Nimia Production Contract Template
Nimia Production Contract Template
Nimia Production Contract Template
PRODUCTION AGREEMENT
Job # ________
Producer
hereby
agrees
to
produce
and
deliver
to
Client
the
production
of
the
below
referenced
media(s)
(“Specified
Media(s)”),
subject
to
and
in
accordance
with
all
terms,
conditions,
and
specifications
set
forth
herein.
Producer
responsibilities
for
furnishing
media
are
detailed
in
attached
Addendum
A
Production
Specifications
and
Bid
Estimate
Form.
PROJECT
Producer
and
Client
agree
to
the
below
project
summary,
project
contract
price
and
the
more
detailed
production
outline
of
Addendum
A
Production
Specifications
and
Bid
Estimate
Form.
Project
Title
Max
Length
Media
type
Sound
design
Sound
clearance
(seconds
or
minutes)
(35mm,
digital,
anim,
etc.)
(yes/no)
(yes/no)
1.
2.
3.
*Project
does
not
include
subcontracting
a
third
party
editor
or
post
producer.
Due
upon
final
completion
and
delivery
of
all
media:
%
_____
$
_____________.
Client
shall
have
three
opportunities
to
request
edits
or
changes
prior
to
final
completion
and
delivery
of
all
media
QUALITY
It
is
the
essence
of
this
Agreement
that
all
completed
media
and
services
supplied
by
Producer
shall
be
of
applicable
production
standards.
Producer
agrees
that
the
media
shall
be
of
quality,
artistically
produced
with
direction,
photography,
sound,
art,
animation,
synchronization
and
other
physical
and
aesthetic
content
as
agreed
upon
in
the
bid
estimate.
1
1.
FURNISHING
MATERIALS,
SERVICES,
&
RELEASES
offices,
in
connection
with
such
talent,
is
the
direct
responsibility
A.
Client:
Client
shall
supply
scripts,
storyboards,
product
props,
of
the
Client.
production
notes,
music,
celebrity
talent,
creative
8.
DELIVERY
OF
MATERIALS
guidance/supervision,
and
related
clearances,
unless
otherwise
Delivery
of
the
Specified
Media(s)
shall
mean
delivery
of
the
noted
in
the
Addendum
A
Production
Specifications
and
Bid
referenced
media(s)
in
paragraph
1
by
Producer
to
Client.
Estimate
Form.
Producer
is
not
responsible
for
Editorial/Post
9.
PAYMENT
Production
subcontract.
Client
will
supply
track
or
musical
Client
understands
that
the
specified
terms
of
payment
under
this
composition(s)
and
rights
clearances
unless
otherwise
specified.
Agreement
are
based
upon
timely
cash
payments
within
30
days.
B.
Producer:
Producer
shall
deliver
the
completed
project
If
Client
chooses
to
defer
paying
any
amount
beyond
the
date
on
media(s)
pursuant
to
this
Agreement
and
the
requirements
of
which
it
is
due,
Client
may
be
charged
at
the
Producer’s
Addendum
A.
Producer
shall
deliver
to
Client
consents,
waivers
discretion,
as
additional
consideration,
an
amount
equal
to
the
or
releases
from
all
talent
and
all
persons
or
entities
who
have
current
prime
rate
+2%
(as
charged
by
Producer’s
bank
from
time
rendered
services
to
Producer
in
connection
with
the
Specified
to
time)
on
unpaid
amounts
until
paid,
compounded
monthly.
Media(s)
to
the
extent
permissible
by
applicable
union
or
guild
Ownership
of
the
media
does
not
transfer
until
full
payment
is
agreements.
Producer
shall
supply
everything
else
required
for
made
to
Producer.
the
delivery
of
the
Specified
Media(s)
unless
exceptions
are
so
10.
INDEMNIFICATION
noted
in
Addendum
A.
Producer
agrees
to
indemnify,
defend,
and
hold
harmless
Client
2.
CHANGES
IN
SPECIFICATIONS
and
its
officers,
employees,
agents
and
licensees
from
and
against
If
at
any
time,
Client
desires
to
make
any
changes
or
variations
any
and
all
claims,
actions,
damages,
liabilities
and
expenses,
from
the
script(s)
or
storyboard(s)
in
the
Specified
Media(s)
or
arising
out
of
the
breach
of
any
obligation,
warranty
or
from
any
material
or
work
in
progress,
and
such
changes
result
in
representation
of
Producer
in
this
Agreement.
additional
costs
to
Producer,
Producer
agrees
to
notify
the
Client
Contracting
Client
agrees
to
indemnify,
defend,
and
hold
harmless
of
the
amount
before
any
such
additional
costs
are
incurred
and
Producer
and
its
officers,
employees,
agents
and
licensees
from
Producer
shall
proceed
only
after
receiving
approval
(written
or
and
against
any
and
all
claims,
actions,
damages,
liabilities
and
oral)
from
Authorized
Representative,
approval
by
Client
shall
be
expenses,
arising
out
of
the
breach
of
any
obligation,
warranty
or
binding
and
incorporated
into
the
terms
of
this
Agreement.
representation
of
Contracting
Client
in
this
Agreement.
Reimbursement
for
such
additional
costs
shall
be
payable
in
11.
TAX
LIABILITY
accordance
with
the
terms
of
this
Agreement
for
final
payment.
Any
sales
tax,
use
tax,
or
other
tax
payable
on
production
and
3.
OWNERSHIP
delivery
of
Specified
Media(s)
to
Client(s)
(other
than
sales
tax
Except
as
otherwise
provided
herein,
Client
owns
all
rights,
title
arising
from
Producer’s
purchases
of
materials
or
supplies
in
and
interest
in
and
to
the
media(s)
which
are
the
subject
of
this
connection
with
the
production)
shall
be
the
responsibility
of
Agreement,
including
all
copyrights
therein
as
well
as
in
and
to
all
Client
who
shall
pay,
defend
and
hold
harmless
Producer
from
the
exposed
negatives,
positives,
out-‐takes
and
clips.
Client
payment
of
any
such
taxes.
grants
Producer
an
exclusive,
worldwide,
sublicenseable,
12.
ASSIGNMENT
transferable,
royalty
free
license
to
all
media
clips
produced
This
Agreement
may
not
be
assigned
by
either
party
without
the
during
the
course
of
the
contracted
work.
written
consent
of
the
other.
4.
SECURITY/CONFIDENTIALITY
13.
INSURANCE
COVERAGE
Producer
understands
that
some
information
for
said
media(s)
(3)
Client
shall
obtain,
pay
for
and
maintain
Professional
Liability
may
be
of
a
confidential
and/or
sensitive
nature.
Producer
agrees,
(Errors
and
Omissions
Liability)
insurance
covering
all
intellectual
at
Client’s
written
request,
to
require,
within
reason,
those
property
right
infringement(s)
that
arise
from
any
and
all
uses
of
engaged
for
the
production
to
sign
appropriate
agreements
not
to
the
media.
Producer
will
be
notified
in
writing
prior
to
signing
this
discuss
or
disclose
information
about
the
product
or
the
Agreement.
Client
will
obtain
and
maintain
insurance
coverage
Specified
Media(s)
except
as
such
disclosure
may
be
necessary
for
with
respect
to
Agency/Client
job(s)
at
no
cost
to
Producer
and
Producer
to
produce
media(s)
in
the
usual
and
customary
manner
name
Producer
and
Director
as
a
“named
insured”
on
said
policies
under
this
Agreement.
prior
to
the
commencement
of
preproduction.
All
Agency/Client
5.
INDEPENDENT
CONTRACTOR
supplied
insurance
will
be
deemed
to
be
the
primary
coverage
It
is
understood
that
Producer’s
status
under
this
Agreement
is
and
issued
on
a
non-‐contributory
basis.
Agency/Client
Umbrella
that
of
an
independent
contractor
and
that
all
persons
engaged
Liability
limit
will
be
$10,000,000.
Client
will
be
responsible
for
by
Producer
in
performing
its
obligations
shall
not
be
deemed
any
additional
insurance
premiums
resulting
from
the
need
to
employees
of
Client.
purchase
special
coverage
not
provided
by
the
coverage
and
pay
6.
PRODUCER
WARRANTIES
any
and
all
deductibles
associated
with
Client
insurance
program.
Producer
represents
and
warrants:
Client
will
indemnify,
defend
and
hold
harmless
Producer
and
A.
That
Producer
has
full
right
to
enter
into
this
Agreement
and
Director
for
any
and
all
claims,
demands,
actions
including
to
perform
its
obligations
hereunder
and
will
comply
with
all
defense
costs
and
attorneys
fees
for
claims
arising
from
the
applicable
Federal,
State
and
Local
Laws,
ordinances
and
media(s)
and
the
failure
of
the
Agency/Client
insurance
program
regulations
and
with
all
applicable
union
agreements
to
which
to
be
as
broad
as
the
Producer’s
coverage.
Producer
is
a
signatory.
14.
CONTINGENCY
AND
WEATHER
DAYS
B.
That
Producer
will
use
reasonable
efforts
to
obtain
all
licenses,
A.
A
contingency
day
is
any
day
where
a
scheduled
media/film
consents
and
rights
necessary
and
incident
to
the
performance,
shooting
has
been
prevented
from
occurring
due
to
circumstances
reproduction
and
exhibition
of
the
Specified
Media(s)
with
beyond
the
control
of
the
production
company.
respect
to
materials,
elements
and
services
provided
by
Producer.
B.
These
circumstances
may
include
but
should
not
be
limited
to:
7.
CLIENT
WARRANTIES
(1)
Weather
conditions
(rain,
fog,
sleet,
hail,
or
any
adverse
Contracting
Client
represents
and
warrants:
condition
that
is
not
consistent
with
the
prescribed
shooting
A.
Client
shall
pay
Producer
within
30
days
of
deliverables
noted
conditions
desired
by
the
Client).
in
Paragraph
1
of
this
Agreement.
All
talent
union
contracting
(2)
Injury,
illness,
or
absence
of
client-‐supplied
elements
(e.g.
key
forms
(e.g.
“Exhibit
A’s”)
and
the
filing
thereof
with
various
union
talent,
color
correct
products).
2
(3)
“Force
majeure”
(meaning
but
not
limited
to,
earthquake,
riot,
QUARTER
of
the
production
schedule
of
the
job,
that
is
between
fire,
flood,
volcanic
eruption,
acts
of
war,
strikes,
labor
unrests,
the
award
or
start
date
and
the
final
delivery
date,
the
Client
will
civil
authority,
terrorism,
and
acts
of
God).
be
liable
to
the
Production
Company
for:
(4)
“Client
Insured
Re-‐Shoots”
(any
additional
days
for
a
job
(1)
All
out
of
pocket
costs,
including
the
expense
of
all
staff
and
insured
by
the
Client,
who
is
therefore
authorizing
the
free-‐lance
labor
attached
to
the
project.
This
expense
will
include
expenditure).
The
Client
should
be
provided
with
a
contingency
full
payment
through
the
original
completion
date
if
that
labor
is
day
cost
which
should
be
approved
prior
to
proceeding
with
that
not
re-‐booked
by
the
company,
or,
in
the
case
of
the
free-‐lance
shoot
day.
labor,
not
able
to
re-‐book
itself
on
another
project.
C.
The
Production
Company
recognizes
its
obligation
to
minimize
(2)
Full
creative
fees
as
bid.
contingency
day
liabilities
and
will
apply
accepted
industry
(3)
Full
production
fee
on
the
job
as
bid.
cancellation
practices.
C.
If
notice
of
cancellation/postponement
is
given
IN
THE
FIRST
D.
The
Production
Company
will
quote
the
maximum
exposure
QUARTER
of
the
production
schedule
of
the
job,
that
is
between
figure
(a
“not
to
exceed”
figure)
as
a
contingency
day
cost.
This
the
award
or
start
date
and
the
final
delivery
date,
the
Client
will
will
be
a
cost
per
day
figure.
However,
this
figure
does
not
include
be
liable
to
the
Production
Company
for:
the
cost
of
premiums
for
crew
or
suppliers
(i.e.,
should
the
(1)
All
out
of
pocket
costs,
including
the
expense
of
all
staff
and
contingency
day
fall
on
weekends,
holidays
or
premium
days
free-‐lance
labor
attached
to
the
project.
This
expense
will
include
based
on
consecutive
employment).
full
payment
through
the
original
completion
date
if
that
labor
is
15.
CANCELLATION
AND
POSTPONEMENT
not
re-‐booked
by
the
company,
or,
in
the
case
of
the
free-‐lance
A
cancellation
or
postponement
is
defined
as
a
rescheduling
of
labor,
not
able
to
re-‐book
itself
on
another
project.
the
production
to
a
later
specific
date
caused
or
directed
by
Client
(2)
Not
less
than
50%
of
creative
fees
as
bid.
or
a
total
cancellation
of
the
project.
(3)
Not
less
than
50%
of
the
production
fee
on
the
job
as
bid.
If
the
Production
Company
blocks
out
a
specific
period
of
time
16.
PUBLICITY
GUIDELINES
with
the
agreement
that
it
represents
a
firm
commitment
from
Until
notified
in
writing
by
Client,
Production
Company
and
the
Client,
then
the
Production
Company
makes
no
further
efforts
Director
each
have
a
revocable
license
to
use
finished
media(s)
for
to
sell
the
time.
If
the
job
is
canceled
or
postponed
within
the
promotional
purposes.
Guideline
time
frame,
it
is
unlikely
that
this
time
can
be
re-‐ 17.
DISPUTE
RESOLUTION
booked.
It
should
be
understood
that
this
time
represents
the
The
prevailing
party
in
any
legal
action
shall
be
entitled
to
Production
Company’s
only
source
of
income.
attorney’s
fees
and
costs
in
connection
with
the
legal
Cancellation
and
Postponement:
Film
or
Digital
Video
proceedings.
Production:
18.
ENTIRE
AGREEMENT
AND
MODIFICATION
A.
If
notice
of
cancellation/postponement
is
given
to
the
This
Agreement
and
any
Addenda
attached
hereto
shall
constitute
Producer
ONE
TO
TEN
WORKING
DAYS
prior
to
the
the
entire
agreement
between
Producer
and
Client.
Any
commencement
of
the
shoot,
the
Client
will
be
liable
to
the
amendment
hereto
must
be
in
writing
and
signed
by
each
party.
Production
Company
for:
19.
CAPTIONS
(1)
All
out-‐of-‐pocket
costs;
(2)
Full
director’s
fee
as
bid;
and
(3)
The
captions
are
inserted
only
as
a
matter
of
convenience
and
for
Full
production
fee
on
the
job
as
bid.
reference
and
in
no
way
define,
limit
or
describe
the
scope
or
B.
If
notice
of
cancellation/postponement
is
given
ELEVEN
TO
intent
of
this
Agreement
or
of
any
provision
hereof.
FIFTEEN
WORKING
DAYS
prior
to
the
com-‐
mencement
of
the
20.
NO
WAIVER
shoot,
the
Client
will
be
liable
to
the
Production
Company
for:
Failure
of
any
party
to
this
Agreement
to
exercise
any
rights
shall
(1)
All
out-‐of-‐pocket
costs;
(2)
Not
less
than
50%
of
director’s
fee
not
constitute
a
waiver
of
those
rights.
as
bid;
and
(3)
Not
less
than
50%
of
production
fee
on
the
job
as
21.
ENFORCEABILITY
bid.
If
one
or
more
of
the
provisions
of
this
Agreement
shall
be
held
C.
If
notice
of
cancellation/postponement
is
given
MORE
THAN
unenforceable,
it
shall
not
affect
the
enforceability
of
the
other
FIFTEEN
WORKING
DAYS
prior
to
the
commencement
of
the
provisions.
shoot,
the
Client
will
be
liable
to
the
Production
Company
for:
22.
EQUAL
OPPORTUNITY
(1)
All
out-‐of-‐pocket
costs;
(2)
Not
less
than
25%
of
the
director’s
In
connection
with
its
performance
hereunder,
Producer
agrees
fee
as
bid;
and
(3)
Not
less
than
25%
of
the
production
fee
on
the
not
to
discriminate
against
any
employee
or
applicant
because
of
job
as
bid.
race,
religion,
sexual
orientation,
color,
sex,
national
origin,
age,
Cancellation
and
Postponement:
CGI
or
Animation
Production:
disability,
or
any
other
factor
protected
by
federal,
state
or
local
A.
If
notice
of
cancellation/postponement
is
given
MORE
THAN
law.
HALFWAY
THROUGH
the
production
schedule
of
the
job,
that
is
23.
APPLICABLE
LAW
between
the
award
or
start
date
and
the
final
delivery
date,
the
This
Agreement
shall
be
interpreted
and
governed
by
the
local
Client
will
be
liable
to
the
Production
Company
for
the
full
cost
of
laws
of
the
jurisdiction
where
the
Production
Company
office
the
job
as
a
bid.
authorizing
this
Agreement
is
located
as
set
forth
on
Page
1
of
this
B.
If
notice
of
cancellation/postponement
is
given
IN
THE
SECOND
Agreemen
3
Agreed
and
signed:
4