Terms & Conditions
TERMS AND CONDITIONS
Please read these Terms & Conditions carefully. They are a legally binding part of every service we offer and forms part of each budget, quotation and invoice.
1.0 Copyright:
The copyright of all images, film footage, animations, logo's created by Bangkok Video Productions is transferred to the client in full & Bangkok Video Productions will have no claim to such material upon final payment to Bangkok Video Productions by the client as set forth in the agreement.
1.1 Final Payment:
The film footage and any edited products will remain the property of Bangkok Video Productions until all payments are received, whether filmed by the client or Bangkok Video Productions.
2.0 Film Permits Work Permits, Location Permits & Visa's:
2.0 Film Permits:
Require at least one week for approval process. For approval, the permit requires addresses of all locations, names of all cast and crew. So allow for these requirements.
2.1 Permit Delays:
We shall not be responsible for film permit delay's. National parks take up to an additional week for approval. Please plan for this.
2.2 Film permit Fees:
We provide our clients with a flat fee for Thailand Film Office Filming Application submission for up to three (3) foreign crew, cast or executive team with an additional fee per foreign team member more than the original three applications.
2.3 Changes to Film Permit:
Any changes to Applications after submission will attract fees and charges as set forth below.
2.4 Film Permit Submissions:
Film permits can only be submitted only once all locations, cast and crew have been selected and appropriate paperwork has been provided to Bangkok Video Productions.
2.5 Filming Locations Authorization:
Locations can only be selected for Film Permit Application upon receiving authority to Film at that location by the relevant authority or owner of property.
2.6 Rescheduling Permits:
If the schedule is changed the Film Officer fee for the original date still applies once the filming application has been submitted. A new Film Officer fee will apply to the new filming date.
2.7 Documentation Fees:
A minimum Film Coordinator documentation fee of 5,000 THB will apply for any new Film Permit Application submission due to change of filming schedule.
2.8 Work Permits:
Work Permit Applications may vary in cost depending upon length of stay and type of assignment. Please refer to your quotation for the fee applicable to your application.
2.9 Work Permits:
Any changes to the Work Permit original application such as change in filming schedule may attract addition fees such as Department of labor fees and application documentation fees.
2.10 Work Permits:
You may be required to obtain a health check at a local medical clinic as part of your work permit application fee. This must be undertaken at least two days before filming starts to give enough time for the Work permit application to be processed and granted. The clinic will charge a Medical Certificate fee at the cost applicable to their rates.
2.11 Visa's:
Visa Application rules may change without warning. We must follow any new ruling even if this new ruling came into effect after we made our initial Visa application.
2.12 Visa's:
Any new rule change may mean a change in Visa fees. These will then apply to Visa's currently in process.
2.13 Visa's:
Any changes in foreign persons (usually client's cast or crew or executive team) after the original application has been submitted will require a minimum documentation fee charge of 5,000 THB.
3.0 Payments:
3.0 Payment Dates:
Payment dates in the budget represent the dates that the money must be here, in Thailand, in cash, ready to make payments as required to undertake the given assignment. It is not the date that you send us the money by bank transfer which can take from 3-6 days to arrive. Please understand this. No exceptions.
3.1 Budget linked to Schedule:
This is a budget based upon clients stated requirements and includes prices obtained from 3rd parties at time of creating this budget. This budget is linked to specific filming & Post-Production editing days & dates may change according to clients additional requirements or changes in 3rd party costs.
3.2 Additional Items:
This agreement are for all items in this document. Additional items requested not marked will be require to be signed off prior to purchase and paid for at time of purchase.
3.3 Additional Funds:
The client should hold in pocket a minimum of 20,000 Baht cash for incidentals. (For commercial-film-Coordinator jobs only, not for corporate-video-production)
3.4 Payment Currency:
All payments are required in Thai Baht. The client is liable for all bank or exchange charges.
3.5 Additional Requirements:
Where additional requirements are requested, or where unclear requirements are received which result in more time to complete the project, Bangkok Video Productions reserves the right to refuse or charge for the additional amounts incurred with no effects to their rights.
3.6 Deposits:
Deposits are not refundable however Bangkok Video Productions may provide a credit against future work on a case by case basis.
3.7 3rd Parties:
This budget may change according to clients additional requirements or changes in 3rd party costs due to rescheduling or unavailability.
3.8 Duration of budgets:
All budgets are valid for the precise filming schedule as stated in the document .This is due to seasonal variations in prices as well as availability of equipment and crews and other external forces Any change in schedule will require a recalculation of budget.
4.0 Working Conditions for Production Filming:
4.1 Call Time:
Call time means the call time stipulated by the producer in which the technician is required and obliged to be on set or any specific place. If the set/location is within 40km’s of the production office, or hotel if on an away shoot, then call time will be the time the crew member is required on set regardless of own or provided transport.
If the location is further than 40km’s away from the production office, then call time will be the time the crew member is required to be at the production office, hotel or vehicle collection point.
If the location is further than 40kms from the production office or hotel, transport will be provided by production. Crew who do not utilize the provided transport must make their own way, at their own expense, to the location.
If a specific crew member’s call time on location is later than the departure time of the provided transport, then that crew member’s travelling expense will be remunerated.
Call and wrap time for designated drivers will be taken from the time of vehicle collection point to vehicle return point, regardless of distance to and from location.
4.2 Wrap Time:
Wrap time means the end of a shooting session, technical wrap or return to base if the location is further than 40 km’s from base, as called by the producer.
4.3 Working Hours:
Working hours per standard day, premium day, split shift day or night shoot and to which no overtime applies, shall be 10 hours including meals. Only after the specified hours are worked, will overtime apply.
4.4
Overtime: Overtime at time and a half or double time is payable on a standard day. The following crew members are excluded from overtime: runners, trainees and junior assistants in all departments, all production staff and chaperones.
Crew members will be paid overtime as follows: 1st 4 hours x 1.5, thereafter x 2
Overtime will be charged for in quarter hour increments i.e. Wrap called after the quarter hour will be rounded up and wrap called up to the quarter hour will be rounded down.
Should the last day of shoot wrap after 24h00, a penalty of triple time will be incurred for every additional hour (or part thereof) regardless of whether or not an extended day has been called.
Production will limit the hours worked by Production Assistants to a maximum of 14 hours per day. On shoot days pro-rata overtime will be paid for hours in excess of 14, should the Production Assistant agree to work these hours.
4.5 Standard Day:
Standard Day shall mean a day shoot of 10 consecutive hours and applicable overtime hours.
Call time for a standard day cannot be earlier than 03h30. Agents should be notified well in advance, with a minimum of 3 days advanced warning, if call time is any time before 04h00 on the first shooting day. Should sufficient advanced warning not be given, crew may be replaced.
4.6 Premium Day:
Premium Day shall mean any Sunday, Public Holiday or first night of a night shoot.
Premium days will be paid at 1.5 x the standard daily rate - this applies to all crew. A night shoot on a premium day will only be paid at time and a half.
Overtime rates shall be calculated at premium day rates in respect of premium days. (i.e. 1.5 x time and a half for the first 4 hours, and 2 x time and a half for the hours thereafter)
A premium rate will be paid for all shooting days after 6 consecutive shoot days, until a day of rest is provided. Sundays and Public Holidays will be paid at normal premium rates.
4.7 Public Holidays:
Public Holiday shall mean the following Public Holidays as defined in the following Website: http://www.thaiembassy.sg/about-rte/official-public-holidays-in-thailand
A Public Holiday shall also mean any other Public Holiday deemed as such by Government should the official Public Holiday fall on a Sunday.
4.8 Split Shift:
Split Shift shall mean a day/night called as such by the producer in which a minimum time out of 4 hrs is called.
4.9 Time Out:
Time Out is the total rest time called by the producer to create a split shift day and shall not be less than 4 hours.
This 4 hour period is from wrap to call time back on set if set is within a 40km radius from base, or from wrap time to call time back at base if the set is further than 40kms from base. The producer must inform the crew/crew agents of the split shift on confirmation of the booking.
The producer has the option to call a split shift day. The minimum payment will be for a standard day. If standard day working hours are exceeded, the normal overtime structure applies.
If a split shift day is called on a premium day, then premium rates shall be paid.
Call time on a split shift day may not be later than 08h00 for the first shift or later than 16h00 for the second shift.
A day may not be classified as a split shift if crew are not permitted to leave set during the hours between filming i.e. the crew must be able to go home, to base, hotel or tented camp during the break.
4.10 Travel Day:
Travel Day shall mean a day called as such by the producer and in which the travel time is not greater than standard day hours (i.e. 10 hours).
For a travel day, half of the standard day rate shall apply to all crew (refer 2.9.3 for the exception). A standard day rate is paid even if travel occurs on a premium day. If more than 10 hours are traveled,
Payment for those hours traveled over 10 hours will be on a pro rata basis calculated at standard day rates, regardless of what day the travel occurs. (e.g. travel of 12 hours = half day of 5 hours plus 2 hours pro rata = 7 hours).
For a travel day, designated drivers shall be paid a half day rate if they work (drive) for less than 5 hours. If designated drivers drive for longer than 5 hours then a full day rate shall apply.
If travel occurs on a premium day, a premium day rate will be applicable on the same basis. If 10 hours of travel are exceeded then the normal overtime structure will apply. Travel hours should not exceed the reasonable time required to reach a specific destination.
4.11 Gear Check:
Gear Check means a day called as such by the producer in which the hours worked do not exceed 5 hours.
If less than half (half being 5 hours excluding a meal break) of standard day hours are worked on a gear check day, then half the standard day rate shall apply.
If more than 5 but less than 10 hours are worked, payment will be on a pro rata basis calculated at standard daily rates. On a premium day, premium rates will apply.
If more than 10 hours are worked, normal overtime rates will apply
4.12 Pre-light:
Pre-light means a day called as such by the producer and in which no filming is undertaken and the hours worked do not exceed 5 hours.
If less than half (half being 5 hours excluding a meal break) of standard day hours are worked on a pre-light day, then half the standard day rate shall apply.
If more than 5 but less than 10 hours are worked, payment will be on a pro rata basis calculated at standard daily rates. On a premium day, premium rates will apply.
If more than 10 hours are worked, normal overtime rates will apply.
4.13 Pre-rig / De-rig:
Pre-rig / De-rig means a day called as such by the producer and in which no filming is undertaken and the hours worked do not exceed 5 hours.
If less than half (half being 5 hours excluding a meal break) of standard day hours are worked on a pre-rig / de-rig day, then half the standard day rate shall apply. If more than 5 but less than 10 hours are worked, payment will be on a pro rata basis calculated at standard daily rates.
On a premium day, premium rates will apply. If riggers are utilized on a shoot to help filming crew, then normal day rates and overtime rates apply.
If more than 10 hours are worked, normal overtime rates will apply.
4.14 Technical Recce:
Technical Recce means a day called as such by the producer and in which the hours worked do not exceed 5 hours.
Technical recces (5 hours) will be charged at half day rates. If more than 5 hours but less than 10 hours are worked, payment will be on a pro rata basis calculated at standard daily rates. On a premium day, premium rates will apply.
If more than 10 hours are worked, normal overtime rates will apply
If the production company is prepared to wait for confirmation of a recce 24 hrs before it is due to occur, only an hourly pro rata rate will be charged (i.e. no work has been lost by the crew member).
4.15 Night Shoot:
Night Shoot means a shoot in respect of which call time is 15h00 or later. If a shoot is called between 12h00 and 15h00, but continues after 24h00, it will revert to being deemed a night shoot.
The producer must inform the crew / crew agents of a night shoot at the time of confirmation of the booking.
The first night of a night shoot will be the same as premium day rates i.e. time and a half for the first night of a night shoot.
4.16 Weather Day: Weather Day means a day which occurs if the scheduled shoot is not completed due to the weather. The weather day may be added on to the end of the scheduled shooting period, or may be booked as an additional day at such time as scheduled by the producer.
4.17 Extended Day: Extended Day means a standard day shoot of more than 14 hours.
Producers are to inform crew/agents 3 working days prior to the first shoot day when an extended day is planned. If a shoot continues beyond the prescribed time, crew will stay, but should be permitted to leave the set at a reasonable time before the commencement of their next call.
Crew booked for an extended day must either directly or via their agents inform both producers concerned.
4.18 Day Off: Day Off is where a minimum of 24 hours rest is given.
4.19 STANDBY: Should a crew member be put on standby on any given day, a half day rate will become payable to that crew member if he/she is not released by 10h00 on the day of standby.
4.20 MEALS: There will be a maximum of 6 hours between meals. If a call time is before 07h30, breakfast will be provided. This also applies to recce and prelight days.
The six hours is calculated from completion of the previous meal. The period of time allocated for meals should not be less than half an hour.
Meals are to be provided during a split shift if food is unavailable nearby to the studio/location where the split shift is called.
An evening meal should be provided on an extended day i.e. 6 hours after lunch.
5.0 Equipment Hire
5.1 One Day:
Equipment hire time is calculated from the time the equipment leaves the equipment store to the time the equipment is returned to the store. 1 Day is 24 hours.
5.2 Damage:
Any damage to the equipment that is being operated by the client-company that has engaged bangkok Video Productions services is responsible for such equipment and if the equipment is damaged then the client company is responsible for the repair or full replacement of such equipment.
5.3 Damage Additional fees:
There may be an additional damage fee payable for loss of hire days whilst any equipment is being repaired. This fee will vary depending upon the terms of the original owner of the equipment.
5.4 Late Return:
Any equipment not returned within the agreed hire period will be charged at the standard rate for daily hire.
5.5 Cancellations:
Equipment cancellation after booking may incur a fee depending upon the terms from the original owner of such equipment.
5.6 Travel Days:
Equipment that has to be transported to a location requiring "travel days" will be charged at either full price or half price depending upon the terms of the original equipment owner. Please refer to your quotation for clarification.
5.7 Payment:
All equipment rentals must be paid in full at time of rental. If client is transferring funds to our bank for payment of equipment, then it must be in our bank at least one day prior to pickup of equipment. Failure by the client to transfer "cleared" funds into our bank account in time for Bangkok Video Productions to make any third party payments may cause a delay to the filming schedule and Bangkok Video Productions will not take responsibility for any delay.
6.0 Casting; Actors, Extra's and Performers:
6.1 Working Hours:
Is for a "10 hour Standard Day" including lunch break. The time is calcualted from the "Call time" to the "Wrap time".
6.2 Overtime:
Overtime hourly rate is 1.5 times the standard day rate before midnight and double the standard day rate after midnight.
6.3 Travel Days:
Travel days for Cast is calculated at 50% discount on the Standard day rate.
6.4 Bookings:
Once Cast has been booked, cancellations will incur charges. This may be the full day rate or a percentage thereof, depending upon the terms and conditions under which each individual Cast has been engaged by the organizing company
6.5 Late to set:
Bangkok Video Productions will do everything reasonable to ensure that cast arrive on-time to the set including speaking with the cast the evening before their production day, speaking to the cast early on the production day and providing transport if required to the film location, however Bangkok Video Productions accepts no liability or penalty caused due to a cast member arriving late on-set or at a specific given location for their "call time".
7.0 Rescheduling Production Filming Days:
7.1 Schedule:
All parties shall agree the Filming schedule as set forward in the agreement and each party will use their respective reasonable endeavors to ensure that Filming takes place as agreed. (The film permit is directly connected to the submitted film schedule. Any change to any aspect of the film permit may cause delays).
7.2 Client Unavailability:
If Filming Production is unable to take place on an agreed Filming date the unavailability of the Customer (or the subject of the Film) or other factor within the control of the Customer and Filming is cancelled on less than two weeks’ notice,
Bangkok Video Productions shall be entitled to charge for the Filming of that Episode and the Customer shall not be entitled to any refund. Bangkok Video Productions shall be entitled to charge additional fees for any re-scheduled filming in accordance with their stated Filming rates.
7.3 Reschedule:
Where the client requests to reschedule the project, 1 week advance notice is required. Bangkok Video Productions reserves the right to refuse the rescheduling where we are unable to supply the agreed service for any reason. The client will be liable for costs incurred by Bangkok Video Productions, due to the rescheduling.
8.0 Liability:
8.1 Equipment Damage:
All equipment is provided without insurance. When a client is in control of or is operating any equipment, then the client is responsible for cost of loss and damage on all equipment at full replacement value.
8.2 Hazardous Environment:
Shooting in hazardous or dangerous environment for the equipment requires prior approval from Bangkok Video Productions & 3rd party Crew & Equipment hire companies.
8.3 Limitation of Liability:
In no event will Bangkok Video Productions be liable to the client for any lost profits, lost savings or incidental, indirect, special or consequential damages throughout duration of the agreement and after agreement termination.
8.4 Claims:
Bangkok Video Productions takes no responsibility and the client indemnity’s Bangkok Video Productions against any claims of inaccuracy or illegal content, or issues with regard the licensing to film at a location, use of media or images.
9.0 Cancellation:
9.1 Illegal Activity:
Bangkok Video Productions reserves the right to cancel the project with no effect to their rights and full payment per this contract where the client and their staff participate in illegal activity or are in breach of any Thai Law.
9.2 Deposits:
All deposits are non-refundable if an agreement is cancelled by the client within 7 days of starting pre-production phase.
9.3 Cancellation Notice:
The cancellation notice must be in writing to Bangkok Video Productions. Cancellation requires 1 (one) week notice. Where the deposit does cover not all costs to for work performed, the client will be liable to pay the balance.
9.4 Cancellation:
Bangkok Video Productions may cancel a Film shoot at any time prior to the start date and shall refund all sums paid by the client, but Bangkok Video Productions shall not be liable for any damages or costs occurred by the client in regards to the cancellation.
9.5 Refunds:
Where a refund is due it shall be paid by cheque or bank transfer within 30 Business Days of the event triggering such refund.
10.0 Insurance:
10.1 Proof of Insurance:
Hirer must Provide Proof of production insurance. Bangkok Video Productions as loss payee. Additionally Insured.
11.0 Force Majeure & Unforeseen Events:
11.1 Act of God:
A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, heightened security measures, terrorism, war, strikes or labor disputes, embargoes, government orders, local administration orders or private entity orders, or any other force majeure event.
11.2 Unforeseen Events:
Bangkok Video Productions will take every reasonable measure to ensure filming production is as per the schedule; However if due to illness of those involved in the Filming production, adverse weather conditions, unexpected unavailability of Filming locations, defective equipment or any other occurrence beyond Bangkok Video Production’s control, and Bangkok Video Productions is unable to commence Filming on the agreed date, Bangkok Video Productions shall have the right to reschedule Filming for such other convenient date at no penalty from the client.
12.0 Jurisdiction:
12.1 Thai law:
This agreement is under the jurisdiction of Thai Law.
12.0 Unsigned Agreement.
12.1 Unsigned:
Where the client does not sign the agreement, however pays a deposit to Bangkok Video Productions, and when following emails clearly show that the client is proceeding with the work stated within the agreement then these actions by the client will be considered an acceptance of the Terms and Conditions of this agreement.
The above agreement is between Bangkok Video Productions Co Ltd (hereto known as Bangkok Video Productions) of Bangkok Thailand and the CLIENT stated below “CLIENT NAME”
On signing this agreement it will be treated as a purchase order from the Client and Bangkok Video Productions.
Bangkok Video Production will provide an invoice for the amounts per the payment schedule.
These terms and conditions are agreed and Approved by:
……………………………………………………………………………………. Date:………………../………………./…………………
CLIENT Authorized Signature
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CLIENT Name:
……………………………………………………………………………………….. Date:………………../………………./…………………
Bangkok Video Productions Co Ltd. Authorized Signature
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NAME