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MUSIC
VIDEO CONTRACT RIDER
The following constitutes a rider to the attached contract and
shall be deemed incorporated within the agreement. In the event
of any conflict between the provisions of this rider and the
agreement, the provisions of the rider shall prevail.
I. PAYMENT
It is recognized that the production of music videos is a labor
intensive industry and accordingly prompt payment for services
rendered is of the essence. Title of ownership to the rights
and proceeds of the production company's services shall not
transfer until full payment is made.
II. CANCELLATION AND POSTPONEMENT
The contracting client acknowledges and agrees that the production
company and/or the director is blocking out specific time based
upon a firm commitment from the contracting client. The parties
agree that the following cancellation/ postponement policies
are incorporated as part of this agreement.
1) If notice
of cancellation/ postponement is received one to five business
days prior to the commencement of the shoot, the contracting
client will be liable to the production company for:
- All out of pocket
costs
- Full director's
fee as bid
- Full production
fee on the job as bid
2) If notice of cancellation/
postponement is received more than five business days prior
to the commencement of the shoot, the contracting client shall
be liable to the production company for:
- All out pocket
costs
- Full director's
fee as bid
- Not less than
50% of the production fee as bid
III. CONTINGENCY and WEATHER DAYS
1) A "Contingency Day" shall be defined as any day when a scheduled
film or tape shooting is prevented from occurring due to circumstances
beyond beyond the control of the production company. These circumstances
may include, but are not limited to:
A) Weather
Conditions: (rain, fog, sleet. icy roads, or any adverse condition
that is not consistent with the prescribed shooting conditions
desired by the contracting client)
B) Injury, Illness, or Absence of Client Supplied Elements:
(i.e. key talent, music tracks, etc...)
C) Force Majeure: (Earthquake, Riot, Fire, Flood, Volcanic
eruption, Acts of War, Labor Dispute, etc...)
D) Contracting Client Insured Re-shoots: Any additional day
for a job insured by the contracting client who is therefore
authorizing expenditure.
IV. OVERAGES
If the Production Company shall be required to make expenditures
in connection with the production of the MUSIC VIDEO which exceed
the Approved Budget ("Overages") than the Production Company
shall obtain the Contracting Client's prior written approval.
The Production Company represents and warrants that it will
use its good faith efforts to avoid incurring any Overages.
If the client approves any Overages, such overages shall be
subject to a production fee plus an insurance charge at the
same percentages as in the approved budget. The Client shall
advance to the Production Company the funds sufficient to cover
such Overages within five (5) business days from the Client's
approval of such overages.
V. CLIENT SUPPLIED INSURANCE
If the Client supplies it insurance it warrants and covenants
that the insurance coverage afforded to the Production Company
by the Client shall be as broad as the Production Company's
existing General Liability and Entertainment Risk policies.
The Production Company shall not be responsible for payment
of premiums or deductible amounts associated with the Contractor's
supplied insurance coverage. Contractor agrees to name the production
company as a named insured on all insurance policies supplied
by the Contractor.
VI. SHOW REELS
Client agrees that the aforementioned MUSIC VIDEO may appear
in Production Company's promotional reel(s) together with other
works produced by the Company as part of a non-commercial representative
sample of the Production Company's work.
VII. CURE
The production Company has the opportunity to cure any default
or breach of this entire agreement within five (5) business
days from written notice by client of such default or breach.
VIII. CREATIVE FEE
The Client agrees that any use of the Music Video or its images
other than for the non-commercial promotion of the Artist, promotion
of the album containing the underlying music track, or promotion
of the "single" pf the underlying music track, is subject to
an additional creative fee in the amount of $_(TBD)____ to the
Director of the Music Video. Such a fee is payable to the Production
Company who is acting as an agent for the director.
IX. ARBITRATION
It is agreed that any dispute between contracting parties shall
be resolved by expedited Arbitration pursuant to the commercial
rules of the American Arbitration Association.
Music Video Production Association
1655 North Cherokee, 3rd floor
Hollywood, CA 90028
TEL: 213.466.3080 FAX: 213.466.1517
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