedule the shoot date. When a reschedule is not possible, Monkey Pants Media will refund in full the client deposit. In the event that a scheduled shoot cannot go ahead due to proven illness or emergency reasons on the part of the client, Monkey Pants Media will make all reasonable attempts to reschedule the shoot date. When a reschedule is not possible, Monkey Pants Media will refund the client deposit in full, less any pre-production costs incurred by Monkey Pants Media.

4. 4. Material Supplied by the Client

   While Monkey Pants Media will make every effort to ensure the safekeeping of the client s personal property while in its care, any materials such as photographs, home videos, documents, props etc which are supplied to Monkey Pants Media by the client for use in a production, are supplied at the client s own risk. No liability will be entered into for damage to or loss of items in Monkey Pants Media s care. Items will be returned to the client upon delivery of the production.

5. 5. Right to Terminate Production

   Monkey Pants Media reserves the right to terminate any production where there is any real, perceived or implied danger to any Monkey Pants Media persons, employees or equipment pertaining to the production. This decision will be made at the sole discretion of Monkey Pants Media. In the case of production termination, all deposits paid by the client shall be forfeited in full and no refunds shall be issued.

6. 6. Location Fees

   The client agrees to pay any and all fees associated with the production, including but not limited to: entry fees, location fees, car parking fees, council fees etc. It is the client s responsibility to secure all permissions for any location shoot to proceed.

7. 7. Editorial and Production Control

   The client grants Monkey Pants Media full editorial control for the production. The client acknowledges and accepts that editing a production may include elements of interpretation and artistic expression. As the sole producer, Monkey Pants Media has artistic control over which segments of a production are recorded, or not recorded or partially recorded and whether they appear in full, in part or not at all. This artistic expression extends also to the design of any printed materials such as DVD covers.

8. 8. Draft copies and re-edits

   Monkey Pants Media will supply one (1) draft copy of an edited production to the client. Any proposed changes, corrections or suggestions must be made within seven (7) days. Proposed changes will be met to the best of the ability of Monkey Pants Media and the client will be supplied a final draft copy to check for errors only. Any late client changes not supplied to Monkey Pants Media at the stage of the first draft may be accommodated at an additional fee to the client, over and above the original agreed Production Fee. The client acknowledges that not all changes are possible.

9. 9. Promotional Material

   The client hereby releases and grants Monkey Pants Media permission to use images, sound, names etc from each production in connection with any display, newsletter, sample DVD, publication, advertising promotion or on the Monkey Pants Media Website pertaining to the promotion of Monkey Pants Media. In return, Monkey Pants Media agrees to use the same in good faith and good taste.

10. 10. Permissions for Persons Filmed

    The client warrants that all participants in each non-public production freely give their consent to having their image/likeness/voice etc recorded and consent to good-faith usage of the above as previously described in Condition #9. The client assumes responsibility for obtaining appropriate permissions and releases from the participants and agrees to notify them regarding any use of their image/likeness/voices.

11. 11. Time Frame

    Monkey Pants Media will endeavour to complete all productions within a time frame of 6 to 8 weeks from the time all materials pertaining to the production have been received. The client acknowledges that every production has different requirements and those requiring a higher level of post-production, including but not limited to use of graphics and animation, may take a longer time frame. A longer completion requirement will not void any contract between the client and Monkey Pants Media. Monkey Pants Media will notify the client when a production is expected to go overtime and shall try to give a new completion date.

12. 12. Liability

    If Monkey Pants Media fails to comply with the terms of this agreement due to any event beyond the control of Monkey Pants Media, including but not limited to illness, accidents, labor disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, Monkey Pants Media liability is limited only to refund of all monies received.

13. 13. Changes to terms and conditions

    Monkey Pants Media reserves the right to change or amend the terms and conditions or any of the information provided on the Monkey Pants Media website at any time and without prior notice.