Operating Policies

Media

Mike Magilnick LLC supplies recording media for a production, the storage media must be provided by the production company. The exact amount of data storage that will be needed will vary depending on the camera system, codec selected, amount of content, and length of project. These are factors that will be determined and estimated prior to the beginning of production.

Mike Magilnick LLC may make a redundant copy of the media to store for up to one year in our secure facilities. If the client would like additional storage time past one year service charges can be determined amongst the parties.

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Liability

Mike Magilnick LLC bears no liability for the actions of the client in regards to health and safety of cast and crew. The client is required to supply production insurance if it is requested or deemed necessary. Mike Magilnick LLC is a contracted resource that is under the direction of the client and holds no responsibility for the actions of individuals outside of our employ. Mike Magilnick LLC is also not responsible for the actions of non-employee individuals who are utilizing our equipment.

 

Cancellation or Postponement

Cancellation of a production or postponement of a production requires 30 days notice before the first of the contracted production dates. If a production is cancelled, 20% of the total contract balance will be owed for the reservation of services and equipment. If no notification of a cancellation or postponement is given within 48 hours of the first of the contracted production dates, 50% of the contracted balance will be owed. For a same day cancellation 100% of the balance will be owed.

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Expendables

Each department of Mike Magilnick LLC has a category of equipment that is unavoidably consumed by productions. This equipment is required to be replaced by the client at the end of production. On longer format productions there may be a need to re supply in the middle of a production. Supplies can either be ordered by the client or they can be ordered by Mike Magilnick LLC and added to an invoice at the conclusion of the production. If the client purchases the expendables supply Mike Magilnick LLC can supply a list of the items and corresponding departments as well as a list of suppliers that we have found to be the lowest cost per unit. Production is welcome to replace the equipment from a source of their own choosing as long as the item is exact to the list. No variations in brands will be accepted.

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Ownership

Mike Magilnick LLC will not release media to any outlet or persons that has not been specifically authorized by the client. The media created is the property of the client. Mike Magilnick LLC does retain the rights to the media captured for internal use as well as promotional content creation. No footage is permitted to be used within its original context as to protect the creative interests of the production and the clients property. 
 

Billing for Contract Engagements

A deposit of 25% is due at the engagement of services as signified by the signing of the Production Agreement. An additional 25% is due on the first day of production. The final 50% is due upon completion of principal photography. Additionally any overtime costs or additional days in excess of the originally designated production schedule will be due at the conclusion of principal photography. Payments made via credit card are subject to processing fees. All payments of over $10,000 are required to be transacted via ACH payment or other equivalent bank transfer.

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Billing for Un-Contract Engagements

Payment is due within 30 days of the date of service unless otherwise discussed during the negotiation of services. Payments made via credit card are subject to processing fees. Any outstanding balance after 30 days from the date of service is subject to a 10% late fee. Any outstanding balance after 60 days from the date of service is subject to a 25% late fee. Any outstanding balance after 90 days from the date of service is subject to a 50% late fee. Any outstanding balance beyond 90 days from the date of service is subject to being sent to collections at the clients expense. 

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Billing for Rentals

Payment is due prior to check out. Payments made via credit card are subject to processing fees. Any outstanding balance after check out is subject to a 10% late fee. Any outstanding balance 30 calendar days after check out is subject to a 25% late fee. Any outstanding balance 60 calendar days after check out is subject to a 50% late fee. Any outstanding balance beyond 90 days from the date of service is subject to being sent to collections at the clients expense. 

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Equipment

The equipment provided by Mike Magilnick LLC is the property of Mike Magilnick LLC. All equipment available to the production that is under Mike Magilnick LLC ownership or protective care from a 3rd party rental agency is subject to the judgment of the technicians on set to deem it’s appropriate and safe to use. A Mike Magilnick LLC employee may refuse use of equipment in regards to a specific request if the use or application poses a high risk to the equipment or the safety of those working on set. Any high risk situations to equipment, if able to be accomplished with no risk to human health or safety, may be overruled by the client of the project under the acknowledgement of the risk and the obligation of the client to make Mike Magilnick LLC whole should any damages be suffered. All equipment rented from Mike Magilnick LLC must be covered by an insurance policy at the clients expense. The terms and conditions of the rental agreement and insurance parameters are listed as follows.

 

Equipment Rental Agreement

1. This is a lease of the equipment described on the rental form and not a sale conditional or otherwise. The term of this lease is specified on the rental form. The term of this lease, unless otherwise specified, is from day to day. If the Renter fails to return the equipment by the date as indicated on the rental form and at the specified location, the Renter shall be liable for the daily rental cost of the equipment until it is returned and accepted in good order by Mike Magilnick LLC. Delays by third parties, including shippers, do not mitigate any additional fees. At no time will rental or any additional fees accrue towards the purchase of any rented equipment.

2. The Renter shall not make any alterations, additions or improvements to the equipment. The Renter shall not remove, alter or deface any identification labels or barcodes on any and all equipment.

3. The Renter agrees to pay rent and/or any other associated fees according to the terms established in advance by Mike Magilnick LLC. All charges made to credit and or charge cards shall be final. The Renter and/or card holder waive all rights to dispute charges with the credit or Charge Card Company and agree to resolve disputes as if the charges were made as cash payments. All charges made to either credit or charge cards will be subject to a four percent processing fee.4. The Renter shall be liable to Mike Magilnick LLC for any fees with regard to the cancellation of all or part of an order, repairs due to the Renter negligent use of the equipment or down time associated with such repairs.

5. At all reasonable times Mike Magilnick LLC shall have the right to inspect the equipment and observe its use.

6. The Renter shall comply with the laws, ordinances and regulations in any way relating to the use, operation and maintenance of the equipment.

7. The Renter agrees that the equipment shall be used only by duly qualified employees and/or agents of the Renter. The equipment will be used in strict compliance with standard operating procedures prescribed for the equipment. The Renter shall keep any and all equipment in its sole custody and control.

8. The Renter shall acknowledge Mike Magilnick LLC title and ownership as superior. The Renter shall not sell, loan, assign pledge, encumber, part with possession or suffer any lien to be created over equipment belonging to Mike Magilnick LLC.

9. The Renter acknowledges that Mike Magilnick LLC makes no warranty, express or implied, regarding the equipment, including though not limited to its merchantability or fitness for any purpose. 

10. The Renter shall pay Mike Magilnick LLC all costs and expenses, including attorneys fees, incurred by Mike Magilnick LLC in exercising any rights or remedies hereunder or enforcing any of the terms, conditions or provisions hereof.

11. The Renter shall secure and maintain, at his own expense, insurance for the full replacement value of the equipment without deduction for betterment or depreciation and shall name Mike Magilnick LLC as an additional insured and loss payee. The Renter shall provide Mike Magilnick LLC with a Certificate of Insurance prior to and concurrent with the rental of the equipment. The insurance must be all-risk coverage, covering loss or damage on a worldwide basis, in transit or otherwise. The Renter shall also be liable for any loss or damage sustained by Mike Magilnick LLC including but not limited to the daily rental fees of the equipment from the delivery date until return, replacement or repair regardless of the Renter insurance coverage, limits or deductibles. The Renter shall also maintain at his own expense Comprehensive General Liability insurance at $100,000 coverage per occurrence and annual aggregate, naming Mike Magilnick LLC as an additional insured. All insurance policies shall provide for ten days written notice to Mike Magilnick LLC of cancellation or modification thereof. Lapse or cancellation of the required insurance coverage shall constitute an immediate and automatic default of this agreement.

12. The Renter shall indemnify Mike Magilnick LLC and any of its agents harmless from and against any and all losses, damages, claims, demands or liability of any kind or nature, including legal expenses arising from the use, transportation or operation of the equipment. Should a breach of the terms and conditions occur Mike Magilnick LLC maintains the right to terminate the rental and seek return of the equipment without any liability to the Renter and without prejudice to the rights of Mike Magilnick LLC to receive any fees due.