Show Production Terms Of Service
The parties agree to meet from time to time as agreed between the parties to consult in good faith with each other over the scripts, storyboarding, editorial content and artistic direction of the Deliverables. However, you will have final editorial and artistic control and responsibility over the Deliverables. Accordingly, it is your responsibility to ensure that the final Deliverables do not contain any defamatory matter or breach any contract or duty of confidence, or incorporate any matter which constitutes contempt of court or breaches any provision of law.
You will appoint a representative (Client Representative) who will have the authority on your behalf to accept as satisfactory the story outlines, scripts, voices, storyboards, design and music of the Deliverables.
You will be responsible for any additional Fees or extension in the Production Schedule arising from any directions given by the Client Representative. The Client Representative will also be available to provide hands-on assistance during filming, where agreed by the parties.
We shall submit Deliverables as set out in the Production Schedule for your review and written acceptance, not to be unreasonably withheld or delayed.
Any changes requested by you in relation to the Production Schedule and/or the Deliverables shall be dealt with in accordance with the following process:
* (a) at any time, you may request changes to any part or parts of the Services, including additional Services, deletions or other amendments (“Change Request”);
* (b) We shall notify you within ten working days whether or not it accepts the Change Request (and you shall provide all such information as we may require in order to respond to the Change Request). If we accepts the Change Request, we shall submit to you written details of any additional Fees payable by you for the change, together with details of any effect on the Production Schedule;
* (c) you shall inform us as soon as reasonably practicable whether it accepts or rejects our submission, and the Production Schedule (including the relevant Fees and timescales) shall be deemed changed or unchanged accordingly. If you do not respond, the submission shall be deemed rejected;
* (d) you shall not submit any Change Request directly to the Principal Subcontractor.
You agree that it will give us access to the your personnel as reasonably necessary for us to provide the Services, and will (as reasonably necessary) instruct your personnel to:
* (a) assist and support us;
* (b) comply with our reasonable requests in making the Deliverables; and
* (c) provide such information as we may reasonably request.
You authorises us to insert, or have the appropriate third party insert, credit for Four and/or the Principal Subcontractor as producer of the Deliverables on the end credits of the Deliverables, with its name and web address printed on all hard copies of the Deliverables and included alongside all online versions of the Deliverables.
Subject to and with effect from payment by you in full of the Fees, and subject to clause we grant and assign to you absolutely the entire copyright throughout the world in all media whether now known or hereafter developed for the full period of copyright and all renewals, revivals, reversions and extensions thereof (and thereafter, in so far as it is able, in perpetuity) including so called rental and lending rights.
This will not apply to any Background Material or Third Party Material. Background Material will remain the property of GOGIGA X or the Primary Subcontractor (as applicable) and Third Party Material will remain the property of the applicable third party licensor. GOGIGA X licenses the Background Material and sublicenses the Third Party Material to you to use within the Deliverables. You will not make any use of Background Material or Third Party Material other than within the Deliverables without the prior written consent from us.
We will execute and deliver such documents and perform such acts as may be necessary for the purpose of giving full effect services, and will use reasonable commercial endeavors to procure that any third parties will also do so as necessary. You will reimburse GOGIGA X for the reasonable costs properly incurred by it in complying with its obligations.
You agree that GOGIGA X may use the your name and intellectual property rights to the extent necessary for the purpose of providing the Services, such as by including them on Deliverables, referring to them in paperwork and in discussions with third parties in order to indicate the nature of the Deliverables, and including them in our own promotional materials and showreels. You warrants that no such use will infringe the rights of any third party.
GOGIGA X and the Primary Subcontractor will have the non-exclusive right for a period of five years from the Delivery Date to use extracts from the Deliverables for its own promotional use in internal and client and prospective client presentations, showreels and on GOGIGA X and/or the Primary Subcontractor’s websites. You will have the right to request to GOGIGA X that the extracts (or any one or more of them) be removed and no longer used by us if you reasonably considers that such use is detrimental to the your reputation or its commercial interests.