RANGE OF VIEW PRODUCTIONS
TERMS AND CONDITIONS
Delivery and Payment
a) In consideration for the Production Company’s services under this Agreement, the Client agrees to
pay the Production Company the Agreed Quote in accordance with the Payment Terms. After receipt of
payment, whether for current or future jobs there is a 48-hour window for full refund. After this window
there will be NO refunds. Incomplete tasks may be rescheduled and monitored to fit all parties
scheduled within a period.
b) The Production Company agrees that it will perform the Responsibilities and produce the Materials
and the Commercial/s in accordance with best practice industry standards.
a) The Production Company shall submit the Approval Materials as soon as possible and the Company
shall approve or detail their required amendments to the Approval Materials as soon as possible having
regard for the need of the Production Company to proceed to prepare the Materials in accordance with
the Delivery Dates or to change the item in advance of the shoot.
b) Both parties acknowledge and agree that time shall be of the essence in relation to the submission
and approval of the Approval Materials, and that they shall employ their best efforts to perform their
obligations in relation to the Approval Materials.
c) The Company representative should be available to approve Approval Materials as per an agreed
Attendance of Company Representative on Shoot
a) The Company shall provide the Company Authorized Representative, who will attend the shooting
and/or recording and/or post-production of the Client/s at agreed times for consultation and approvals
as may be necessary relating to the content of the Client/s. In special cases, if the selected Authorized
Representative cannot make it, another one shall be authorized to complete the task for sake of
organization and ease to the client; otherwise a later mutually agreed date shall coincide.
Safekeeping of Negative/Videotape/Digital Assets
a) The Production Company shall be responsible for the safekeeping of any negative, videotape, digital
assets during production of the Shoot/s and during their workspace and at all other times up to the
point at which the Materials are delivered to the Client. The Production Company will only hold on to
excess materials up to 10 days following.
b) The Production Company shall not be responsible for the security of the Materials or any other items
in any other circumstances.
c) The Client is responsible for insuring the negative, videotape/digital assets and any other Materials
(including that which remains in the possession of the Production Company) after the final Delivery Date
or the Completion Date (whichever date occurs first).
Legal and Technical Requirements
a) The Client shall be responsible for ensuring that the booking/s and the Materials comply with any
legal or regulatory requirements relating to content and post- production. The Production Company is
not responsible for any additional materials/factors not attached to performance of required task.
Permits and Visas
a) Unless otherwise agreed in writing, the Production Company shall be responsible for obtaining all
relevant permits, licenses or other official authorizations relating to the shoot, including any necessary
visas or work permits in respect of personnel engaged by the Production Company (but excluding any
talent or personnel engaged by the Client).
b) The Production Company will not be responsible for delays, difficulties or inability to obtain visas or
work permits for talent or personnel engaged by the Client.
Copyright and Other Rights
a) Ownership of the Materials and all related property produced under this Agreement shall remain
vested in the Production Company until it has received payment of the entire Agreed Quote.
b) Upon receipt by the Production Company of the total Agreed Quote and any extra charges incurred as
a result of an agreed revision to the Responsibilities, the Production Company shall assign to the Client
all of its copyright in the Materials and the shoot/s once a licensing fee is admitted.
c) Where the Production Company expressly commissions any material from a third party for use in the
shoot/s or uses any existing material which has been created by the Production Company or such third
party for the shoot/s, the Production Company undertakes to obtain either an assignment to the Client
of such copyright as may exist in such materials or, if an assignment is not feasible, or cannot be
negotiated on reasonable terms, a license on terms to be approved by the Client, and at the cost of the
Client, to use the materials in the shoot/s.
d) The Production Company undertakes, wherever possible and practicable, to procure and pass on to
the Client moral rights consents or waivers in a form to be approved by the Client, from the director and
all other persons materially engaged in the creation or production of the shoot/s or any part thereof by
the Production Company.
e) The Client and the Production Company will ensure, wherever possible and practicable, that
appropriate permissions are obtained in respect of any copyright or trademarked material supplied by
the Client or the Production Company, as the case may be, for inclusion in the shoot/s. The party
supplying such material being responsible for its clearance. . f) Where the Production Company agrees
to be responsible for the engagement of actors, other performers or models, the Production Company
undertakes to obtain where possible, all necessary consents from such parties on terms to be approved
by the Client.
If the Client (including where such request occurs for or on behalf of any third party) asks for the
production schedule, Budget or scope of work to be altered:
a) the parties will use their best endeavors to agree new dates and relevant deliverables, and the Client
will be responsible for any reasonable and unavoidable increases in the Agreed Quote or costs arising as
b) if any of the additional costs cannot be agreed, the dispute shall be null and void.
c) any amounts which are not in dispute shall be paid in full by the Client in accordance with the
Payment Dates detailed under this Agreement.
Cancellation & Postponement by Client
a) If the Client cancels or postpones production of the shoot/s in circumstances where the Production
Company has committed no material breach of the agreement, the Client must in all cases reimburse
the Production Company for all direct costs and the total Creative Fee plus the proportions of the
Production Fee as provided in clause 9(b) below.
b) For the avoidance of doubt, the proportion of the Production Fee payable under this clause depends
on the notice period and the type of production but is always additional to the direct costs so that
the Client gives the Production Company 3 or more business days’ notice of cancellation or
postponement of a production, the Client must pay 25% of the Production Fee;
the Client gives the Production Company less than 3 but more than 1 business days’ notice of
cancellation or postponement of a production the Client must pay 50% of the Production Fee;
the Client gives the Production Company 0 business days’ notice of cancellation or postponement of a
production the Client must pay 100% of the Production Fee;
For the purposes of this clause, ‘business day’ means any day Sunday to Monday, since the Production
Company conducts work throughout weekends and holidays.
c) Notwithstanding the above, in all cases of postponement of a production the Company will use its
best endeavors to limit the time period of any such postponement and upon the postponement ceasing,
the parties will negotiate new terms and fees for the production taking into account the length of
postponement, any payments made under this clause, and the financial impact of the postponement on
Contingency & Weather Days & Force Major:
The Client agrees that if a production is suspended, frustrated or delayed by bad weather conditions, a
contingency beyond the control of the Production Company, or by some other force major event which
would include, but are not limited to, storms, tempests, earthquakes, wars, floods, injury, illness or nonappearance of key talent, delay or failure of delivery of goods or services to be supplied by the Client,
whether on-camera product, vehicles or otherwise it must, in such circumstances, and in addition to all
other agreed or stipulated payments, pay the Production Company the costs and fees specified by
Provider in advance or supplied to the Client on request.
a) The Client may terminate this Agreement by fourteen (5) days written notice to the Production
Company if the Production Company commits any material breach of this Agreement, and fails to
remedy that breach within 5 days of receiving written notice identifying the breach.
b) Either party may terminate this Agreement forthwith by written notice to the other if that other party
(being a Client) passes a resolution for winding up (otherwise than for the purposes of a solvent
amalgamation or reconstruction) or a court makes an order to that effect or (being a partnership or
other unincorporated association) is dissolved or (being a natural person) dies, or if either party
becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any
arrangement or composition with its creditors or has a liquidator, receiver, administrator, administrative
receiver, manager, trustee or similar officer appointed over any of its assets or ceases or threatens to
cease to carry on business.
c) In the event of termination by the Client under this clause the Company shall be entitled, without
prejudice to any other rights it may have, to continue and/or complete the production and shall in
addition be entitled on demand to immediate delivery of the Materials to complete the production
and/or to transmit the shoot/s subject to the Production Company receiving payment for any fees
and/or direct costs legitimately incurred or spent by it towards production of the shoot/s in accordance
with the Budget and the Payment Terms.
a) Should a party incur any loss or liability, costs (including external legal costs) or damages as a result of
the other party breaching this Agreement the offending party shall indemnify the non-offending party in
relation to such damage.
b) Each party’s liability under this clause shall be limited to the Production Fee (together with the cost of
any extra work required by the Client and carried out by the Production Company) paid under this
agreement and no party shall have any liability for consequential loss, airtime costs, loss of business
profits or other pecuniary losses.
Each party agrees to insure itself effectively, and to provide on request evidence that such insurances
are in effect, for all actions, claims, losses and demands which may arise out of or in respect of the
performance, non-performance or breach by a party of its obligations under this Agreement as agreed
between the parties including, but not limited to:
a) the non-appearance or inability to complete the scheduled performance of any artist or key
b) the non-appearance, inadequacy or un-usability of any materials or production facilities provided by a
party to the other.
c) loss of or damage to any property as a result of the actions, recklessness or negligence of a party or its
d) the death or bodily injury to artists and other persons caused by or arising out of the negligence or
recklessness of a party or their representatives.
e) risks to the Materials, Commercials or other related material whilst being worked on or transported
by third parties.
f) any responsibility a party may have for providing Liability insurance, Worker’s Compensation
insurance or superannuation to its personnel; and
g) the loss sustained due to the interruption, postponement, cancellation, or abandonment of the
production which arises out of any matter for which the party is responsible.
This Agreement is the entire agreement between the parties relating to the subject matter of this
Agreement and supersedes all previous communications, agreements and other arrangements (other
than those expressly attached to or incorporated into this Agreement by reference). No variation or
assignment of this Agreement shall be effective unless it is in writing and signed by both parties.
The parties agree that: –
a) For the purposes of this Agreement, ‘CPCDP shall mean the Commercial Producers Council Dispute
b) in the event of either party to this Agreement having a claim, complaint or grievance (the ‘complaint’)
against the other party, the claimant shall comply with the CPCDP in force at the time of dispute before
taking any other action, the provisions of which the parties hereby agree to submit and comply; and
c) if the parties agree to mediation: –
i. the mediation shall be administered by mediators recommended in accordance with the CPCDP
ii. the mediator shall be a person nominated from their register of CPCDP accredited mediators; and
iii. the parties and their representatives shall comply with all procedures and time limits identified by the
CPCDP or the mediator.
a) The parties acknowledge a duty to not during or after the termination or completion of this
Agreement to disclose without the other’s prior written permission any confidential information either
concerning the other’s business, or that of the advertiser, its business plans, customers or associated
companies or any other relevant information about the Commercial/s disclosed as a result of this
b) In particular during and after the production the Production Company acknowledges its responsibility
to treat in confidence all the marketing and sales information and statistics relating to the advertiser’s
c) Both parties shall impose obligations in terms equivalent to those above on its own personnel. For
purposes of clarification all information involved in the production of the Materials is of a confidential
nature and may only be discussed outside of the production/standard production procedures with the
express written permission of the Company Authorized Representative.
The Company acknowledges that any payment of the Agreed Quote later than the times required under
the Payment Terms shall attract an interest rate of 3% p/a above the current interest rate set by the
Federal Reserve, with interest to be calculated daily.
Failure of any party to exercise or enforce its rights under this Agreement shall not constitute a waiver
of those rights unless expressly agreed in writing between the parties.
If one or more of the provisions of this Agreement are found to unenforceable, it shall not affect the
enforceability of the other provisions, and the impacted provision shall only be read down to the extent
necessary to give effect to the purposes of this Agreement.