Film Production Checklist Template for Film

W
Description

Film Production Checklist Template for Film document sample

Document Sample
scope of work template
							                Scottish Screen National Lottery
Short Film Production Funding Application Form


 Supports the production of short dramas, documentaries and animations. The
 maximum award is £75,000. You can apply for up to 50% of the total
 production budget. A short film is defined as being 40 minutes or less.

 Terms and Conditions of Your Application
 In order for your Short Film Production funding application to be accepted by Scottish Screen you
 must:

    • Check the website www.scottishscreen.com to ensure you are using the most recent version of the
      application form. This version is June 05

    • Read the Scottish Screen National Lottery Guidelines including the National Lottery Award Conditions

    • Score the minimum number of points for eligibility as set out in Section A of this application form

    • Read the template Offer Letter and the Terms of Business for Short Film Production Funding in Section F
      of this application form

    • Fully complete all sections of the application form

    • Submit all of the documentation listed in Section E of this application form

    • Confirm your agreement to the terms and conditions of this application form by signature

    • Please note this document is a screen-fillable Adobe Acrobat Portable Document Format (PDF) form.
      This form may be either printed and then used in the same manner as any traditional paper form, or
      may be completed on the screen before being printed. If you are using the free Acrobat Reader
      software, you cannot save this form with the fill-in data for use at a later time. You will need to use
      the purchased version of Adobe Acrobat in order to do this. You can then save and email the
      completed form to us. In order to complete these forms on the screen, you must have Adobe Acrobat
      or Adobe Acrobat Reader version 3.0 or above.

    • Submit either a hard copy or an email copy (including a hard copy of the signature page) of your
      application form and documentation by the close of business on the day of the published deadline to:

        Production and Development Department, Scottish Screen, 249 West George Street, Glasgow G2 4QE
        Email: lottery@scottishscreen.com


 FOR OFFICE USE ONLY

 Project Title:
 Production Company:
 Type of Award:
 Parliamentary Constituency:
 Date received:                                                                       Reference number:
 Eligibility Check:                          Points scored:         /                 Rejected? Yes/No



                           Scottish Screen National Lottery Short Film Production Funding Application Form   June 2005   1
CONTENTS                                                                          PAGE
  CONTENTS                                                                        NUMBER
                                                                                       PAGE
                                                                                       NUMBER
Section A – Eligibility Criteria                                                  3

Section B – Contact & Organisation Details                                        4
  Section A – Eligibility Checklist                                                              3
Section C – BProject Details Organisation Details
  Section – Contact &                                                             5              4
  Section C – Project Details                                                                    5
Section D – Meeting the Criteria                                                  8
  Section D – Meeting the Criteria                                                               8
  Section - Document Checklist
Section E – E Documents Checklist                                                 17             15
  Section F – Template Offer Letter and Standard Terms                            of
Section F – Sample Offerfor Short Production Awards
                Business Letter &                                                                17
              Standard Conditions of Funding                                      19




                     Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   2
A Eligibility Criteria
                                                10 POINTS (MAX)                    5 POINTS                      NO SCORE

  BASED IN SCOTLAND

  Lead Producer
  Associate/Co-Producer
  Director
  Writer

  PROJECT DEVELOPED BY

  Scottish based Company
  Branch Office

  PRODUCTION SPEND IN SCOTLAND

  75%
  50%
  25%

  SUBJECT MATTER

  Story primarily set in Scotland
  Story partly set in Scotland


  25% Finance already in place?


  (Points: 30 minimum / 65 maximum)




                           Scottish Screen National Lottery Short Film Production Funding Application Form June 2005        3
B Contact &
  Organisation Details
  Title of Film:

  Name of Company:



  Full legal name of organisation if different from above:


  Applicant’s name and position within the organisation:



  Address for correspondence:




  Postcode:



  Daytime phone number:
  Mobile number:

  Evening phone number:

  Fax:

  E-mail:

  Scottish Screen will only make Lottery awards to validly constituted companies. Please attach the company’s
  Memorandum and Articles of Association or other founding documentation.

  Date of Incorporation:



  What previous experience does your organisation have of film production?              (please us a separate sheet if necessary)




  Please give details of any special communication needs you may have:



                           Scottish Screen National Lottery Short Film Production Funding Application Form June 2005                4
C Project Details
  PROJECT DESCRIPTION
  Title of film:

  Type of film (please tick): Drama          Documentary             Animation         Other

  Duration of film (approx):

  Name of producer(s):

  Name of director(s):

  Name of writer(s):


  Please give a brief synopsis of the film (between 20 and 30 words)
  (We will use this as the basis for all our communications and it may appear in press releases)




  What is the total cost of the project?                                               £

  How much GUARANTEED funding is in place?                                             £

  How much money are you asking us for?                                                £

  What percentage is this of the total cost?                                                                %




  WHAT IS THE INTENDED PRODUCTION SCHEDULE?                                            START DATE           NO OF WEEKS
  Pre-production

  Principal Photography
  Post-Production

  Delivery




                          Scottish Screen National Lottery Short Film Production Funding Application Form June 2005       5
C   What format will the project originate on? Please tick

       S16 mm
       35 mm
       High Definition
       Digibeta
       Other (Please give details.)



    What format will you deliver on? Please tick

       35 mm
       Digibeta
       Other (Please give details.)


    Where will the production office for this film be based?
    If more than one location please specify number of days and/or weeks in each location




    Where do you plan to shoot the film?
    Please specify number of days and/or weeks in each location




                             Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   6
C   Where will the following team members be based?


    DETAILS                                               PERMANENT RESIDENCE

    Producer(s)

    Writer(s)

    Director(s)

    Key cast

    Key crew members



    What percentage of the budget will be spent in Scotland?                  %


    What percentage of the film will be carried out in Scotland?


    Pre-production                                                            %

    Locations                                                                 %

    Studio work                                                               %

    Post-production                                                           %

    Music Recording                                                           %




                           Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   7
D Meeting the Criteria
  The 9 Policy Directions listed below are the main criteria used to decide whether your proposal will receive
  Scottish Screen National Lottery funding. Please refer to Section G in the Guidelines to assist you in
  answering the following questions:

  1. Your project must foster the development of a sustainable film industry in
     Scotland and must have strong Scottish elements
     1.1    Please summarise the potential benefits to the indigenous film industry in Scotland associated with
            the production of this project




     1.2    What plans do you have to create training opportunities for Scottish-based crew and trainees?




     1.3    Please summarise the strong SCOTTISH ELEMENTS associated with the production of this project
            (This statement may appear in the press so please be accurate)




                          Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   8
D   2. Your project must benefit the general public in Scotland
      2.1   Comment on the content of your project and its relevance to Scotland’s cultural identity




      2.2   Give reasons why you think it is important your project should be supported with Scottish Screen’s
            National Lottery Fund. You may wish to comment on the historical, cultural, social and/or
            educational value of your project for audiences in Scotland and beyond




    3. Your project must have theatrical potential and the market value of the
       project must be reflected in its cost
      3.1   Do you have a plan for the distribution and exhibition of the film once it has been delivered?
            Please provide details and also include any guaranteed TV broadcasts




                          Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   9
D   4. You must demonstrate that the project will be managed and executed
       effectively
       4.1    Who will manage the project effectively and ensure that contractual delivery requirements are met?
              Please give background details on the personnel to demonstrate previous ability and relevant
              experience




       4.2    If you have been awarded Scottish Screen Production and/or Development funding previously you
              must provide details of the status of the project


     PROJECT NAME              PROJECT NUMBER          LOAN AWARDED            LOAN REPAID        DATE         PROJECT STATUS

                                                                                YES/NO




    Please use a separate sheet if necessary

                            Scottish Screen National Lottery Short Film Production Funding Application Form June 2005      10
D   5. Your project should already be at an advanced stage at the time of
       application
      5.1   Please provide the following information as an attachment to the application form

            i) Details of any Underlying Rights and Chain of Title documents if applicable (e.g. valid option
               agreements)

            ii) Detailed Production Budget to include:
                Contingency (up to 10%)
                Production fee/producer’s overheads (up to 10%)
                Distribution costs (up to 5%)
                Delivery Materials
                SIF levy

            iii) Director’s Notes


      5.2   Please provide the following information:

            i) A list of intended or confirmed cast

    NAME OF ACTOR           NAME                          PERMANENT                     CONFIRMED
                            OF CHARACTER                  RESIDENCE                     OR INTENDED




            ii) A list of intended or confirmed key Heads of Departments

    NAME                    HEAD OF WHICH                 PERMANENT                     CONFIRMED
                            DEPARTMENT                    RESIDENCE                     OR INTENDED




                           Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   11
D      5.3   Are there any further steps you need to undertake before the project is ready to move into
             production?




    6. You must have an element of partnership funding at the time of
       application
       6.1   Please give details of other finance attached to the project. You must fill in the template below as it
             is required for both assessment purposes and for Scottish Screen Auditing purposes. List the names
             and contact details of funders, together with amounts they will contribute and whether these
             amounts are guaranteed or conditional. If conditional, give an expected decision date


    If you have applied to another Lottery funder please provide the reference number


    *Other Lottery Funding (Reference Number)




                            Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   12
PARTNERSHIP FUNDING FOR SHORT FILM
                              Name of      Amount   % of    Cash, loan   Guaranteed or conditional      Please state
                          Funder/Contact     (£)    total   or ‘in       (if conditional please state   how long the
                            Information             cost    kind’        intended decision date) If     partnership
                                                                         guaranteed please              funding will be
                                                                         attached written               available to the
                                                                         confirmation with this         project
                                                                         application
                                                                         G or C       Date
Public funds
Local Authority
Local Enterprise
Companies
Broadcasters
Other Lottery*
Other
Private funds
Broadcasters
Private equity
Other
Sales Agent
Distributor
Co-producer
Please specify
From own resources
Equity
In kind
Total of partnership
funding
Amount requested
from Scottish Screen
Total (this should
equal the production
budget for the project)
D   6.2   Please explain how you have worked out the values of any in-kind contributions




    6.3   What fall-back plans do you have if conditional funding does not come through?




    6.4   Are there any additional factors affecting the funding or production budget that you wish to
          comment on? Please include any specific conditions attached to partnership funding




                    Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   13
D   7. Lottery funding must produce major improvements or new developments
       which would not otherwise have taken place
       7.1    Why is Scottish Screen Lottery funding necessary and appropriate at this stage of production? What
              significant impact will it make on the development or improvement of the project? Comment on
              why you cannot complete your required production funding from other funding sources




    8. Your project must be of the highest creative and commercial quality
    If there is anything you would like to add here to substantiate this please do so




    9 Film Qualification
       9.1    Please tick here [        ] to state that your project will be wholly or substantially capable of
              qualification as a British film defined in section 3(7) of the Films Act 1985 (refer to the Scottish
              Screen Lottery Funding Guidelines Section G – Clause 9)




                             Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   14
E Document checklist
  Please check through ALL your documents before sending the application. All the documents listed below are
  essential elements of your application. If any of the documents are missing your application will automatically
  be rejected.

  Please remember to label each document clearly with the date, name of your organisation and a heading that
  is the same as those on the following list.

  Do not send original documents

        DVD or VHS of director’s previous work (or other supporting material if first time director)
        Copy of your dated final draft script
        Director’s notes
        Detailed production budget (Scottish Screen will expect the production budget to contain
        provisions for the SIF Levy)
        Written confirmation of secured partnership funding where applicable (including in-kind
        support)
        Biographies/Filmographies of the producer(s), the director(s) and the writer(s)
        Draft Heads of Agreement between yourself and the leading producer if you are a co-
        producer or associate
        Evidence of the Underlying Rights and Chain of Title (eg, valid Option Agreements)
        A copy of your equal opportunities policy
        A copy of Memorandum & Articles or other founding information (unless already held by
        Scottish Screen)

  Please list here any other documents you are enclosing




                          Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   15
E   IMPORTANT NOTE
    We will hold some of the information you give on computer. We will use this information to process
    applications and awards and to prepare statistics.

    All organisations which distribute National Lottery funds share information with each other so that they can
    co-ordinate related applications and cross reference. A specialist contractor provides this database service.
    Some of the information you provide will be included in the database. If you give any false or incomplete
    information, we may cancel your application and ask you to pay back any money we have given you.


    YOUR STATEMENT
    THIS MUST BE SIGNED AND DATED BY THE PERSON NAMED IN SECTION A
    All the information on this application, and any documents we have provided to support it, is true and correct.
    I will tell you immediately if anything changes which could affect this application in any way.

    I acknowledge that the terms and conditions of this Application Form and any other information obtained
    regarding this application or in connection with this application as a whole (‘the Confidential Information”) is
    and shall remain strictly confidential. I will not disclose to any third party or make public the Confidential
    Information without Scottish Screen’s prior consent.

    Scottish Screen will endeavour to keep such Confidential Information confidential, but as a Public Authority in
    terms of the Freedom of Information (Scotland) Act 2002, may require to disclose certain information when
    required to do so under that Act. Where I stipulate at the time of providing information to Scottish Screen
    that I believe the information should be considered exempt from disclosure under that Act, and a request to
    Scottish Screen is subsequently made for disclosure of some or all of that information, Scottish Screen will
    endeavour to discuss such disclosure with me prior to making its decision. I accept and acknowledge that the
    decision on disclosure rests solely with Scottish Screen.

    I confirm that I have the power to accept the award under the conditions set out in the Scottish Screen
    National Lottery Guidelines and in this Application Form.

    By signature of this application I declare that I have read and understood the template Offer Letter and the
    Terms of Business for Short Film Production Funding attached to this Application Form.


    Your signature

    Date


    Signature of another senior member of your organisation
    Name

    Signature

    Position in the organisation

    Date




                            Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   16
F Template Offer Letter
  and Standard Terms
  of Business For Short
  Film Production
  Awards
  OFFER LETTER
  DATE

  Producer Name
  Producer Address
                                                          Letter of Offer

                                                    SUBJECT TO CONTRACT


  Dear [Individual Producer name(s)]

  RE:    “[TITLE]” – PROJECT NUMBER [ ]
  We are pleased to confirm the offer by Scottish Screen (“SS”), subject to contract, to invest in the short film presently
  titled “[project name]” (“the Film”), based on the draft screenplay dated [         ] written by [         ] “the
  Screenplay”) on Scottish Screen’s Standard Terms of Business (“Standard Terms”) which are attached hereto and included
  herein by reference) and on the special terms and conditions set out below and subject always to the execution of a
  Funding Agreement with SS (“the FA”):-

  1. Main Elements

  Production Company(“the Producer”);
  Individual Producer(s):
  Co-Producer(s):
  Director(s):
  Writer(s):
  Principal Cast:
  Script:
  Budget:
  Production Schedule:
  Running time:
  Shooting Ratio:
  Shooting Format:
  Delivery Format:
  Delivery Date:

  SS to have prior written approval of any changes to the above. Elements are only approved where stated.

                            Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   17
F   2. SS Funding

    £X by way of an Equity Investment (“the SS Equity Funding”) in accordance with a cashflow schedule to be approved by
    SS.


    3. Other Finance (Subject to paragraph 2 above)

    1.
    2.
    3.
    4.
    5.
    TOTAL OTHER FINANCE

    As per SS standard terms of business (to be set out in the FA) the Producer must make suitable arrangements (by hedging,
    insurance or otherwise) to provide for currency fluctuations in order to meet the Budgeted Cost and any currency gains
    shall be paid into the Production Account.

    SS to have approval over all other finance and the terms thereof. Finance is not approved unless stated.

    [X (“the Sales Agent”) will act as the worldwide sales agent for the Film excluding the UK. The terms of the appointment
    of the Sales Agent will be subject to the approval of SS. SS shall have approval over “ask” /”take” estimates for the Sales
    Agents Territory. SS shall have approval over any sale by the Sales Agent at below pre-approved “take” prices.]

    The Producer acknowledges that it is a condition of funding that the Producer uses his/her best endeavours to secure a UK
    theatric release of the Film on terms acceptable to Scottish Screen.

    [The UK Distributor of the Film will be X. The terms of the Distribution Agreement with X will be subject to the approval
    of SS. The Producer shall ensure that in the agreement(s) with X (and UK TV broadcaster if known) that there is
    incorporated therein a customary holdback (to be approved by SS) against television exploitation of the Film in the UK so
    as to maximise the theatrical and videogram revenues for the Film.]

    4. Specific Conditions

    5. Recoupment
    From the Net Receipts, the Producer shall be entitled to recoup deferrals (if any and subject to prior written approval by
    Scottish Screen) prior to any split of proceeds from distribution income and Scottish Screen shall be entitled to share net
    proceeds from all Distribution income to the level of their investment. Scottish Screen shall receive 40% of Net Receipts
    and the Producer shall receive 60%. All other equity investors will recoup from the Producer’s share of 60%.

    From the Net Profit Share the producer shall receive a [ %] of Net Profits. Equity Investors (including Scottish Screen) will
    share the remaining [ %] of Net Profits pro rata pari passu to level of their respective investments (unless otherwise
    agreed).

    6. Conditions Precedent
    This offer is subject to

       (i)      SS approval of script
       (ii)     SS approval of director(s), individual producer(s), all key cast and key crew
       (iii)    SS approval of Budget, Production Schedule and Production Cashflow
       (iv)     SS approval of the terms of the Sales Agency Agreement, the UK Distribution Agreement and UK Broadcaster
                Agreement (if applicable)
       (v)      SS approval of the financing structure and all agreements relating thereto and related security documentation
       (vi)     Evidence of clear chain of title to the Producer and principal Artist’s Agreements, Director and Producer
                Agreements and HOD Agreements together with all related documentation
       (vii)    Completion of all financing and distribution/pre-sale agreements (where appropriate)
       (viii)   Production Insurance approved by SS
       (ix)     SS approval of producers fees
       (x)      The Film being a qualifying British Film under the Films Act 1985 (as amended)


                                Scottish Screen National Lottery Short Film Production Funding Application Form June 2005     18
F   7. Press Release
    The Producers shall not issue any press release nor make any public announcements regarding the Producer’s or SS’s
    involvement in this transaction without the prior written approval of SS. SS shall not issue a press release regarding the
    Producer’s or SS’s involvement in this transaction without the prior written approval of the Producers

    8. Review
    SS’s offer of investment is subject to review in 6 months from the effective date of this Offer Letter (being [date]) if you
    have not closed financing for the project nor commenced principal photography. At such time the offer will be extended
    by a minimum 3 months or a maximum 6 months

    In the event of a conflict between the terms of this Offer Letter and the Standard Terms, the terms of this Offer Letter shall
    prevail

    We are delighted to be working with you on this project. If you wish to accept this offer you must do so within 7 days of
    receipt by signing and returning to me the attached duplicate letter and Documentation Checklist.

    Once we have received all the required documents and information (set out in the Standard Terms of Business), our
    external lawyer and our Business Affairs Executive will draft a long form Production Finance Agreement. If you have any
    queries, please contact Business Affairs.

    Yours sincerely


    Business Affairs Executive

    Agreed by



    ………………………..                                                           …………………………….
    X
    For and on behalf of
    Producer
    Dated: [          ]




                                 Scottish Screen National Lottery Short Film Production Funding Application Form June 2005   19
Scottish Screen
Short Film Production Award
Standard Terms of Business
These Standard Terms of Business (“Standard Terms”) form part of, and should be read in conjunction with any offer letter
(“Offer Letter”) issued by SS.

1. Main Elements
Scottish Screen shall have approval over all Main Elements. Approval to be given in writing and there shall be no changes
to any Main Element without Scottish Screen’s prior written approval.

Main Elements are: Production Company, Individual Producer(s), Co-Producer(s), Director(s), Writer(s), Principal Cast, Script,
Budget, Production Schedule, Running time, Shooting Ratio, Shooting Format, Delivery Format and Delivery Date.

2. Scottish Screen Investment
The Scottish Screen Investment shall be advanced by way of an equity investment in accordance with a Scottish Screen
approved Cashflow Schedule.

3. Other Finance
The Producer shall procure the provision of all other finance required to produce and deliver the Film. Scottish Screen shall
have approval over the identity and business terms of all other financiers and finance for the Film.

4. Copyright/Rights
The producer will assign to Scottish Screen the entire copyright to hold. Following and subject to completion of the Film
and Delivery and due performance by the Producer of its obligations, Scottish Screen will reassign the entire copyright to
the Producer. Scottish Screen will reserve the non-exclusive licence to the Festival Screening Rights for a period of two years
from Delivery. For the avoidance of doubt Scottish Screen’s Festival Screening Rights contain a right to exhibit not an
obligation to exhibit.

In the event other financiers seek a share of copyright then Scottish Screen will take a share of the copyright and all other
rights in the Film pro-rata to the level of its investment in relation to other equity investors as security for repayment and
will re-assign such share to the Producer on repayment of the SS Equity Funding.

5. Approvals
Scottish Screen will have approval rights over all key creative, finance and distribution elements including (without
limitation): Main Elements (as set out in Paragraph 1); all drafts of the Script including final shooting script; chain of title;
all heads of department and key crew members; unit publicist (if applicable); production accountant; composer; soundtrack
album agreement; music supervisor; final cut; production schedule; cashflow schedule; laboratory; completion guarantor (if
applicable); sales agent and agreements including commissions expenses (and all sales below minimum sales estimates);
financing costs; distributors and agreements; other investors and agreements and collection agent (if applicable).

6. Final Cut
Scottish Screen shall have the right of CONSULTATION (or joint consultation with other Financiers as applicable) over the
final cut of the Film.

Notwithstanding the above, the Producer shall in any event (i) carry out all changes which Scottish Screen may reasonably
require in order for the Film to meet the requirements of the relevant UK Broadcasting authorities and the British Board of
Film Classification and/or to comply with any warranty, representation or other contractual specification relating to the Film
or to conform to legal advice received by Scottish Screen; and (ii) give full consideration in good faith to all suggestions
and comments made by Scottish Screen in respect of all cuts of the Film. The cost of any such changes or editing shall be
borne by the Producer from the Budget of the Film and shall be undertaken within the time constraints of the Scottish
Screen approved post-production schedule.




                            Scottish Screen National Lottery Short Film Production Funding Application Form June 2005      20
7. Recoupment
Scottish Screen shall recoup the Scottish Screen Investment in accordance with the terms of the Offer Letter.

8. Conditions Precedent
The conditions precedent to the Scottish Screen funding are set out in the Offer Letter.

9. Delivery
The Producer shall produce and deliver the Film to Scottish Screen and all other parties requiring delivery in a timely first
class manner. Scottish Screen Delivery items will be as set out in the Production Finance Agreement.

If delivering on film, deposit to the Scottish Film Archive (SFA) of one mint 35mm positive print of original negative gauge
of the Film together with related materials (e.g. stills, posters, publicity material, press packs or information relating to the
Film (the latter as agreed between the Producer and Scottish Screen).

If delivering on digibeta, deposit to the Scottish Film Archive one digibeta copy of the film together with related materials
as above.

10. Credits
Scottish Screen will receive the following front screen credits in respect of the Film:-

   1. Throughout The World

   (first card) Scottish Screen and [            ] Present
   (second card) in association with [           ]
   (third card)     [         ]

   2. Billing Block and Paid Advertising

   The Scottish Screen presentation credit and logo shall appear in the billing block for the Film and in all paid advertising
   for the Film throughout the World.

   3. Back end credits

   For Scottish Screen “Supported by The National Lottery through Scottish Screen” together with Scottish Screen Lottery
   Funded logo.




   4. Executive Producer credits

   X of Scottish Screen shall receive an Executive Producer credit for the Film. The position of such credit and all other
   Executive Producer credits shall be subject to the approval of SS.

   The above-mentioned Executive Producer credit shall appear as a front screen main title credit and in the billing block
   for the Film and in all paid advertising for the Film.

   All other credits in the end roller credits for such additional persons at Scottish Screen to be at the discretion of the
   Producer (such credits to be approved by Scottish Screen). Scottish Screen will have approval over all other front and
   end credits. All Executive Producer credits on the Film shall be on a shared card, same size and type as the Producer
   credit.


                            Scottish Screen National Lottery Short Film Production Funding Application Form June 2005        21
11. Security
As security for its investment Scottish Screen will take a charge over the copyright and all other rights and materials
granted to or owned by the Producer in relation to the Film and over the income stream to which the Producer and
Scottish Screen will be entitled.

12. Confidentiality
The Producer acknowledges that the terms and conditions of this Offer Letter and any other information obtained
regarding this letter or in connection with this transaction as a whole (“the Confidential Information”) is and shall remain
strictly confidential. The Producer shall not disclose to any third party or make public the Confidential Information without
Scottish Screen’s prior consent.

Scottish Screen will endeavour to keep such Confidential Information confidential, but as a Public Authority in terms of the
Freedom of Information (Scotland) Act 2002, may require to disclose certain information when required to do so under
that Act. Where the Producer stipulates at the time of providing the information to Scottish Screen that it believes the
information should be considered exempt from disclosure under that Act, and a request to Scottish Screen is subsequently
made for disclosure of some or all of that information,Scottish Screen will endeavour to discuss such disclosure with the
Producer prior to making its decision. The Producer accepts and acknowledges that the decision on disclosure rests solely
with Scottish Screen.

13. Press Release
The Producer shall not issue any press release nor make any public announcements regarding the Producer’s or Scottish
Screen’s involvement in this transaction without the prior written approval of Scottish Screen. Scottish Screen shall not
issue a press release regarding the Producer’s or Scottish Screen’s involvement in this transaction without the prior written
approval of the Producer.

14. Review
Scottish Screen’s offer of investment is subject to review. The Offer Letter sets out the review period. If after review, the
Offer is renewed, the Producer will be notified in writing (which will specify the renewal period). If the offer is not renewed
or the FA is not executed within the Offer Period the offer will lapse and the Producer will be notified in writing to that
effect.

15. Documentation for FA
Scottish Screen requires the following documentation and information:
    (i)     Script
    (ii)    Director(s), Writer(s), Producer(s) agreements
    (iii)   Principal Cast and HOD/Crew agreements
    (iv)    Budget (to include contingency and SIF training levy)
    (v)     Proposed Cash Flow Schedule
    (vi)    Completion Guarantor and draft of Completion Guarantee and Completion Guarantor’s agreement with
            Producer (if applicable)
    (vii)   Distributors, deal memos and distribution agreements including P&A commitments (if applicable)
    (viii) Sales companies and their agreements (if applicable)
    (ix)    Co-financiers and terms of co-financing agreements including Interparty Agreement and UK Broadcaster
            Agreement (if applicable)
    (x)     Identity of Auditor (if applicable) and Production Accountant
    (xi)    Underlying rights and chain of title documents (evidencing a clear chain of rights to the Producer), together
            with all development finance agreements (as applicable)
    (xii)   Details of production insurances
    (xiii) Detailed production schedule
    (xiv) Estimated running time of film
    (xv)    Processing laboratory/facilities house agreements
    (xvi) Certificate of incorporation of Production Company
    (xvii) Completed Short Film Information Form
    (xviii) Colour or black and white film
    (xix) Shooting Format
    (xx)    Delivery Format
    (xxi) Ratio
    (xxii) Laboratory
    (xxiii) Locations
    (xiv) Delivery Schedule
    (xv)    Unit Publicist (if applicable)



                           Scottish Screen National Lottery Short Film Production Funding Application Form June 2005      22
16.SIF Levy
All films that receive funding from a public body, or expect to qualify as a British Film under the Films Act 1985 (as
amended) are required to pay a contribution (“the SIF Levy”) towards the Skills Investment Fund (“SIF”) of 0.5% of the
budget of the Film up to a maximum contribution of £39,500. The Producer shall make allowance in the Budget of the
Film for such SIF Levy and shall pay the same to SIF on or before the first day of principal photography of the Film. The
Producer acknowledges that Scottish Screen has the right to retain a sum equal to the levy payable to the Skills Investment
Fund and to deduct this sum from any payment of SS Funding due to the Producer under this Letter of Offer.

17. Additional Delivery Requirement
The Producer shall provide information and materials as required by Scottish Screen to meet audit requirements for
submission of an Evaluation Report to the DCMS from time to time.

An Evaluation Report shall mean a report of the Film to be completed and delivered to Scottish Screen as part of Delivery
(under the Production Finance Agreement and then again at 6, 12, 24 and 36 months following Delivery).

18. Scottish Screen’s Obligations
Until the FA is executed and all Conditions Precedent have been satisfied, Scottish Screen shall have no obligation to
provide any funding for the Film and Scottish Screen cannot accept any liability for any costs the Producer may incur.




                           Scottish Screen National Lottery Short Film Production Funding Application Form June 2005     23

						
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