|
|
|
| Introduction | |
| Billing & Payment Procedures: | |
| Production | |
| Editorial, Post Production | |
| Computer Graphics and Animation | |
| Postponement & Cancellation Procedures | |
| Production Cancellation | |
| Production Postponement | |
| Editorial Cancellation | |
| Editorial Postponement | |
| Computer Graphics And Animation Cancellation | |
| Computer Graphics And Animation Postponement | |
| Contingency Days | |
| Insurance | |
|
|
|
Printer
Friendly Version 
|
|
|
The commercial production industry, as a service-sector business, provides talent and time to its clientele. The success of the individual companies and the industry as a whole can be measured by the effectiveness achieved in selling talent and time to the advertising agencies. The environment in which the industry operates is dynamic, cyclical, volatile and evolutionary. In order for the companies to operate on a sound and consistent footing within this environment, the production industry has developed a set of guidelines, which attempts to standardize procedures on billings, cancellation and postponement, and contingency days. The most important component in production is clear and specific communication between the production, editorial, post production companies and the contracting agency/client. These guidelines should achieve the objective of: 1. Ensuring a quality product for clients
|
|
|
GUIDELINES
FOR BILLING & PAYMENT PROCEDURES
It is recognized that this is a labour intensive industry and accordingly prompt payment to the production, editorial and post production company for services rendered is essential. Title of ownership of a commercial does not transfer until full payment is made according to payment guidelines. Each production, editorial or postproduction company may adopt a payment policy requiring full payment for the commercial prior to its broadcast use. Such a policy is consistent with good faith business practices and is also consistent with provisions used in Great Britain by the Advertising Film and Videotape Producers Association, The Institute of Practitioners in Advertising, and the Incorporated Society of British Advertisers. As the following are guidelines only, any unusual circumstances requiring other payment arrangements than those listed below may be negotiated at quote stage.
|
|
|
The "75-25" Plan The "75-25" plan is applicable in instances of firm bid contracts whose requirements are production through film or videotape dailies, and where editorial and post production is contracted separately by the agency. Payment Procedures 1. First Payment: 75% of the contract price. The first payment is due upon signing of the contract, but not later than twenty-four hours prior to the commencement of the first filming/shoot day. Since job confirmation is almost always a verbal order, first payment is due whether or not the Production Company is in receipt of a written contract, purchase order or letter of agreement. (This provision serves to reaffirm the fact that a verbal order to commence production signifies that all proper agency and advertiser authorizations have been obtained, and that the Production Company is to begin expending time and money on the confirmed job.) 2. Second Payment: 25% of the contract price. This amount is due and payable upon approval of film or videotape dailies, but not later than the airing of the commercial or 30 days from the date of the final invoice. In all cases where there are contracting client approved overages from the contract price, invoices will follow within thirty days of the final contract billing, and are payable within thirty days of the date of invoice. |
|
|
The “50 –50” Plan The “50 – 50” plan is applicable on a post production contract to a post production company separately from the production house contract. First payment: 50% of the contract price is due and payable upon the commencement of production. Final payment: 50 % of the contract price is due and payable upon delivery of the commercial, but not later than 30 days from the date of the final invoice.
| |
|
The “50-25-25” Plan The “50-25-25” plan is applicable on a post production contract to a post production company separately from the production house contract and where computer graphics or animation are incorporated. Payment Procedures 1. First Payment: 50% of the contract price is due and payable upon the commencement of production. The 100% Plan The 100% plan is applicable on an editorial or post production contract whose production schedule spans less than one week. In such cases, one single invoice may be issued, and is due and payable upon delivery of the commercial, but not later than 30 days from the date of the invoice (or not later that the airing of the commercial.) In all cases where there are contracting client approved overages from the contract price, invoices will follow within thirty days of the final contract billing and are payable within 30 days of the date of the invoice.
|
|
|
GUIDELINES FOR POSTPONEMENT & CANCELLATION PROCEDURES The basis for this CPAT Guideline is to define and set a value for the production, editorial and post production company's primary commodity, which is the time and services of its personnel along with equipment and facilities provided by the company. At the same time, CPAT recognizes that cancellations and/or postponements may occur for a variety of reasons, and its member companies are mindful that accommodating the needs of the advertiser and its agency contribute to a healthy environment for the industry. When the company receives a firm commitment from the contracting client on a job and blocks out a specific period of time dedicated to that job; no further efforts are made to sell that time. If the job is postponed or cancelled within the time frames of the Guideline, it would be highly unlikely in the ordinary course of business to resell this time. Time of its creative personnel and equipment are the primary source of income for the company. CPAT members acknowledge that jobs are postponed or cancelled from time to time at the request of an advertiser or its agency for reasons which are contingent on such factors other than weather conditions, or key personnel injury, or illness. (See Contingency Day). A change in focus of an advertising campaign for example may result in a postponement or cancellation. A postponement is defined as a temporary stoppage of production by request, within a period of one to twenty working days from the first scheduled shoot day, with the clear intention to restart at a later date. However, if the first shoot day is postponed in excess of twenty working days it should be deemed a cancellation by default, and re-quoted, with consideration to the recovery of start up costs. While costs described below represent the maximum exposures for the agency, clear communication of contractual agreements that may affect cancellation or postponement costs is essential. Such contracts could include but are not limited to key creative and crew personnel, studio or location facilities, special props and wardrobe design, and special equipment rentals. CPAT members acknowledge that the company is obliged to make all reasonable efforts to re-book the postponed or cancelled time with another client. If the company successfully re-books the time, then the director's or editor's cost and/or markup would be an area for discussion and negotiation.
|
|
|
CANCELLATION - PRODUCTION If notice of cancellation is given ONE TO TEN WORKING DAYS prior to the commencement of the shoot, the contracting client will be liable to the Production Company for: a) All out-of-pocket costs. If notice of cancellation is given ELEVEN TO FIFTEEN WORKING DAYS prior to the commencement of the shoot, the contracting client will be liable to the Production Company for:
a) All out-of-pocket costs. If notice of cancellation is given BETWEEN FIFTEEN AND TWENTY WORKING DAYS prior to the commencement of the shoot, the contracting client will be liable to the Production Company for:
a) All out-of-pocket costs. If notice of cancellation is given MORE THAN TWENTY WORKING DAYS prior to the commencement of the shoot, the contracting client will be liable to the Production Company for:
a) All out-of-pocket costs. Out of pocket costs are start up costs that could include but are not limited to casting, set designs, location scouting, or special prop design and build.
|
|
|
POSTPONEMENT - PRODUCTION If notice of postponement is given ONE TO TEN WORKING DAYS prior to the commencement of the shoot, the contracting client will be liable to the Production Company for:
a) All out-of-pocket costs. If notice of postponement is given ELEVEN TO FIFTEEN WORKING DAYS prior to the commencement of the shoot, the contracting client will be liable to the Production Company for:
a) All out-of-pocket costs. If notice of postponement is given MORE THAN FIFTEEN WORKING DAYS prior to the commencement of the shoot, the contracting client will be liable to the Production Company for.
a) All out-of-pocket costs. If notice of postponement is given MORE THAN TWENTY WORKING DAYS prior to the commencement of the shoot, it should be deemed a CANCELLATION. The conditions of CANCELLATION – MORE THAN TWENTY DAYS will apply. The job should be re-quoted to reflect any cost savings to the advertising client for the services the Production Company has started and/or completed, providing the specifications have not changed from the original bid. Such areas could include but are not limited to casting, set designs, locations scouting, or special prop design and build.
|
|
|
In each instance, when notice of cancellation is given, every effort will be made by the Editorial Company to re-book the time. If the time is re-booked, there is an obvious area for negotiation on creative fees, off-line facilities and mark-up. 1. If notice of cancellation is given within ONE TO TEN WORKING DAYS prior to the scheduled start date, the contracting client will be liable to the Editorial Company for: a) All out-of-pocket costs 2. If notice of cancellation is given within ELEVEN TO FIFTEEN WORKING DAYS prior to the scheduled start date, the contracting client will be liable to the Editorial Company for: a) All out-of-pocket costs 3. If notice of cancellation is given BETWEEN FIFTEEN AND TWENTY WORKING DAYS prior to the scheduled start date, the contracting client will be liable to the Editorial Company for: a) All out-of-pocket costs
| |
|
It is understood that postponement means the job will be re-mounted at a later date agreeable to all parties. In each instance, when notice of postponement is given, every effort will be made by the Editorial Company to re-book the time. If the time is re-booked, there is an obvious area for negotiation on creative fees, off-line facilities and mark-up. “Postponement” is hereby defined as a period of time that is less than 30 working days (or 6 weeks) in duration. A postponement period greater than 30 working days (6 weeks) therefore becomes a “cancellation” by default. 1. If notice of an appreciable postponement is given within ONE TO TEN WORKING DAYS prior to the scheduled start date, the contracting client will be liable to the Editorial Company for: a) All out-of-pocket costs
|
|
|
CANCELLATION - COMPUTER GRAPHICS AND ANIMATION As with live action production, if the post production company blocks out a specific period of time to produce a job, no further efforts are made to sell that time. If a job is cancelled, it is the obligation of the Post Production Company to make every effort to re-book that time. If the time is re-booked, there is an obvious area for negotiation on creative fees and/or the production fee. If notice of cancellation is given more than half way through the production schedule of the job, that is between the award date, or date of purchase order and the final delivery date, the contracting client will be liable to the editorial/post production company for the full cost of the job as bid. If notice of cancellation is given before the project is halfway through the production schedule of the job from award date the contracting client will be liable to the post production company for: Not less than 50% of the full cost of the job as bid. Upon first notice of possible cancellation of a production, it is the obligation of the editorial/post production company to supply the contracting client with an estimate, as accurate as possible, of the potential out-of-pocket costs.
|
|
|
POSTPONEMENT - COMPUTER GRAPHICS & ANIMATION As with live action production, if the post production company blocks out a specific period of time to produce a job, no further efforts are made to sell that time. If a job is postponed, it is the obligation of the Post production Company to make every effort to re-book that time. If the time is re-booked, there is an obvious area for negotiation on creative fees and/or the production fee. It is understood that postponement of project means that the project will be re-mounted at a later date and therefore some of the postponement costs will be saved once the project commences again as the work has already been started and will be filed away until the project is re-mounted provided that the project does not change in nature. “Postponement” is hereby defined as a period of time that is less than 30 working days (or 6 weeks) in duration. A postponement period greater than 30 working days (6 weeks) therefore becomes a “cancellation” by default. 1. If notice of postponement is given after the project is halfway through the production schedule of the job, the contracting client will be liable to the post production company for: Cost of the work produced thus far, as well as: 2. If notice of postponement is given before the project is halfway through the production schedule of the job, the contracting client will be liable to the post production company for: Cost of the work produced thus far, as well as: Upon first notice of possible postponement of a production, it is the obligation of the editorial/post production company to supply the contracting client with an estimate, as accurate as possible of the expenses that will be the charged upon postponement.
|
|
|
A contingency day is any day where a scheduled film or tape shooting has been prevented from occurring or completed due to circumstances beyond the control of the Production Company. These circumstances may include, and are not limited to: · Any weather conditions not consistent with the prescribed shooting conditions desired by the Agency, or considered a safety hazard for personnel and equipment. The Production Company will provide the contracting client with a maximum exposure figure (a "not to exceed" figure) as a contingency day cost at the quoting stage. The estimate will represent the maximum costs should the contingency day be called after 1:00 PM prior to the shoot day. This will be a cost per day figure. However, this figure does not include the cost of premiums for crew or suppliers (i.e., should the contingency day fall on statutory holidays or premium days based on consecutive employment.) A second estimate will be provided prior to the first shooting day. This estimate would reflect the costs to postpone the shoot day up to 1:00 PM the day prior to the scheduled shoot date. The rescheduled shoot day would be the day after the original shoot day(s). In any contingency situation careful consideration should be given to the availability of key personnel which may include client, agency, director, DP and other key technical crew, and to the triggering effect and financial impact of weather postponements on editorial and postproduction fees and expenses. The cost of a contingency day called prior to 1:00 PM prior to shoot date shall consist of: a) All out of pocket costs. The cost of a contingency day called after 1:00 PM prior to shoot date shall consist of: a) All out of pocket costs. *There should be a clear understanding during the quoting stage, with the contracting client, of the Production Company’s policy on director’s fees, in the event of contingency days. Based on a bad weather forecast, the potential exists for the contracting client to incur costs with the intention of preventing postponement of the scheduled shoot (E.g., additional electricians and grips, additional lighting, trucking and possibly location dressing and personnel). The Production Company will provide an explanation of these costs, which will include a handling fee of not less than 10%, and agreed to by the Agency before being incurred. This could also apply to overtime incurred due to a delayed start or downtime during the day for bad weather. The Production Company recognizes its obligations to minimize Contingency Day liabilities, and will apply all conventional and accepted industry cancellation privileges.
|
|
| INSURANCE
C.P.A.T believes that the Production Company is in the best position to identify and quantify the risks associated with the production of a live commercial. C.P.A.T's producing members maintain insurance coverage on areas consistent with accepted industry standards. Any unusual aspects or risks should be identified in the quoting process and any additional insurance required may be obtained, or declined, and included in the quote. Such risks may include, but are not limited to one or more of the following: · Loss or damage to the negative after delivery of dailies and negative has been made. (I.e. extension through complete postproduction - a negative film floater).* * Currently, contracts vary between insuring companies, specifically as they relate to post production and terms of completion. Clearly this should be defined and evaluated at the bidding stage. A negative film, or tape master floater, through post production, if deemed appropriate, can then be obtained by the production company and the premium allocated.
|
|