1. DEFINITIONS AND INTERPRETATION

1.1 Reference is made to the Association’s constitution (“Constitution”) that is available on request.

1.2 Unless otherwise stated, terms defined in the Constitution have the same meaning when used in this Agreement.

1.3 Interpretation rules set out in Rule 1(b) of the Constitution apply to this Agreement.

2. CONSTITUTION
By becoming a Member, the Applicant accepts and agrees to comply with the terms and conditions of this Agreement and to be bound by the Constitution.

3. BENEFITS ARISING FROM MEMBERSHIP

3.1 Subject always to the Applicant complying with this Agreement, the Constitution and its financial obligations set out in Clause 4 below, the Applicant is granted access to the membership benefits available and listed on the Association website including the right to use the Association’s Industrial Agreements, Contracts and Templates for productions undertaken by the Applicant.

3.2 The Applicant acknowledges that all resources and materials made available to the Applicant as part of the membership benefits are for the exclusive use of Members and must not be circulated or otherwise made available for use on productions not associated with Members of the Association. All such resources and materials remain the property of the Association at all times.

4. FINANCIAL OBLIGATIONS ARISING FROM MEMBERSHIP

4.1 In consideration of the right to access the membership benefits, the

Applicant agrees to pay all entrance fees, current annual subscription fees and applicable production levies as they become due and payable. All fees and levies are non-negotiable and non-refundable. The Applicant acknowledges that such fees and levies may be revised annually at the Association’s discretion and will, without limitation, be subject to an annual CPI increase.

4.2 Entrance fees are determined by the Council and their payment are a condition precedent to the Applicant becoming a Member and accessing the membership benefits.

4.3 Annual subscription fees are payable annually and vary depending on the type of membership subscribed. Their payment is a condition precedent to the Applicant becoming a Member (first year), renewing their membership (subsequent years) and accessing the membership benefits.

4.4 In addition to entrance fees and annual subscription fees, Members who are engaged in screen production (including film, television or interactive media), whether directly or by association with a Special Purpose Vehicle, must pay production levies on the first day of principal photography of each program for which the Member receives a bona fide producer credit or equivalent (whether directly or by association with a Special Purpose Vehicle). The amount of production levies is calculated by reference to the budget of each applicable production. Payment of applicable production levies is a condition precedent to Members maintaining their membership and accessing the membership benefits.

4.5 For further information on the amount of fees and levies payable, the Applicant can refer to the Association’s website.

4.6 The Applicant agrees to pay all entrance fees, current annual subscription fees and production levies within three (3) months of the relevant invoice being issued to (a) the Applicant; (b) any Special Vehicle Company associated with the Applicant; or (c) the Applicant’s shareholder(s) or director(s) who is/are engaged in screen production (including film, television or interactive media), as applicable. Failure by the Applicant to pay the invoice within three (3) months will result in the suspension or termination of the Applicant’s membership, at the Association’s discretion, and the Council may determine whether to take further action against the defaulting Applicant. The Applicant is responsible for, and hereby indemnifies the Association in respect of, any non-payment of any amounts invoiced by the Association pursuant to this Clause.

5. CODE OF CONDUCT

5.1 The Applicant agrees not to intentionally damage the reputation of any other Member in any public forum or published media.

5.2 The Applicant agrees not to communicate publicly on behalf of the Association or use the Association’s logo unless permission has been granted from the Executive Director.

5.3 The Applicant agrees to act in a respectful and courteous manner to all employees of the Association at all times.

6. TERM

6.1 This Agreement commences when the Council has approved the Applicant’s application form and payment current annual subscription fees has been received by the Association. Upon commencement of this Agreement, the Applicant becomes a Member.

6.2 This Agreement remains in force until three (3) months after the due date for payment of the annual subscription fees to renew the Applicant’s membership (“renewal fees”). The Applicant may renew its membership by paying the renewal fees by their due date. By renewing its membership, the Applicant is deemed to have agreed to the terms of the Membership Agreement as it exists at the time of renewal.

6.3 If the Applicant fails to renew its membership within three (3) months of the due date for payment of the renewal fees, then the Applicant will be deemed an inactive Member and all of the Applicant’s rights will be revoked.

6.4 In the instance where the Applicant has not renewed its membership but has paid levies for a production whilst being a Member, the Applicant is permitted to use the Association’s Industrial Agreements, Contracts and Templates for the duration of the production in relation to which the levy has been paid.

7. RESIGNATION

The Applicant may resign from the membership in accordance with Rule 10 of the Constitution. For the avoidance of doubt, all fees and levies paid by the Applicant are non-refundable.