This Agreement is made, between you ("Client"), and Brains Concept Studios LLC. Brains Concept Studios LLC hereby agrees to produce and deliver to Client the Complete Production, subject to and in accordance with all terms, conditions, and specifications set forth herein.
Producer responsibilities for furnishing media are detailed in attached Addendum A Production Specifications and Bid Estimate Form.
Brains Concept Studios LLC and Client agree to the video treatment project summary, project contract price and the more detailed production outline of Addendum A Production Specifications and Bid Estimate Form.
*Project does not include subcontracting a third party editor or post producer. Total Project Cost is clearly mentioned in the category.
Due upon arrival of the Preproduction: 50%
Due upon final completion prior to delivery of all media: 50%.
Client shall have one opportunities to request edits or changes prior to final completion and delivery of all media and Brains Concept Studios shall be branded (logo) on the master file. (Regardless of the size, location and position)
It is the essence of this Agreement that all completed media and services supplied by Brains Concept Studios LLC shall be of applicable production standards (previews-720p, and masters - 4k). Producer agrees that the media shall be of quality, artistically produced with direction, photography, sound, art, synchronization and other physical and aesthetic content as agreed upon in the bid estimate.
DELIVERY OF MATERIALS
Listed below is the type of Media the Client wishes the methods in which the final product is delivered.
Digital Copy Only on either a USB thumb drive, Hard disk drive (Provided by Client) or via Google drive or any standard file transfer system agreed upon by both parties.
1. FURNISHING MATERIALS, SERVICES, & RELEASES
- Client shall supply audio files, storyboards, production props, production notes, scripts, music, instrumentation, creative guidance/ supervision, location, and related clearances, unless agreed upon by Brains Concept Studios to assist in any of the above mentioned.
- Brains Concept Studios LLC is not responsible for Editorial/Post Production subcontract. Client will supply track or musical composition(s) and rights clearances unless otherwise specified
- Brains Concept Studios LLC shall deliver the completed project media(s) pursuant to this Agreement and the requirements agreed upon once final payments are made.
2. (a)CHANGES IN SPECIFICATIONS
- If at any time, Client desires to make any changes or variations from the script(s) or storyboard(s) in the Specified Media(s) or from any material or work in progress, and such changes result in additional costs to Brains Concept Studios LLC, Brains Concept Studios LLC agrees to notify the Client of the amount before any such additional costs are incurred and Brains Concept Studios LLC shall proceed only after receiving approval (written or oral) from Authorized Representative, approval by Client shall be binding and incorporated into the terms of this Agreement. These costs will be added to the final bill due upon delivery of the agreed upon materials in the above agreement.
- Once master edit is done, Brains Concept Studios LLC owes the client a full watermarked preview of 720p exclusively for editorial purposes. Client Have rights to a one time preview and changes to be made. Once confirmed by client, Brains Concept Studios will prepare the Master 4k file to be sent once all balances are fully cleared.
- Except as otherwise provided herein, Client owns all rights, title and interest in and to the media(s) which are the subject of this Agreement, including all copyrights therein as well as in and to all the out-takes and clips. Client grants Brains Concept Studios LLC an exclusive, worldwide, sublicensable, transferable, royalty free license to all media clips produced during the course of the contracted work for promo and marketing purposes.
- Brains Concept Studios LLC understands that some information of said media(s) may be of a confidential and/or sensitive in nature. Brains Concept Studios LLC agrees, at Client’s written request, to require, within reason, those engaged for the production to sign appropriate agreements not to discuss or disclose information about the product or the Specified Media(s) except as such disclosure may be necessary for Producer to produce media(s) in the usual and customary manner under this Agreement.
5. INDEPENDENT CONTRACTOR
- It is understood that Brains Concept Studios LLC’s status under this Agreement is that of an independent contractor and that all persons engaged by Brains Concept Studios LLC in performing its obligations shall not be deemed employees of Client.
6. PRODUCER WARRANTIES
- Producer represents and warrants:
- A. That Brains Concept Studios LLC has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable Federal, State and Local Laws, ordinances and regulations and with all applicable union agreements to which Producer is a signatory.
- B. That Brains Concept Studios LLC will use reasonable efforts to obtain all licenses, consents and rights necessary and incident to the performance, reproduction and exhibition of the Specified Media(s) with respect to materials, elements and services provided by Producer.
7. CLIENT WARRANTIES
- Contracting Client represents and warrants:
- A. Client shall pay Brains Concept Studios LLC on the day the product is delivered noted in Paragraph 1 of this Agreement.
8. DELIVERY OF MATERIALS
- Delivery of the Specified Media(s) shall mean delivery of the referenced media(s) in paragraph 1 by Brains Concept Studios LLC to Client.
- Client understands that the specified terms of payment under this Agreement are based upon timely cash, check, or online forms of payments on the dates agreed. If Client chooses to defer paying any amount beyond the date on which it is due, Client may be charged at the Brains Concept Studios LLC’s discretion. Ownership of the media does not transfer until full payment is made to Producer.
10. CONTINGENCY AND WEATHER DAYS A.
- A. contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond the control of the production company.
- B. These circumstances may include but should not be limited to:
- (1) Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions desired by the Client).
- (2) Injury, illness, of any talents with strong proves.
- (3) “Force majeure” (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism, and acts of God).
- C. The Production Company (Brains Concept Studios LLC) recognizes its obligation to minimize contingency day liabilities and will apply accepted industry cancellation practices.
- D. The Production Company will quote the maximum exposure figure (a “not to exceed” figure) as a contingency day cost. 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 weekends, holidays or premium days based on consecutive employment).
11. CANCELLATION AND POSTPONEMENT
- A cancellation or postponement is defined as a rescheduling of the production to a later specific date caused or directed by Client or a total cancellation of the project. If the Production Company blocks out a specific period of time with the agreement that it represents a firm commitment from the Client, then the Production Company makes no further efforts to sell the time. If the job is canceled or postponed within the Guideline time frame, it is unlikely that this time can be re-booked. It should be understood that this time represents the Production Company’s only source of income. **If the production is canceled indefinitely, the initial payment will not be refunded. But if carried to another time down the line there will be an additional charge which will be strictly be at the discretion of Brains Concept Studios LLC
- A. If notice of cancellation/postponement is given to Brains Concept Studios LLC ONE TO TEN WORKING DAYS prior to the commencement of the shoot, the Client will be liable to the Production Company for a $100.00 Rescheduling Fee.
- B. If the shoot covers multiple days and a notice of cancellation/postponement is given to Brains Concept Studios LLC after the commencement of the initial shoot the Client will be liable to the Production Company for $200.00 Rescheduling Fee.
12. PUBLICITY GUIDELINES
- Until notified in writing by Client and Brains Concept Studios LLC each have a revocable license to use finished media(s) for promotional purposes.
13. ENTIRE AGREEMENT AND MODIFICATION
- This Agreement and any Addenda attached here to shall constitute the entire agreement between Brains Concept Studios LLC and Client. Any amendment here to must be in writing and signed by each party.