Producer TERMS & CONDITIONS
Important Note: you will not be a Candivan employee. You will be the actual owner of the show you’re producing.
If selected as a potential producer, you will be able to create a 1-2 minute sizzle reel for the show before the start of May 2018. This will combine some sort of footage from the show mixed with an interview with you and one with the creator (which will be sent to you if the creator does not live close to you). This sizzle reel will be part of our competition reel, which will be voted on by donators to our Kickstarter campaign. The winner of the contest will become a producer and all the following terms shall apply.
1.1 In consideration of Producer undertaking to produce the Video in accordance with the terms of this Agreement and subject always to satisfaction of the Conditions Precedent, defined in Sec. 2.1., Candivan shall provide up to a sum of $150 for the sizzle reel for all Potential Producers. If the show is selected as the winner of the sixth slot, you will become a Producer and Candivan shall provide up to a sum of $ 3,000.00 (three thousand US dollars) per episode to finance the production and completion of the Video (the "Financing"). The Financing shall be advanced by Candivan into the Producer's production account [as a lump sum/ in installments] [upon collecting the required amount through crowdfunding] and upon the terms and conditions set out in this Agreement.
1.2. Parties agree that the initial Financing shall be provided for production of two to three episodes of the Video only (to be agreed upon). If the first episodes received a minimum of [number] of views, Candivan shall have the option to extend the Financing for the production of additional episodes.
2. Conditions precedent.
2.1. Candivan's commitment to advance the Financing of the Video is subject to the fulfillment of all of the following provisions.
2.1.1. Delivery to and approval by Candivan of production budget
2.1.2 delivery to and approval by Candivan of a completed and comprehensive production schedule;
2.1.3. delivery to and approval by Candivan of copies of the fully executed agreements under which the services of the Scriptwriter(s), Film Director, Film Producer(s), Executive Producer(s), Leading Cast, Composer and all heads of department (as listed in the Main Elements) are engaged;
2.2. Producer acknowledges that no part of the financing will be advanced to Producer prior to the satisfaction of all conditions precedent and therefore if Producer proceeds with pre-production, production and post-Production before fulfillment of all conditions precedent, then it is doing so at its own risk.
2.3. Notwithstanding the above, if Candivan in its absolute discretion elects to advance to Producer any part of the Financing all of the conditions precedent have been satisfied, Candivan shall not be deemed to have waived such Conditions Precedent which must still be satisfied by Producer without any delay.
3. Approvals. Producer shall obtain Candivan’s approval over the following:
3.1. any changes to the main elements including any revisions to the Screenplay;
3.2. any changes to the Production Budget;
3.3. any changes to the Production Schedule;
3.4. any changes to the Video title;
3.5. Final Cut of the Video;
4. (Candivan representative) Executive Producer. Candivan shall appoint a representative (executive producer) to liaise with the Producer in respect of the Video production and to supervise the project, to make sure the budget is spent properly, and help with project management. The executive producer shall:
4.1.ensure that all matters have been timely addressed and within the budget;
4.2.help solve any disputes between the show-runner and the Producer;
4.3.make sure that the project is staying on course (i.e. not crossing any lines that were agreed to by the parties and would damage Candivan's brand).
The executive producer shall report any concerns and issues with the production of the Video to Candivan for review. In the event there is risk of overspent, or that the approved production dates will not be met, or that Candivan's brand will be damaged, Candivan shall be entitled to intervene.
5. Principal Photography.
5.1. Producer shall commence the Principal Photography of the Video within 90 days from the execution of this agreement and thereafter shall adhere to the Production Schedule, specified in "Appendix [B]" for the carrying out of the Principal Photography.
5.2. If Producer fails to commence the Principal Photography of the Video to the satisfaction of Candivan within the terms provided in Sec. 5.1., Producer shall, not later than 3 days after the expiry of the above-mentioned 90-day period, request from Candivan in writing for an extension of the time for Commencement of the Principal Photography.
5.3. Candivan has the sole discretion to approve or reject the request referred to in Sec. 5.2 above and, if it approves the application, to impose such terms and conditions to the approval as it considers appropriate.
6. Underspend. If any of the financing for the Video is underspent, Producer shall pay back to Candivan such amounts.
7.1. The Video shall be labeled "A Candivan Original Production" and Candivan shall receive a main title credit, [which shall be preceded by the logos of […..] only] on a separate card and an end credit followed by the logos of […..................] in the form set out in Appendix A of this Agreement on all copies of the Video.
7.2. Additionally Candivan shall receive a block of credits for such additional persons up to five (5) as may be designated by Candivan in the end credits, including but not limited to the executive producer, appointed by Candivan.
7.3. Producer shall procure that in all advertising and promotional material for the Video including posters, press releases, video sleeves and soundtrack album covers the credits and copyright notice set out in the Special Terms shall appear in the billing block of such material followed by the logos of Candivan and the copyright notice (all as illustrated in Appendix A)
7.4. Candivan will have the right to approve all credits on the Video and Producer shall submit a draft of all proposed credits to Candivan for approval prior to including such credits on any copy of the Video. The forms of Candivan logos are as set out in Appendix A or will otherwise be notified to Producer by Candivan.
7.5. Producer shall ensure that each of Candivan credits and logos as specified in this Section 7 will be no smaller or less prominent than those of any other financier.
7.6. Producer shall contractually require that any sales agent, all distributors and any other third parties responsible for the marketing of the Video accord Candivan the credits listed in this Clause 7 (as illustrated in Appendix A) without omission or alteration. No failure by any third party to accord such credit shall be deemed a breach of this Agreement by Producer provided that:-
7.6.1 in the event that Producer has knowledge that any breach is likely to occur, Producer shall use best endeavors to prevent such breach; and
7.6.2 in the event of any breach, Producer shall use best endeavors to remedy such breach without delay.
8. Press Release and Publicity. Producer shall not issue or authorize the issue of any press release or make any public announcements or issue any form of publicity regarding the Video and/or Producer’s or Candivan’s involvement therein, or use (whether expressly or impliedly) Candivan’s name in any document, publication, advertisement or publicity material without the approval of Candivan except pursuant to Producer’s performance of its obligations under this Agreement and to the extent that the relationship between Candivan and Producer in relation to the Video is public knowledge.
In the event of a conflict or inconsistency between the Special Terms and the Standard Terms, the terms of the Special Terms shall prevail to the extent of such conflict or inconsistency
END OF SPECIAL TERMS
Once a Producer, you must also agree to abide by all standard terms in our Producer Agreement Contract.
Note: This is not a guarantee as a role of Producer or Potential Producer. This is just an application.