FilmThreeSixty - Standard Terms and Conditions

FilmThreeSixty is a production company based in New Zealand specialising in the creation and sale of production services to domestic and international clients. These Terms and Conditions ("Terms") govern the relationship between FilmThreeSixty (including FilmThreeSixty, FilmThreeSixty EXPRESS and FilmThreeSixty POST) and its clients (hereinafter referred to as "Client" or "Clients") and are binding upon acceptance of our services.

By engaging FilmThreeSixty for video production and related services, the Client agrees to be bound by these Terms. These Terms supersede any previous agreements, whether written or verbal, and any deviations from these Terms must be agreed upon in writing by both parties.

1. Services

1.1 FilmThreeSixty agrees to provide video and television commercial production services as outlined in the mutually agreed-upon project proposal and scope of work.

1.2 The Client shall provide all necessary cooperation, information, and materials required for the successful execution of the project.

1.3  The Client must ensure that all instructions and expectations regarding the Booking/Order (and any subsequent variations) are agreed in writing.

2. Fees and Payments

2.1 The Client shall pay FilmThreeSixty the agreed-upon fees for services rendered. Payment terms and schedule will be outlined in the project proposal and invoice.

2.2 Invoices shall be payable within the specified time frame indicated on the invoice. Late payments may risk postponement of services or incur interest charges of [1]% per month or 

2.3 FilmThreeSixty reserves the right to withhold delivery of project deliverables until all outstanding payments have been received.

2.4 Once a stage is approved it is considered final and any revisions to that approve stage may incur additional fees to cover the additional work required.

2.5 Once a final deliverable has been approved, any outstanding balances are to be paid to FilmThreeSixty for the release of final outputs and close of job. 

2.6. Once deliverable has received final approval, any further revisions and requests may incur additional fees to cover the additional work required.

3. Changes and Revisions

3.1 Changes to the scope of work, project specifications, or any other aspect of the project must be agreed upon in writing by both parties. Additional fees may apply for changes outside the original scope.

4. Licensing, Copyright and Intellectual Property

4.1 Upon full payment, FilmThreeSixty grants the Client a non-exclusive, non-transferable licence to use the final deliverables for the purposes outlined in the project proposal.

4.2 FilmThreeSixty retains the copyright and intellectual property rights for all original content created during the project, including but not limited to video footage, scripts, storyboards, and concept development.

4.3 Should any part of the work hold a usage licence, the client agrees to use the work within the licence period, terms and conditions.  Work produced, where a licence was required for an aspect of the production, cannot be altered or manipulated without permission and potential relicensing by FilmThreeSixty.  

4.4 The Client shall have the right to seek further Licences for use or reuse of any work, which shall not be unreasonably refused by FilmThreeSixty but is subject to agreement of a reasonable fee for that Licence.

4.5  The Client acknowledges that FilmThreeSixty retains the right to use the work in any manner at any time and in any part of the world, unless otherwise specified or if the content is confidential, for the purposes of: 

a) Promoting FilmThreeSixty as a business;
b) Sharing work with potential, new and existing clients;
c) Entering competitions or awards; 
d) Including in FilmThreeSixty showreels, website and social channels.

4.6 Unless FilmThreeSixty has undertaken casting and talent responsibilities on behalf of the client, it is the responsibility of the Client to obtain all model releases, moral right waivers and privacy waivers necessary for the use of deliverables. The Client agrees to indemnify FilmThreeSixty in respect of any loss, claims, damages or expenses relating.

5. Confidentiality

5.1 The Client must advise FilmThreeSixty as to whether any material or information supplied is of a confidential nature. FilmThreeSixty will keep that material or information confidential, except where disclosure is reasonably necessary to enable FilmThreeSixty to perform the Agreement.

5.2 Both parties agree to keep confidential all information shared during the project, including but not limited to trade secrets, business strategies, and project-related information.

6. Cancellation and Postponement

6.1 If the Client cancels or postpones production of the Commercial and FilmThreeSixty has not committed a material breach of the agreement, the following conditions apply:

A. In all cases, the Client shall reimburse FilmThreeSixty for all job costs incurred, including deposits and pre-payments, incurred up to the date of cancellation or postponement.

6.2. The Client shall also pay FilmThreeSixty all or a proportion of the internal production resource costs, depending on the notice period and the type of production:

i) If the Client provides 15 or more days' notice of cancellation or postponement for a production that does not involve post-production, the Client must pay 25% of the production resource costs.

ii) If the Client provides less than 15 but more than 10 days' notice of cancellation or postponement for such a production, the Client must pay 50% of the production resource costs.

iii) If the Client provides 10 or fewer days' notice of cancellation or postponement for such a production, the Client must pay 100% of the production resource costs.

6.3 The Client acknowledges and agrees that these postponement and cancellation fees fairly reflect any loss of work and ability to re-schedule alternative work and re-allocate resources, depending upon the amount of notice given.

6.4 Where the Client instructs that work is to be suspended for a period of 60 days or more, the Client must, at the time of suspension, pay FilmThreeSixty for all work in progress and any Job-Related Costs incurred at that time.

7. Weather Postponement and Cancellation

7.1 A weather call can be made up to 24 hours before the shoot without incurring cancellation fees, provided that Crew are available for the proposed new date(s) of engagement.

7.2 Notice of less than 24 hours' postponement will incur a 100% cancellation fee.

7.3 Other costs related to weather calls, including equipment and locations, may need to be quoted at the time, depending on the weather conditions.

7.4 FilmThreeSixty recommends the Client is responsible for taking out weather insurance.

8. COVID and other Force Majeure Circumstances

8.1 In the event of a COVID or force majeure-related cancellation or postponement at any time prior to shoot, the client is responsible for reimbursing FilmThreeSixty for any external hard costs incurred in the pre-production. 

8.2  If the production is postponed or cancelled due to COVID or force majeure, the hard costs will be negotiated in good faith with all suppliers and crew as to minimise cost to the client and FilmThreeSixty.

8.3  If the production is postponed due to COVID or force majeure, every effort will be made from either party to postpone the production as to minimise cost and loss.  This may be subject to the availability of talent, location and crew.

9. Termination

9.1 Either party may terminate the project by providing written notice to the other party. If the Client terminates the project, they shall be responsible for payment for work completed up to that point.

9.2 FilmThreeSixty may terminate the project if the Client breaches these Terms, and no refunds shall be provided in such cases.

10. Liability

10.1 FilmThreeSixty will make every effort to deliver high-quality work, but shall not be liable for any losses or damages, including but not limited to financial losses, arising from the use of its services.

10.2 Client property and all property and material supplied to FilmThreeSixty by or on behalf of the Client is at the Client’s risk and FilmThreeSixty accepts no responsibility for the maintenance or insurance of that property or material.

10.3 Where property and materials are left with FilmThreeSixty without specific instructions, FilmThreeSixty may dispose of them at the end of 3 months from the date of job completion.

11. Indemnity

11.1 The Client undertakes to indemnify FilmThreeSixty for any loss, claim, damage, or expense (including costs incurred on a solicitor client basis) suffered or incurred as a result of: 

a) Any breach by the Client of the Agreement; 
b) Any illegal or defamatory works produced for the Client and approved by the Client; 
c) Any infringement of an intellectual property right of any person; or d In recovering any moneys due. 

11.2 Such loss, claim, damage or expense shall be moneys due for the purposes of these terms and conditions. 

11.3 The Client is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works.

12. Governing Law and Jurisdiction

11.1 These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.

12. Miscellaneous

12.1 These Terms constitute the entire agreement between the parties and supersede all prior agreements, whether written or verbal.

12.2 No modification of these Terms shall be binding unless in writing and signed by both parties.

By engaging the services of FilmThreeSixty, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.