FIFTH WALL CREATIVE Limited is a New Zealand registered Limited liability company. The following are the standard Terms of Trade for FIFTH WALL CREATIVE Limited. These terms apply to all estimations, quotations, contracts or agreements unless specified otherwise in writing.

  • Quotations are valid for 30 days from the date of creation. Unless Specified. 
     
  • PAYMENT.
    • Final Payment is due ten days after the final performance / last day of the associated Show, Event, Exhibition. Or ten days after the invoice date, if the invoice was not produced prior to the final performance.
    • If progress payments are required the schedule of these will be specified with in the quotation or as an attachment to the quotation.
    • Progress payments are due ten days after the invoice date.
    • Ownership of any goods or items remain the property of Fifth Wall Creative Limited until final payment is made.
    • All invoices which become overdue will incur interest at 2% per month together with collection costs incurred by Fifth Wall Creative Limited until they are settled in full.
       
  • ADDITIONAL SERVICE
    • Unless otherwise stated in writing, Fifth Wall Creative Limited will be correct in assuming that the Producing entities nominated Creative Director, Production Manager and the Technical Director have the authority to negotiate additional scope or services above what has been quoted
       
  • INTELLECTUAL PROPERTY & COPY RIGHT 
    • All design work remains the property of Fifth Wall Creative Limited and Benjamin John Hambling.
    • Unless otherwise specifically specified in the quotation or further written agreement. The design work is provided to the producing entity of the Show, Event, Exhibition or Project specified in the quotation for the duration of the season of that show or event only. Any or all component/s of the design may not be reused or on sold without express written permission by a Director of Fifth Wall Creative Limited.
    • Fifth Wall Creative Limited and/or Benjamin John Hambling may recreate, reuse any or all of the design and content created by Fifth Wall Creative Limited for any Show, Event, Exhibition or Project at there discretion.
       
  • PHOTOGRAPHS, IMAGES & VIDEO FOR MARKETING AND ARCHIVE
    • Fifth Wall Creative Limited reserves the right to take photos and video of supplied work, including, but not limited to: Construction process, The Pack in or out process, Completed work in show / rehearsal conditions including work Fifth Wall Creative has designed but not necessarily constructed.
    • Photos may include cast / performers, where they form part of the scene containing the design elements.
    • Access and opportunity will be made available to Fifth Wall Creative Limited to take photos, images, video.
    • Fifth Wall Creative Limited will not use any video or content that may breach the rights holder conditions. Or any photos, images or video that may have a negative impact on a person featuring in them.
    • Photos, Images & Video will be used for the Primary purposes of Marketing including website and social media to promote Fifth Wall Creative Limited. These will not be on sold to a third party.
       
  • HEALTH & SAFETY
    • Fifth Wall Creative limited has a commitment to contributing, within the scope of its influence, to a Healthy and Safe working environment.
    • The Producing entity, it’s agents, contractors, venue and Fifth Wall Creative Limited agree to work together to create a Healthy and Safe working environment.
    • Where practical the ETNZ ‘A Guide to Safe Working Practices in the New Zealand Theatre & Entertainment Industry’ will be used to determine best practice. Where the approach / solution needs to differ from ‘The Guide’ an appropriate risk assessment will be carried out. 
    • Fifth Wall Creative Limited will not be liable in any way if it must cease work after determining that the work or the working environment makes it unsafe to continue.
       
  • LIABILITY
    • To the fullest extent  permitted by law, Fifth Wall Creative Limited, it’s directors, agents or sub contractors  will not be liable for any direct or indirect loss or damage (including but not limited to revenue, funding or ticket sales) incurred by you or another person or entity, whether in contract or failure to deliver contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from work or goods provided by Fifth Wall Creative Limited.
    • You shall indemnify  Fifth Wall Creative Limited against all claims and loss of any kind whatsoever however caused or arising which is bought by any person in connection with any matter, act, omission, or error by Fifth Wall Creative limited, it’s directors, agents or sub contractors in connection to the work or services supplied.
    • Fifth Wall Creative will not be liable for failure to deliver work or services if the cause of delay or failure is beyond our control.

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