1.0 The TEAM has been accepted into Phase II of the FILM 5 program for 2018 – 2019, which runs from January 2019 to October 2019. (The “TERM”)
1.1 FILM 5, a professional development, production program, is a project of the Atlantic Filmmakers Cooperative, (AFCOOP).
1.2 The mandate of FILM 5 is to develop emerging writers, producers, directors and technical crew.
1.3 Through the TERM, the TEAM will receive training and make a film NO LONGER than nine (9) minutes and no less than four (4) minutes in length, including credits. Principle photography will be shot over no more than two (2) consecutive calendar days with a possible extra half day of pick-ups, all between March 9th, 2019 and March 31st, 2019.
1.4 Your Film is hereinafter referred to as the “PRODUCTION”.
2.0 FILM 5 shall consist of a series of mandatory workshops for WRITERS, PRODUCERS, and DIRECTORS of the TEAMS, as well as the pre-production, production and postproduction of an approximately five-minute film.
2.1 The PRODUCTION is made under the supervision of the SUPERVISING PRODUCER and AFCOOP, and shall be produced in accordance with the approved SHOOTING SCRIPT and the LOCKED BUDGET.
2.2 The SUPERVISING PRODUCER, in consultation with the PRODUCER MENTOR, must approve final budgets and shooting scripts.
2.3 Should the SUPERVISING PRODUCER, in consultation with the PRODUCER MENTOR, determine that the project is not sufficiently developed, the SUPERVISING PRODUCER has the authority to stop production.
2.4 PRODUCERS are required to meet with the PRODUCER MENTOR on a minimum of two occasions in pre-production.
2.5 DIRECTORS are required to meet with the WRITER/DIRECTOR MENTOR on a minimum of two occasions in pre-production.
2.6 TEAMS are required to meet with the SUPERVISING PRODUCER on a minimum of two occasions in the post-production process.
2.7 A flat fee of three hundred dollars ($300) CAD for each TEAM member must be paid to AFCOOP as tuition for the Program by February 20th, 2018. Payment of tuition will confirm the TEAM’s acceptance into FILM 5. Tuition covers all training as well as an AFCOOP membership fee.
3.0 The PRODUCTION is paid for, in whole or in part, by FILM 5 based on the LOCKED BUDGET developed with, and approved by, the SUPERVISING PRODUCER. The TEAM will receive cash and services no less than the following:
Cash $8, 000
In-Kind (services, gear, film stock) $25, 000
Cash $500 Completion Bonus pending deliverables.
3.1 The LOCKED BUDGET must correspond with CONFIRMED production financing of the PRODUCTION. The LOCKED BUDGET must also provide for the following minimums:
Payment to Key Personnel Minimum of $750 total
Contingency $800 (or 10% of the cash budget whichever is greater)
3.2 TEAMS can seek external funding. External funding cannot affect the TEAM’S ownership of the project. External cash cannot exceed $10,000.
3.3 The SUPERVISING PRODUCER and AFCOOP must approve external financing. This can be done in the following manner:
A. producing official letters of support from recognized organizations (i.e. the National Film Board, NS Arts, Culture Division, Canada Council, etc.)
B. donated items, whether cash or in-kind services, must be confirmed with letters of sponsorship or commitment and cash must be deposited into the AFCOOP bank account, no later than one month before the start of principal photography.
3.4 The terms of this contract are subject to final funding confirmation from program funders and FILM 5 and AFCOOP sponsors.
4.0 The TEAM members must attend the FILM 5 workshops as required by AFCOOP. Failure to do so may result in dismissal from the Program. Should a workshop require rescheduling the TEAM members will make every effort to attend the rescheduled workshop. However, if they are unable to do so due to prior commitments it will not reflect upon the TEAM member’s position in the Program.
5.0 The PRODUCTION must be four to eight (4 – 8) minutes in length, including credits. The final script must be submitted by the TEAM and approved by the SUPERVISING PRODUCER, the PRODUCER MENTOR and AFCOOP (the “SHOOTING SCRIPT”) by a deadline to be determined by the SUPERVISING PRODUCER. The maximum page count for shooting scripts is SIX (6) PAGES in standard screenplay format.
6.0 The TEAM must have a minimum of seven (7) TRAINEES on their crew who shall be selected from the qualified applicants to the Trainee Program of FILM 5. TRAINEES that have not yet worked on a FILM 5 production shall have priority over TRAINEES who have already received on-set training through FILM 5.
6.1 The TRAINEES must be placed in at least three of the following positions:
7.0 The TEAM shall provide AFCOOP with such materials and information as AFCOOP may reasonably request from time to time.
7.1 The TEAM will follow the rental terms and conditions of AFCOOP, which apply to all users of AFCOOP equipment and facilities.
8.0 The TEAM shall make available no later than August 1, 2019 a synopsis, 6 production stills (jpeg at 300dpi) cleared for use, biographies of the TEAM, and other relevant information for promotion and publicity, as they are available.
8.1 The TEAM shall deliver to AFCOOP no later than Oct. 31 2019:
- One (1) high quality digital file of the finished PRODUCTION in the format of Quicktime .mov 1920 X 1080 23.976 Apple Pro Res 422 HQ
- Vimeo password protected link to the finished film (screener)
- Final crew list (with TRAINEES italicized).
- Final SHOOTING SCRIPT.
- Brief synopsis of the film.
- Copies of any promotional material (posters, post-cards, one-sheets etc.).
- Signed location agreement(s).
- ACTRA agreements or other actor contracts.
- Music license contracts for all music usage in the PRODUCTION.
- Final cost report for the PRODUCTION.
WARRANTIES, REPRESENTATIONS, INDEMNITIES
9.0 The TEAM covenants, warrants, and represents that:
(a) All monies provided by FILM 5 pursuant to this AGREEMENT shall be applied solely to the PRODUCTION.
(b) All other costs, expenses, debts, taxes, rates, and / or charges arising from the PRODUCTION, its development, production, and distribution, shall at all times be the responsibility of the TEAM.
(c) In regard to liabilities, damages, or suits arising from the development, production and distribution of the PRODUCTION, the TEAM shall work in accordance with the procedures and
policies designed by FILM 5 to provide the greatest insurance possible at this time. These procedures are as follows:
A. The TEAM’s PRODUCER must provide all TRAINEES of the PRODUCTION with the relevant sections of the current Health and Safety Guidelines for the Nova Scotia Film and Video Production Industry.
B. The TEAM will incorporate safety issues as part of the regular production meeting for all staff, crew, TRAINEES, keys, volunteers, talent, and extras of the PRODUCTION.
C. If the TEAM requires production insurance in addition to the insurance that AFCOOP provides, it will be the sole responsibility of the TEAM (and must be reflected in the PRODUCTION BUDGET).
D The TEAM shall indemnify and hold harmless FILM 5 and AFCOOP, their respective directors, coordinators, officers, and employees of and from the costs, charges, claims, damages, judgments, and expenses including costs on a solicitor / client basis arising from or relating to:
i) the development, production, distribution, and exhibition of the PRODUCTION; or
ii) any breach of covenant, warranty, or representation of the TEAM pursuant to this AGREEMENT.
E The TEAM will obtain all consents and rights for the PRODUCTION, including, but not limited to, all rights in copyright.
F The TEAM warrants that the performing rights for any music contained in the PRODUCTION licensed in this agreement are:
- i) controlled by SOCAN or other affiliated societies, or;
- ii) in the public domain, or;
iii) controlled by PRODUCER.
G The TEAM will release AFCOOP and will indemnify and hold harmless AFCOOP from and against any damages or expenses which may arise out of the telecast of any music in the PRODUCTION for which the performing rights are neither in the public domain nor controlled by an organization or person referred to in 9. 0 (f).
9.1 The TEAM shall, at the request of FILM 5, write and submit production updates addressed to the principal investors and funding agencies of FILM 5.
9.2 The TEAM further warrants that no commercial identification of any kind will be included as a background for the copyright notices or production credits.
10.0 The TEAM covenants, represents, and warrants that they have all the necessary and required copyright to produce and develop the PRODUCTION and all copyright in the PRODUCTION shall belong to the TEAM subject to the following:
- the right of AFCOOP to exhibit the PRODUCTION for non-commercial promotional purposes and in conjunction with its educational programs;
- the right of Telefilm Canada to exhibit the PRODUCTION non-commercially for promotional purposes.
- the right of AFCOOP to use no more than thirty (30) seconds of the finished product or screen shots from the finished product for promotional purposes in any media.
- the right of AFCOOP to make the PRODUCTION available for in-house (non-public) screenings.
11.0 All PRODUCTION credits must be submitted in writing to FILM 5 prior to the negative cut, or final digital reproduction. FILM 5 reserves the right to approve any and all credits.
11.1 The following shall appear in the credits of the PRODUCTION, as a single card, on all positive prints and digital and video copies of the PRODUCTION:
Produced in Association with
The Atlantic Filmmakers Cooperative
(AFCOOP’s logo, as provided by AFCOOP)
11.3 The following shall appear in the credits of the PRODUCTION, as a single card, on all positive prints and digital and video copies of the PRODUCTION:
This has been a FILM 5 Production.
(FILM 5’s logo, as provided by AFCOOP)
11.4 The following shall appear in the credits of the PRODUCTION, as a single card, on all positive prints and digital and video copies of the PRODUCTION:
FILM 5 is presented with the assistance of the Province of Nova Scotia
(Province logo, as provided by the province)
11.5 The following shall appear in the credits of the PRODUCTION, as a single card, on all positive prints and digital and video copies of the PRODUCTION:
FILM 5 is presented with the participation of Telefilm Canada
(Telefilm Canada logo, as provided by Telefilm)
11.6 The following shall appear in the credits of the PRODUCTION, on all positive prints and digital and video copies of the PRODUCTION:
Supervising Producer: Erin McDonald
Producer Mentor: TBD
Writer/Director Mentor: *your individual mentor
11.6 The following shall appear in the credits of the PRODUCTION, on all positive prints and digital and video copies of the PRODUCTION:
Made Possible by the Generous Support of
(all sponsor logos as identified by FILM 5, and in the order determined by FILM 5. The number of cards will be determined by the value of sponsorship)
11.7 The TEAM undertakes to thank or make note of Telefilm and AFCOOP in any television, public or radio interviews. The TEAM will include recognition of all FILM 5 sponsors in all press releases and promotional material for the PRODUCTION or FILM 5.
PERSONAL CONSENT AND RELEASE
12.0 The TEAM gives consent for AFCOOP, it’s employees or agents to take and use photographs and/or digital images of them for use in news releases and/or promotional materials related to AFCOOP and the FILM 5 program. These materials might include printed or electronic publications, websites or other electronic communications. The TEAM further agrees that their name and identity may be revealed in descriptive text or commentary in connection with the image(s). The TEAM authorizes the use of these images without compensation to them. All negatives, prints, digital reproductions shall be the property of AFCOOP.
DEFAULT AND TERMINATION
13.0 The following shall be deemed a DEFAULT by the TEAM under this AGREEMENT:
failure to complete or fulfill any of the terms or conditions set out in this Agreement;
breach of any term, warranty, representation or covenant contained in this Agreement.
- In the event of DEFAULT, AFCOOP shall notify the TEAM in writing and the TEAM shall have fifteen (15) days from the date of such notice to solve such DEFAULT. In the event the TEAM fails to solve such default within the time period outlined above, AFCOOP may at its sole and absolute discretion:
- stop all further payments to the TEAM;
- demand re-payment of all monies advanced to the TEAM under section 3.0.;
- charge the TEAM a 5% administration fee to process all outstanding paperwork.
13.2 AFCOOP reserves the right to terminate this AGREEMENT at its sole discretion.
14.0 In the event that AFCOOP feels that the TEAM has failed to conduct themselves in a manner that is in keeping with the spirit of the PROGRAM, including but not limited to behaviour which is un-professional, un-cooperative, or duplicitous and that such an issue cannot be resolved between the SUPERVISING PRODUCER and the TEAM, the matter will be referred to the EXECUTIVE DIRECTOR who will follow the following process:
Step 1. Telephone or other verbal contact by the EXECUTIVE DIRECTOR to clarify the issue and constructively offer recommendations and/or assistance in resolving the issue.
Step 2. Failing a satisfactory resolution under Step 1, a letter will be written to the TEAM outlining the failure to comply, potential consequences and suggested solution(s).
Step 3. Failing a satisfactory resolution under Step 2, a letter will be written to the TEAM member(s) and/or TEAM upon approval by AFCOOP’s BOARD OF DIRECTORS, outlining the action(s) the EXECUTIVE DIRECTOR is obligated to take under the Policy.
14.1 In the event that the TEAM feels that AFCOOP has failed to comply with this Agreement, they will follow the following process:
Step 1. Submit a letter to the EXECUTIVE DIRECTOR to outline the issue. It is recommended that the letter also include proposals for resolving the issue in addition to identifying the problem.
Step 2. Failing a satisfactory resolution under Step 1, the TEAM member may make a further written appeal to AFCOOP’s BOARD OF DIRECTORS whose decision will be final.
14.2 Neither party will undertake a later step in the dispute resolution process until resolution through the preceding step has been attempted.
14.3 The Dispute Resolution process cannot be used by the TEAM as a way to avoid the consequences outlined in section 14 of being in DEFAULT or having the AGREEMENT terminated.
15.0 This agreement shall be interpreted in accordance with the laws of Nova Scotia, Canada.