STANDARD TERMS AND CONDITIONS
1. Standard Terms and Conditions. These Standard Terms and Conditions govern any services (the “Services”) and work (the “Work”) provided by The Harbor Picture Company, Inc. (“Company”) to Client as defined in the bid provided to Client by Harbor (the “Bid”) incorporated by reference herein by this reference. These Standard Terms and conditions, the Bid and Bid Terms (attached hereto as Exhibit A), the Production Calendar (as defined below), and any riders attached hereto shall be collectively referred to as the “Agreement.” For the avoidance of doubt, by accepting the terms of this Agreement, the Client agrees to the applicable project-specific terms in Exhibit A.
2. Deliverable Work; Schedule. Company shall deliver to Client the Work in the form and formats requested by Client (the “Deliverables”) and according to a commercially reasonable schedule (the “Production Calendar”) as agreed in writing by the parties in The Production Calendar is subject to change upon mutual written approval by the parties in the Bid. The Work and Deliverables shall be of first-class quality, artistically produced with direction, photography, sound, art, animation, synchronization, and other physical and aesthetic content of a reasonable technical quality equal to current standards for services of similar character and purpose and will materially conform with all technical requirements specified by Client in the Bid. Any additional deliverables requested by Client that are not otherwise contemplated in the Bid shall require further payment(s) by Client, as mutually agreed to by Client and Company, in addition to the price set forth in the Bid. Client and Company hereby agree that the Services will not commence until Client has paid Company the first of the payments as set forth in the Bid or, if approved by Company for the extension of credit terms, has provided a verified purchase order for the full price set forth in the Bid.
3. Relationship of the Parties. It is understood that Company’s status under this Agreement is that of an independent contractor and that all persons engaged by Company in performing its obligations hereunder shall not be deemed to be employees of the Client.
4. Obligations of the Parties.
(a) Of Client. Client shall supply to Company all scripts, storyboards, product props, production notes, digital assets, digital shots, music, talent, creative guidance/supervision, and related clearances, unless otherwise agreed in writing by the parties in the Bid. The Client shall deliver all materials required to be delivered by Client pursuant to the Bid, including, without limitation, any of the foregoing required to be delivered, or actually delivered, by the Client (the “Client-Supplied Materials”) prior to the commencement of Services and in such a manner so as to not frustrate Company’s ability to timely produce the Deliverables and/or the Work or to render the Services in accordance with the Production Calendar. Client understands that Company’s performance is dependent on Client’s timely and effective delivery of the Client-Supplied Materials and timely decisions and approvals by Client. The parties acknowledge that the Client-Supplied Materials may include, without limitation, talent, scripts, storyboards, camera-ready artwork and product, voice and music tracks, musical compositions, technical specifications, or any other material which is the basis for or incorporated into the Work and/or the Deliverables, or otherwise used in connection with the Services. Client shall be solely responsible for securing and/or obtaining any agreements, rights, authorizations and/or permissions necessary and incidental to the use of the Client-Supplied Materials.
(b) Of Company. Company shall perform all Services necessary to produce the Work and supply all Deliverables in keeping with the requirements Company as set forth in the Bid.
5. Ownership of the Work.
(a) Except as otherwise set forth herein and subject to any limitations of which Company notifies Client, the final finished product of the Services rendered by Company hereunder (and the services of any individual who renders services for Company in connection with the Work) (the “Results and Proceeds”), upon payment of all outstanding invoices, shall be deemed a work-made-for-hire for Client prepared within the scope of Company’s engagement by Client and/or as a work specifically ordered and/or commissioned by Client for use in an audio-visual work, and therefore, Client shall be the author and exclusive copyright owner thereof for all purposes throughout the universe, with the exception of any intellectual property rights, including without limitation copyright rights, that have been licensed from third parties for use in connection with the Work. For the avoidance of doubt, the Results and Proceeds shall not include the Company’s Property (as defined below). Company will execute and deliver any documents reasonably necessary to perfect or effectuate any of Client’s rights in and to the Results and Proceeds under this Agreement.
(b) Notwithstanding the foregoing, Company owns and will retain all right, title and interest in and to all materials and intellectual property that (i) existed prior to the Work, (ii) were developed other than as part of the Work, (iii) created, developed or acquired during the term of this Agreement but not for the Work, (iv) generic in nature and used generally in the software, entertainment, media, broadcasting, advertising or digital industries (e.g. APIs), or (v) otherwise identified as Company’s Property in the applicable Bid. By way of example, Company’s Property may include pre-existing underlying software and other technology, routines, sub-routines, protocols, workflows, look-up tables, and algorithms, and any and all intellectual property rights therein. Client acknowledges and agrees that Company will retain sole ownership of all intellectual property rights in the Company’s Property.
6. Confidentiality.
(a) The parties understand and acknowledge that in connection with the Work to be performed by Company and the obligations of Client under this Agreement, from time to time either or both (the “Disclosing Party”) may disclose to the other (the “Receiving Party”), either in writing or orally, information relating to the Disclosing Party’s businesses, operations, organizations, financial conditions, plans, designs, marketing strategies, and other confidential or proprietary information (“Confidential Information”). Confidential Information of Company includes, but is not limited to, the terms of this Agreement; Company’s Property, as well as the structure, organization, documentation, design, algorithms, workflows, methods, templates, data models, data structure, flow charts, logic flow, and screen displays associated with software and processes; facility specifications, staffing and infrastructure; and Company’s pricing, sales, financial, presentation and training materials and procedures. The Receiving Party will use such Disclosing Party’s Confidential Information solely for the purpose of performing its obligations under this Agreement, unless otherwise agreed in writing between the parties. The parties agree that all Disclosing Party Confidential Information shall be and remain the exclusive property of the Disclosing Party, and that the Receiving Party will take, or cause to be taken, all reasonable steps to safeguard Disclosing Party’s Confidential Information against unauthorized disclosure, using procedures and standards no less comprehensive than those used to protect the Receiving Party’s own Confidential Information.
(b) Notwithstanding anything set forth herein to the contrary, no information shall be considered Confidential Information, which (i) is or becomes publicly known through no wrongful act of the Receiving Party, (ii) is received by the Receiving Party from a third party without similar restriction and without breach of this Agreement, (iii) is independently developed by the Receiving Party and the Receiving Party can reasonably substantiate that the development occurred before disclosure, or (iv) is approved for release by the written consent of the Disclosing Party.
(c) The foregoing confidentiality obligations are subject to disclosure of Confidential Information pursuant to the order or requirement of a government body, court, or administrative agency, provided that the party that owns the Confidential Information shall be afforded advance notice and opportunity to seek a protective order to limit the scope of such disclosure.
7. Bid/Adjusted Specifications. Company shall issue the Bid describing the details of the Services and any Deliverables to Client prior to commencing the Services. The price set forth in the Bid shall be considered a “firm bid” (as that term is commonly used), but Client may request reasonable changes to the Work or to any material or work in progress while Company is providing the Services; provided that the parties expressly acknowledge that any such changes requested may result in additional costs to Client above the price set forth in the Bid. Company shall notify Client of such additional costs before any such costs are incurred and Company shall proceed with such changes only after receiving approval from Client or Client’s authorized representative. Client shall be responsible for all additional costs incurred under this Paragraph 7, and such additional costs shall be paid to Company at the time the final payment of the price is due as set forth in the Bid, or at such other time agreed to between the parties in writing. For the avoidance of doubt, Company will endeavor to secure written approval, but if not practicable in the course of business, Client’s verbal confirmation of additional costs shall suffice.
8. Representations and Warranties.
(a) Of Company. Company represents and warrants as follows, except with respect to any Client-Supplied Materials: (i) Company has full right to enter into this Agreement and to perform its obligations hereunder; and (ii) Company will comply with all applicable Federal, state and local laws, ordinances and regulations related to the Services; and (iii) its Services will be performed in a professional manner in accordance with the applicable Bid. Except as expressly set forth in this Agreement, Company makes no warranties, express or implied, including but not limited to any implied warranties of merchantability, or fitness for a particular purpose or any warranties arising as a result of Client usage in the trade or by course of dealing.
(b) Of Client. Client represents and warrants as follows: (i) Client has full right to enter into this Agreement and to perform its obligations hereunder; (ii) Client is the owner of all right, title and interest, including without limitation copyright and trademark rights, in and to any and all Client-Supplied Materials, and that Company’s use of any and all of the Client-Supplied Materials in connection with its obligations pursuant to this Agreement shall not constitute a violation of any rights of any third party; (iii) Client will comply with all applicable Federal, state and local laws and regulations regarding substantiation of claims, comparative advertising, industry, and trade practices; and (iv) Client is not prohibited or otherwise prevented from entering into and performing this Agreement by any other contracts, agreements or other understandings with any third party or parties. Client further represents and warrants that it will make all necessary talent payments, including guild and union fees, and will be responsible for all talent-related obligations and clearances. Client understands that Company is not a signatory to SAG-AFTRA.
9. Delivery. Delivery of the Deliverables shall mean delivery by Company of dailies, negatives, positive prints, video tapes, sound tracks “as recorded”, high definition video, final digital file, DCP, tapes, archive files and such other material as specified herein to the Client or to a third party as set forth in the Bid, at which time Company shall be released from any and all liability or responsibility in connection with the Deliverables.
10. Payment. Client shall make all payment(s) due to Company under this Agreement on time and in full and in accordance with the Bid. In the event that Client fails to pay any amount due after thirty (30) days from date of invoice issuance, Client shall be charged (at Company’s sole discretion) an amount equal to the current prime rate plus two percent (2%) (as indicated by Company’s bank at the applicable time) on unpaid amounts until paid, compounded monthly. Client acknowledges and agrees that it has no right to exploit the Work in any manner until Company has been paid in full. Company shall have the right in its sole discretion to suspend the Services and/or withhold some or all Deliverables pending receipt of outstanding payment from Client. Client shall be responsible for the costs, including reasonable attorney’s fees, incurred in connection with Company’s collection of any past-due amounts under this Agreement.
11. Indemnification.
(a) Company shall at all times indemnify, defend, and hold Client and its successors, assigns, licensees and distributors and their respective shareholders, directors, officers, employees and agents harmless from and against any and all third party claims, demands, damages, losses, actions, causes of action, liabilities, costs and expenses, including reasonable outside attorneys’ fees (collectively, “Losses and Expenses”) arising out of any breach by Company of any representation and warranty, covenant or other provision made by Company herein. Client shall promptly notify Company in writing of each such claim.
(b) Except as to matters covered under Company’s indemnification obligations hereunder, Client shall at all times indemnify, defend, and hold harmless Company and its successors, assigns, licensees and distributors and their respective shareholders, directors, officers, employees and agents, from and against any and all Losses and Expenses (including reasonable outside attorneys’ fees and costs): (i) arising out of the exploitation of the Work and/or the sale, marketing, consumption and/or use of any product or service featured in the Work; or (ii) arising out of any breach by Client of any representation, warranty, covenant or other provision hereof made by Client (including without limitation, the obligation to make payments in a timely manner hereunder); (iii) any risk or restrictions made known by Company to Client in writing where Client nonetheless directed Company to proceed; (iv) the distribution, exhibition and/or other exploitation of any materials in violation of the rights granted to Client herein or as modified, edited, or changed by Client; (v) the negligence or tortious acts of Client, its employees, agents or contractors. Company shall promptly notify Client in writing of any such claim.
12. Limit on Damages. All liabilities arising under this Agreement, whether under theory of contract, tort (including negligence), or otherwise, shall be limited to direct damages. Neither party nor their suppliers shall have any liability to the other party or to any third party, for any incidental, punitive, indirect, special or consequential damages, including but not limited to lost profits, loss of data, cost of recreating lost data, interruption of business, or costs of procurement of substitute goods or services, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. The aggregate liability of Company and its suppliers under this Agreement shall not exceed fifty percent (50%) of the total Fees paid by Client to Company hereunder with respect to the Bid at issue. Any action by either party must be brought within one (1) year after the cause of action arose.
13. Tax Liability. Client shall pay any sales tax, use tax, or other tax payable in connection with the production and delivery of the Work to Client, in addition to the amounts payable hereunder, and shall indemnify, defend and hold harmless Company and its parents, subsidiaries, and affiliates from and against any and all Losses and Expenses arising from the payment of (or failure to pay) any such taxes.
14. Assignment. This Agreement may not be assigned by either party without the written consent of the other, except in the event that a party shall hereafter effect a corporate reorganization, consolidate with, or merge into, any other entities or transfer all or substantially all of its properties or assets to any other entity. Any purported assignment in violation of the terms hereof shall be null and void.
15. Insurance.
(a) If Company is responsible for providing insurance for said Work, as set forth in the Bid, the following coverage shall apply:
(1) Company shall obtain, pay for and maintain during the term hereof:
(A) Workers Compensation and Employers Liability for Company’s employee(s) at the site and time of production.
(B) Commercial General Liability in an amount not less than
$1,000,000 for bodily injury and property damage at the site and time of production. Company shall add the Client as an “additional insured” on Company’s Commercial General Liability policy, but only with respects to actions/operations of the Company and/or Company’s personnel.
(C) Automobile Insurance covering vehicle(s) owned, borrowed and/or rented by the Company during the course of production. Such coverage shall be in an amount not less than $1,000,000 for bodily injury and/or property damage and provide comprehensive and collision coverage.
(D) Umbrella Liability in an amount not less than $4,000,000 combined single limit for bodily injury and/or property damage.
(E) Errors and Omissions Liability, including technology, cyber, and privacy endorsements as applicable, in an amount not less than $1,000,000 for claims arising from a single occurrence and $3,000,000 for all claims in the aggregate. If coverage is purchased on a claims made basis there shall be a three year reporting provision.
(F) Group Travel Accident covering union requirements.
(2) Company shall at the written request of Client provide copies of Certificates of Insurance evidencing compliance with required insurance coverage as specified in Paragraph 15 (a)(1)(A)-(F) above.
(3) Client shall obtain, pay for and maintain comprehensive production and Professional Liability (Errors and Omissions Liability) insurance covering intellectual property right infringement(s) (excluding IP Patent) arising from any uses of the Work. Furthermore, Client shall indemnify, defend and hold harmless Company from any and all claims, demands, actions including defense costs and attorney’s fees with respect to any and all claims arising from any and all uses of the Work.
(4) Each party agrees to promptly give the other party written notice of any such claim.
(A) If any additional insurance is necessitated in connection with the Services and/or the Work in addition to the coverage outlined in Paragraph (a)(1)(A)- (F) above, special coverage shall be obtained at Client’s sole expense. Client hereby acknowledges that unless requested by Client in writing, Company is only providing insurance coverage as outlined in Paragraph 15. (a)(1)(A)-(F) above.
(B) Client is responsible for providing blanket production insurance and shall maintain insurance with a reputable and creditworthy insurer, in such amounts and covering such risk as is usually carried by companies engaged in the same or a similar business.
16. Cancellation and Postponement. Client shall promptly pay the following cancellation fees upon giving notice to Company that Client intends to cancel the Services in their entirety:
(a) General Cancellation Policy
(1) If notice of cancellation/postponement is given after the award but 21 to 27 days prior to the start date (for post-production services) or the shoot date, as applicable, (each a “Service Commencement Date”) the Client will be liable to the Company for 25% of the cost of the job as bid, plus any fully-committed out-of-pocked costs.
(2) If notice of cancellation/postponement is given 14 to 20 days prior to the Service Commencement Date, the Client will be liable to the Company for 50% of the cost of the job as bid.
(3) If notice of cancellation/postponement is given 7 to 13 days prior to the Service Commencement Date, the Client will be liable to the Company for 75% of the cost of the job as bid.
(4) If notice of cancellation/postponement is given 1 to 6 days prior to the Service Commencement Date, the Client will be liable to the Company for the full cost of the job as bid.
If the Client instead wants to postpone the services and reschedule to a later date, the parties will further negotiate in good faith with respect to any additional fees, costs or other payments that may be required in connection with the rescheduled Services.
If Company is prevented from providing the Services as a result of the COVID-19 pandemic (“COVID”) (e.g., due to a government-mandated order, illness of cast or crew, or other event caused by COVID-19) or any other event of force majeure, any resulting postponement or cancellation of the Services shall not be considered a breach of this Agreement by Company.
Notwithstanding anything to the contrary in this section, any amounts paid for “bought time” for post-production services (i.e., Client asks Company to reserve a block of time for any editing, finishing, or processing services), shall be non-cancellable and non-refundable.
17. Contingency Days. A “Contingency Day” is any live-action production day that replaces an originally-scheduled production day in which any shooting or recording has been prevented from occurring due to circumstances beyond the control of Company, including, without limitation, due to: (1) weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions); (2) injury, illness, or absence of client-supplied elements (e.g., talent, color correct products); (3) “force majeure” (including, but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism, and acts of God); (4) any COVID-related event that prevents Company from shooting or recording; and (5) “Client Insured Re-Shoots,” which are any additional days for a job insured by Client, who is therefore authorizing the expenditure). Client will be responsible for paying all costs of any Contingency Day, which cost shall be approved in advance by an authorized representative. Company will quote the maximum exposure figure (a “not to exceed” figure) as a Contingency Day cost. This will be a cost per day figure. However, this figure does not include the cost of premiums for crew or suppliers (i.e., should the contingency day fall on weekends, holidays or premium days based on consecutive employment).
18. Publicity. Unless specifically notified in writing by Client, Company shall have an irrevocable license to use the Work for promotional purposes. Each party shall have the right to use the other party’s name in its promotional materials. In addition, Company shall have the right to use the Work on its website or other marketing materials after the Client has launched the campaign that utilizes the Work. Client shall use commercially reasonable efforts to credit Company in Client’s promotional materials and any trade publication articles or coverage regarding the Work. Client shall also have the right upon the completion and release or launch of the Work to submit the Work to design or other competitions and will provide the Company with written notice of such entry. If Client does not submit the Work to such competitions, then Company shall have the right to do so upon written notice to Client. Each party will mention or give credit to the other party in connection with any awards that might be won in connection with the Work.
19. Applicable Law. This Agreement shall be interpreted and governed by the local laws of the jurisdiction of New York, New York. In the event of any dispute arising out of this Agreement, each of the parties hereto irrevocably agrees that the state and federal courts located in New York, New York shall have exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, and each hereby waives any claim that it is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
20. Non-Solicitation of Employees. Each party agrees not to hire or solicit for employment any employee(s) or contractor(s) of the other party involved in the performance of the Agreement during the Term of any Bid and for a period of one (1) year after final payment is made by Client therefore, unless otherwise agreed in writing by the other party.
21. Continuing Offer of Services. Neither Company nor Client shall be precluded from retaining or providing to third parties the same or similar services which are the subject of the Agreement or any Bid; provided, however, that neither party shall use any Confidential Information of the other party in providing services to or receiving services from third parties.
22. Entire Agreement; Modification. These Standard Terms and Conditions, the Bid and any riders and/or Exhibits attached hereto shall constitute the entire agreement between Company and Client with respect to the Work and supersedes all prior or contemporaneous written and oral agreements with respect to its subject matter. Any amendment hereto must be in writing and signed by each party. No waiver of any provision of this Agreement, or of any rights or obligations of any party hereunder, will be effective unless in writing and signed by the party waiving compliance. In the event that any provision herein is determined to be invalid or otherwise unenforceable or illegal, this Agreement shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
23. Headings. Headings used in this Agreement are for convenience of reference only and shall not be deemed a part of this Agreement.
24. Notices. Each party shall designate one party to be its authorized representative. All communications regarding schedule, budget, design, change orders or other material matters should be communicated by or to such designated representative. All notices required or permitted hereunder shall be in writing, delivered personally or by telephonic facsimile, certified or registered mail, or overnight delivery by an established national delivery service at the respective addresses first set forth in the Bid. E-mail communications that have been replied to shall be deemed to have been delivered in writing for purposes of this Agreement.
Exhibit A
BID TERMS
OFFLINE EDITORIAL:
• When challenges are made, challenged producers will have 24 hours to respond, after which the challenged time will be forfeited.
• Payment is due immediately upon receipt of invoice. Commencement of work will require a PO from production.
• This bid does not include meals, shipping, travel or outside services. For your convenience, a minimum 20% surcharge will be added to all receipts.
• All weekly rental rates for suites and workstations are based upon a 3-day week. Daily rates are calculated as 33.3%.
• All Offline Editorial project participants will receive a keycard to enter the Harbor facility. Each keycard lost during the project or not returned within one week from a given participant’s wrap date will incur a $75 charge. All prints, scans, and faxes will be billed at $0.10 apiece.
• Offline Editorial projects that end before reaching the estimated number of weeks will be billed for 25% of the remaining weeks on the awarded bid.
• Long-term Offline Editorial services and office rentals may be subject to annual 5% rate increases to align with annual overhead operating increases.
• Harbor offers AVID Tech Support on site from 9am to 9pm ET Monday to Friday with the exception of holidays. For holidays when Harbor is closed, AVID Tech Support will be billed at $175 per hour, with a one hour minimum.
PICTURE POST:
• This bid does not include meals, shipping, travel or outside services. For Client’s convenience, a minimum 20% surcharge will be added to all receipts.
• Payment is due immediately upon receipt of invoice. Harbor will not be able to release any materials or deliverables until payment is made in full. Commencement of work will require a PO from production.
• Hours are based on 8 hour days between 9 am and 6 pm with a 1 hour break for lunch.
• Testing will be billed at full rate and be credited back at 100% if the project is awarded to Harbor. Otherwise, Harbor will bill all testing to the Client.
• Studio opening charges are $2000 on Saturday and $3000 on Sunday.
• Overtime charges on Saturday are 1.5x hourly rate, and 2.0x after 8 hours.
• Sunday and Public Holidays are 2x hourly rate.
• Saturdays & Sundays are a 4-hour minimum for hourly services.
• Public Holidays are a 8-hour minimum.
• All weekly rental rates for suites and workstations are based upon a 3-day week. Daily rates are calculated as 33.3%.
• Please allow 15 business days for lab access letters and/or legal documents to be processed
• DI media will be maintained on the SAN for a period of 10 business days following the last day of scheduled DI. After that period, SAN storage will be charged at $500 per week.
• When challenges are made, challenged producers will have 24 hours to respond, after which the challenged time will be forfeited.
• Cancellations prior to the start date of scheduled work will result in the following fees based on the total of the awarded bid(s): 25% if less than 4 weeks prior, 50% if less than 3 weeks prior, 75% if less than 2 weeks prior, and 100% if less than 1 week prior.
DAILIES:
• Camera material over the daily allowance will be charged at a listed per hour rate in 15-minute increments.
• Payment policy is COD. Harbor will not be able to release any materials or deliverables until payment is made in full.
• This bid does not include meals, shipping, travel or outside services. For your convenience, a minimum 20% surcharge will be added to all receipts.
• Overtime charges: 1.5 x the daily or hourly rate after 8 hours, 2 x the daily or hourly rate after 12 hours. Saturdays are 1.5 x the daily or hourly rate and Sundays/Holidays are 2 x the daily or hourly rate. Hourly rate jobs are subject to a 4-hour minimum.
• There is a $1,500/day charge to open the studio on weekends and Holidays.
• Production is responsible for all travel (flights, hotel, rental car and per diem of $75 per day) for Dailies Operator and Tech Support on Remote Dailies Productions.
• Dailies Lab location with internet (minimum 100Mpbs) to be provided by client for Remote Dailies Productions.
• Harbor will provide a workflow document prior to the start of principal photography outlining color pipeline, mag clearance protocol, timings and specification of dailies delivery.
• Near-set production space requires one office/room with direct cooling for equipment
• Harbor will charge $1000 for each LUT creation and bill for all testing, which will be 100% no charged if Harbor is awarded the dailies.
• Harbor requests credits for services provided and key Harbor staff who support the production.
• Dailies by Harbor, Dailies Colorist, Dailies Operator, Head of Production, Dailies Producer, Operations Director
• Unless agreed in writing with the project Dailies Producer 48 hours prior, media delivered after 2am Monday to Saturday will be received but held for processing until the next evening shift.
• Deliveries of media on Saturday mornings will be received up to 5am and held for processing on Monday evening. Deliveries later than Saturday 5am will need to be agreed in writing with the project Dailies Producer 48 hours prior
SOUND POST:
• This bid is based upon a locked picture, single turnover. Post-turnover edit changes will require additional budget.
• This bid does not include meals, shipping, travel or outside services. For convenience, a minimum 20% surcharge will be added to all receipts.
• Hours are based on 8-hour days between 9 am and 6 pm with a 1-hour break for lunch.
• Payment policy is COD. Harbor will not be able to release any materials or deliverables until payment is made in full. Commencement of work will require a PO from production.
• All weekly rental rates for suites and workstations are based upon a 3-day week. Daily rates are calculated as 33.3%.
• Overtime charges: 1.5 x the hourly rate after 8 hours, 2 x the hourly rate after 12 hours. Saturdays are 1.5 x the hourly rate and Sundays/Holidays are 2 x the hourly rate with a 4-hour minimum. For Union projects, editors and stage rates will follow Union Overtime structure.
• Studio opening charges are $2000 on Saturday and $3000 on Sunday and an additional $350 per hour fee for early (before 8 am) and late (after 6 pm) sessions during the week.
• All ADR sessions require a 2-hour minimum booking Monday through Friday and a 4-hour minimum booking Saturday through Sunday. Overtime hours will be billed in accordance to Harbor policy. There is a 24-hour cancellation policy.
• Please allow 5 business days for Lab Access Letters and/or Legal Documents to be processed
• When challenges are made, challenged producers will have 24 hours to respond, after which the challenged time will be forfeited.