Terms (archive) 

I’ve posted this as an archival reference for other camerapersons and broadcast freelancers.  It originated from a post by a member on the Ausfreelance Forum some years back - he was willing to share. This is my version, still current and free to share as a guideline. 

Mal Hamilton Productions Pty Limited (t/a Digibeta Video Production) operates in the field of broadcast video and maintains order by respecting the long-held etiquette of the film & television industry.

This document attempts to formalise the established etiquette.

We enjoy a fair workplace, operate with goodwill, and hope you view our Terms & Conditions as reasonable.

The following points form the basis of our employment subject to different conditions being agreed in writing.

Please negotiate or clarify any points prior to the job.

A. BOOKINGS, PAYMENT, TIMES

   1. At  the time of booking, or if subject to change, may be placed on HOLD up until 48-hours of the CALL TIME.

  2. A HOLD is automatically considered CONFIRMED 48-hours prior to the CALL BOOKINGS are accepted subject to availability and may either be CONFIRMED TIME, unless CANCELLED or NEGOTIATED.

   3. Once a BOOKING is confirmed it may still be cancelled however CANCELLATION FEES will apply at the rate of 50% within 48 hours and 100% within 24 hours of the Call Time.

   4. A HOLD may be cancelled by either party.

   5. PAYMENT TERMS are strictly 30 DAYS from the date of INVOICE (Net 30), or as stipulated on the invoice.

   6. LATE PAYMENT may result in LATE FEES being charged at the rate of 10% per month. Failure to pay within 90 days of the Invoice date may result in legal action.

   7. Listed RATES apply internationally, and are offered as a guide-only with fees subject to change with job-specifics.

   8. TIMES are measured from Call-time to Wrap in Sydney-metro, and Portal-to-Portal in all other national & international Locations, inclusive of lunch, travel & appropriate breaks.

   9. WRAP is defined as Departure-From-Final-Location, with point (B.2) being the exception.

  10. OVERTIME is measured per hour or part-thereof, and applies to all Productions unless specifically negotiated.

  11. WEATHER HOLDS or SPECIAL REQUIREMENTS to be specifically negotiated.

  12. Bookings are taken in 4-hour (half-day), 8-hour (full-day) and 10-hour increments, with overtime charged beyond the booking. A cameraperson’s Half-Day Booking lasting 5-hours incurs one hour overtime (4+1), 6-hours incurs 8-hour charge. All other roles will bill an 8-hour fee once beyond 4-hours.

  13. Jobs running short will be billed as per original booking, regardless of an early 'wrap'.

  14. The extent of Mal Hamilton Productions Pty Limited LIABILITY due to errors, omissions, or professional and technical failures shall be limited to the equivalent of the Booking’s daily fee.

  15. ORIGINAL RECEIPTS will be retained for Digibeta Video Production's accounts, and charges will be itemised on the invoice.

  16. COPYRIGHT of all recorded materials remain the property of Mal Hamilton Productions Pty Ltd t/a Digibeta Video Production, until full & final payment has been received.

B. TRANSPORT & TRAVEL

   1. Quoted RATES include a Transport Allowance around SYDNEY-METRO up to 50 km/day. Beyond 50 km/day, Kms charged at A$0.90 /km.

   2. LOCATIONS BEYOND 30KM of the Sydney GPO (and considered within Sydney) will start consuming the 50km Transport Allowance from the 30km boundary onward. CALL TIME will be calculated accordingly, and where applicable, returning to the 30km boundary will be considered the WRAP time. For ease of reference, 1km equals 1 minute.

   3. When embarking on a ROAD-JOURNEY out of Sydney, kms are charged from outset of journey at A$0.90/km, and TIMES measured on a Portal-to-Portal basis.

   4. All TOLLS, PARKING FEES or CHARGES incurred in the course of Production, from Call-time to Wrap, will be billed to the Production.

   5. TRANSPORT provided by the Production must meet adequate safety & security standards, or be negotiated otherwise with considerations as to the nature of the production.

 

C. EQUIPMENT & MEDIA

   1. MEDIA  and back-up of same is the sole responsibility of the Production.

   2. EQUIPMENT outlined on the Rates-List is a guide, and equipment brought onto Location will be accepted as that which Digibeta Video Production deems necessary & most effective.

   3. Special EQUIPMENT REQUESTS will be adhered to as closely as possible. Where specific models/items are unavailable, a suitable replacement will be sought. Shortcomings will be communicated ahead of time.

   4. RENTAL EQUIPMENT sourced on behalf of a Production incurs a 15% handling fee, in addition to tolls and charges incurred during pick-up & return.

   5. In the unlikely event of TECHNICAL FAILURE involving equipment owned by Digibeta Video, reasonable reparations in the form of Bill Discount or Credited Hours will be negotiated for any lost time for the day of the incident only. The extent of Digibeta Video Production's LIABILITY shall be limited to the Booking’s daily fee.

   6. In Sydney, Digibeta Video  shall bear the cost of equipment replacement. For all other Locations, the Production shall bear the cost of equipment replacement.

   7. No responsibility shall be accepted for equipment rented on behalf of the Production.

   8. No responsibility accepted for lost opportunity, lost imagery or lost sound arising from technical failure.

D. LOCATIONS & WORKPLACE

   1. A SAFE WORKPLACE is always maintained.

   2. Productions planning to shoot in HOSTILE ENVIRONMENTS must advise Digibeta Video Production prior to Confirmation. Such environments include exposure to salt, sand, water or dust.

   3. Location should have access to catering facilities, otherwise be catered by Production, or Crew should be informed of special requirements prior to the shoot.

 

E. TRAVEL

   1. AIRPORT TRANSFERS are billed to the Production.

   2. International & national travel measured on a ‘Portal-to-Portal’ basis or as negotiated.

   3. Daily TIMES are measured on a Portal-to-Portal basis in all national & international locations (outside of Sydney) inclusive of lunch, travel & appropriate breaks.

   4. PER DIEMS negotiated per job.

   5. TRAVEL DAYS negotiable.

   6. ACCOMMODATION & TRANSPORT provided by the Production must meet adequate safety and security standards, or be negotiated otherwise with considerations as to the nature of the project.