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
