AGREEMENT FOR PRODUCTION SERVICES
THIS AGREEMENT is entered into by and between Visual Entropy LLC (“Service Provider”) and the undersigned (“Client”).
DEFINITIONS:
“Rate” is defined as the sum of the agreed upon daily rate divided by ten (10).
“Production Day” constitutes ten (10) hours, commencing from the specified call time.
1. SERVICES AND FEES
1.1 RATE:
“Rate” refers to the remuneration agreed upon for the services rendered by the Service Provider, calculated on the basis of the negotiated daily rate divided by ten (10). This agreed upon Rate is applicable for each hour of a Production Day, which is defined as a standard ten (10) hour duration. Each hour is counted individually, and each day is billed as a full day unless specified otherwise in writing prior to the execution of the contracted dates. Equipment preparation days are also billed at the full day rate.
Please note that the time allocated for meal breaks, regardless of whether the meals are provided by the Client or independently obtained by the Service Provider, is included within the ten (10) hour Production Day. No additional hours will be added to the Production Day for the meal breaks.
1.2 PER DIEM:
“Per Diem” refers to a fixed amount of seventy-five dollars ($75) paid daily to the Service Provider for incidental expenses incurred while providing services within the continental United States. This sum is provided irrespective of the actual expenses incurred by the Service Provider and is in addition to the compensation for the services rendered. Per Diem applies to all days that the Service Provider is engaged in the service of the Client, including travel days. The provision of meals by the Client does not negate the Per Diem clause, unless such an arrangement has been mutually agreed upon by both parties in writing prior to the commencement of services. For services provided outside the continental United States, a different Per Diem rate may be negotiated and must be agreed upon in writing.
1.3 OVERTIME:
“Overtime” is defined as any hours worked beyond the standard ten (10) hour duration of a Production Day. The first two (2) hours of Overtime, i.e., the eleventh and twelfth hours, shall be billed at one and a half times (1.5x) the standard negotiated rate. Any additional hours worked beyond the twelfth hour shall be billed at two times (2x) the standard negotiated rate. This elevated Overtime rate shall continue to apply for the duration of the extended service hours until the Service Provider has been off the clock for a full, uninterrupted period of eight (8) hours.
1.4 SHORT TURN:
“Short Turn” shall refer to any instance in which the Service Provider is required to recommence services at the production site within a period less than eight (8) consecutive hours from the conclusion of the services of the previous day. In such circumstances, these services shall be deemed as rendered under strenuous conditions, and therefore, shall be subject to a rate of one and a half times (1.5x) the standard negotiated hourly rate. This elevated Short Turn rate shall apply continuously until such time that the Service Provider is off the clock for a full, uninterrupted period of eight (8) hours.
1.5 PRE-PRODUCTION:
“Pre-Production” is defined as all work performed by the Service Provider prior to the commencement of the Production Day(s), in order to adequately prepare for the contracted event. This includes, but is not limited to, tasks such as answering relevant emails, participating in conference or zoom calls, generating gear lists, generating production schedules, preparing crew information or show letters, generating production flow sheets, generating show cue sheets, interfacing with venue/vendors, CAD design, and addressing any other show-specific needs.
All pre-production work is billed at the standard negotiated hourly rate, with a minimum commitment of twenty (20) hours per contracted event. A clearly defined Scope of Work and delineation of responsibilities must be agreed upon in writing by both parties prior to the commencement of any pre-production work.
1.6 POST-PRODUCTION:
Post-Production tasks carried out by the Service Provider will be billed at the pre-agreed hourly rate, subject to a project minimum of five (5) hours per project. These tasks may include, but are not limited to: video editing, sound editing, visual effects, color correction, sound design, and delivery of the final product in the requested format(s).
Revisions or additional work beyond the original scope of the project will continue to be billed at the same hourly rate. Any request for such additional work or revisions must be communicated to the Service Provider in writing and will be subject to the acceptance of the Service Provider.
the Service Provider will make reasonable efforts to deliver the final product within the agreed timeframe. However, the actual delivery time may vary depending on the complexity of the project, the number of revisions requested, and other factors. Any significant deviations from the estimated delivery time will be communicated to the Client promptly.
The Client will be responsible for providing any necessary assets for post-production (such as logos, branding materials, specific fonts, etc.) in a timely manner to avoid delays in the delivery of the final product. All content and assets provided by the Client should be clear of any copyright or licensing issues. the Service Provider shall not be held responsible for any copyright infringements related to content provided by the Client.
In the event that the Service Provider needs to purchase additional content (such as music, stock footage, sound effects, etc.) for the project, these costs will be passed on to the Client as an additional expense and will be included in the final invoice. The ownership of this purchased content will remain with the Service Provider.
2. TRAVEL AND EXPENSES
2.1 TRAVEL:
“Travel Days” are defined as those days during which the Service Provider is engaged in travel at the behest of the Client for the purposes of the contracted event. The Service Provider shall book all flights based upon information provided by the Client. This information should include the job site address, crew housing address (if different), as well as the time and date of load-in and load-out. The Client should provide this information as soon as possible, recognizing that travel costs typically rise as the date of the event approaches. The costs of these flights will be reimbursed as a production expense at the time of billing.
“Travel Days” shall be considered as working days and are thus subject to billing at the standard negotiated daily rate. For the purposes of calculating compensation, a Travel Day’s duration is understood to commence upon arrival at the departure airport and conclude upon arrival at the destination hotel or the Service Provider’s home. The Service Provider reserves the right to consider the aforementioned parameters of overtime billing with regards to payment for a Travel Day. Any alternative arrangements must be agreed upon by both parties in writing prior to the event.
If the provided hotel is not within a fifteen (15) minute commute from the venue (including potential delays due to unexpected traffic), the start time of the Production Day will begin from the moment of departure from the hotel, while the end time of the Production Day will end upon arrival at the hotel.
Please note that any days during which the Service Provider is not engaged in active service but is unable to return to their place of residence, commonly referred to as “Dark Days,” are also considered to be working days and billed at the full day rate, unless a different arrangement has been agreed upon in writing.
2.2 LODGING
“Lodging” refers to the accommodation arranged for the Service Provider by the Client during the duration of the contracted event.
“On-site” refers to accommodations provided within or in immediate proximity to the venue where the contracted event is taking place.
The Client shall be responsible for arranging suitable lodging for the Service Provider and will make every effort to secure on-site accommodations. This is to minimize travel time, facilitate better communication and coordination, and ensure the most efficient utilization of Production Day hours.
If the lodging arranged by the Client is situated more than a fifteen (15) minute commute from the event venue (accounting for potential delays due to unexpected traffic or vehicle availability), the start time of the Production Day is understood to commence from the moment of departure from the lodging location, while the end time of the Production Day is deemed to conclude upon arrival at the lodging location.
The Client shall also bear the responsibility for any additional lodging-related charges, including but not limited to resort fees, service charges, and other ancillary costs that may be incurred during the stay. These charges are to be either paid by the Client directly to the accommodation provider in advance or reimbursed to the Service Provider as part of the billing process.
Any deviation from these stipulations needs to be mutually agreed upon in writing prior to the execution of the contracted event.
2.3 PARKING AND TRANSPORTATION:
“Parking and Transportation” refer to the logistics related to the movement of the Service Provider and their equipment as required for the execution of the contracted event.
The Client acknowledges that rideshare services (such as Uber, Lyft, or equivalent), taxis, and similar modes of transportation may be integral to the Service Provider’s travel logistics during the contracted event. The costs incurred through the utilization of these services will be considered a production expense and will be billed to the Client.
Furthermore, if the Service Provider travels to the event by personal vehicle, mileage will be billed at the current IRS rate per mile.
3. CANCELLATIONS AND CHANGES
“Cancellations” and “Force Majeure” clauses refer to the stipulations surrounding the discontinuation of the contract due to voluntary cancellation by either party, or due to unforeseen and unavoidable circumstances, respectively.
In the event of a cancellation by the Client within fifteen (15) days before the confirmed day of production, the Service Provider will bill the Client for the entire contracted term. If the confirmed contracted show dates are changed at any point during the contracted show, the Client will be billed for the days lost at the negotiated daily rate.
The Client’s failure to communicate a cancellation in a timely manner does not constitute an exemption from the Cancellation clause. This stipulation applies regardless of when the Client became aware of the change in needs for the contracted event. The Client is responsible for communicating any changes as soon as they are aware of them, and any costs incurred by the Service Provider due to a lack of timely communication will be charged to the Client.
Examples of such costs that could be incurred due to a failure to communicate cancellation in a timely manner could include, but are not limited to, non-refundable airfare, pre-production costs, lodging deposits, equipment rentals, and any other costs that the Service Provider may have committed to in anticipation of the event.
A “Force Majeure” event is defined as any unforeseen and unavoidable event beyond the reasonable control of either party, including but not limited to acts of God, war, terrorism, riot, embargo, acts of civil or military authorities, fire, flood, accident, strikes, inability to secure transportation, facilities, fuel, energy, labor, or materials. In such event, the affected party shall not be considered in breach hereunder and is specifically excused from performance for the duration of the Force Majeure event.
In the case of a Force Majeure event, both parties shall make every reasonable effort to mitigate the effects of the Force Majeure event, to fulfill their responsibilities under the contract, and to resume their duties and obligations under this contract as soon as reasonably possible.
4. INVOICE PAYMENT
All invoices generated by the Service Provider are due within thirty (30) days of their issuance. The Client should make every effort to ensure that payment is secured within this timeframe. Any delay in payment beyond these 30 days may incur a late fee penalty of 10% per week until the full payment is received, unless otherwise agreed upon in writing.
All payments to the Service Provider should be made as per the information provided on the invoice. The invoices will be paid as a 1099; W2s will not be accepted under any circumstance. A W9 form will be included with the final invoice if required.
Invoices will clearly detail the charges for all services rendered, as well as any production expenses incurred during the execution of the contracted event. These expenses may include but are not limited to: airfare, lodging, transportation, meals, and any additional costs directly related to the event as per this agreement.
All queries or disputes related to invoices should be communicated in writing to the Service Provider at accounting@veproductions.net within fifteen (15) days of receipt of the invoice. Failure to raise any disputes within this period will be taken as acceptance of the charges detailed in the invoice.
5. INSURANCE
The Service Provider maintains General Liability and Professional Liability insurance coverage for all employees. Should the Client require a Certificate of Insurance (COI) with the Client’s company named as the certificate holder, the Client must submit a written request within thirty (30) days of the show’s confirmation date.
6. ADDITIONAL EXPENSES AND EXCLUSIONS
The Service Provider disclaims any obligation for the provision of show content unless previously agreed upon in writing prior to the event. All content procured by the Service Provider will be invoiced to the Client as an additional expense and shall remain the exclusive property of the Service Provider.
7. DEVIATIONS FROM SCOPE OF WORK
The Service Provider’s staff is dedicated to fostering a collaborative work environment, often going above and beyond to assist other departments when necessary. However, it is imperative to remember that our primary commitment lies in fulfilling the specific duties for which we have been contracted.
Therefore, we strongly advise that all work expectations be thoroughly clarified prior to the event’s commencement, particularly if the tasks may extend beyond the standard remit of our appointed role.
The Service Provider retains the right to revise the pre-agreed rate should the scope of work exceed what was initially agreed upon. Any such modifications would be communicated promptly and transparently with client.
8. CHANGES TO TERMS AND CONDITIONS
The Service Provider reserves the right to modify these Terms and Conditions without prior notification.
For any queries regarding these terms, please contact us at accounting@veproductions.net.
Revision 7/10/23