Live Streaming Terms Of Agreement:
Big Jam Studios (Producer) hereby agrees to film and broadcast to you the (Client) the production of the referenced project subject to and in accordance with all terms, conditions, and specifications set forth herein.
1. CHANGES IN SPECIFICATIONS
If at any time, Client desires to make any changes or variations from the
completed project, script(s) or storyboard(s) in the Specified Media(s) or
from any material or work in progress, and such changes result in
additional costs to Producer, including person hours, reimbursement for
such additional costs shall be payable in accordance with the terms of this
Agreement for final payment.
2. 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 project title except as such disclosure may be necessary for Producer
to produce the project title in the usual and customary manner under this
Agreement.
3. INDEPENDENT CONTRACTOR
It is understood that the Producer’s status under this Agreement is that of
an independent contractor and that all persons engaged by the Producer in
performing its obligations shall not be deemed employees of Client.
4. PRODUCER WARRANTIES
The Producer has full right to enter into this Agreement and to perform its
obligations hereunder and will comply with all applicable UK and Local
Laws, ordinances and regulations and with all applicable union agreements
to which Producer is a signatory.
5. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless the Producer and its
officers, employees, agents and licensees from and against any and all
claims, actions, damages, liabilities and expenses, arising out of the
breach of any obligation, warranty or representation in this Agreement.
Client shall indemnify Producer against all claims and expenses arising
from uses for which the client does not have rights to or authority to use.
The client will be responsible for payment of any special licensing or
royalty fees resulting from the unauthorized use of graphics, music, video,
film, photography, design, animation, and branded content.
6. INTERNET
The Producer has undertaken a professional internet communications provider
offering a suitable service for professional video streaming. In the event
that this service is interrupted resulting in a loss of stream, the
Producer will offer a re-scheduled broadcast at a timeframe agreed by both
the Producer and Client. The Client agrees to receive no financial refund
of any kind from the Producer unless a new broadcast date is not agreed.
The Client agrees to indemnify defend, and hold harmless the Producer and
its officers, employees, agents and licensees against any lawful action in
relation to internet technical faults. Any financial remuneration is
limited to any fees already paid by the Client for the Project.
6. ASSIGNMENT
This Agreement may not be assigned by either party without the written
consent of the other.
7. INSURANCE COVERAGE
{ l ) Producer shall always be covered by a suitable public liability
insurance policy.
{2) Client will be responsible for any additional insurance premiums
resulting from the need to purchase special coverage not provided by the
standard coverage and pay any and all deductibles associated with Client insurance
program. Client will indemnify, defend and hold harmless Producer for any and all claims, demands, actions including defense costs
and solicitor fees for claims arising from the Production and the failure
of the Agency/Clients insurance program to be as broad as the Producers
needs.
8.CANCELLATION AND POSTPONEMENT
A cancellation or postponement is defined as a rescheduling of the
production to a later specific date caused or directed by Client or
Producer. In the case of the Producer enforcing any rescheduling, the terms
of this agreement carry over to the new date with no additional cost. In
the case of the Client requesting any rescheduling, the terms of this
agreement will be applied. The Client accepts if the Producer blocks out a
specific period of time with the agreement that it represents a firm
commitment from the Client, then the Production Company makes no further
efforts to sell the time. If the job is canceled or postponed by the
Client within the guideline time frame outlined below, it is unlikely that
this time can be rebooked. It should be understood that this time
represents the Production Company’s only source of income.
A. If notice of cancellation/postponement of agreed filming date is given by the Client to the Producer ONE TO SEVEN WORKING DAYS prior to the commencement of the shoot/works, the Client will be liable to the Production Company for:
(1) All out--of--pocket costs incurred on the project so far.
(2) 50% of the production fee on the job as agreed.
(3) Any fee’s the Producer or Client have agreed with actors, venues,
equipment hire and additional freelance videographers.
B. If notice of cancellation/postponement is given MORE THAN EIGHT WORKING DAYS prior to the commencement of the shoot/works, the Client will be liable to the Production Company for:
(1) All out--of--pocket costs incurred on the project so far.
(2) 100% of the production fee on the job as agreed
9. PUBLICITY GUIDELINES
Until notified in writing by Client, the Producer
has a revocable license to use finished media(s) for promotional purposes.
10 . ENTIRE AGREEMENT AND MODIFICATION
This Agreement and any Addenda attached hereto shall constitute the entire
agreement between Producer and Client. Any amendment must be in
writing by e-mail and confirmed as read and agreed by the Client and Producer.
11. NO WAIVER
Failure of any party to this Agreement to exercise any rights shall not
constitute a waiver of those rights.
12. ENFORCEABILITY
If one or more of the provisions of this Agreement shall be held
unenforceable, it shall not affect the enforceability of the other
provisions.
23. APPLICABLE LAW
This Agreement shall be interpreted and governed by the local laws of the
United Kingdom