Deal Memo Terms:
Payment Terms: All payments are due within 15 days of invoice date (Net 15) unless explicitly negotiated in writing beforehand. Multi-week projects will be invoiced weekly.
Late Fees: Invoices unpaid by invoice due date are subject to a 2% late fee compounded weekly until which time invoice and late fees are paid in full. Payments must be issued with processing and mailing time factored in order to avoid late fees.
Cancellation Fees: Once a shoot is confirmed all productions are subject to cancellation fees. Cancellation fee for less than 72 hours from shoot dates will be 100% labor & equipment, whereas cancellations 3 to 7 days prior to shoot dates are subject to 50% labor & equipment. Any cancellation with 7 to 14 days notice is subject to a 75% labor and 25% equipment costs if other work has been turned down after confirmation of production dates. Cancellations with more than 14 days notice will not be subject to any fees. Rescheduling shoot dates are only subject to a cancellation fee if other work has been turned down since production was confirmed, in which case the rescheduling fee will be 100% labor and equipment for the originally scheduled production dates. A production is considered “confirmed” upon the signing of the Deal Memo by both parties.
Vendor Relationship & Payroll: The relationship between Production Company / Client and Day Wren must be considered that of a vendor (Invoiced & W9/1099 Tax Classification) providing services and rented equipment. In the event a Production Company / Client is booking more than two consecutive weeks or the production is under union jurisdiction, payroll may be considered for labor only as “Loan Out”, but all equipment rentals must still be paid directly to Day Wren as a vendor regardless of processing labor through a payroll company. Payroll processing for short term productions is not permitted providing services and rented equipment. In the event a Production Company / Client is booking more than two consecutive weeks or the production is under union jurisdiction, payroll may be considered for labor only as “Loan Out”, but all equipment rentals must still be paid directly to Day Wren as a vendor regardless of processing labor through apayroll company. Payroll processing for short term productions is not permitted.
Equipment Definitions: All tools and equipment rented from and/or provided by Day Wren must be defined as an Equipment Rental and not as a “kit fee” or similar.
Travel: All costs of travel & working on location including but not limited to hotels, flights, meals, rental vehicles, fuel, tolls, per diem, parking, visas, carnets, gear baggage fees, etc are the sole responsibility of the production company / client.
Meals: A hot meal must be provided by or before 6 hours past call time. If working longer than 12 hours a second meal must be provided by or before 6 hours from the end of the first meal. If production / client fails to provide a meal by or before the 6 hour mark, production will be subject to meal penalties at full hourly rate for every 15 minutes beyond 6 hours until a meal is provided. All meals are considered “on the clock’, and are therefore considered billable time.
Non Payment: In the event of non-payment, the client agrees to be responsible for all court costs, attorney fees, service fees, collection costs, and other fees associated with collection of the outstanding balance.
Insurance: Production Company / Client is required to list Day Wren as additionally insured & loss payee with a valid certificate of insurance prior to the first day of the production. Insurance must cover equipment rented from Day Wren and General Liability. In the event of an insurance claim, an insurance deductible is the sole responsibility of the Production Company / Client.
Liability & Damage Responsibility: Production Company / Client is responsible for any and all loss, damage, and/or theft of equipment during the term of the production. Production company / client agrees to cover 100% of the replacement cost of equipment (or nearest equivalent if discontinued as determined by Day Wren) and rental of equivalent equipment until lost, damaged, and/or stolen equipment is replaced. Replacement cost will be invoiced for and is due immediately upon Invoice submission. Production Company / Client furthermore extends the same liability & damage responsibility to equipment owned by third parties and rented to Day Wren on behalf of the Production Company / Client during the term of the production.
Copyrights: In accordance with USC Title 17, any works created by Day Wren on behalf of Production Company / Client are considered “works for hire”. Until invoice for rendered services is paid in full, Day Wren retains the copyrights and authorship to all sound recordings, audio recordings as part of an audiovisual work, digital audio files, and phonorecords fixed to any media or stored on any device including but not limited to hard drives, SD or CF cards, computers, embedded in video files, recorded to cameras or VTR machines, etc. Upon full payment of invoice for services rendered, the copyright ownership automatically transfers to Production Company / Client and is henceforth considered the author in accordance with “works for hire” definitions under USC Title 17.
Non Disclosure Agreements: Day Wren is willing to sign nondisclosure agreements provided the NDA does not restrict Day Wren from disclosing the name of the end client 6 months after production has concluded for promotional purposes.
Estimates: Any estimate provided should only be considered a quote based on the information provided and final invoice total may change based on labor overages or additional rented equipment.
Negotiations: Any negotiated rates or terms different from what these rate card and deal memo terms state must be in writing and signed by both parties (Production Company/Client and Day Wren).