General order and delivery conditions of
1.1 The general order and delivery conditions of the film and music industry in Austria, apply to all contract productions, with the exception of promotional films. They are fundamentally for legal transactions between businesses and are an essential part of every offer and every contract. Should there be exceptional legal transactions made with clients, under the current Consumer Protection Act BGBl Nr 140/1979, they are only valid in so far as they do not contradict the first main part of this law. A legal binding of the producers occurs only through the business confirmation of the offer/order (confirmation is permitted through fax or e- mail with a digital signature) or with the undersigned contract. With the undersigning of the contract, or with the order-confirmation, the general order and supply conditions will have been accepted.
1.2 The client’s production of the film, regardless as to the carrier material, follows on the basis of the approval of the screenplay being made available to him, or his acceptance of the written conditions of the offer. The producer`s, or on his behalf developed treatments, scripts, drawings, plans and similar documents, remain as his intellectual property, provided that no use for this can be found in the film or no fee has been agreed upon. Any use, in particular the disclosure, reproduction and publication requires the explicit approval of the producer. Any delivered contracting documents to the client, may be required to be returned.
1.3 In the production contract or the accepted offer, it is stipulated for which distribution areas, media coverage and time periods the film is to be produced.
2.1 In the contractually agreed price, are all the production costs and a demonstration first copy as in the intended measures contained in the rights granted, in accordance with section 7.2.
2.2 Filming postponements due to weather (weather risk), are usually not included in the calculated production costs. In this bracket, additional costs plus OPEX (OPERATION EXPENSE) will be included in the invoice.
2.3 An extra contract can be drawn up for the production of treatments or scripts. In this contract, the agreed price by the client must also be paid when the treatment or script cannot be filmed, or resignation of the contract takes place. If a screenplay or a previously existing film is made available by the client or a from him appointed trustee, the full legal transfer is to be carried out with the producer.
2.4. If the client requires the completion of a particular insurance, he is to inform the producer of this no later than the conclusion of the contract and reimburse the costs.
2.5 The client bears the cost of any expert advice he may seek out of his own accord.
3 PRODUCTION, MODIFICATION, FOREIGN LANGUAGE VERSIONS, DELIVERY DEADLINE
3.1 Filming begins at the earliest, only after the undersigning of the production contract or the acceptance of the offer has taken place.
3.2 The responsibility of the artistic and technical design of the work, lies by the producers. The producer is to instruct the client as to the location and intended running of the film.
3.3 Should the client require changes in the film’s timing arrangements, the manuscripts, the script or already produced parts of the film, these are to be made at his own expense with the exception of legitimate complaints. The producer is to inform the client without delay, of the anticipated cost of these changes.
3.4 Should the client, after acceptance of the film have further requirements for change, he is to put these changes in writing. The producer has the obligation and the authority to make these changes, the costs of which are to be borne by the client.
3.5 If, for artistic or technical reasons, any amendments are proposed by the producers after the approval of the script has taken place, that lead to additional costs beyond the agreed upon production price, they will require prior written consent of the client. Not explicitly approved additional costs can not be claimed. The length of the film is stipulated in the production contract. The terms are considered to be met if the difference in length of the final cut is no more than 5% of the agreed upon length.
3.6 In the case of the production of foreign language versions of the film through subtitling or dubbing, a corresponding agreement must be made.
4.1 The producer is committed to produce a technically perfect product. He expressly provides a guarantee that the production has faultless sound and picture quality.
4.2 If in the production of the film circumstances occur, which make conventional production not possible, so the producer must expect to represent himself for gross negligence. The same applies if the film is not completed in the arranged time. The inability to manufacture, or the non-timely completion of the film, for which neither the client nor the producers are responsible, allows only that the client withdraws from the contract. The previously provided services plus OPEX will however be charged
4.3 Defects, recognized by the producers are to be removed by him. If these corrections can not be carried out without the participation of the client or his advisor, the producer can, after unsuccessful corresponding attempts at corrector over a statutory period of at least two weeks, regard the contract as fulfilled. The producer is entitled to refuse the elimination of the mistakes until the time designated for the correction of the mistakes is over.
4.4. The producer is liable for all legal violations committed by him during the production. However the client carries the risk of any props that have been made available to him.
5 RESIGNATION OF THE CLIENT FROM THE CONTRACT
5.1 If the production contract has been issued and the client, through no fault of the producers resigns from the contract, the producer is entitled to include the actual net cost, the share in OPEX and the total profit loss in the invoice.
5.2 In the event of an order resignation which occurs in the period between 10 and 4 days before filming begins,the producer is entitled to include 2/3 of the calculated net cost accepted by the client, plus OPEX and the total profit loss, in the invoice.
5.3 By an order resignation from the client which occurs between 3 and 1 days before filming begins, the total calculated commissioned cost will be invoiced.
6.1 Unless otherwise agreed, the following payment conditions apply:
50% when the contract is signed
50% when the production is inspected
6.2 Details of the Payment as Follows:
550€ - Equipment Wear and Costs, Cinema Camera, Gopro, Gimbal, Microphone, Storage, Computer Systems, Insurances, Video and Sound Systems.
This cost will increase by 200€ when Filming more than 1 hour of Data.
600€ - Drone Costs for Day Flight
1500€ - Day Physical Work for Filming and Video Editing, including 2 Revision
950€ - For extra day Project
Traveling Cost Varies
Extra Costs Varies - Models, Hires, License, etc
Extra Revision 100€ within 1 minute footage of production, extra minute is extra 100€
7 COPYRIGHTS, PATENT RIGHTS
7.1 The film will be produced on the basis of the script accepted by the client and the film producer. The producer has § 38/1 Urh.g at his disposal concerning all the necessary patent copyright rights (except if they concern a copyright company), in particular those necessary in fulfilling the contract`s requirements for distribution, transmission, performance and protection even after the completion of the work managed by him.
7.2 It is to be agreed upon in the production contract, after the full production costs have been paid, to what extent the utilization rights (spatially, temporally) are permitted.
7.3 Excepted from the rights in every case from those permitted, are the rights for duplication, adaption, addition, foreign language dubbing and the use of excerpts in picture and/or sound, in as far as they have not been contractually, expressly agreed upon and for which at least lost profits to the production have been paid separately. This is without prejudice to any claims for damages.
7.4 The client should expressly declare himself in agreement, with the statutory declarations made by the producer to the appropriate copyright companies.
7.5 To secure the copyright rights, the raw material (picture and sound), in particular negatives and master tape as well as the rest-material, remain with the producers.
7.6 The producer commits himself, in lieu of costs, to the appropriate professional storage of the original of the delivered visual and audio material. The storage period is seven years for television productions and five years for all other productions.
7.7 In as far as the rights excepted from those permitted, as in section 7.3, are compensated and contractually assigned for utilization by the client, he claims liability as in section
7.6 for the storage, insofar as not otherwise agreed.
7.8 With the delivery of the film the risk for the copied documents goes to the client, even if the film is in storage by the producer or a printing laboratory assigned by him.
8 OTHER PROVISIONS
8.1 The opening title credits and the closing credits are part of the script, and are to be approved by the client.
8.2 The producer is entitled to display his company name and it`s logo as part of a copyright notice. He also has the right to show, or have shown, the film for competitions and festivals as well as for self-promotion (example). For self-promotion, the use of excerpts, or other visual material on the producer`s own web-page is permitted as long as the promotional presentations remain unchanged.
8.3 In the case where a number of clients are granted the contract for a film, it must be retained in writing which client has the power of attorney over the other clients as to the clarification of the producer`s preceding delivered points. This applies particularly to the notation of those persons responsible for the inspection of the film.
8.4 Insofar as several co-producers are contracting-partners of the clients is the definition of point 8.3 logical.
8.5 Changes in the production contract and/or the production conditions require written confirmation.Should, through a provision in the production contract, manufacturing and supply conditions be ineffective, so is the validity of the remaining provisions not affected.
8.6 The completion of the contract is to be carried out at the headquarters of the producer.
8.7 In the event of disputes, an agreed upon competent court is to be summoned to the producer`s headquarters. This court must be in compliance with Austrian law
9.1 The Client agrees that, having provided, or been given an opportunity to provide creative input to the Project prior to and during the Shoot, any Client dissatisfaction with the final product on creative or artistic grounds does not constitute failure on the part of Everglade Pictures Productions to fulfil its obligations under this Contract, nor does it offer the Client grounds on which to refuse to pay the full Remuneration to Everglade Pictures Productions
9.2 The Client agrees that any requests for changes to the Treatment and the Production Design made after the signature of this Contract or approval of the Treatment cannot be guaranteed to be accommodated. This includes any suggestions made by the Client or its affiliates during the Shoot or Post Production, particularly the submission of additional or contradictory reference material;
9.3 Everglade Pictures, before the shoot, will ensure that their equipment and that of any hired in, is in working order and up to standard prior to the shoot however technical difficulties can occur unexpectedly and whilst every effort will be made to deal with these on the day they cannot always be dealt with – this includes, but is not limited to batteries dying, camera errors including subsequent discovery of dropped frames on the tapes, light bulbs blowing, power supplies failing, digital storage media failing – including but not limited to compact flash cards and SSD cameras;
9.4 Everglade Pictures shall not be held liable if unable to carry out any provision of the contract for any reason beyond its control (force majeure) including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract.
9.5 The Client agrees that Everglade Pictures shall be allowed to reschedule any part of the shoot where foreseeable adverse weather conditions could impact either the filming schedule or the finished product;
9.6 Everglade Pictures is not liable to bear the cost of any re-shooting where the need for such re-shooting has been caused by adverse weather conditions or such items beyond its control as, but not limited to; failure of the artist or any other performers to attend the shoot in a timely manner or to attend at all, cancellation or postponement by the Filming Location(s).
9.7 The Client agrees that, at minimum, the Main Client Contact shall be available for consultation during Post-Production, so that the finished product may be completed in a timely manner, respective of the Production's schedule or by any deadline required by the Client, failure to do so will result in Everglade Pictures taking creative decisions on behalf of the Client;
9.8 The draft product is not available for public viewing and any parties connected with the Client may only view it subject to the express permission of both the Client and Everglade Pictures;
9.9 The Client will provide any photo gallery images, logos or additional material required for the completion of the finished product and do so in a timely manner so as not to adversely impact the Post-Production schedule. Further to this the Client agrees that any perceived deficiencies in the Finished Product caused by deficiencies in the above material are not the responsibility of the Everglade Pictures Productions. Everglade Pictures reserves the right to refuse to include any such material provided in the project, specifically video footage produced by parties other than Everglade Pictures Productions;
9.10 The Client agrees that they are not entitled to display or distribute any copies of the Project, whether it be the Finished Product or other versions or segments of the project, until full remuneration has been received by Everglade Pictures Productions, unless explicitly agreed otherwise in writing between the parties;
9.11 Project or raw materials of, shall not be released to the Client for work to be carried out on it;
9.12 Everglade Pictures Productions accepts no liability for failure to deliver the completed Project on any requested date due to unavailability of the Client for consultation on filming, editing or review of the Project. Further, the Client agrees that Everglade Pictures may not be held liable for any consequences to the Client, including but not limited to; loss of revenue or publicity, missed deadlines or future opportunities, where such consequences are a result of the Client’s failure to comply with the terms of this Contract. Further, the Client agrees that Everglade Pictures may not be held liable for any consequences to the Client where Everglade Pictures has materially fulfilled the terms of this Contract;
9.13 The Client agrees that material relating to the Project will appear on Everglade Pictures’ website and that Everglade Pictures legally holds the copyright to the material at all times, unless bought out by the Client at a mutually agreed cost;
9.14 The client may not resell, re-license, redistribute without express written permission from Everglade Pictures. use as a derivative work, or reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos or service marks.
9.15 The Client agrees that neither this contract, nor Everglade Pictures, offers any guarantees as to the likelihood of the Finished Product receiving TV exposure.
9.16 Everglade Pictures agree to provide clips of footage from the project (where requested), for use on the Client’s website;
9.17 Everglade Pictures retain the original recorded media (digital tape, digital recordings, rushes etc.) and keep this for a period of not less than 1 month from the start date of the Shoot, and shall own the copyright within said original recorded media and edited product. Copies of the full recording to own all copyright shall be made available to the Client upon request, but at additional cost (“buy out”) borne by the Client. Unless requested earlier, after a period decided by Everglade Pictures, the Client shall have the opportunity to purchase the original recorded media for a mutually agreed price. Notwithstanding the above, where the Client has not purchased the original recorded media within a period one month from the start date of the Shoot, Everglade Pictures reserves the right to dispose of it;
9.18 Everglade Pictures stores the Finished Video Productions for a lifetime.
9.19 If the Cleint request that Everglade Pictures extends the (Raw Footage) Lifetime longer than a month, this will cost 100€ a Year including access to Online Storage