- TERMS + CONDITIONS
TERMS + CONDITIONS
RENTAL AND SALES TERMS DEFINED
Animal Makers offers realistic animal movie props, puppets, and rigs. (1) A prop does not take direction. It just sits there, or gets handled by an actor, but does not move on it's own. (2) A puppet is built to able to be performed and "take direction". A puppet is usually performed by a puppeteer. (3) If you put a human performer inside the fake animal, that is a special effects costume. Animal costume performances are usually cast by Production. Every actor performs differently, especially when inside a bear or a gorilla costume. Props are booked by the week, with progressively smaller weekly costs. Puppets and special effects suits are booked by the day or week.
Security deposits are fully refundable when the item comes back on time, undamaged, and otherwise in similar condition as when they left our studio. Deposits can be made using any method mentioned in "Payments". Credit card deposits will be authorized, with all holds dropped upon successful completion of the rental. If the rented item is out longer than already paid for, the credit card will be charged for the additional costs. If your rental is to be longer, the full rental amount will be charged.
- “Character Suit” is defined as a costume garment that is created to significantly alter the look of the performer who wears it. The look that is assumed after wearing the suit may look like a real animal.
- “Rental Period” is defined by when the suit actually leaves it’s home at the studio until the time when it returns.
- For the purposes of this document, either a Prop, Character Suit or a Puppet, or anything rented or sold by Animal Makers is referred to as the “product”.
- “Animatronic movements” is defined as an item that performs a series of memorized movements or an item that can be controlled from afar (as in radio control, string, cable, etc).
- A day is defined as a calendar day.
- A week is defined as 7 contiguous days or portion thereof.
- Labor time for a day where the suit is picked up in Moorpark is defined as “portal to portal”, from Animal Makers’ studio out until that crew member’s return.
- Royalty Free means that the user has the right to include imagery of the rented prop in multiple projects, with no restrictions as to time and distribution, with a one time payment made to the Company.
- A “use” is defined as inclusion of an AMI copyrighted figure performing in one television episode, one commercial, one internet short film, a live appearance, special use films, or a still photograph. An original released version of the project which includes footage of the copyrighted figure, on a particular platform (broadcast, cable, internet, etc) defines a use. Additional edits of the original project, which include this copyrighted figure are considered additional uses. Examples of these additional uses are: clip shows, "best of" shows, cross promotional videos, channel promotions, network promotions, behind-the-scene shows, stock show opens and closes, re-edited versions of the original episode, interstitials, print ads, t-shirts, mouse pads, promotional appearances, additional release platforms (including games), and other uses outside the original program episode use.
- On-screen promotions which contain a short lift from the original program (under 15 seconds) are included within the first use definition as long as the promotion is solely for the purpose of attracting viewers to the original episode on the release platform (broadcast, internet, game).
- “As is” is defined as the current condition of the item.
- “Client”, “you” and Your” refer to you, the person seeking AMI’s products and accepting the Company’s terms and conditions. Animal Makers is referred to as AMI or “Company”.
- I acknowledge and agree that this agreement shall be governed by the laws of California, County of Ventura.
- AMI reserves the right to display images of the works in progress, final artwork presented, and to display copies of the completed works that their work appears in.
- Terms of customers with approved credit are net 10. Equipment will not be shipped to new customers.
- Accepted methods of payment include: MasterCard, Visa, American Express, Cash, PayPal, verified bank transfer.
- Our products (including any uses) remain Company property until paid in full.
- Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded, less Company’s costs to shut down the service that was started.
- In the case of rentals, a 20% restocking fee will be charged for any or all part of unused rental time, once product has been put in cart and purchased or transaction completed.
- All Sales are final.
- Products are not guaranteed for any film shot, particular use or special effect without providing that guarantee in writing.
- Any purchases made on behalf of client, with client’s approval, will be subject to a 28% mark-up.
- A deposit in the amount equal to the rental fee is due before an item leaves the shop.
- Insurance in an amount equal to the item’s value will be presented at time of rental.
- Media Use Rights
- Company owns all media rights to the item(s).
- Rental fee includes assignment of media rights for one media use.
- All uses of the product are dependent on payment in full status. No uses will be approved until account is brought current. Payment in full releases whatever media rights are included.
- Additional media uses to be negotiated separately
- Client must insure item during round-trip shipping for the amount equal to the replacement value.
- Used items are rented “as is”.
- Character Suits require a day to fit and adjust to a certain performer, plus at least a day to anti-bacterialize and clean the suit.
- Purchased rental props or puppets include use rights on screen for one project as defined herein. Any additional uses other than what this item is sold for are not included unless otherwise negotiated, and agreed to in writing.
- Freight costs are estimated by the store, but actual pricing can vary from that estimate. Client is responsible for any freight costs, regardless of what the store's software estimate for freight might be.
- Freight to and from Company is not included. Most special effects suits can travel with AMI crew members in a van, on a plane, or boat, as well as into tight locations by foot.
- Used items are sold or rented “as is”. If your show has approved the time and cost to prep the suits for particular shots or requirements, then that work will be presented in budget form prior to being performed. If no prep time for particular shots or demands has been approved, then Animal Makers cannot guarantee any particular shot or performance.
- AMI recommends a crew member to direct supervision during prep and performance to assure safety and the best performances.
- AMI does not warranty the work of others. This includes suit performers, special effects technicians, grips, electricians, camera operators, or special effects makeup artists.
- Transportation to and from should be made in vehicles with air-ride suspensions for long hauls.
EXCLUSIONS AND LIMITATIONS
- To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to www.animalmakers.com website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- Excludes all liability for damages arising out of or in connection with your use of this website or Company’s products. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your television show, video short, commercial short film, Facebook App, iTunes app, or whatever sort of project or any other direct or indirect, consequential and incidental damages.
- Force Majeure: Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
- In no case are Products to be used in the creation of stock photography, stock video, 3D scans, or other uses that grant licensees use rights without express written consent.
- Accepted methods of payment are:
- MasterCard, Visa, American Express, company checks, cashier's check, wire transfer, purchase orders from approved accounts, cash, Paypal.
- All required payments must be paid prior to the items being shipped or handed over.
- Failed transactions, including NFT checks, are charged at $50 per event.
- Our terms for a Southern California costume rental are:
- full payment of the rental fee up front;
- No security deposit required if Animal Makers personnel attend the suit;
- provision of production insurance covering the rental in full;
- If rental is done here, but the suit is to be moved out of state, a deposit for the full value of the products will be made by Client to Company.
- For customization work on an existing suit, a work in progress payment will be made by Client at a mid-point during the customization time.
- Final payment is due and payable prior to product being released. This includes any use(s) for the filmed output featuring product.
PLEASE FILL OUT AND FAX TO 805-523-1903
Character Name: _____________________________________________________________________________________________________
Director / Production Company (name and address): _____________________________________________________________________
Advertiser / Product Name: __________________________________________________________________________________________
Advertising Agency (name and address):________________________________________________________________________________
Use is for (pick one):
__ Broadcast USA __ Broadcast Non-USA __ Internet Video __ Print Media __Live Event __Promotional Merchandise
Print Name and Position
Address / Phone