General Terms & Conditions
- The Production Company wishes to lease the property / location for the purposes of filming sequences for the job / picture (defined herein) and acquiring the rights in connection therewith, subject to the Director approving the property / location and the payment of the location fee as defined hereinbelow.
- It is the Production Company's responsibility to ascertain the suitability of the location prior to entering into this agreement. Location Masters will not be responsible should the location not look like the photos on the respective z-cards or website.
- SHOOT DAY/S:
The start date may be changed or the period shortened or extended by the Production Company on reasonable written notice to Location Masters in the event of adverse / unfavourable weather conditions, changes in production schedules or delays due to unforeseen circumstances (eg, force majeure), on terms and conditions no more onerous than those set out in this Agreement.
- FEES AND PAYMENT:
Fees will be negotiated and agreed to between the parties. The Production Company will pay Location Masters the full fee the day prior to the shoot. Proof of payment is to be provided to Location Masters per fax or per email.
- WEATHER BOOKINGS:
- 5.2 Weather bookings are accepted. If a shoot does not go ahead due to adverse / unfavourable weather conditions the Production Company is obliged to make use of the location on another day, within a maximum period of 21 days from the weather cancellation date. If another company requires to confirm the location for the same day as the weather booking, the Production Company is obliged to upgrade to a firm booking, alternatively, to release the booking. Should the Production Company arrive on set, and thereafter elect not to proceed with shooting due to the weather conditions, a 100% cancellation fee will be payable.
- 5.3 If the Production Company does not utilize the location on another day(s), 50% cancellation fee is payable. However, if Location Masters cannot provide the Production Company with another day(s), no cancellation fee is payable.
- TIMES ON SET AND OVERTIME:
STILLS: A standard photographic stills shooting day is 11 hours for a full day and 5 hours for a half day (8am to 1pm and 1pm to 6pm). Overtime is charged at 10% of the daily rate for both full and half day.
FILM: A standard filming day is 12 hours for a full day and 6 hours for half day. A reasonable grace period of one hour to set up and one hour to wrap will be permitted i.e. up to 14 hours for full day; thereafter, overtime will be charged at 10% of the daily rate per hour for 14-16 hours and 20% for 16+ hours; up to 8 hours for half day including set up and wrap, and thereafter overtime will be charged at 10% of the daily rate per hour for 8-10 hours and 20% for 10+ hours.
- 7.1 In the event of the cancellation of a confirmed booking, the Production Company must provide written notice to Location Masters of a period no less than the agreed booking period, eg, a 2 day booking period is to be cancelled on at least 48 hours advance notice. Should a booking be cancelled with less than the prescribed notice, a cancellation fee equal to the daily shoot rate will be charged.
- 7.2 Notwithstanding the aforesaid, any cancellation within 24 hours of the booking date will attract a cancellation fee of 50% of the entire booking fee.
- 7.3 In the event that a confirmed booking is cancelled on more than 24 hours notice before the booking period in circumstances where other bookings for such location were turned down due to this confirmed booking (as is often the case with popular locations) Location Masters will attempt to secure another booking of the location with another Production Company. However, if Location Masters is unable to secure another booking, a cancellation fee of 50% of the entire booking fee will be payable.
- 7.4 It is the Production Company's responsibility to ascertain whether a cancellation fee is due when cancelling a confirmed booking.
- NUMBER OF PEOPLE ON SET:
STILLS: A standard stills shoot constitutes no more than 15 people on location.
FILM: A standard film shoot constitutes no more than 50 people on location.
NUMBER OF VEHICLES ON SET:
STILLS: No more than 2 production vehicles are permitted on location. No trucks and catering tables.
FILM: No more than 30 vehicles are permitted on location, including the standard production vehicles, as well as a dolly and tracks. However this does not include extras such as special effects, cranes, cherry pickers, smoke machines, party scenes etcetera.
- DYNAMICS OF SHOOTS:
Location Masters are to be advised of the dynamics of each and every shoot. Anything out of the ordinary must be communicated so that Location Masters can ensure a smooth shoot with the Property Owner. Dynamics such as two photographers on set, cooking on set, animals, moving furniture, bringing furniture onto location, alcohol, painting, lingerie shoots, nudity or porn, etcetera MUST be divulged. "Double Shoots" or 2 photographers will incur extra charges. Failure to communicate these dynamics with Location Masters will result in a transgression of the rules fine at R750.00 (excl. VAT for stills shoots) and R1 000.00 (excl VAT for film shoots) per transgression.
Incandescent lighting plugged into the location's power supply for shoots will be charged at R100.00 per light per day, unless a generator is being used.
- GENERAL RULES SPECIFIC TO ALL LOCATIONS:
- 11.1 The Production Company will:
- 11.1.1 cover the floors and walls where equipment will be placed.
- 11.1.2 cover all furniture not in use.
- 11.1.3 return furniture back to original position.
- 11.1.4 not smoke inside the premises at all and may not leave any cigarette ends on the property.
- 11.1.5 ensure that noise levels are kept to a minimum, so as not to disturb the neighbours.
- 11.1.6 place all generators as far away from neighbours as possible.
- 11.1.7 advise Location Masters of base camps near locations / or advise Location masters whether base camps are required near the location.
- 11.1.8 keep Location Masters informed in respect of possible overtime or more time required, in which event the overtime provisions as set out above will apply.
- 11.1.9 not make use of any crockery, cutlery, food, beverages, tea or coffee belonging to the Property Owner.
- 11.1.10 not sleep in beds, use linen, towels, or place models on beds or similar belonging to the Property Owner without prior arrangement.
- 11.1.11 only make use of a fireplace, swimming pool, kitchen facilities (cooking) by prior arrangement.
- 11.1.12 remove all rubbish off set on departure (no rubbish to be placed in location bins).
- 11.2 It is the responsibility of the Production Company to ensure that the production managers, employees, guests, etcetera are aware of the rules of the location that they are shooting in.
- 11.3 The Production Company understands and agrees that in most instances the locations are people's homes and that a fine / charge will be levied for the transgression of any rule. Transgression of the rules will result in a fine being levied at R750.00 (excl. VAT for stills shoots) and R1 000.00 (excl VAT for film shoots) per transgression, payable on demand by Location Masters.
- 11.1 The Production Company will:
The Production Company will ensure that that the property is cleaned and returned to the same, if not better, condition than that in which it was found on arrival, at its cost. In the event of a late wrap where cleaning of the location can only be carried out on the following day, a 50% day fee will be charged.
- COUNCIL CONSENTS, NEIGHBOURS AND LETTER DROPS:
- 13.1 The Production Company will do a letter drop to all neighbours within a 500m radius of the location. In respect of shoots that spill over from the actual location onto a public space (such as a street or other), the Production Company is to provide notice to the neighbours a minimum of 48 hours before the shoot by letter drop as stated above. The letter is to include details of the dynamics of the shoot, including but not limited to arrival and departure times of the production crew and staff, contact details, parking arrangement etcetera.
- 13.2 The Production Company will be obliged to obtain all permits, consents and licences as may be required from local council.
- 14.1 The Production Company is to provide proof of insurance in respect of the shoot and public liability cover, to cover any and all injury, death, damages and the like. Such proof of insurance cover is to be on the broker or the insurance company's letterhead.
- 14.2 The Production Company hereby indemnifies Location Masters and the Property / Location Owner from any and all claims and demands of any person of whatsoever nature arising out of or based upon injury or death to persons or damage to property resulting from any act or omission by the Production Company, its employees, agents, sub-contractors and guests in connection with the use of the property / location.
- 14.3 All premiums and any excess payable in respect of any claim is for the Production Company's account.
In the event of any damages, the Production Company will be liable for any and all costs associated with the replacement or repair of any damaged or broken items. The repair or replacement of such item will be at the sole discretion of Location Masters. Payment for such repair or replacement shall be made by the Production Company within 14 days of demand by Location Masters.
- 16.1 Options will only be accepted for a maximum of 4 day periods when only 1 shooting day is required.
- 16.2 When Location Masters contacts the Production Company with the request to either confirm or release an option, the time will be recorded. In the event that the shoot day is more than 24 hours away, a reply must be received from the Production Company within 24 hours. In the event that the shoot is less than 24 hours away, a reply must be received from the Production Company within 2 hours. If no reply is received within this time period, the option will automatically lapse.
- 16.3 Options must either be confirmed or released by 7pm the day prior. If options are not confirmed or released by this time, the option will automatically lapse, unless the Production Company has specifically requested to hold onto the option for that day.
- 16.4 No preference is given to either film or stills Production Companies with options. Preference is on a first come, first served basis.
Under no circumstances is the Production Company to make contact with the Property Owner. All communication is to be with Location Masters only.
- LOCATION VIEWINGS:
The Production Company is required to keep to all appointments made for the viewing of the location. Should the Production Company not be able to make an appointment or be running late they are obliged to timeously inform Location Masters thereof.
Should either party breach any provision of this agreement and fail to remedy such breach within 7 (seven) days after despatch of written notice requiring such breach to be remedied, the aggrieved party shall be entitled, without prejudice to any other right in law, to cancel this agreement forthwith or to claim immediate specific performance of all the defaulting party's obligations whether or not due for performance and in either event without prejudice to the aggrieved party's rights to claim damages. The aggrieved party shall be entitled to receive or retain as rouwkoop or as a genuine pre-estimate of damages or an account of any pending determination by a court of the actual damages sustained, any monies paid by the other party.
For the purpose of all or any proceedings herein, the parties hereby consent to the jurisdiction of the Magistrate's Court otherwise jurisdiction under Section 28 of the Act pursuant to Section 45 of the Magistrate's Court Act 1944 as amended. However an aggrieved party may at his sole option institute proceedings in any other competent Court which has jurisdiction.