Fresh Cuts 2023 Terms and Conditions
Further to the announcement, you are applying to enter the Fresh Cuts 2023 Scheme, which is intended to give producers or directors from a black ethnic heritage their first opportunity to produce/direct a programme with the support of ITV Studios in London and/or Manchester and see their programme aired on ITV channels and platforms (the “Scheme”).
The below provides lots of information about the Scheme, who we are, eligibility requirements, how you enter and the terms and conditions relevant to your entry and this Scheme. Please read it carefully, if you have any questions please let us know.
Who We Are:
ITV Studios Limited trading as MultiStory Media company registered in England and Wales (registered number: 0310625) of ITV White City, White City Place, 201 Wood Lane, London, W12 7RU(“Production Company” “we”, “us”, “our”). We have offices in London and Manchester and we will be the producer of any programmes commissioned under the Scheme.
Each successful programme idea shall be known as a Fresh Cuts Programme or collectively the Fresh Cuts Programmes.
ITV network commissioning team (the “Broadcaster”) shall commission the series of Fresh Cuts Programmes.
Closing Date for entries is: 29 March 2023, which may be extended at our discretion without notice.
What Happens Now?
1. The selection process for the Scheme shall consist of (i) initial application entry, (ii) interviews with shortlisted entrants, (iii) development discussions of your idea and of the projects available with the Production Company if you are entering without a programme idea or we believe a different programme idea would be a more suitable Fresh Cuts Programme but would still like you to be included, and (iv) a final decision by both the Production Company and the Broadcaster to determine the successful entrants.
2. If you are entering the Scheme with an idea for a programme, please note that from the date that you enter your idea into the Scheme, you will assign all intellectual property rights in your programme idea to the Production Company throughout the world in perpetuity. This means that during the application process and while your programme idea is being considered, you will not be able to share your programme idea with any other party. Please note, we will automatically re-assign all intellectual property rights in and to your programme idea at the point that your entry or your programme idea is not chosen to progress in the Scheme.
Summary of Terms For Successful Entrants:
1. If successful, you will enter into a written agreement with the Production Company which will set out the terms of your engagement with us covering matters including: (i) whether you prefer your production base to be from our London or Manchester offices; (ii) your producer/director responsibilities, (iii) how you will work on producing your Fresh Cuts Programme for the Broadcaster (iv) the fee payable to you on successful completion of your services (v) conditions relating to your production end credit, and (vi) clauses detailing the process if there are requests for further programmes and/or any other content based on your Fresh Cuts Programme.
2. In addition, this agreement will make it clear that you shall assign all intellectual property rights in and to your Fresh Cuts Programme to the Production Company throughout the world in all media (whether existing or to be invented) in perpetuity.
This means that you will no longer have any rights or claims over your original programme idea if used by us for the Scheme, and whether you have entered the Scheme with a programme idea or not you will have no rights or claims on any version of the Fresh Cuts Programme. All rights in the Fresh Cuts Programme, including future episodes or spin-offs (if any are commissioned), shall be controlled by the Production Company, and any third parties they give permissions to. If you receive any enquiries relating to the Fresh Cut Programme they must be referred to us.
3. Once our agreement is signed, we will enter into a commissioning agreement with the Broadcaster and agree the terms on which we will produce the Fresh Cuts Programme, to include, production schedule, delivery etc.. Please note the Broadcaster will insist on having editorial control over the Programme.
4. The programme budget for each Fresh Cuts Programme shall be determined by ITV and used to cover all standard costs for running the production of your Fresh Cuts Programme and your fee.
5. You will work with a production team assembled by the Production Company and they will also provide you with office support. The Production Company will have overall charge and responsibility of the programme budget on your behalf.
6. Depending on the commercial success of your Fresh Cuts Programme, in addition to the fee you receive for your involvement in the production of your Fresh Cuts Programme, you may be entitled to further financial benefits as set out in clause B of the attached Annex 1.
Before you can start completing the Entry Form, please carefully read through the details below relating to eligibility requirements, terms and conditions, privacy notices and other formalities.
A. ELIGIBILITY REQUIREMENTS
To be eligible to participate in the Scheme, you must meet all of the following requirements:
1. You are from a black or black heritage background;
2. You are at least 18 (eighteen) years old on the date you apply to the Scheme;
3. You are a legal resident in the United Kingdom, the Channel Islands, the Isle of Man or Eire and also currently living in the United Kingdom, the Channel Islands, the Isle of Man or Eire;
4. You must have the proven ability to self-shoot;
5. This must be your first credit as a director/producer for a single film or episode that has been publicly broadcast (any work for a commercial shall be excluded);
6. You must be able to demonstrate at least three years of television/film production experience;
7. If you are submitting a programme idea, the idea submitted must be original to you and is not being considered anywhere else or by anyone else, with a view to any form of advancement including without limitation development and/or funding and/or a commission and/or production;
8. You can submit only one idea/application, and
9. You can only apply as a solo applicant.
(the foregoing shall be collectively referred to as the “Eligibility Requirements”).
B. TERMS AND CONDITIONS
Please read and take the time to understand the entry terms and conditions below (the “Terms and Conditions”).
C. YOUR PRIVACY
Next, we need to tell you how we intend to collect and process your personal information.
Any personal information provided in the Entry Form or during your participation in the Scheme will be collected and processed in accordance with one of the following privacy notices. Which Privacy Notice will apply, will depend on your individual circumstances:
For Contractors: https://www.itvjobs.com/uploads/documents/contractor-privacy-notice.pdf
For Freelancers: https://www.itvjobs.com/uploads/documents/freelancer-privacy-notice.pdf
The controller of your personal information will be the Production Company, that is ITV Studios Limited trading as MultiStory Media.
Depending on how far you progress in the Scheme, we may also collect and process personal information which is more sensitive than ‘everyday’ personal information, such as information about your health and criminal history (if any) (“Sensitive Information”). As required, Sensitive Information will be collected and processed in accordance with our Privacy Notice, so please do read the Privacy Notice relevant to you. A paper copy can be provided to you on request.
You can only submit an Entry Form for the Programme if you agree you will consent to us processing Sensitive Information about you, in accordance with our Privacy Notice.
If you do not want to provide consent, want to withdraw consent or have any questions about how this information will be used, please contact us at myprivacy@itv.com.
Please note, that not providing consent, or withdrawing consent, may potentially have an impact on your continued involvement in the Scheme, and where relevant, you will need to write separately to any third parties to withdraw consent from them. Also, depending on the circumstances, we may still be able to use your Sensitive Information despite withdrawal of consent, for example, where we believe such use to be in the public interest, including for journalistic or artistic purposes
D. APPLICATION & INTERVIEW ADJUSTMENTS
If you would like us to make any reasonable adjustments for you in order to apply or if you are called for an interview please let us know when you apply.
BY ENTERING YOU CONFIRM THAT YOU:
comply with each of the Eligibility Requirements;
and have read, understood and agree to the Terms and Conditions.
FRESH CUTS 2023 ENTRY TERMS AND CONDITIONS
1. INTRODUCTION
1.1 We ITV Studios Limited trading as MultiStory Media, a company registered in England and Wales (registered number: 0310625) of ITV White City, White City Place, 201 Wood Lane, London, W12 7RU (“Production Company”, “we”, “us”, “our”) shall be the producers of the successful entries submitted, under the Scheme, which are then produced into television programmes (the “Fresh Cuts Programmes”).
1.2 By completing and submitting an entry form for the Scheme (the “Entry Form”) for yourself to participate in the Scheme you agree to these terms and conditions (the “Terms and Conditions”).
1.3 When you submit your entry form the Terms and Conditions will be legally binding on you so please make sure you read these Terms and Conditions carefully to make sure you are completely happy with them before you submit your Entry Form.
2. GENERAL
2.1 These Terms and Conditions relate to your submission of an Entry Form for you to take part in the Scheme and will form part of your registration and submission of the Entry Form. The Closing Date for entries is 19 March 2023.
2.2 We are not responsible for any expenses you incur in submitting an Entry Form.
2.3 Due to the large number of entries we receive, unfortunately we can’t acknowledge or respond to each and every entry form submitted so we will only contact those we wish to put forward to the next stage of the selection process. Entry Forms put forward to the next stage of the selection process will be selected at the sole discretion of the Production Company and the Broadcaster.
2.4 ITV and ITV Studios will treat and keep all Entry Forms submitted in complete and strict confidence and only use the material submitted, if a programme idea is being included, as part of an entry for the purpose of evaluating it for Fresh Cuts 2023. Following this we will delete and destroy all such material that is in our possession. You acknowledge that in regularly developing ideas for television across our production labels that ITV Studios might coincidentally develop something similar in future.
2.5 There will be four stages: (i) initial application entry, (ii) interviews for shortlisted entrants, (iii) development discussions of your idea and of the projects available with the Production Company if you are entering without a programme idea or we believe a different programme idea would be a more suitable Fresh Cuts Programme but would still like you to be included, and (iv) a final decision to determine the successful entrants. The Production Company and the Broadcaster shall determine the successful candidates, their decision shall be final and not subject to a right of appeal.
2.6 Please be aware that by registering and/or submitting an entry form and/or receiving a phone call and/or any other correspondence from a member of the Scheme team and/or attending any meetings and/or interviews and/or recording days doesn’t mean that you have been selected to produce or direct one of the Fresh Cuts Programmes. The Production Company and the Broadcaster will review which entries should be put forward through to the next stage of each selection process. All submissions shall be selected at the sole discretion of the Production Company and the Broadcaster and you accept by submitting your Entry Form that such decisions shall be final and that there will be no right of appeal against any decisions taken by us on this matter.
3 ANY PHOTOS, VIDEOS OR OTHER MATERIALS WHICH YOU SUBMIT WITH YOUR ENTRY FORM
If you submit any photos, videos and/or any other materials with your Entry Form (the “Materials”):
3.1 you confirm that:
3.1.1 you’ve got the rights and permissions to submit the Materials as part of your Entry Form;
3.1.2 you have permission from any other parties/person(s) who features in and/or whose work is included in the Materials; and
3.1.3 our use of the Materials will not infringe the rights of any other party or entitle any person to claim payment from us.
3.2 if we elect to do so, you give us permission to use the Materials as part of your Fresh Cuts Programme throughout the world in perpetuity (i.e. forever) in any and all media now known or in the future without any fees becoming due to and you agree to waive any “moral rights” (these are rights which are personal to you and can’t be assigned to us which is why we need a waiver from you instead) that you have in the Materials.
4 YOUR OBLIGATIONS
4.1 If required by us, we may ask you to attend other meetings for your continued participation in the selection process for the Scheme on dates as shall be notified to you and you agree to use your best endeavours to fulfil such requirements.
4.2 You also confirm:
4.2.1 you comply with each of the eligibility requirements set out in the entry form (the “Eligibility Requirements”) and, if required by us, you will provide us with evidence to confirm any the information provided in your Entry Form;
4.2.2 you understand the nature and purpose of the Scheme;
4.2.3 the content of your Entry Form shall be true, complete and accurate in all respects (or we may withdraw you from the Scheme. Whilst disclosure of criminal convictions, civil orders and/or current or pending criminal proceedings and/or anything else negative in your background will not automatically exclude you from being considered for or participating in the Scheme, we shall be entitled to exercise our sole discretion. Certain crimes, civil orders, pending criminal proceedings and/or investigations and/or negative matters may result in us ending your involvement in the selection process for the Scheme. In all cases our decision shall be final);
4.2.4 to the extent you remain in contention for inclusion in the Scheme, you will advise us of any information which might compromise or call into question the integrity of your involvement in the Scheme which might impact our reputation;
4.2.5 that nothing in your Entry Form and/or the Materials will infringe any data protection laws, including the UK General Data Protection Regulation and the UK Data Protection Act 2018 (both as amended, replaced or repealed from time to time);
4.2.6 that the content of your Entry Form where it includes a programme idea shall be original to you and created by you alone and nothing in your Entry Form and/or the Materials will infringe any copyright or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory, and/or otherwise bring us, the Programme or any other party into disrepute; and
4.2.7 you will comply with all other relevant laws in connection with your submission of your Entry Form and Materials.
5 CONFIDENTIALITY
Unless otherwise agreed by us in writing, you shall keep any information, photographs or other material relating to your Entry Form confidential and shall not disclose it to any third party. The same applies to any information, photographs or other material we give to you and tell you to keep confidential.
6 MISCELLANEOUS
6.1 We may amend, change or revise the Terms and Conditions at any time in our absolute discretion.
6.2 We shall be entitled to assign these Terms and Conditions and these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties herein hereby submit to the exclusive jurisdiction of the courts of England and Wales.
ANNEX 1
DISTRIBUTION TERMS AND SHARES OF NET REVENUE A DEFINITIONS
“Ancillary Rights” the rights to exploit the Programme and/or or the Format by way of the DVD Rights, the Book Publishing Rights, the Merchandising And Commercial Tie In Rights, the Publishing Rights, Stage Rights and the Theatric Rights;
“Book Publishing Rights” the right to publish a printed book based on the Programme and/or any format underlying the Programme (if any); “Distribution Commission” (i) 25% of gross revenue in respect of any Programme sales (which commission shall increase to 35% if any agents are used); and (ii) 30% of gross revenue in respect of worldwide Format sales (which commission shall increase to 35% if any sub-distributors are used); (ii) 35% of gross revenue in respect of exploitation of Ancillary rights (inclusive of any sub distributor’s commissions); and (iii) 40% of gross revenue in respect of clip sales;
“Merchandising And Commercial Tie-In Rights” the right to develop manufacture and sell goods and/or services reproducing, depicting or decorated with the characters, content, scenes and incidents of or articles appearing in the Programme including, without limitation, comic strips, exploitation brochures, posters, activity books, toys, games, video games, computer games, apps, online games, novelties, combined packages of books and records, fabrics, apparel, food, drinks and similar goods and through premiums promotions and commercial tie ins with other goods products and services containing or embodying or exploiting such characters, scenes and incidents;
“Net Revenues” mean gross revenues actually received by the Production Company generated from off ITV platforms (which for the avoidance of doubt excludes any income used to defray the costs of production of the Programme and the primary broadcast revenue and repeat fees) from the relevant stream of revenue less: (i) Distribution Commission (ii) actual directly incurred distribution costs and expenses capped at 5% (save for re-versioning and launch costs which are additional costs); (iii) any third party clearance costs or participations (such as artist royalties, union payments, residuals or broadcaster shares); (iv) any applicable taxes, duties or other statutory levies including VAT; and (v) recoupment of any deficit finance (including but not limited to distribution advances, and deferrals or overspends) and costs of intellectual property clearance, registration and enforcement; “Publishing Rights” the sole and exclusive right to print or publish in all languages any story or serial or series of articles and/or illustrations based on the Programme and/or the Format or any episode or element thereof or any transcript or summary or expansion or narrative based on the Programme or any episode thereof or excerpts from the Programme or any part thereof in book or other volume form including so called “talking books” (being sound recordings of non-dramatised readings of or from the transcript or narrative of the Programme or any episode thereof on records, tapes, cassettes, compact discs or other devices) or in any journal, newspaper or periodical and to distribute, sell or otherwise exploit the same;
“Radio Rights” the right to exploit the Format in a non-television voice production for broadcast by radio; “Stage Rights” the right to exploit the Format in a live non-television production to audiences where a charge for admission is made including but not limited to theatres, public and private cinemas, concert and leisure halls and arenas; “Theatric Rights” the right to exhibit the Programme to audiences where a charge for admission is made including but not limited to public and private cinemas, concerts and leisure halls and arenas;
B Further Financial Benefits
In the event a Fresh Cuts Programme is also exploited on a non-ITV owned and/or controlled channel or platform, the Production Company shall ensure the distributor who sold the Fresh Cuts Programme to that third party pays to you a share of Net Revenue.
The amount of Net Revenue shall be determined by the Production Company and set out in your written agreement. Please note you will not receive a share of revenue from any exploitation by an ITV owned and/or controlled channel or platform. This share of Net Revenue shall apply to exploitation arising from (i) any worldwide sales of the your Programme (ii) any exploitation of Ancillary Rights directly related to your Programme or (if applicable) your Format and (iii) sales of your Format through the ROW Territories to non-ITV related third parties.