SECOND NATURE – USER AGREEMENT –TERMS AND CONIDTIONS

 

1.         Nature of the experience

 

SECOND NATURE(“the producer”) provides a service which enables you to undertake a filmmaking experience (“the experience”). 

 

The Producer provides the scripts and stories, equipment, personnel, expertise, props, locations and sets which will enable the creation of  the various pieces which make up audio visual works, which when finished could be assembled to form one or more features (“the works”).The producer will retain the right to distribute and exploit the works in any way possible.

 

2.         Selection Criteria

2.1     The producer reserves the right to exclude candidates from the experience.

2.2     You must be 18 years of age or over.  If you are under 18 years of age you warrant that you have the permission of your parent or guardian to take part in the experience.

2.3     You warrant that you are not a company, incorporated society or other body corporate and that you are not entering or taking part in the experience for commercial gain.

2.4     You must read, write and speak English to a reasonable standard.

2.5     The use of drugs or alcohol during the experience is strictly prohibited and if you are discovered using or under the influence of drugs or alcohol during the experience you will be immediately excluded.

2.6     The producer may secure any type of insurance covering you, insuring the producer or any nominee. You will assist the producer in procuring such insurance by submitting to examinations and by filling out appropriate applications. If the producer is unable to procure insurance covering you at normal rates and without special exclusions, the producer may exclude you.

 

3.       Role

3.1     There are usually several types of experience available on the Website, and you can choose and book your preferred experience.

          The producer will use its best endeavours to provide you with your preferred experience, but some overlap with other roles and tasks may be required.

 

3.2     The experience is not work for hire and no residuals, remuneration or payment of any kind will be made by the producer to you for any reason ever.

 

4.       Payment

4.1     In consideration of the producer agreeing to provide the experience you will pay the producer the fee for the particular experience you have chosen as set out on the booking tab on the Website.

 

4.2     The producer accepts paypal and electronic bank transfers as forms of payment.

 

4.3       GST

4.3.1  Goods and Services Tax (GST) will be charged in the fee.

4.3.2  No purchaser will be eligible for any tax exemption on purchases made.

 

4.4     REFUNDS

4.4.1  All purchases are final.

4.4.2  You are responsible for ensuring that you attend the experience on the appointed day and time. No refund will be given for non attendance.

4.4.3  If for any reason the experience is postponed, a non refundable credit will be given.  If the experience is cancelled a refund will be given.

 

4.5     PRICES

4.5.1  The producer offers a unique experience at a competitive rate.  The total price will include the experiences outlined on the Booking tab of the Website.

4.5.2  The producer reserves the right to vary prices at any time and shall not provide a refund or price protection in the event of price decrease or promotional offer.

 

5.       Experience Availability

5.1     The producer will use its best endeavours to provide you with the experience on the day for which you have booked.  However, film making is a complicated business and the ability to provide the experience on a certain day will depend on a number of factors, including:

o   Weather;

o   Availability of equipment;

o   Availability of locations;

o   Availability of crew;

o   Availability of props.

 

5.2       FORCE MAJEURE

5.2.1  The producer shall not be responsible to you or any other party for any delay in performance or non-performance of any obligation under this Agreement due to Force Majeure.

 

5.2.2  For the purposes of this clause “Force Majeure” means any act of God, strike, lockout, work stoppage or other labour hindrance, illness of key personnel or epidemic, confiscation or expropriation, embargo, blockade, insurrections, public mains electrical supply failure, fire, floods, storm explosion, nuclear accident, sabotage, revolution, riot, act of war whether declared or not, warlike operations, requirement or restriction of governmental authorities, order of the Court, earthquake, slide, epidemic, quarantine restriction, software failure or server failure or inability to access or connect to the internet for any reason whatsoever or any other similar cause beyond the reasonable control of the producer which prevents, hinders or interferes with the ability of the producer to provide you with the experience.

 

5.3     If you become the subject of a criminal investigation or are arrested by the police, or fail, refuse or neglect or threaten to refuse to perform your role or otherwise fulfil your obligations with respect to the experience for any reason whatsoever, including, but not limited to, default, sickness, disability, unavoidable accident or your death, the producer may suspend this agreement while such event continues and/or terminate this agreement.

 

6.       Obligations

6.1     You will render all tasks required of you by the producer while you are being provided with the experience at such place or places as required by the producer from time to time. You will perform all tasks under the supervision, direction and control of the producer, in a diligent and conscientious manner, and to the best of your ability, and comply with all of the producer’s instructions, directions, requests, rules and regulations (including those relating to matters of artistic taste and judgment).Except as otherwise expresslyprovided in this agreement, you will render your tasks exclusively and solely for the producer.

 

7.       Rights

7.1     You warrant that all ideas, creations and literary, musical and artistic materials and intellectual properties (“materials”) furnished by you hereunder, are wholly original to you (except materials in the public domain) and that neither the materials nor the use thereof will infringe upon or violate any right of privacy of or constitute a libel, slander, or any unfair competition against, or infringe upon or violate the copyright, common law rights, literary, dramatic, photoplay, right of publicity, or any other rights of any third party.

 

7.2     You indemnify the producer against any future claims for breach of copyright (or other rights) as may be made against the producer as a result of the producer’s use of the materials furnished by you.

 

7.3     You hereby assign, and transfer to the producer, its successors and assigns, the entire right, title and interest in and to the copyright in the materials furnished by you throughout the universe.

 

8.       Non disclosure

8.1     No personal photography is permitted on or around the set or location.

8.2     You may not issue nor permit others to issue information or statements (written or otherwise) concerning the works produced during the experience or any person or entity connected therewith.

8.3     You may not release the URL (web address) of your Schedule Feed which is unique to you and must remain private.

8.4     You may not furnish or authorise any advertising matter or publicity of any form relating to the works, activities in connection therewith, the producer or its operations or personnel or any exhibitors of the works to any person or entity other than the producer and its respective agents and employees, without the prior written approval of the producer in each case.

 

9.       Ownership and rights

OWNERSHIP

9.1     The producer shall own, in perpetuity, throughout the universe, all right, title and interest in and to the works, the elements thereof, and the results and proceeds of your activities during the experience and all materials produced thereby or furnished by you, of any kind and nature whatsoever, to the maximum extent permitted by any applicable law and free and clear of any and all claims for royalties and other compensation.

 

9.2     You acknowledge that any and all results and proceeds of your activities hereunder shall belong to the producer, and were specially obtained for use as part of the works in any format, whether now known or hereafter discovered. The producer shall have the right to adapt, change, revise, delete from, add to or rearrange, combine the works with other works or any part thereof, and you waive throughout the universe the benefit of any law, doctrine or principle known as “droit moral” or moral rights of authors or any similar law, doctrine or principle however denominated, to the maximum extent permitted in each applicable jurisdiction.

 

9.3     The producer owns the works produced during the experience and all rights whatsoever therein, including, but not limited to, all copyrights, throughout the universe and in perpetuity and in all elements thereof and shall have the right to sell, lease, license and otherwise exploit such rights and elements, as the producer may determine in its sole discretion.

 

9.4     Your grant includes all rights regarding the renting, lending, fixing, reproducing and other exploitation of the works conferred under any applicable laws, directions or regulations.

 

REUSE

9.5     The producer shall have the unlimited right in perpetuity to exploit the works theatrically, on television, internet, home video and the ancillary rights therein in any and all media whether now known or hereafter discovered throughout the universe, and in the event the producer exercises any of such rights you shall receive no compensation.

 

LIKENESS

9.6     You irrevocably grant to the producer and its successors and assigns the right to photograph and make motion pictures and sound recordings and merchandise of your voice and likeness and to reproduce the same in any manner and any medium whatsoever, whether now known or hereafter discovered in perpetuity and throughout the universe, without compensation.

 

11.     Credit

11.1   Your credit shall be at the producer’s sole discretion.

 

12.     Acting Experience

12.1   You agree to, if and when requested by the producer, to report to wardrobe fittings, hairdressing, makeup, publicity interviews, publicity photography, story conferences, song conferences, production conferences, making of stills, retakes, looping, dubbing, added scenes, transparencies, process shots, trick shots and the like and for changes in and/or foreign versions of the works for no compensation. If any such services would conflict with any of your existing professional commitments, then you shall give Producer timely notice of same, in which case you shall cooperate to the fullest extent with the producer in becoming available to render such services.

 

12.2   You grant the producer all right to use body doubles, dubbing rights and outtakes. Some of the works may require nudity and sex scenes.  You grant the producer rights to shoot these and use doubles in the making or finishing of these scenes.

 

13.     No Obligation on Producer

13.1   The producer is not obliged to use your activities or the results of such activities, in the works or to produce, release or distribute the works or to continue the release and distribution of the works if released or to otherwise exploit any rights granted to the producer hereunder. The producer is deemed to have fully discharged the producer’s obligations by providing or attempting to provide the experience.

 

14.     Your Availability

14.1   You represent and warrant that you are free to enter into this agreement and that you are not subject to any obligation or disability which will or might prevent you from granting the rights granted by you and performing hereunder.

 

14.2   You will not make any agreement inconsistent with this agreement with any person not party to this agreement.

 

14.3   The producer shall have first call on your services during the experience.

 

14.4   You indemnify the producer and the producer’s, agents, officers, employees, licensees, successors and assigns of each of the foregoing and each of them from and against any and all liability, loss, damage, cost and expense, including reasonable outside legal costs, which may be suffered by reason of any claim inconsistent with any representation made by you in this agreement.

 

15      Promotional services

15.1   Subject to your professional availability you will be available for interviews and other customary events to help promote the works.  If you are requested to travel for such purpose, you will be advanced or reimbursed for travel and expenses.

 

15.2   You grant the right for the producer to publish media, pictures, video, audio and written material regarding your experience in any form of media or communication such as internet, TV, radio and newspaper and advertisement for the purpose of promoting the producer’s company, the experience or any other venture associated with the producer.

 

Remedies

16.1   You acknowledge that the rights granted to the producer and the works produced during the experience  are of a special, unique, unusual and extraordinary character giving them peculiar value, the loss of which cannot be reasonably or adequately compensated in damages, and that a breach by you of this agreement may cause the producer irreparable injury and damage. Accordingly, without limiting or waiving any other rights or remedies of the producer, the producer shall be entitled to seek injunctive or other equitable relief to prevent such breach and to prevent you from performing services for himself, or any person other than the producer.

 

16.2   In no event shall you be entitled to injunctive relief of any kind.

 

17.     Indemnity

17.1   You will indemnify and keep indemnified the producer, from and against all losses, liability, expenses and costs which the producer incurs (including all legal costs on a full indemnity basis) concerning any breach by you of this Agreement.

 

18.     No Assignment

18.1   Your rights and obligations under this Agreement are personal to you and you may not assign or transfer any of its rights or obligations under this Agreement

 

19.     Severability

19.1   If any part, term or provision of this Agreement shall be held invalid, void, illegal or unenforceable, the validity, existence, legality or enforceability of the remainder of this Agreement shall not be affected, prejudiced or impaired.

 

20.     No Waiver

20.1   Failure by any party on any occasion to enforce or require strict or timely compliance with any provisions of this Agreement shall not affect or impair that provision in any way or the rights of that party to avail itself of the remedies it may have in respect of any breach of any such provision.

 

 

 

21.     Variations

21.1   The producer reserves the right to modify the terms and conditions of this Agreement at any time and without notice. You are accordingly advised to review this Agreement regularly.

 

22.     Governing Law

22.1   This Agreement shall be governed by and construed in accordance with the laws of New Zealand and the parties shall submit to the jurisdiction of the Courts of New Zealand and all Courts having jurisdiction to hear appeals from the Courts of New Zealand.

 

23.     Safety

23.1   The producer will take all practicable steps to ensure your safety while you are undertaking the experience, but you do so at your own risk and the producer will not be responsible for any harm, damage, injury, accident or illness suffered by you while you are undertaking the experience.

 

23.2   You agree to take all practicable steps to ensure the safety of yourself, the producer’s employees and other experiencees, equipment, props, locations and sets while you are undertaking the experience

 

24. Definitions

 

“Schedule Feed” means an RSS feed of the available experiences and shooting schedule which may be subscribed to once you have registered on the website.

 

“Website” means the Second Nature Filmmaking Experience website at www.filmmakingexperience.com