CONTINUING AGREEMENT FOR PRODUCTION SERVICES
TERMS AND CONDITIONS
- SCOPE OF AGREEMENT – This Agreement applies to all services performed by DIRECTOR’S CUT, LLC (the Agency) on all work for the Customer and contains the entire agreement between the parties with respect to the subject matter hereof. No modification, amendment, waiver, termination or discharge hereof or any provision hereof shall be binding upon us unless agreed to by written instrument and signed by an officer of DIRECTOR’S CUT, LLC. No waiver of any provision of this Agreement or of any default hereunder shall affect our rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.
- APPLICABLE LAW – This Agreement shall be deemed to have been made and executed in the County of Orange, State of California, and shall be construed and interpreted in accordance with the laws of the State. If any part or provision of this Agreement is determined by a court of law to be unenforceable it shall not affect any other part or provision in this agreement.
- PERIOD OF PERFORMANCE & TERMINATION – This continuing agreement is for a one year period beginning on the Effective Date and will automatically renew on the anniversary date. Either party may terminate this contract by giving the other party written notice at least 30 days before the effective date of termination. In case of termination, the terms of this Agreement will remain in full force and effect.
- RATE CHANGES – rates are subject to change without notice.
- GRANT OF RIGHTS – Unless otherwise agreed to in writing, DIRECTOR’S CUT, LLC retains the right to display, exhibit and/or present our work product for the purpose of demonstrating our work to other persons, or clients.
- CUSTOMER REPRESENTATION – Customer is responsible for the availability of its authorized representative to approve the Producer/Director’s interpretation of the assignment as is required in the approval stages of the production. If no such representative is available, the Producer/Director’s interpretation will be deemed acceptable.
- CANCELLATION OF THIS AGREEMENT – Either party may terminate this contract by giving the other party written notice at least 30 days before the effective date of termination. All contractual obligations in accordance with this contract shall remain in effect with respect to the winding down of all contractual relations.
- BUDGET CHANGES AND ADDITIONS – If changes, revisions or additions are made to the production services at the request of the Customer or its Agent, DIRECTOR’S CUT, LLC shall be entitled to additional payment therefor determined on the basis of DIRECTOR’S CUT, LLC’s customary rates. Any additional production work will be estimated in advance wherever possible and said production work will be bound by this AGREEMENT FOR PRODUCTION SERVICES’ TERMS AND CONDITIONS in its entirety.
“DIRECTOR’S CUT, LLC DISCLAIMER OF
WARRANTEES AND REPRESENTATIONS – RISK OF LOSS”
- DIRECTOR’S CUT, LLC warrants that it will use professional materials for all projects. DIRECTOR’S CUT, LLC accepts no responsibility for defective materials whether supplied by the Customer or by DIRECTOR’S CUT, LLC. DIRECTOR’S CUT, LLC shall not be liable for any injury, loss or damage, direct or consequential arising out of the use of defective materials. Upon acceptance of the final artwork, films, printing or materials as contracted for by the Customer, DIRECTOR’S CUT, LLC’s obligation to the Customer is terminated. In no event shall DIRECTOR’S CUT, LLC be liable hereunder for any indirect, incidental or consequential damages, loss or anticipated loss of profits, or other economic loss.
It is understood that DIRECTOR’S CUT, LLC accepts no responsibility for the performance of equipment, supplies or other any other items or props furnished by the Client.