Terms and Conditions

Effective Date: June 8, 2025

These Terms and Conditions (“Terms”) govern the provision of film and television production services by Maroc Film Services (“MFS,” “we,” “us,” or “our”) to our clients (“Client,” “you,” or “your”). By engaging MFS for any services, you agree to be bound by these Terms.

1. Services Provided

MFS offers a range of film and television production services, including but not limited to: a. Location scouting and management b. Crewing (local and international) c. Equipment rental (cameras, lighting, grip, sound) d. Permitting and government liaison e. Logistics and transport (accommodation, catering, vehicles) f. Casting g. Production management and coordination h. Budgeting and financial management i. Post-production support (e.g., liaison with local facilities) j. Customs clearance for foreign equipment k. Security services l. Other related services as agreed upon in a specific Project Agreement.

The specific services to be provided for each project will be detailed in a separate written proposal, service agreement, or Statement of Work (each, a “Project Agreement”) signed by both MFS and the Client. In the event of any conflict, the terms of the Project Agreement shall prevail over these Terms.

2. Client Obligations

The Client agrees to: a. Provide clear, comprehensive, and timely instructions, specifications, and necessary materials (e.g., scripts, storyboards, creative briefs) required for MFS to perform the services. b. Appoint a primary contact person with authority to make decisions and provide approvals. c. Ensure that all necessary permissions, licenses, and rights (including intellectual property rights) for any materials provided to MFS are secured. d. Provide timely access to any locations, personnel, or information required for MFS to perform the services. e. Make payments to MFS as per the agreed payment schedule. f. Comply with all applicable laws and regulations, including those of Morocco, during the course of the production.

3. Fees and Payment

  1. **Pricing:** All fees for services will be detailed in the Project Agreement. Prices are quoted in [Specify Currency, e.g., Moroccan Dirhams (MAD) or USD/EUR for international clients] and are exclusive of applicable taxes unless otherwise stated.
  2. **Payment Schedule:** Payment terms, including advance payments, interim payments, and final payment, will be specified in the Project Agreement.
  3. **Invoicing:** Invoices will be issued by MFS as per the agreed payment schedule.
  4. **Late Payments:** MFS reserves the right to charge interest on overdue amounts at a rate of [Specify Percentage, e.g., 2%] per month or the maximum rate permitted by Moroccan law, whichever is lower. MFS may also suspend services until overdue payments are received.
  5. **Expenses:** Unless otherwise agreed, the Client shall reimburse MFS for all pre-approved, out-of-pocket expenses incurred in providing the services (e.g., travel, accommodation, per diems, specialized permits, customs duties).
  6. **Cancellations/Changes:** Any cancellation or significant change to a Project Agreement initiated by the Client may result in cancellation fees or charges for work already performed, committed costs, and lost opportunities, as detailed in the Project Agreement or, if not specified, determined reasonably by MFS.

4. Intellectual Property

  1. **Client Materials:** The Client warrants that it has all necessary rights, licenses, and permissions for any materials (e.g., scripts, music, footage) provided to MFS for use in the production.
  2. **Work Product:** Unless otherwise expressly agreed in a Project Agreement, all intellectual property rights (including copyright) in the deliverables, footage, and other work product created by MFS specifically for the Client’s project, upon full payment of all fees due to MFS, shall vest in the Client.
  3. **MFS Materials/Tools:** MFS retains all intellectual property rights in its proprietary methodologies, tools, templates, or pre-existing materials used in the provision of services.
  4. **Usage Rights:** MFS may retain the right to use limited excerpts, stills, or descriptions of the completed work for its own promotional and marketing purposes, unless otherwise agreed in writing.

5. Confidentiality

Both MFS and the Client agree to keep confidential all non-public information received from the other party during the course of the project, including but not limited to project details, budgets, creative concepts, and business strategies. This obligation excludes information that is publicly available, independently developed, or required to be disclosed by law.

6. Warranties and Disclaimers

  1. **MFS Warranty:** MFS warrants that it will perform the services with reasonable skill, care, and diligence, in accordance with industry standards and the terms of the Project Agreement.
  2. **No Guarantees:** MFS does not guarantee specific artistic outcomes, audience reception, or financial success of any production.
  3. **Third-Party Services:** MFS may engage third-party suppliers or contractors. While MFS will use reasonable care in selecting such parties, it is not responsible for their independent actions or omissions.
  4. **Disclaimer:** Except as expressly provided in these Terms, MFS disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

7. Limitation of Liability

  1. **Maximum Liability:** To the maximum extent permitted by Moroccan law, MFS’s total liability to the Client for any claim arising out of or in connection with these Terms or any Project Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Client to MFS under the specific Project Agreement to which the claim relates.
  2. **Exclusion of Damages:** MFS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of anticipated savings, loss of business opportunity, or reputational damage, even if MFS has been advised of the possibility of such damages.
  3. **Force Majeure:** MFS shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, natural disasters, epidemics, government actions, or material changes in Moroccan regulations affecting production.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless MFS, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: a. Any breach of the Client’s obligations or warranties under these Terms or a Project Agreement. b. Any third-party claim related to the Client’s content or materials provided to MFS, including claims of intellectual property infringement or defamation. c. Any injury, death, or property damage caused by the Client’s negligence or willful misconduct.

9. Term and Termination

  1. **Term:** These Terms shall remain in effect for the duration of any active Project Agreement.
  2. **Termination for Cause:** Either party may terminate a Project Agreement and/or the ongoing services for material breach of these Terms or the Project Agreement by the other party, provided that the breaching party fails to cure such breach within [e.g., 15] days of receiving written notice.
  3. **Client Termination:** The Client may terminate a Project Agreement as per the cancellation clauses outlined in the Project Agreement.
  4. **Effect of Termination:** Upon termination, the Client shall pay MFS for all services rendered, expenses incurred, and any applicable cancellation fees up to the effective date of termination.

10. Governing Law

These Terms and Conditions are governed by the laws of the United Kingdom. Any disputes arising out of or related to these Terms will be resolved under the jurisdiction of the courts in the United Kingdom

11. Miscellaneous

  1. **Entire Agreement:** These Terms, together with any applicable Project Agreement, constitute the entire agreement between MFS and the Client regarding the subject matter herein.
  2. **Amendments:** Any amendment or modification to these Terms must be in writing and signed by both parties.
  3. **Severability:** If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
  4. **No Waiver:** No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.
  5. **Relationship of Parties:** MFS operates as an independent contractor. Nothing in these Terms shall be construed as creating a partnership, joint venture, or employment relationship between MFS and the Client.

By engaging Maroc Film Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.