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12 Contract Crew Agreement and Guide

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100% found this document useful (1 vote)
195 views7 pages

12 Contract Crew Agreement and Guide

Uploaded by

Ephrem Hailu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Contract Crew Agreement

Guide for Filmmakers

The Contract Crew Agreement should be used when you engage a paid, independent
contractor to work as crew on your production.
This document contains:

 General information about using the Agreement


 Step-by-Step Guide to the Agreement
 The Contract Crew Agreement form

 General information about using the Agreement


WHY A signed agreement shows that you (the filmmaker) and the
independent contractor understand and agree:
 what you expect of each other
 on the conditions of the Agreement.

WHO The Agreement is between you and the independent contractor


who will be working on your production. It is your responsibility to
provide safe and fair working conditions.
An independent contractor is a person who runs a business and
hires out their services. They have an ABN (Australian Business
Number) and they submit an invoice for payment. The invoice
may include GST. Check your superannuation responsibilities on
www.ato.gov.au.

WHEN You must have a signed agreement between yourself (the


filmmaker) and the contractor before the contractor starts work
on your production.

HOW Read the Step-by-Step Guide on the following page.

© Wide Angle Tasmania Inc.


 Step-by-Step Guide to the Agreement

Before you meet with the contractor


Read the Agreement
Each part of the Agreement has a number. You must understand what each part of the
Agreement means. This guide explains what each part means.

Complete Parts 1 to 5

1. Production The title of your production. If it doesn’t have a title, write a brief
Title description of the production (e.g. “scenes for a short drama set in a
bathroom”)

2. Filmmaker Your name and position (e.g. producer or production manager)

3. Contractor The contractor’s name, details, business name and ABN.


Details

4. Crew Role What is the role that the contractor will have? This is the name of the
credit that you must include on your production.

5. Dates and The dates and times that the contractor will work. If you don’t know
Times of the exact times, tick the check box To be advised in call sheets and
Work schedules issued in advance.

 Give a copy of the Agreement to the contractor.


 Make sure they have enough time to read, consider and discuss it before meeting
with you to sign it.

When you meet with the contractor

Prepare your Have a copy of:


documents
 the Agreement
 your Public Liability Insurance Policy
 your Workers’ Compensation Insurance Policy
 Basic Crew Conditions document
 Top Ten Tips for Crew document
 Code of Conduct for Working with Children on Set

© Wide Angle Tasmania Inc. Contract Crew – Step-by-Step Guide


Use this guide as a step-by-step way to talk about the Agreement with the
contractor
 Explain clearly what you want them to do, and when you want them to do it.
 Talk about each part of the Agreement.

6. Equipment Will the contractor use their own equipment on the production? E.g.
camera, lights, computer, car, dolly, make-up. List any equipment that
the contractor provides.

7. Safety and You must make sure that all contractors have the skills and experience
Security to do the work. Talk about the role and what is expected.
 If the contractor has not worked on set before, you must talk about
safe behaviour on set.
 If children will be on set, discuss how crew and cast must behave
around the children.
 Give a copy of the Code of Conduct for Working with Children
on Set.
 Explain that contractors must not work if they are under the
influence of drugs or alcohol.

8. Fee How much will you pay the contractor for their work? Will the contractor
charge GST? Talk about when you will pay the fee.

9. Working The conditions of the contractor’s work, such as hours and breaks, and
Conditions safety on set, will be those in the Motion Picture Production Certified
Agreement. More information can be found at www.meaa.org
 Give a copy of the Basic Crew Conditions to the contractor.

10. Credits The contractor must get a credit on the production. This credit must be
the role named in Part 4 Crew Role. If the contractor wants to use a
different name for the credits, write this in the space for notes.

11. Editing The contractor agrees that the filmmaker:


 may edit the recordings and
 does not have to include the contractor’s work in the production.

12. Publicity The contractor agrees that the filmmaker may use images and
recordings of the contractor to promote the production.

13. Filmmaker’s The contractor agrees that the filmmaker may show all or part of the
Right to Screen production anywhere in the world, on any platform (e.g. in the cinema,
the Production on TV, on the internet) at any time.

© Wide Angle Tasmania Inc. Contract Crew – Step-by-Step Guide


14. Public Liability  You must have Public Liability Insurance for the production.
Insurance  You must have a copy of this insurance policy to show the
contractor.

15. Workers’  You must check that the contractor holds a current insurance policy.
Compensation This policy must pay benefits to the contractor (or the contractor’s
Insurance family) if they suffer a job-related injury, death or disease.
 You must ask to see the contractor’s insurance policy.
 You must take out an insurance policy for the contractor if the
contractor does not hold a worker’s compensation or income
protection policy.
 If you provide this insurance, you must have copies of the insurance
policy to show the contractor.
 Tick the box to show who provides insurance for the contractor.

16. Equipment If the contractor provides any equipment (listed at Part 6. Equipment)
Insurance then you must talk about what will happen if the equipment is damaged,
broken or lost during the production.
 Tick the box to show who provides insurance for the equipment.
If the equipment is damaged on set and an insurance claim is made,
who will pay the excess?
 Tick the box to show who will pay the insurance excess.

17. Breach of This part explains that if you break one of the parts of the Agreement,
Agreement the production can still go ahead. If the contractor is unhappy, they can
take the matter to court.

18. Additional Write down any other points you agree on. For example:
Information
 Will you give the crew member a copy of the film?
 Can the crew member use the footage for their portfolio?
 Will you cover the travel costs of contractors?
 Can the contractor make purchases for their department?
 How will they be reimbursed?

19. Signatures The contractor and the filmmaker must sign and date the Agreement.
The Agreement is only finished and useful when it is signed by the
contractor and the filmmaker.

20. Date The date that you both sign the Agreement.

 Give one copy of the signed Agreement to the contractor and keep one copy.

Wide Angle Tasmania waives all liability and takes no responsibility in relation to any consequences that
may arise in relation to the contents of the Agreement.

© Wide Angle Tasmania Inc. Contract Crew – Step-by-Step Guide


Contract Crew Agreement
This is an agreement between the filmmaker and the Contract Crew member.

1. Production
Title

2. Filmmaker Name .....................................................................................................

Position..................................................................................................

3. Contractor Name .....................................................................................................


Details
Business name .....................................................................................

ABN .......................................................................................................

Address .................................................................................................

...............................................................................................................

Phone number ......................................................................................

Email ......................................................................................................

4. Crew Role

5. Dates and The contractor agrees to work on:


Times of Work
Date(s) ...................................................................................................

Time(s) ..................................................................................................

OR
To be advised in call sheets and schedules
issued in advance.

6. Equipment List any equipment to be provided by the contractor.

© Wide Angle Tasmania Inc. Page 1 of 3


7. Safety and The contractor must obey all reasonable requests to ensure the
Security health and safety of people and security and safety of equipment
at the film set.

8. Fee $ ....................................................................
Is GST payable?
 YES
 NO

9. Working Payment will be as agreed in Part 8. Fee.


Conditions The contractor participates in the production under all other
working conditions of the Motion Picture Production Certified
Agreement.
The filmmaker must provide the conditions listed in the Basic
Crew Conditions document.
More information can be found at www.meaa.org.

10. Credit The filmmaker must give an end-screen credit to the contractor
for the role named in Part 4 Crew Role.
Notes .....................................................................................................

11. Editing The contractor agrees that the filmmaker may edit all footage and
that the filmmaker does not have to include the contractor’s work
in the finished production.

12. Publicity The contractor agrees that the filmmaker may use stills shot on
location and stills from the contractor’s work in the production to
promote, market and distribute the production.

13. Filmmaker’s The contractor agrees that the filmmaker may show, and allow
Right to Screen others to show, all or any part of the material filmed, throughout
the Production the world, by any medium at any time.

14. Public Liability The filmmaker has Public Liability Insurance for a sum of at least
Insurance A$20,000,000 for claims made if injuries or property damage
occur because of the filmmaker’s activities.
This insurance protects the contractor and others working for the
filmmaker if claims are made.
The contractor may ask to see the filmmaker’s Public Liability
Insurance Policy.

© Wide Angle Tasmania Inc. Page 2 of 3


15. Workers’ The filmmaker has Workers’ Compensation Insurance to cover
Compensation costs claimed if the contractor is injured while working for the
Insurance filmmaker.
The contractor may ask to see a copy of the filmmaker’s Workers’
Compensation Insurance Policy.
Workers’ Compensation Insurance is provided by the:
 Contractor
 Filmmaker

16. Equipment Insurance on any equipment listed at Part 6 Equipment is


Insurance provided by the:
 Contractor
 Filmmaker
If an insurance claim is made, the excess must be paid by the:
 Contractor
 Filmmaker

17. Breach of If the filmmaker breaches this Agreement, the contractor


Agreement understands and agrees that the contractor:
 cannot terminate the Agreement
 cannot stop the film from being released and promoted
 can make a claim for damages against the filmmaker.

18. Additional List any other points you have agreed on.
Information

19. Signatures Signature of Contractor 

Signature of Filmmaker 

20. Date of
Agreement
………/…....…/20………

Wide Angle Tasmania waives all liability and takes no responsibility in relation to any consequences that
may arise in relation to the contents of the Agreement.

© Wide Angle Tasmania Inc. Page 3 of 3

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