General Terms and Conditions
On behalf of Arawak Cine Pty Ltd and Rod Cumberbatch
This agreement formalises the established work practice and etiquette by which we operate. The following points form the basis of our engagement, subject to conditions being agreed in writing.
We operate with goodwill and enjoy a fair and safe workplace, we hope that you view our terms and conditions as reasonable. Please negotiate or clarify any points prior to the project.
Projects are accepted by Arawak Cine Pty Ltd at the price agreed and quoted in writing. Prices may vary due to supplier costs or subsequent client requirements. Any such additional costs will be advised as soon as they become apparent.
Bookings are accepted subject to availability and may be confirmed or placed on hold or pencilled at the time of booking. A hold may be cancelled by either party.
Confirmation of a booking must be received in writing before any project takes place.
Priority will be given to confirmed rather than pencil or hold bookings.
A hold or pencil is considered confirmed 48 hours prior to the day of the booking unless cancelled or negotiated. These times are measured by business days, excluding weekends and public holidays.
The responsibility for cancellations remains with the Production Company and or the Production Team.
Work Day Times
Arawak Cine Pty Ltd office working times are between Monday to Friday 09.00 - 18.00 Rod Cumberbatch can be contacted directly on +61 400 676541 or email: email@example.com.
Work times are considered to be from the call time to wrap in the Melbourne metro area (30kms radius of Flinders Street Station in the Melbourne CBD). In all other national and international locations base to base inclusive of lunch, travel and appropriate breaks.
Call times is considered to be from the first requirement of the day. Wrap is defined as the departure from the final location or the final requirement of the day.
Work day or overtime buy-out is bound by a limit on working hours set as 14 hours on production days and 16 hours on travel days, excluding long haul flights.
Overtime is charged per hour or part thereof, applicable to all productions unless specifically negotiated.
Personnel quoted inclusive of equipment will be charged at the rate of 1 times the hourly rate. Personnel quoted separately to equipment will be charged at 1.5 times the hourly rate. Beyond 14 hours double and triple time rates apply respectively.
Weather holds or special requirements to be specifically negotiated.
Arawak Cine Pty Ltd endeavours to operate in a safe workplace were health and safety is considered and maintained at a high priority. All personnel reserve the right of refusal.
As per Australian Workplace legislation minimum 10 hour turn around between wrap and call time is required between locations.
Productions must notify Arawak Cine Pty Ltd of all reasonably foreseeable risks related to the project. The risks include such environments such as exposure to sand, salt, water, dust, biological and chemical agents, working at hight.
Productions planning to shoot in hostile environments such as areas of civil unrest and declared hostilities must notify Arawak Cine Pty Ltd.
An opportunity for a meal break is required every five hours, one hour of overtime will be charged as per missed break by Arawak Cine Pty Ltd.
Equipment requests will be adhered to as closely as possible, were specific models or items are unavailable a suitable replacement will be sought by Arawak Cine Pty Ltd.
Rental equipment sourced on behalf of a production may incur a 20% handling fee. Whilst Arawak Cine Pty Ltd will check all pieces of equipment no responsibility will be accepted for equipment rented on behalf of the production.
In the event of technical failure or loss involving Arawak Cine Pty Ltd owned equipment (excluding dry hire sales) Arawak Cine Pty Ltd shall bear the cost of equipment replacement in Melbourne.
An equipment list may be provided as a guide for the production team and delivered onto location as deemed appropriate.
On locations where hire cars or air travel is involved, productions required to incorporate enough time in the call sheet schedule for equipment to be packed up appropriately.
The hirer accepts that all equipment is in good working order prior to leaving the Arawak Cine Pty Ltd premises.
Tape, disc, and hard drive stock are the responsibility of the production. Arawak Cine Pty Ltd can supply tape, discs, or hard drives with 7 business days notice.
Arawak Cine Pty Ltd will not hand over original Sony SxS memory cards to productions, however we will transfer footage from the original SxS memory cards on to hard drives. We advise that any data footage on hard drives to be backed up on two separate hard drives for security and stored at different locations.
It is the responsibility of production to inform Arawak Cine Pty Ltd in writing if a back up hard drive is required to be stored with Arawak Cine Pty Ltd on a temporary basis, as additional cost may apply.
Any footage for a production held by Arawak Cine Pty Ltd will be automatically erased 48 hours after shooting unless there are any special agreements.
Payment, Invoicing, Copyright
Invoices will be submitted for payment upon completion of work and payment is due within 14 days of receipt of the invoice.
Payment terms are strictly 14 days (net), or as stipulated on the invoice.
Late payment may lead to late fees charged at the rate of 10% per month. Failure to pay within 90 days of the invoice date may result in legal action.
Unpaid invoices which total $5,000.00 AUD will have services suspended until full payment has been received.
Original receipts are retained for Arawak Cine Pty Ltd accounts, any additional charges will be itemised on the invoice.
Copyright of all recorded materials remain the property of Arawak Cine Pty Ltd until full and final payment has been received, upon which time the Copyright transfers to the client.
Arawak Cine Pty Ltd retains rights to utilise the work in a repertoire, portfolio or showreel for future promotion, the client retains all other major usage rights.
Transport and Mileage
Tolls and parking fees incurred in the course of production are invoice to the production.
Travelling by road out of Melbourne incur a charge for mileage, this is measured base to base. Locations beyond 30Km from Flinders Street Station is considered beyond the Melbourne CBD.
Locations beyond the first 20Km of Flinders Street Train Station in the Melbourne CBD will be charged at $0.81 per Km.
Transport provided by the Production must meet adequate safety, comfort and security standards, or be negotiated with respect to the nature of the production.
Airport transfers and/or Airport parking will be billed to the Production.
Daily working hours and travel days are measured base to base in all national and international locations beyond Melbourne, inclusive of lunch, travel and appropriate breaks.
Per Diems must adequately cover meals, telecommunications and weekly laundry with respect to schedule and destination. Alternate arrangements welcomed.
Travel and rest days are only considered to be that where no filming takes place.
Reconnaissance or Recce’s are welcomed on Travel Days given it is of reasonable duration, and that the site is en-route or within reasonable proximity of the crew accommodation.
Accommodation and Transport provided by the Production must meet adequate safety, comfort and security standards, or be negotiated with respect to the nature of the project.
Overseas (Visiting) Productions
All required payments must be received prior to the commencement of filming.
Final payment including incurred costs is due upon completion of each schedule.
Continuation of services beyond the schedule is negotiable.
Discontinuation of services within the schedule incurs applicable cancellation fees and immediate air transport to Melbourne for personnel and equipment.
Scheduled payments are negotiable for long term projects.
Recorded materials may be withheld until receipt of due payment. When recorded materials are withheld, returns will be arranged upon receipt of payment via the Production’s means and expense. All due care taken, no responsibility accepted for losses.
Handling of any equipment supplied by Arawak Cine Pty Ltd is restricted to an authorised personnel. Damage caused by handling by unauthorised persons or actions of personnel associated with or employed by the production will be charged to the production. Authorisation is restricted to senior personnel in the Camera, Sound, Lighting and Grip departments.
Unforeseen or Sudden Termination of a Project
In the event that we are unable to continue working due to sudden illness or injury, Arawak Cine Pty Ltd will endeavour to find a competent replacement. We will liaise with the production team to make provision for the hand over of files or assets for a project. Production will be invoiced for the work done up to that point.
Insurance / Liability
Arawak Cine Pty Ltd is covered by Public Liability insurance. Arawak Cine Pty Ltd’s liability due to illness, errors, omissions, professional negligence, technical or mechanical failures, and/or effects of crime shall be limited to the equivalent of the booking fee of the time.
Every effort will be made by Arawak Cine Pty Ltd to be flexible and understanding in relation to the changing nature of production schedules, however, for advance bookings that have been confirmed in writing by the client, the following cancellation terms apply:
Cancellations are recorded via personal contact, recorded message or text on mobile telephone +61 400 676541. Email: firstname.lastname@example.org
Cancellations within 48 hours of job start date – 50% agreed rate charge applicable
Cancellations within 24 hours of job start date –100% agreed rate charge applicable
Once a booking has been confirmed to Arawak Cine Pty Ltd cancellation fees will be charged at the rate of 50% within 48 hours and 100% within 24 hours of the booking. Notifications can be made within the business hours of Arawak Cine Pty Ltd.
Termination of Services by Client
If the production wishes to terminate the services of Arawak Cine Pty Ltd a minimum of 50% of the agreed rate will be payable to Arawak Cine Pty Ltd. Work that is refused by the production cannot be used in whole or in part.
We hope that you view these Terms and Conditions as fair and reasonable, please clarify or negotiate any points prior to production.These Terms and Conditions are presented to promote transparency and to avoid unnecessary dispute. We look forward to smooth business dealings and great shoots with you.
Arawak Cine Pty Ltd