Agency/Client Considerations and Planning

  • Try to book production company and post production company with as much lead time as possible to make sure all needs specific to the project can be attended to and scheduling thought out to  ensure safety measures can be met adequately (e.g.. any specific testing) or that props and specific equipment can be sourced.
  • Costs for complying with workplace guidelines should be clearly delineated in the bid.
  • Work should be planned to minimize COVID-19 related disruption risks so far as it is reasonably practicable to do so. However, no amount of planning can fully mitigate risks.  It should be understood that additional measures will require an approved overage.  For COVID-19 related risks, Agency / Client should:
    ○ Maintain contingencies for non-insurable COVID-19 related costs such as:
        ■ Additional production costs (e.g. locations become unavailable, duplication of crew required due to sickness, transmission failure, etc.)
        ■ Non-production related costs (e.g. regulations change, costs for quarantining crew are incurred, etc.).
        ■ Cancellation, postponement, and force majeure.
    ○ Reasonably approve replacement of key personnel (director, artist or talent) in the event they are unable to work due to COVID-19 exposure or infection or possible risk thereof.
    ○ Include in agreement with the Company that the Agency and/or Client is responsible for COVID-19 related costs in the likely event such costs are not covered by insurance.
  • If Agency/Client are attending remotely, or if the project is to be completed remotely, cyber liability insurance should be in place (by way of wrap-up or individually acquired policy) to cover any data security breaches, and any delays due to connectivity should be treated as an overage.

This information is designed as a service to AICP Members and is intended only to provide general information on the subject covered and not as a comprehensive or exhaustive treatment of that subject, legal advice or a legal opinion. Members are advised to consult with legal counsel and other professionals with respect to the application of the subject covered to any specific production or other factual situation.