Brokenwood Mysteries – EXTRAS RELEASE Adult

Extra Contract – Adult

1. Services: You agree to act as an extra in the Production (Services) to the best of your skill and ability, in accordance with BPL’s requirements and as set out in this contract.

2. Payment: In return for providing the Services and fulfilling your other obligations under this contract, you acknowledge that you will be paid the fees agreed between you and the Agency. You may be required to provide your Services on a Public Holiday, and no penalty rates will be payable for work done on these days. The services are provided as an independent contractor, and you won’t be eligible for additional payments such as holiday pay, sick pay or the like.

3. Rights: You irrevocably and unconditionally:

1. grant and assign to BPL, throughout the universe and in perpetuity, all your rights of any kind (including all copyright, future copyright, renewals and extensions of copyright, rental and lending rights, proprietary and subsidiary rights, trade mark, production, exhibition, promotion, and distribution rights by any means) in the Production and in any documents, materials, film, sound recordings, literary works and dramatic works and other works created as part of the Services, all names, getup and likeness of any fictional character created or portrayed by you, any recordings of you and your voice, and all other results and proceeds of the Services (together, Works);

2. waive all moral rights which may accrue to you in connection with the Production, Works and Services (including all moral rights under Sections 94 and 98 of the Copyright Act 1994), and you irrevocably consent to the full and unfettered use of your performance.

You acknowledge that all Works will become the property of BPL, and BPL can use and deal with the Works as it decides in its discretion. BPL’s rights include: the exclusive right to exploit the Works in all languages and all media now or hereafter known, including all television, theatrical, non-theatrical, merchandising, music, soundtrack, inflight, interactive, internet, print, and commercial tie-in rights; and the right to edit your performance, including the right to exclude your performance from the Production, change the sequence of events, and make any changes in its sole discretion. You agree to do all further things (including signing documents) as BPL or funders may reasonably require to assign any intellectual property rights in the Works to BPL.

4. Policies: You confirm that you will comply with all BPL’s policies and guidelines made available to you (and as may be updated from time to time at BPL’s discretion).

5. Bullying, discrimination & harassment: BPL is committed to eliminating bullying, discrimination and harassment from the workplace. If you become aware of inappropriate conduct of this nature in the workplace, you may raise a complaint in accordance with BPL’s policy on bullying, discrimination and harassment. BPL will respond to the complaint in accordance with the policy. BPL’s process does not prevent you from raising a complaint about bullying, discrimination or harassment under the Screen Industry Workers Act 2022 or other applicable legislation.

6. Health & safety: Each party will comply with their obligations under the Health and Safety at Work Act 2015 (HSW Act) and the Human Rights Act 1993. You confirm that you will: (a) comply with the ScreenSafe NZ Screen Sector Health and Safety Guidelines, the HSW Act, and BPL’s policies and guidelines relating to health and safety (and any replacements or amendments to them); (b) take all reasonably practicable steps to eliminate hazards associated with the Production and will take any health and safety precautions reasonably required by BPL related to Covid-19 (or similar); (c) immediately report to BPL: all hazards, accidents, near misses and notifiable events (as defined in the HSW Act); and anything which may impact on the safety of the Production or lead to a charge or infringement notice under the HSW Act; (d) take all reasonably practicable steps to ensure your fitness for work and the safety of yourself and others in the workplace, in order to help BPL provide a healthy and safe work environment. You must advise BPL of any medical condition, injury or illness you have which may impact on your ability to perform the Services safely or effectively. If you become ill or have an accident, please notify BPL as soon as possible.

7. Personal information: BPL may collect personal information concerning your engagement from you or third parties, and retain, disclose and use that information, in accordance with the Privacy Act 2020 and its Privacy Statement at Privacy statement. – South Pacific Pictures. Under the Privacy Act you have rights and obligations including rights of access to, and correction of, personal information (subject to any exceptions under the Privacy Act) by contacting BPL at the details above or by emailing privacy@spp.co.nz.

8. Confidentiality: You agree to keep all Confidential Information confidential, at all times and in all media until such information enters the public domain with BPL’s authorisation. Confidential Information includes this contract and all information (written, verbal, electronic) regarding BPL’s business, the Production, and BPL’s related companies’ productions, including the Works, details of storylines, scripts and development, casting, budgets, strategy and the like.

9. Indemnity: You indemnify BPL and its related companies, successors, assigns and licensees (indemnitees) against all loss, claims, and costs including all legal costs that BPL or the indemnitees incur arising out of: (a) any claim by a third party resulting from your negligent act or omission or wilful default; and (b) your failure to comply with any confidentiality obligations under this contract.

10. Insurance: You are responsible for ensuring you are covered by insurance as may reasonably be expected of an independent contractor providing similar services.

11. Loss or damage: You agree to let BPL know if any loss or damage occurs to any Production property, equipment, or vehicle immediately or as soon as possible. If insurance is involved, you will give BPL all written details and any other assistance reasonably required for a claim. If you cause loss or damage to any property, equipment or vehicle, BPL or its insurers may require you to pay (depending on the circumstances and without limiting BPL’s other rights and remedies): (a) the applicable insurance excess if such loss or damage is subject to an insurance claim covered by an insurance policy held by BPL or its related companies; or (b) the cost to repair or replace such property, equipment, or vehicle if such loss or damage is not subject to an insurance claim covered by any insurance policy held by BPL or its related companies. You understand that BPL will be required to provide all information to its insurers relating to any insurance claim. The insurers may use such information for the insurance claim including exercising their rights of recovery against any person or entity (if applicable).

12. Termination: This contract may be terminated by mutual agreement between the parties, on such notice as may be agreed between them taking into account the requirements of the Production. BPL can terminate this contract at any time, without the need for any reason or cause, by giving you 24 hours’ notice in writing, or immediately if you are in breach of your obligations to BPL. In the event of termination, BPL may or may not in its absolute discretion require you to provide the Services for all or part of the notice period, and you will only be entitled to payment for Services properly performed (as reasonably determined by BPL) up to the date of termination. All provisions intended to survive (including rights, warranties, indemnities and confidentiality) will survive expiry or termination of this contract.

13. Force majeure: If BPL suspends or ceases production activities due to force majeure, BPL will be entitled to suspend or terminate this contract without notice and without payment (other than payment due for Services already properly provided). In this clause, force majeure includes fire, flood, explosion, natural disaster, act of god, accident, epidemic, pandemic (including Covid-19), labour disputes or strikes, war, riot, civil disturbance, law, governmental order, failure or delay of technical or transportation facilities or funding, or other cause of similar or different nature beyond BPL’s reasonable control.

14. Return of property: On request or when you finish providing the Services, you must return all BPL’s property in your possession or control.

15. Assignment: BPL can assign, transfer or license its interest in this contract (in whole or part) and any rights under it to any third party. You agree not to assign the whole or any part of your benefits or obligations under this contract to anyone without BPL’s prior written consent (not to be unreasonably withheld). You understand that the assignments, consents, waivers and warranties set out in this contract are for the benefit of BPL and all other persons and entities including BPL’s related companies, successors, licensees, transferees and assigns.

16. No injunctive relief: Your rights and remedies in the event of a breach of this contract by BPL will be limited to your rights (if any) to recover damages as a result of direct loss only in an action at law. You will not be entitled to seek an injunction against BPL, its related companies, successors, licensees or assigns which has the effect of restraining or impeding BPL’s ability to carry out the development, production, promotion, distribution, exploitation or exhibition of the Production or to commercialise any rights in or to the Production or the Works.

17. Dispute resolution: If a dispute arises between the parties concerning any matter related to this contract, the parties will negotiate in good faith with a view to a speedy resolution of the dispute. If the parties cannot resolve the dispute, it will be referred to a neutral and independent industry member as mediator or an independent professional mediation service, agreed upon between you and BPL within 3 days (or 24 hours if the dispute affects principal photography) of the dispute arising, and the mediator will endeavour to resolve the dispute within 5 days of the referral. If the parties cannot resolve the dispute by negotiation or mediation, they will use arbitration to resolve the dispute, or some other form of alternative dispute resolution agreed between the parties. Any decision reached through dispute resolution or agreement of the parties will be final and binding on BPL and you. No party may issue any legal proceedings (other than for urgent interlocutory relief, subject to clause 16) relating to any dispute unless that party has first taken all reasonable steps to comply with this clause.

18. Agency: The Agency named below is authorised to act on your behalf unless and until you notify BPL to the contrary in writing. All payments due or notices given under this contract will be given to the Agency and all such payments or notices will be deemed to have also been given to you, and you agree that such payments are good and sufficient consideration for your obligations under this contract. The Agency has no right or claim against BPL and you are solely responsible to the Agency for any payment in connection with the performance of their services or obligations in connection with this contract.

19. Governing law: This contract is governed by New Zealand law.

You are entitled to seek independent advice on this contract. By signing below, you confirm that you agree to the terms of this contract.