Request for Defence Support in Film, Television and other projects

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REQUEST FOR DEFENCE SUPPORT
IN FILM, TELEVISION AND
OTHER PROJECTS
Current version commencing: 01 JANUARY 2015
For your application to be considered, you will need to complete this Word document
and return it signed either as an original hard copy or a scanned PDF document.
Type of Production (Tick One):
[ ] Feature Film
[ ] Documentary
[ ] TV Series/ Telemovie
[ ] Community Service Announcement
[ ] Music Video
[ ] Corporate video [ ] Training/Industrial Film [ ] Fiction/non-fiction writing
[ ] Other (please specify):
NB: Defence does not provide support to commercial advertisements or student productions.
Application Date:
Title of Production:
Name of organisation:
Contact name:
Position:
ABN:
Address:
Tel:
Fax:
e-mail and/or website url:
What is Required:
Filming location requested (if applicable):
Requested Time(s) and Date(s):
Anticipated broadcast or release date:
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Evaluation Questionnaire
Defence receives a large number of requests for support each year that place demands
upon resources and/or have security implications. This limits the number of
applications that can be supported. To assess your application, Defence requires the
following information. Mark those sections that do not apply to your request as N/A
(“Not Applicable”). Please provide:
(a) a concise description of the production;
(b) the history of the production;
(c) an explanation of how participating in this production will assist Defence in furthering
its communications objectives and/or enhance its reputation (refer to the Key Messages
Summary supplied);
(d) the rights and benefits being offered to Defence (e.g., copies of the production for its
own usage, storyline integration, cross-promotion or talent deal);
(e) details of your target audience and how it might equate to Defence’s target audience;
(f) a brief background of your organisation’s experience in production delivery, your
mission statement, and the long term goals of the production or your organisation;
(g) information as to whether there is a business plan; whether financing been sought or
approved; whether the project been pre-sold to a broadcaster or distributor? Please
include copies of any Letter of Interest or similar documentation showing
broadcaster/publisher/distributor interest;
(h) if this is a television, video or film production, will you be shooting in High
Definition or Imax?
Yes/No.
(i) is there a complementary internet strategy associated with this production in order to
promote it? Please provide details;
Web site [ ] __________________________________________________________
Social page(s) [ ] ______________________________________________________
Videocasting site(s) eg YouTube [ ] _______________________________________
Blogs(s) [ ] __________________________________________________________
Podcast/iTunes trailer download [ ]_______________ ________________________
Embedded Advertising [ ] Subscription-based e-mail notification [ ] Push SMS [ ]
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Other [ ] _____________________________________________________________
(j) details of the production’s media exposure (e.g., ratings or circulation figures, signage,
television/radio/print media advertising);
(k) the estimated value of all media exposure (comparable advertising rates are an
acceptable measure);
(l) sponsor involvement involved in the program; details of any support requested from
other organisations in both the private and public sectors. Please include instances of
show sponsorship (a.k.a. advertiser-funded programming), product storyline integration,
product placement, cross-promotion(s), and talent deals;
(m) the proposed method for evaluating the production’s success (eg, ratings, circulation,
box office figures);
(n) if you are seeking Defence imagery for marketing purposes, explain how its proposed
use by you will fairly and accurately depict the business relationship between your
company and Defence. (NB: imagery is NOT available for such purposes to companies
that do not have a current business relationship with Defence or for responses to
Requests for Tender).
(o) any other factors that Defence should consider when evaluating your submission.
Defence reserves the right to deny or revoke support at any time.
Where a production has been misrepresented, all support will be discontinued and
possible legal redress considered.
If it is believed that the production has not complied with the Terms and Conditions
either in whole or in part, Defence may seek legal and other remedies which include,
but are not limited to, withdrawal of all support to the production, and/or monetary
recompense, and/or injunction to prevent broadcast, screening, or
sale/rental/giveaway across all media.
Defence does not provide support to commercial advertisements or student films.
Defence does not provide financial assistance to avoid infringing the producer's
editorial independence; however, the right of reply may be sought in some instances.
If you are requesting permission to film on location, include a copy of your liability
insurance certificate showing coverage of $A20 million. This is a
non-negotiable minimum set by Defence’s property management division and
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insurance area.
Please note clauses 15 and 16 regarding indemnity contained within the Terms and
Conditions section.
Successful applicants may be required to enter into further written arrangements
with Defence and/or the Department of Finance and Deregulation depending on the
nature of the request. These may include a formal contract and/or a short term hire
agreement.
All requests are considered to be commercial-in-confidence, but are subject to the
Freedom of Information Act.
The covering front page, evaluation questionnaire and the Terms and Conditions
section form the whole of this application for Defence’s support. All pages must be
returned together for your application to be considered.
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TERMS AND CONDITIONS
Please read the following terms and conditions relating to Defence’s support for your
proposal. By signing and returning this proposal, you acknowledge your agreement to the
following mandatory conditions.
The Terms and Conditions are that:
1. the production company warrants that all information provided in/or attached to this
Proposal is true and correct in every particular, and no material or relevant information
has been omitted;
2. the production being supported will not disparage the Department of Defence, which
includes the Services, its personnel or policies without providing Defence with the right
of reply which must be included in the final version and all subsequent versions
regardless of the format or manner of publication;
3. the production company will acknowledge the assistance of Defence or individual
Service(s) in the production by the usual method of end credits or as mutually agreed;
4. the production company will provide Defence with a preview copy, subject to its legal
obligations to broadcasters and distributors. It acknowledges and allows Defence to copy
the production in the service of the Commonwealth without charge under s.183 of the
Copyright Act;
5. the arrangement will be conducted with reference to the Australian Public Service
Code of Conduct, which is contained in the Public Service Act 1999;
6. any confidential aspects of the agreement may be subject to the provisions of the
Freedom of Information Act 1982;
7. neither Defence nor its personnel will endorse the products or services of the supported
organisation or that of its sponsors if any;
8. the production company will not present Defence as endorsing or supporting any
product or service or any views, opinions, attitudes or ideas suggested, conveyed,
advertised, canvassed, depicted or otherwise expressed, without prior written consent
from Defence. This includes product and/or service promotion;
9. any real, potential or emerging conflicts of interest must be reported to Defence
immediately;
10. the Commonwealth retains all intellectual property applicable to any material
supplied;
11. the supported organisation will in no way attempt to interfere with any business or
activity conducted by Defence. The company will brief its employees and agents that
doing so may result in criminal prosecution or financial remedy being sought.
Conditions for On Location Filming:
12. pre-conditions stipulated regarding location filming must be adhered to. Any such
conditions will be negotiated prior to filming;
13. Defence is entitled to have a representative present at all times;
14. the production company will ensure all crew, cast and other persons in its employ
follow reasonable directions given by the Defence representative and/or delegate;
15. the production company acknowledges that it conducts the filming entirely at its own
risk and hereby releases to the fullest extent permitted by the law, the Commonwealth and
its servants, agents and contractors in the absence of any wilful default on their part from
all claims and of every kind resulting from any accident, death or injury occurring at the
location to any person or property;
16. the production company indemnifies and holds harmless the Commonwealth and its
employees, agents, subcontractors and volunteers from and against any direct or indirect
Loss, that the Commonwealth may sustain or incur arising from any claim, suit, demand
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action or proceedings by any person against the Commonwealth in respect of the filming,
or otherwise arising as a consequence of this Deed.
17. the production company will not allow any wilful damage or permanent alterations to
be done to the location or contents of the location without express prior permission in
writing from Defence;
18. the production company will repair all damage to the location for which it has been
responsible at its own cost;
19. the production company will remove all of its property and rubbish from the location
at the end of the use of the location at its own cost;
20. the production company will restore the location to the condition it was in, prior to
filming at its own cost;
21. the production company will not do, or allow to be done, any act that will become an
annoyance or disturbance to owners, tenants or neighbours;
22. any other expenses or outgoings at its own cost is subject to, or may reasonably incur,
as a result of the filming, or its need to supervise the filming are expenses to be paid
within 14 days. This expense may be recoverable from the bond after consultation with
the producer or the company’s legal representative;
23. should it be required, the production company will pay a bond to be determined to
Defence not less than five working days prior to the filming date. This bond may be
applied by Defence at its sole discretion to repair and damage or replace any losses as a
consequence of the filming including unpaid fees or service charges. The balance will be
refunded by Defence after its inspection of the location;
24. any bond, less deductions made in accordance with these Conditions and/or Special
Conditions and/or any executed Location Agreement (if applicable) will be refunded
within 30 days of completion of filming at the location;
25. this Proposal, the Conditions, Special Conditions and any executed Location
Agreement (if applicable) will make up the entire agreement between the production
company and the Department, and no external document or oral statement will be
admitted in evidence to amend, alter or vary them;
26. The failure or inability of Defence at any time to enforce a provision of this Deed
shall not be construed as a waiver of that provision by Defence; and
27. the production acknowledges that the Department of Defence may revoke its support
at any time. This may be due to but is not limited to non-compliance with the Terms and
Conditions, the request differing from what was described, operational demands or
security considerations.
Signed:
Witnessed:
_________________________
___________________________
Date: _____________________
Date: ______________________
___________________________
Name (block letters):
Position: _____________________
Company: ____________________
___________________________
Name (block letters):
Position:____________________
Company:_____________________
Please sign and return this form in its entirety either as an original hard copy or a
scanned PDF document.
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