MILITARY FILM SERVICES LTD TERMS AND CONDITIONS FOR PRODUCTION COMPANIES
1. Production Agreement:
Military Film Services require invoice details and a Production Company Agreement accepting these terms and conditions and before any job can proceed.
2. Agency Status:
When supplying Extras, and in some cases Advisors, to productions, Military Film Services is classed as an Employment Agency in accordance with the Employment Agencies Act 1973 and acts under Employment Agencies and Employment Businesses Regulations 2003.
3. Assignment Status:
The status of personnel will be agreed before the assignment commences – this includes classification as General or Military Extra, Advisor and other special categories. If the category or requirement changes during filming then the Extra or Advisor may be entitled to extra usage fees.
4. Employment Status:
Extras and Advisors will be considered as Self-Employed for the purpose of work on productions or other assignments as laid out in HMRC Entertainment Guidelines unless specific contracts with the production company are agreed. Nothing in this agreement shall render Extras or Advisors to be employees of Military Film Services in any way. Military Film Services will act as an agency for the Extra or Advisors.
5. Employment Eligibility:
Military Film Services Ltd will ask each individual to confirm eligibility to work in the UK and will obtain a copy of each individual's passport (or legally appropriate photographic ID) prior to their work on the project.
6. National Insurance Contributions:
From 6th April 2014 Extras are considered self-employed for National Insurance purposes. They will no longer have a Class 1 National Insurance deduction from their payments and will receive all payments without National Insurance deductions. Extras will be responsible for paying Class 2 National Insurance and where applicable Class 4 National Insurance which will be payable along with their self assessment income tax. This applies to all payments made to Extras after 6 April 2014. Under no circumstances are they considered an employee of Military Film Services Ltd. If there are circumstances where NI contributions are applicable the responsibility for NI contributions lies with the Production Company (the employer) and not Military Film Services. Military Film Services can invoice the Production Company (the employer) with NI contributions added to the invoice, acting as a bureau service, and pass this onto the Inland Revenue free of charge. Alternatively Production Companies can choose to pay any NI contributions themselves.
7. Film and Television work:
Pay is normally per BBC/Equity, ITV/Equity, PACT/Equity or FAA/PACT agreements. We will be posting details of these rates on our new website. In certain circumstances other pay rates may be agreed.
8. Other work:
Any photographic, corporate, or promo work will be paid at an agreed rate. These will be calculated as a half day or full day, plus appropriate usage fee and overtime fees. Special night rates will be negotiated. All featured persons will be entitled to appropriate repeat fees or an equivalent usage fee.
9. Insurance and Health and Safety:
The production company is required to have suitable employer’s liability and public liability insurance in place which covers personnel supplied by Military Film Services. Military Film Services cannot be held responsible or liable for the production company’s lack of appropriate insurance. Assigned Extras and Advisors are the responsibility of the production company (the employer). Health and Safety is of paramount importance and is the responsibility of the production company (the employer). It is essential that best working practices are maintained at all times. A failure to comply with Health and Safety regulations shall constitute a material irremediable breach of this agreement. Relevant Health and Safety information must be relayed to the Extra, Advisor or other personnel supplied by Military Film Services in line with the Employment Agencies Act 1973. Military Film Services cannot be held responsible for a failure by any Extra or Advisor to comply with the Production Company's Health and Safety Policy.
A cancellation fee will be charged of the full basic daily rate if a booking is cancelled after 1700 the day before an assignment and half daily rate after 1200.
All payments must be made via BACs to Military Film Services Ltd. Late payments will be subject to a surcharge of 15%. A payment is deemed late after 30 days from the invoice date. If an Extra or Advisor is paid directly then Military Film Services reserve the right to still invoice the production company to recoup lost earnings.