PRODUCTION
TERMS & CONDITIONS
Date of last update: 2nd July 2024
Australian Production
1. Nature of Agreement
These terms and conditions are included in your agreement with the Producer (“Hello Television Pty Ltd”). These terms and conditions apply to all productions undertaken for you by Hello Television Pty Ltd. You are deemed to have accepted these terms and conditions if you proceed in your dealings with Hello Television Pty Ltd after receiving notice of these terms and conditions. Unless expressly agreed to the contrary in writing, the Producer will be deemed to have delivered the product if a complete and reasonably acceptable master is made available to you.
2. Fixed Cost Basis
This contract is on a fixed-cost basis. The Producer is entitled to adjust and reallocate the costs which make up the agreed or estimated total. This means that a failure by the Producer to incur a particular cost does not prevent the Producer from allowing for that cost when charging the agreed or estimated total. (For example if there is an amount estimated for wardrobe, the Producer is permitted to reallocate that amount or a portion of that amount to another line item in the budget e.g. location costs).
3. Extra Costs
You acknowledge and agree that the Producer is entitled to charge extra production costs if you change specifications or requirements for the production. The changes, which may attract extra production costs, include, but are not limited to, changes to approved production schedules, treatments, scripts, artwork or storyboards. Previously available goods and services may cease to be available if production schedules change.
4. Payment
The Producer may agree to alter the payment terms prior to production commencing. This will be articulated in the Producer’s estimate. A 50% upfront payment of the agreed or estimated production cost (plus GST) must be paid to the Producer not later than three working days before the first date scheduled for commencement of work. A second payment of 50% (plus GST) is due prior to the delivery of the final master.
5. Cancellation and Postponement
If you cancel the production, in circumstances where the Producer has committed no material breach of agreement, you must:
(a) Reimburse the Producer a 25% cancellation fee of the Total Cost if the production is cancelled after awarding the job but before the 48-hour pre-shoot period (See Clause 5(b)).
(b) Pay the Producer a 100% cancellation fee for all salaries, equipment, sub-contractor's fees, and 100% of all out-of-pocket costs to date for a production cancelled or postponed within 48 hours of scheduled shooting due to circumstances above and beyond the control of the Producer.
(c) If the production involves postproduction, and you cancel after post production has commenced, you must pay for all production and post production costs incurred to that point.
6. Contingency and Weather Days
If a production is frustrated or delayed by bad weather, a contingency beyond the control of the Producer, or some other force majeure, you must, in addition to all other agreed or stipulated payments, pay the Producer:
(a) In the case of weather, all additional costs incurred as a result, including all salaries, equipment, sub-contractor's fees, additional producing costs and all out-of-pocket costs. Or in the even that an amount is specified as a weather day contingency then that amount will be payable.
(b) In all other cases, the direct costs incurred by the Producer in respect of the period in question.
A delay or postponement for more than 30 days in the production or postproduction of a job, which is not caused by a force majeure event, is deemed to be a cancellation.
7. Title and Usage
The Producer is the owner of the intellectual property rights of all films and other copyright subject matter created in the course of production. The Producer is also the owner of all chattels created in the course of production. The copyright ownership of the final master is assigned to you when you have paid all fees due to the Producer for the production. Pending such payment, the Producer retains all rights in that copyright. The operation of s. 98(3) of the Copyright Act 1968, “Ownership of copyright in cinematograph films” is excluded from your agreement with the Producer. Your rights in the production are subject to all bona fide third party rights attaching to the production. This may include, but is not limited to, computer software, models, armature, characters, artistic works and sound recordings. The agreement between the Producer and you does not entitle you or your client to deal with these components separately from the production as a whole. You must not edit, manipulate, re-sequence or otherwise alter the Production after delivery unless by applicable laws governing the Broadcast. You or your client are only entitled to use the production for the purpose, in the media and in the territory agreed before production commenced. Without limiting the Producer’s rights, you must pay such further fees as the Producer incurs and may reasonably charge in the circumstances. If you are responsible for the contracting of actors and other talent, you must ensure that you notify these actors and other talent of the change, and pay due fees accordingly. You license the Producer to do all of the acts comprising the copyright in the production, throughout the world, for the purposes of: (a) entering the commercial in competitions and industry awards; and (b) Promoting the Producer, its contractors and employees.
8. Miscellaneous
You must obtain all necessary licenses and clearances in respect of the production and broadcast of the production, including without limitation, all music synchronisation licenses and Film Library master use licenses excluding those outlined by the Producer in the production estimate agreement. Your agreement with the Producer is made in Australia in which the Producer has its principal place of business. You submit to the non-exclusive jurisdiction of the courts of Australia. Once creative/production is delivered the Producer reserves the right to use the finished product across the Producer’s promotional assets.
Contact us
If you have any questions about these Terms, please contact us by emailing hi@hellotelevision.com.au.