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ROICE NEL PRODUCTIONS T&Cs (THE LEAST FUN PART OF THE JOB)

There are many words below, but I tried to make less “contracty” and more everyday human

1) CREATIVE BRIEF & DIRECTION

1. Before we even capture a frame the key deliverables should be agreed upon in writing before the start of a project to avoid misinterpretation.
2. If the objectives or intended outcomes change during the course of the shoot, the Client/agency will be made aware of the change and only after all parties are in verbal agreement will the work commence.
3. Roice Nel reserves the right to alter the original pricing at any point if the brief is verbally or non-verbally altered.
4. To aid the creative process, I will provide a wireless video link via Wi-Fi to either for your personal device (you may need to download an APP) or to a provided iPad on set, if there is no budget for a professional video transmission set-up. This way you will always have eyes on what is being shot.
5. Roice Nel and his team work incredibly hard to deliver work to the best of their ability to the allocated budget. If the Client wishes to make changes outside of our creative recommendations, we can no longer guarantee that the work serves it’s original purpose.

2) RATES & TIMES

1. One full day of filming refers to 10 hours of work carried out. If travel is further than 40km from Cape Town CBD it will be included in the working day hours and travel fees will be introduced if the transport is not provided.
2. Occasionally I charge by the half day which is at 60% of my day rate. Overtime or any additional out-of-contract amendments will be charged hourly.
3. A full day of editing, filming, animation or pre-production refers to work carried out by myself. Occasionally additional crew are required and will be outlined as additional costs.
4. A full day of editing refers to an 8-hour work day with an hour lunch. Out-of-office or on-location editing is offered at a 1.5x equivalent. Rush editing is also offered at a tailored rate, bespoke to the individual, client or project.
   We may work across a number of days with fragmented hours to form ‘one full day’.
5. Each project is priced depending on a number of variables, including, the intensity of the shoot and the responsibility of the work. Unseen but included costs are, software subscription/licensing, backups of shoot/editing, equipment maintenance, upkeep and insurance.
6. If the scope of editing changes, we may increase/decrease our rates at any time but this will be agreed apon in writing.
7. Any preparation time or meetings are subject to be charged at our daily pre-production rate.
8. We are required to charge VAT @ 15%, if not mentioned, VAT is excluded.

3) CANCELLATION & POSTPONEMENT

1. SHOOTING: If the Client cancels or postpones a project after confirming a booking, the Client will be subject to pay for all work carried out until that point as well as all sub-contractor and freelance supplier fees. The Client is also subject to pay for loss of work for any dates or time we have set aside due to loss of earnings.
2. If poor weather prevents a shoot, we will do our best to reschedule as soon as possible. If we don’t feel it is appropriate to shoot due to poor weather, we reserve the right to postpone. If the team are in place and able to work, but the Client cancels the shoot, the Client will be liable.
3. In the event of a ‘force Majeure’ (fancy way of saying; unforeseeable circumstances that prevent someone from fulfilling a contract) where we are prevented from working, we are not liable for any breach in contract. Such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, floods, war or acts or threats of terrorism.
4. EDITING: If the Client cancels or postpones a project after editing has begun, the Client will be subject to pay for all work carried out until that point. The Client is subject to pay for loss of work for any dates or time we have set aside.
5. Our shoot and edit time is non-refundable.

4) EXPENSES & EXTRA COSTS

1. General expenses incurred during the project, such as travel, accommodation, food and prop expenses shall be paid for by the Client. If expenses are likely to be significant, we may require the Client to pay the full amount of the expected expense in advance. 
2. Meals are generally expected to be provided by the Client. If this is not the case, we will need prior warning, to either provide meals or include them in our invoice.
3. Travel mileage is charged at AA rates per vehicle.
4. Digital expenses such as music licensing and stock video may be subject to a sourcing fee.
5. The equipment that we own in-house comes included in all our pricing structures as standard. If additional specialist equipment is required and isn’t an item that we own already, we will hire this from a provider of our choice.
6. Where extra expenses are incurred, either as a result of alterations to the original brief or otherwise at the Client’s request, we expect the Client to cover these expenses. 

(Coffee break)

5) OWNERSHIP & USE OF MATERIALS

1. All content created or produced by Roice Nel is owned solely by Roice Nel Productions until final payment is received.
2. We will not provide footage to any third party without written consent from the primary client we are in contract with. 
3. An admin fee may be charged if assets are required after the project has been signed off.
4. We reserve the right to use any completed video and original footage obtained during the project for our own promotions after the material has been released, (Including online portfolio, online marketing, showreel and promotion via social media platforms etc.) unless otherwise stated by the client.
5. Content created for a specific project cannot be used in any other project or future content without specific agreement.
6. Once work is signed off, we will always endeavour to maintain a master copy of all production files, however, cannot be held responsible storage or possible for any damage/corruption or deletion to such files, it is the responsibility of the Client to store finalised products and raw material after the date of completion safely. 

6) AMENDMENTS/EDITING CHANGES

1. At the start of the post production process, I provide a client with a “Cleaned version” (best of the best) of the all the footage, and from there we generate our first edit, followed by our second edit. I like to work this way because at any part of the creative process we can always jump back and look at a different shot or take that may work better and allows us to be on the same page.
2. The editing cost includes two rounds of reasonable amendments per video.
3. ‘One round’ refers to any given number of reasonable changes as requested by the Client
4. These changes must be submitted all at once and deemed reasonable. Any majour changes (e.g structural, core messaging, musical changes, length, brief alteration) are not included in this allowance. 
5. Once the client has acknowledged and accepted the completion of any project, any amendments or changes thereafter will be charged.  

7) PERMISSIONS & RELEASES

1. If a talent, actor or other individual featured in the production are under the age of 18 it is the Client’s responsibility to obtain permission to include them in the project, making them aware that they may also feature in our portfolio of work and our publicity materials.
2. It is our recommendation that you supply and obtain release forms from any identifiable participants to ensure protection against defamation claims.
3. In the event that an individual makes a claim against the work, with or without a release agreement, Roice Nel Productions will not be held responsible for any damages or editing costs incurred.

8) CONTRACT, CREDIT and PAYMENT

1. By verbally or non-verbally agreeing to a costing / project proposal and opening into contract with us, the Client is therefore agreeing to all the above Terms and Conditions on behalf of their department or company. This is a perpetual contract for all future work carried out unless otherwise specified.
2. I am proud of the work I produce, and although I don’t ask for credit (I’m not looking to be a fame slut) If the work isn’t finished by me, I would love to be able to post the work.
3. Any invoices that are not paid within 30 days of the date of invoice may be liable to a penalty fee or have discount removed.
4. We may ask to charge a 50% fee upfront once the project has been approved. The remaining balance will be submitted upon completion and final sign off.

Link to South African Crew Guidelines

https://cpasa.tv/cpa-releases-updated-crew-working-guidelines/

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