6.1 In general
The production process involves high risks and therefore it is very important to cover possible risks with complete and effective insurance policies. The responsibility lies with the Communication agency as well as with the Production company. It is important that the Advertiser is aware of all agreements or arrangements made.
The PIBS (Production and Insurance Briefing Specification) stipulates clearly which specific responsibility lays with the Communication agency or whether it is the Production company that takes the insurance on. The insurance cover must be in effect from the day production starts.
The PIBS outlines the guidelines for the Production company with reference to:
- The effective insurance of the production
- The insurance which addresses the responsibility of the employer towards the employees and artists engaged on the production
- Foreseeing an insurance for the support until the delivery of the production
- Foreseeing a weather day insurance
Whichever company engages the artists; it is not responsible for artist non-appearance.
To cover the artist non-appearance, a special ‘non-appearance’ insurance cover can be arranged. Non-appearance insurance cover can be also additionally arranged for a director, a cameraman or other crew members.
The Production company and Communication agency hold no liability in regards to the moral and commercial rights related to the material delivered by the Advertiser. In addition to the latter, the Production company or the Communication agency holds no responsibility for a transport of these materials, unless otherwise agreed.
If requested in the ‘special conditions’ section, the Production company can, upon the request of the Communication company, take specific measures. For obtaining an effective insurance cover it is essential to exchange all specific requirements of the production between the Communication agency and the Production company, clearly stating the start date and expiry date of such additional insurance cover.
In case the Production company has been instructed to obtain a ‘weather day’ insurance cover, then it is the Production company which is responsible for the weather days costs.
The Production company can not be liable for possible damages and losses caused by the Advertiser and /or Communication agency, resolving in delays, postponements or cancellations of the shoot.
When the insurance is the responsibility of the Communication agency or the Advertiser, the Production company will be supplied a confirmation of all the existing covers including all additional covers required for the particular production before the start of the production. In return, the Production company will keep the Communication agency/Advertiser informed of any special requirements in order for those to be added on top of the existing cover. This way incompleteness will be avoided: a guarantee that everything needed for the production will be covered. When subscribing an insurance in this way, the risks will lay with the account policyholder (in this case, the Communication agency or the Advertiser).
6.2 Weather-day and weather-day insurance
It is essential to establish that meteorology is not an exact science.
In addition to the offer, the Production company has to supply the Communication agency with a budget in which the extra costs for (an) extra shooting day(s) caused by bad weather are stipulated: the weather-day budget. The Communication agency will approve the weather days costs in writing before the PPM.
In general, even obtaining a weather insurance cover is becoming more difficult, it is still possible to do so; the premium for the weather-day insurance will be calculated based on the above mentioned weather-day budget, supplied by the Production company. (This budget indicates extra expenses necessary to extend the shoot period.).
The decision whether to take on the weather day insurance cover will be agreed between the Production company and the Communication agency and Advertiser in advance and the decision will be sealed in writing. In case the Communication agency and Advertiser decide not to obtain or instruct the Production company to obtain the weather day insurance cover, all extra costs occurred due to a bad weather will be Communication agency and Advertiser’s responsibility.
The possibility exists that certain weather risks are not possible to be covered by the insurance company/broker. In that case, no weather day insurance will be arranged.
The objective for arranging the weather day insurance is to compensate the policyholder for any potential financial losses due to delays, postponements or cancellations of the shoot(s) due to bad weather conditions.
What can be covered?
A. Reasonable Photographic Conditions = RPC
Reasonable Photographic Conditions allow a sufficient amount of natural light to achieve the required technical minimum, pending on a type of lens used.
Sunshine means light conditions with sufficient natural light to ‘create’ visible shadows. This insurance is rarely given and is usually very expensive.
C. No rain
No rain means weather conditions with no rain, snow or hailstorm or any form of precipitation or fog.
Wind means weather conditions with a wind speed less than 5 Beaufort. This coverage can only be obtained in combination with or in addition to the weather-day insurance.
What coverage exists?
-> Definition: Fixed day means you chose to be compensated for the financial losses of one (1) shooting day in the fixed period.
Example: The shoot is scheduled for the 5th, the 6th and the 7th December. You obtained a No Rain insurance for one fixed day: December the 6th. This means that the insurance will compensate you for a maximum of one day and the costs foreseen for the shooting day of December the 6th given it rained on that particular day (and only on that day).
The insurance company can only make an informed offer when the exact location, the exact date, the budget, the weather cover insurance type needed and type of day are defined.
The producer of the Production company will, together with the TV producer representing the Communication agency, decide whether the extra shooting day will be scheduled as a continuation of the existing shooting schedule or as a separate engagement.
Obtaining the weather insurance premium cover needs to be finalised and paid for at least 10 days before the first shoot day. As a rule, the insurance companies do not accept a shorter notice period for arranging such a special risk insurance coverage.
Most of the weather-insurance companies/ brokers work with a ‘no claim bonus’. This bonus will be calculated and based on the premium cover amount; a percentage of the premium amount will be reimbursed if there is no claim.