Rig templates presenter contract



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RIG TEMPLATES

PRESENTER CONTRACT

EXPLANATORY NOTES – v8.0



BETA VERSION
GENERAL:

This agreement relates to a one-off agreement between the Presenter for the Programme and a specific number of episodes.


These explanatory notes have been produced in conjunction with and with reference to the BBC’s General Terms For The Production of Radio Programmes By Independent Producers.
The notes are for use with the Presenter Contract v8.0.
The numbering below relates to the clauses in the Contract.
This Agreement may be amended as required between the Parties and any further clauses may be inserted accordingly to meet those requirements.
Producers are, however, free to negotiate their own contractual terms as required.
Further sources of information are available from the BBC Business Affairs website (http://www.bbc.co.uk/commissioning/radio/network/busaffairs.shtml) and the RIG website (http://www.radioindependentsgroup.org) in particular specific terms for contracts to be used by the Production Company.
______________________

Date: Insert the date the Agreement is signed by both you and the Presenter. This is normally hand written.

1. Definitions

1.1 Insert the name and address of the Presenter.


1.2 Insert your name, your registered office or trading address and company number if applicable.
1.3 Insert the name of the programme to be broadcast on the radio.
1.4 Insert the title of the role the Presenter will perform in the Programme.
1.5 Insert the name of the Broadcaster, (e.g. the BBC.)
1.6 Insert the amount payable to the Presenter for each Episode.
1.7 The Total Fee includes the Holiday Entitlement and what ever you have agreed to pay the Presenter for his services. Holiday Entitlement is currently £5.55 per day or £2.78 per half day.
1.8 Insert details of who the payments should be made payable to.
1.9 Insert how long the Programme will last, in minutes.
1.10 Insert the name of which radio channel the Programme will be broadcast on (e.g. BBC Radio 4).
1.11 If the Programme is a series enter the number of episodes. If only one episode enter the number one.
1.12 Insert the date of the first broadcast on the radio channel.
1.12 Insert the date of the recording of the Programme.
1.13 Enter the address of where the recording of the Programme will take place.
1.14 The Intellectual Property Rights are the rights the BBC needs to be cleared for them to use the Programme on further broadcasts and on different media.
1.15 Insert the number of days the Presenter will be required to work on the Programme.


2. Consideration

2.1.2 Clause 2.1.2. The Presenter must assign all Intellectual Property Rights in its performance so that you are in control of all of the rights in relation to the Presenter’s performance in the Programme. This will allow you to be able to give clearance to the BBC in relation to the performance of the Presenter. You will also need the intellectual property rights from all the other contributors to the Programme before you can give full clearance to the BBC.


2.1.3 Clause 2.1.3 is to ensure there will be no further fees payable to the Presenter for further broadcasts of the programme. This is required in accordance with the terms of the agreement between the BBC and yourselves.
If the Presenter requires that it receives repeat fees for further broadcast and/or exploitation of the Programme then please replace Clause 2.1.3 with the following clause and add “Repeat Fee” to the Definitions with the value agreed with the Presenter for the fee;
2.1.3 Payment of the Repeat Fee to the Presenter entitles the Production Company to repeat the Programme and/or performance of the Presenter at any time. Should the Production Company wish to broadcast further repeats of the Programme and/or the performance of the Presenter it shall be entitled to do so subject to the payment to the Presenter of the Repeat Fee/per repeat.

2.1.6 Clause 2.1.6 is an additional requirement of the BBC following a period of consultation and is to reflect the amendments to the BBC’s General and Special Terms in respect of editorial standards and compliance. The purpose of clause 2.1.6 is to ensure that the Presenter will not do anything which could bring the Programme, the Production Company or the BBC into disrepute. This new clause now cross-refers to the termination provisions contained in clause 7.2


2.2. The BBC request that clause 2.2 be added. Moral rights exist whenever copyright is created and relate to the rights of the author (if asserted) to be identified as the author, to object to derogatory treatment of the work or false attribution of the work and privacy in certain films and photographs. Moral rights cannot be assigned but they can be waived by the author of the work.
2.3.2 Clause 2.3.2. The final 50% of the consideration should not be paid until you have received from the Broadcaster the final 50% of your fee. Therefore, the final 50% due to the Presenter will become payable upon the Accepted Delivery of the Programme by the Broadcaster.
2.4 Clause 2.4. This clause protects you should the Broadcaster not accept delivery of the Programme nor pay you the final 50% of the Total Fee. Without this payment you do not have to pay the Presenter the final 50% of the Total Fee. Until the Broadcaster accepts delivery of the Programme and pays you the 50% of the Total Fee you do not have to pay it to the Presenter.
Additional Wording
If transport is to be provided for the Presenter insert the following clause into the Agreement:
“2.7 The Production Company agrees to provide the Presenter with transport from [insert the pick up point] to the Location and return. Transport shall be provided by a [insert the type of vehicle] or similar class of vehicle.
If the Presenter requires the payment of expenses insert the following clause into the Agreement:
2.7 or 2.8 The Production Company shall pay the Presenter’s reasonable expenses upon the production of valid receipts by the Presenter. Any expenses claim for over and including £50 (fifty pounds) must be cleared in advance by the Production Company.”
3. Publicity
3.1 Clause 3.1. Should the Presenter wish to limit the number of publicity photographs it appears in then add in a relevant number. A standard provision is that the Presenter shall appear in no more than 10 publicity photographs.

4. Broadcast


4.2 Clause 4.2 allows the BBC to broadcast the Programme on a number of different media. In the agreement between the BBC and yourselves, the BBC have the right to show the Programme on this media in the period of 7 days from the date of relevant BBC transmission of the Programme.
4.3. Clause 4.3 states if the Programme is pre-recorded the Presenter must attend this recording session. If for any reason the venue and time of the recording is changed you must inform the Presenter of this immediately.
4.4. Clause 4.4. The BBC has the final editorial control in connection to the production of the Programme (and production of any publicity and promotional materials that the BBC is entitled to produce). Clause 4.4 entitles you to reformat, revert or exploit the Programme or just the Presenter’s performance without the Presenter being involved.
4.5. Clause 4.5.The BBC can acquire the BBC World Service Rights (the right to broadcast and transmit the Programme in cycles of 7 broadcasts in the World Service region and to use or authorise the use of the material in the Programme subject to payment to you). Therefore, you must ensure that the BBC has the right to use any material in the Programme. The BBC shall pay for these rights. The Presenter is not entitled to payment for this use of the work.
4.6. Clause 4.6. The BBC has the right to broadcast the Programme as part of the BBC’s Worldwide offering to the British Forces Broadcasting Service. The Presenter is not entitled to any payment from the BBC for the use of its work.

5. Warranties


5.1.1. Clause 5.1.1 ensures that the Presenter is entitled to enter into this agreement and assign its intellectual property rights to you. The concern is that the Presenter may have a separate agreement whereby it has already assigned its intellectual property rights to its agent or a different company.
5.1.2. Clause 5.1.2 ensures that the Presenter is legally entitled to work in the UK.
5.1.3. Clause 5.1.3 acts as consent of the Presenter for you to use its performance on repeats without extra payment and to include the intellectual property rights of the Presenter in the Programme in a sale of the radio network.
5.1.5. Clause 5.1.5 is to protect you should a third party bring a claim against them for infringement of their intellectual property rights in the performance by the Presenter.
6. Broadcaster
6. Clause 6 outlines some of the specific rights the BBC has through their agreement with you.
7. Termination
7.1. Clause 7.1 enables you to end the Agreement immediately should the Presenter not perform his Role in the Programme. This will allow you to end the Agreement without having to pay the Presenter.
7.2. Clause 7.2 is a requirement of the BBC. It allows you to end the Agreement should you or the Broadcaster (BBC) consider that the Presenter has brought them into disrepute or damaged the prospects of the exploitation of the Programme by its acts or failure to act.
7.3. The remaining clauses of 7.3 are standard termination provisions that will enable you or the Presenter to end the Agreement if either party breaches the Agreement and does not rectify the breach within 14 days or becomes insolvent or bankrupt.
7.4 This clauses allows you to end the agreement with the Presenter and your obligations to it should the Broadcaster terminate its agreement with you. The wording below can be added to the end of clause 7.4 and would cancel all outstanding payments due from you to the Presenter if the agreement was terminated. Some agents may not want this wording in the agreement and it can be removed. Without the wording should you owe the Presenter any fees when the agreement with the Presenter is terminated you would still be liable to the Presenter for those fees.

Additional Wording
“In which event any outstanding sums due to the Presenter from the Production Company will cease to be payable.2

8. Notices


8. Under clause 8 should you wish to end the Agreement you must do so by giving a written notice to the Presenter. This clause outlines the requirements necessary to deliver the notice and when it will be considered delivered. If you post the notice it will be considered delivered 48 hours after the date of posting.
10. Indemnity
10.1 Clause 10. The Broadcaster may require you to indemnify it against any possible liabilities, losses, damages or claims it receives as a result of broadcasting the Programme. In order to prevent or limit the costs you would have to pay the Broadcaster you should have in place an indemnity from the Presenter who will cover you should you be faced with any similar claims from the Broadcaster or third parties.
The indemnity is not a comprehensive cover or insurance. Should the Presenter become bankrupt or unable to pay you for the costs you will have to pay it.
THIS CLAUSE IS VERY IMPORTANT AND YOU MUST CONSIDER VERY CAREFULLY IF THE PRESENTER OR PRESENTER’S AGENT WISH TO REMOVE IT.
11. Invalidity
11. Clause 11. If any part of this Agreement is considered illegal or unfair these clauses acts so that only the part that is considered illegal or unfair is removed and the rest of the agreement remains effective.
12. Assignment
12. Clause 12 prevents the Presenter handing over the obligations (performance) and benefits (receipt of payment) of this Agreement to a different person. However, should you wish to you could transfer the benefits and obligations of this Agreement to a different person or company.



Presenter v8.0


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