Fresh Cuts Terms and Conditions
FRESH CUTS TERMS AND CONDITIONS
Further to the announcement, you are applying to enter the Fresh Cuts Scheme, which is intended to give five (5) producer/directors from a black ethnic heritage their first opportunity to produce/direct content to be aired on ITV
(the “Scheme”).
ITV Studios Limited trading as MultiStory Media company registered in England and Wales (registered number: 0310625) of 2 Waterhouse Square, Holborn, London, EC1N 2AE (“Production Company” “we”, “us”, “our” “ITVS”) shall be the producer of any programmes commissioned under the Scheme.
ITV network commissioning team (the “Broadcaster”) shall commission the five (5) successful entries under the Scheme and each commissioned programme shall be known as the Programme(s).
The closing date for entries is: 18 March 2022 (the “Closing Date”), which may be extended at our discretion without notice.
Once the five successful entries are chosen, they will work with the Production Company in either London and/or Manchester.
Summary of Terms For Successful Entrants:
The selection process shall consist of (i) initial application entry, (ii) interviews for shortlisted entrants (iii) further development (if required by the Broadcaster) and then (iv) a final decision to determine the successful entrants.
During the application process and while your entry submission is being considered, you shall not share your entry submission with any other party.
If successful, you shall work in the capacity of a producer/director.The agreed programme budget shall be £130,000 including all standard costs for running the Programme.
The Production Company shall provide a production team and support who will have overall charge and responsibility over the £130,000 budget for the successful candidate.
You agree to assign all intellectual property rights in your submission to the Production Company throughout the world in perpetuity. We shall automatically re-assign all intellectual property rights in and to your submission in the event your submission is not chosen as one of the five (5) commissioned programmes.
You shall be entitled to the financial benefits as set out in clause Annex 1 B of the attached terms and conditions.
Before you can start completing the Entry Form, we need you to go through the eligibility requirements, terms and conditions, privacy notices and other formalities.
ELIGIBILITY REQUIREMENTS
To be eligible to participate in the Scheme, the following requirements need to be met:
You are from a black heritage ethnic background
You are aged at least 18 (eighteen) years old at the date you submit an entry;
You are a legal resident in the United Kingdom, the Channel Islands, the Isle of Man or Eire and also be currently living in the United Kingdom, the Channel Islands, the Isle of Man or Eire;
You must have the ability to self-shoot (if pitching unscripted ideas);
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);
Although the Scheme is not for entry level talent, you must be able to demonstrate more than three years of television/film production experience;
The idea submitted must be original to you and (other than this Scheme) is not being considered anywhere else or with anyone else, with a view to any form of advancement including without limitation development and/or funding and/or a commission and/or production; and
You can submit only one idea/application
(the foregoing shall be collectively referred to as the “Eligibility Requirements”).
TERMS AND CONDITIONS
Please read and take the time to understand the entry terms and conditions below (the “Terms and Conditions”).
WHAT HAPPENS IF YOUR ENTRY SUBMISSION IS CHOSEN
None of the following terms shall apply if your entry submission is not chosen. In the event of your entry submission being chosen as one of the five (5) Programmes you agree:
To enter into our standard agreement for your services as a producer/director and the production base for the Programme shall be London and/or Manchester.
You shall assign all intellectual property throughout the world in all media (whether existing or to be invented) in perpetuity in and to your entry submission to the Production Company in exchange for (i) the payment agreed by the Production Company and set out in the standard producer/director agreement and (ii) any additional payments applicable set out in Annex 1 Section B.
The Production Company shall provide a production team and office support for the Programme, who shall have overall charge and responsibility over the £130,000 budget for the successful candidates. The Production Company shall enter into the commissioning arrangements with the Broadcaster and ultimately the Broadcaster shall have editorial control over the Programme.
In the event that a Programme, based substantially on your entry submission is commissioned and exploited on any ITV platforms you shall not receive any further payment, other than where further payments may be applicable to you under Annex 1 Section B.
Subject to the Broadcaster’s approval and guidelines, provided you have fulfilled all of your obligations, under your producer/director agreement (to the reasonable satisfaction of the Production Company), you shall be entitled to receive a personal name production end credit.
Where the Programme has potential to be recommissioned or additional episodes are required, the Production Company shall discuss with you, in good faith, your role in such recommission and/or additional episodes.
Where the Programme is not recommissioned by the Broadcaster within the Broadcaster’s recommissioning period (usually a period of twelve (12) months from the first transmission of the Programme on ITV main linear channel), we shall discuss with you, the opportunity for the Production Company to approach another broadcaster with a view to securing a commission of further episode(s)/a further series based on the Programme. In the event there is interest from another broadcaster, the Production Company shall have a first right to produce such further programme(s) and you shall be attached in a capacity to be agreed in good faith with the Production Company and the new broadcaster.
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 will apply ,depending 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 i.e. ITV Studios Limited trading as MultiStory Media. If you have any questions about how your information will be used, please contact us at myprivacy@itv.com.
BY REGISTERING YOU CONFIRM THAT YOU:
comply with each of the Eligibility Requirements; and
have read, understood and agree to the Terms and Conditions.
APPLICATION & INTERVIEW ADJUSTMENTS
If you would like us to make any reasonable adjustments for you in order to apply or for an interview (if called for an interview) please let us know when you apply.
FRESH CUTS ENTRY TERMS AND CONDITIONS
INTRODUCTION
We ITV Studios Limited trading as MultiStory Media, a company registered in England and Wales (registered number: 0310625) of 2 Waterhouse Square, Holborn, London, EC1N 2AE (“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 “Programme”).
By completing and submitting an entry form for the Programme (the “Entry Form”) for yourself to participate in the Scheme you agree to these terms and conditions (the “Terms and Conditions”).
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.
GENERAL
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.
We are not responsible for any expenses you incur in submitting an entry form.
Due to the large number of entries we receive, unfortunately we can’t acknowledge or respond to each and every entry form submitted but only 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 our sole discretion. In all there shall be four stages: (i) initial application entry, (ii) interviews for shortlisted entrants, (iii) further development (if required by the Broadcaster) and then (iv) a final decision to determine the successful entrants. The Production Company and the Broadcaster shall determine the successful five candidates, their decision shall be final and not subject to a right of appeal.
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 your entry submission has been chosen as one of the five (5) winning Programmes. The Production Company and the Broadcaster will review which entries should be put forward through to the next stage of the Programme selection process. All submissions shall be selected at the sole discretion of the Production Company and the Broadcaster and you accept that 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.
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”):
You confirm that:
You’ve got the rights and permissions to submit the Materials as part of your entry form;
You have permission from any other parties/person(s) who features in and/or whose work is included in the Materials; and
Our use of the Materials will not infringe the rights of any other party or entitle any person to claim payment from us.
If we elect to do so, you give us permission to use the Materials as part of the 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.
YOUR OBLIGATIONS
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.
You also confirm:
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;
You understand the nature and purpose of the Scheme;
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);
To the extent you remain in contention for inclusion in the Programme, 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;
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);
That the content of your entry submission 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
You will comply with all other relevant laws in connection with your submission of your entry form and Materials.
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.
MISCELLANEOUS
We may amend, change or revise the Terms and Conditions at any time in our absolute discretion.
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
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 ITVS 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;
TERMS
In the event a Programme is commissioned based on your entry submission and such Programme is exploited off an ITV platform then the Production Company shall or instruct its distributor to pay to you a share of Net Revenue.
The amount of Net Revenue shall be determined by the Production Company and set out in the producer/director contract and shall apply to exploitation off ITV platforms 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.