RISK MANAGEMENT MANUAL - WikiLeaks...Risk Management Manual 1/13 Page 2 CANADIAN CERTIFICATES When filming in Canada, it is generally necessary to issue two (2) separate certificates

RISK MANAGEMENT

MANUAL

We have you covered JANUARY 2013

This Risk Management Manual has been created to assist production personnel with insurance-related issues and questions. Please take a moment to refer to the topic area in which you have a question. If additional assistance is needed, contact Dawn Luehrs at (310) 244-4230. HOW TO REACH US… Janel Clausen (310) 244-4226 Vice President, Risk Management Department Head [email protected] (626) 449-7170 – Home / (818) 384-0667 – Cell Dawn Luehrs (310) 244-4230 Director, Risk Management Production Insurance Administration [email protected] (562) 597-9884 – Home / (714) 747-6374 – Cell Douglas Hastings (310) 244-4235 Manager, Risk Management Production Claims, Workers’ Compensation Claims, Automobile Claims, General Liability Claims [email protected] Donna Tetzlaff (310) 244-4244 Director, Risk Management Corporate Insurance Administration [email protected] (310) 972-9522 – Cell Britianey Barnes (310) 244-4241 Risk Management Administrator Production Insurance Administration [email protected] [email protected] Aaron Au (310) 244-4236 Risk Management Coordinator Production Insurance Administration [email protected] [email protected] Production Safety (310) 244-4458 [email protected]

Certificates of Insurance Page 1 Cast Insurance Page 13 Negative / Faulty Stock Insurance Page 28 Extra Expense Insurance Page 30 Props / Sets / Wardrobe Insurance Page 31 Miscellaneous Equipment Insurance Page 33 Third Party Property Damage Page 36 Money & Securities Page 38 General Liability Insurance Page 39 Automobile Insurance Page 42 Workers’ Compensation Page 48 Travel Accident (AD&D) Page 49 Special Insurance Needs Page 51 Claims Page 86 Safety Page 87

CERTIFICATES OF INSURANCE STANDARD CERTIFICATES Risk Management will supply each production company with a blank certificate of insurance template via email, as well as instructions for issuance (see Certificate of Insurance User Guide). (Note that Canadian productions will receive two blank certificate of insurance templates, each evidencing different policies.) To complete a certificate of insurance, enter the current date in the “Date” box (upper right) and the certificate holder name & address in the “Certificate Holder” box (lower left). These fields are open on the template so that you may type directly onto it. Upon completion of the certificate, the certificate holder will have evidence of $1,000,000 per occurrence of liability and property coverage and will be added as an additional insured and loss payee as its interests may appear. Please note that evidence of Workers’ Compensation and Employer’s Liability coverage is to be provided by the production company’s payroll service company, not by Risk Management. A copy of each issued certificate is to be emailed to Risk Management as a pdf file. The pdf file should be named using this format: “Vendor Name – Production Name”. Risk Management will not process completed certificates sent via fax or regular mail. SPECIAL CERTIFICATES Some vendors may require higher coverage limits, special language and/or special forms. Submit all such requests to Risk Management on the Certificate of Insurance Request Form (included in this manual), along with a copy of the applicable contract, as per the instructions in the Contract Review User Guide.

Risk Management Manual 1/13

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CANADIAN CERTIFICATES When filming in Canada, it is generally necessary to issue two (2) separate certificates for each request. Primary Commercial General Liability (Cdn $1,000,000) & Excess/Umbrella Liability (Cdn $1,000,000) coverage will be shown on the certificate prepared by our Canadian broker, HKMB. Production Package coverage of Cdn $1,000,000 will be evidenced on certificates prepared by our other Canadian broker, Aon/Ruben-Winkler. These two certificate of insurance templates will be emailed to you by Risk Management. Remember to issue both certificates to the certificate holder as per the standard certificate issuance procedures. INDEPENDENT CONTRACTORS / VENDORS For insurance purposes, an Independent Contractor is defined as someone not on our payroll but providing a service to us (e.g. security & caterers). Typically, an Independent Contractor will invoice us for services rendered. When utilizing Independent Contractors, it is necessary to get certificates of insurance and policy endorsements from them and have them approved by Risk Management prior to commencement of their work. You should not issue certificates to Independent Contractors. We have included a list of our Standard Insurance Requirements and a sample Certificate of Insurance which you may wish to utilize when requesting certificates from the Independent Contractor. EMPLOYEE SPECIALTY BOX RENTAL See Miscellaneous Equipment Section Following these procedures will help minimize additional premiums being charged to production. FORMS APPLICABLE TO THIS SECTION Outgoing Certs (issued by Production to Vendors when requested):

• Sample of Outgoing Certificate • Certificate of Insurance Request Form (when Vendor requires higher limits, etc.) • Certificate of Insurance User Guide • Contract Review User Guide & Flow Chart

Incoming Certs (requested by Production from Independent Contractors / Vendors)

• Standard Insurance Requirements for Contractors / Vendors • Sample of Incoming Certificate & Endorsements

MISC EQUIP/PROPSSETS, WARD/3RD PARTYPROP DMG/VEH PHYS DMG

AU 00000000 00/00/00

THE CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED AND/OR LOSS PAYEE, AS APPLICABLE, BUT ONLY AS RESPECTSPREMISES/VEHICLES AND EQUIPMENT LEASED/RENTED BY THE NAMED INSURED IN CONNECTION WITH THE FILMING ACTIVITIES OF THEPRODUCTION ENTITLED, “NAME OF PRODUCTION”.

SAMPLE CERTIFICATE OF INSURANCE ISSUED BY PRODUCTION

00/00/00

NAME & ADDRESS OFINSURANCE BROKER OR AGENT

PROD 00000000 00/00/0000 00/00/0000 $1,000,000 LIMITB

NAME & ADDRESS OFPRODUCTION COMPANY

GL 00000000 00/00/0000 00/00/0000

1,000,000

1,000,000

2,000,0001,000,000

10,0001,000,0001,000,000

XX

X

X

X

NAME & ADDRESS OF VENDOR

A

A

NAME OF INSURANCE COMPANYNAME OF INSURANCE COMPANY

100103

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

IMPORTANT: If the certificate holder is an A DDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED A S A MATTER OF INFORMA TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA TE HOLDER. THISCERTIFICATE DO ES NO T A FFIRMATIVELY OR NEG ATIVELY A MEND, EXTEND O R A LTER THE COVERAGE A FFORDED BY THE PO LICIESBELOW. THIS CERTIFICA TE OF INSURA NCE DOES NOT CONSTITUTE A CONTRA CT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER

INSURED

CONTACTNAMEPHONE(A/C, No, Ext):

FAX(A/C, No):

E-MAILADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGESTHIS IS TO C ERTIFY TH AT THE POL ICIES OF IN SURANCE L ISTED BELOW H AVE BEEN ISSUED TO THE IN SURED N AMED ABOVE FOR TH E POLICY PER IODINDICATED. NOTWITHSTANDING AN Y R EQUIREMENT, TERM OR C ONDITION OF ANY C ONTRACT OR OTHER D OCUMENT W ITH RESPECT TO W HICH THISCERTIFICATE M AY BE ISSUED OR M AY PER TAIN, TH E IN SURANCE AFFOR DED BY TH E POL ICIES D ESCRIBED HEREIN IS SU BJECT TO ALL TH E TER MS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRLTR TYPE OF INSURANCE ADDL

INSR POLICY NUMBERSUBRWVD (MM/DD/YYYY)

POLICY EFF(MM/DD/YYYY)POLICY EXP LIMITS

EACH OCCURRENCEDAMAGE TO RENTEDPREMISES (Ea occurrence)

MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT(Ea accident)

BODILY INJURY (Per person)

BODILY INJURY (Per accident)PROPERTY DAMAGE(Per accident)

EACH OCCURRENCE

AGGREGATE

WC STATU-TORY LIMITS

OTH-ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN’L AGGREGATE LIMIT APPLIES PER:

LOCPOLICYPRO-JECT

ANY AUTO

AUTOMOBILE LIABILITY

ALL OWNED SCHEDULED

HIRED AUTOSNON-OWNED

EXCESS LIABOCCUR

CLAIMS-MADE

DED RETENTION $WORKERS COMPENSATION

UMBRELLA LIAB

Y / NN / A

AND EMPLOYERS’ LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIR ATION DATE T HEREOF, NOTICE WILL BE D ELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD© 1988-2010 ACORD CORPORATION. All rights reserved.

AUTOS AUTOS

AUTOS


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CERTIFICATE OF INSURANCE REQUEST FORM

Date Required:________________________ To: Risk Management / T: (310) 244-4241 / F: (310) 244-6111 / E: [email protected]

From: ________________________ Date: _____________________ # of Pages: ________________________ Production Title: _______________________________ Production Company: ________________________________ Address: ________________________________ ________________________________ ________________________________ Attention: ________________________________ Telephone: ________________________________ Email: ________________________________ Certificate Holder: ________________________________ Address: ________________________________ ________________________________ _______________________________ Attention: ________________________________ Telephone: ________________________________ Email: ________________________________ Fax: ________________________________ Additional Insured: YES NO ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Loss Payee: YES NO Coverage Required:

Standard (GL/AL/Production Package) General Liability (GL) Automobile Liability (AL) Excess / Umbrella Liability $_____________ Workers’ Compensation Production Package

Special Provisions / Wording: Primary Non-Contributory Waiver of Subrogation Cross-Liability Other:________________________________________________________

Distribution:

Certificate Holder Production Company Other: ________________________________________________________

PLEASE FORWARD COPY OF APPLICABLE CONTRACT WITH REQUEST

CERTIFICATE OF INSURANCE USER GUIDE Issuing Certificates of Insurance in 3 Easy Steps

1.) Fill in the “date” and “Certificate Holder” fields.

• The “Date” and “Certificate Holder” fields are highlighted in yellow • Enter the date in date field. • Enter the certificate holder’s name in the smaller, upper box in the

Certificate Holder field. • Enter the certificate holder’s address in the larger, lower box in the

Certificate Holder field. 2.) Saving & Labeling your PDF

• Click on File>Print>Adobe PDF or Click and then... • Label the cert as follows: Vendor Name - <Production Title> (e.g. A

cert issued by the production “Spider-man” to “ABC Rentals” is labeled as ABC Rentals - Spider-Man)

3.) Email all completed certs to the following people:

• Britianey Barnes - [email protected] • Doris Jurado - [email protected] • Juliana Selfridge – [email protected] • Michael Glees - [email protected]

It’s critical to include the “Production Title”, the word “Cert”, and the “Vendor Name” in your subject line when e-mailing us. (e.g. Spider-Man Cert ABC Rentals) This helps us quickly identify, manage, and process the hundreds of certs we receive weekly from Sony’s various productions. You may attach more than one certificate per email. That’s it! You’re done! Now you’re a pro at issuing certs. Be sure to check our FAQs (next page) to help with any questions you may have. Thanks. FAQs (Frequently Asked Questions)

CERTIFICATE OF INSURANCE USER GUIDE Why are you so strict on the formatting? We scan our data through an automated system, via Xerox, that relies on the proper alignment and clarity of text. Your template is set to perfection for this process. Any misalignment or illegible text gets an error reading, thus slowing down our process. Can I fax or mail you my certs? No. We only accept certs in the pdf format. This ensures that each cert is properly aligned with legible text, avoiding any errors our automated data entry system may encounter. Can I combine multiple certs into one PDF? No. Each individual cert must be labeled and attached as a separate pdf. We are unable to process the pdf if we receive multiple certs scanned together and named as a single pdf file. What about non-standard certificates? Please refer to the Contract Review User Guide.

Contract Review Flow Chart *

Sony Agreement 3rd Party Agreement

Without changesand standard

Certificate of Insurance

With changes and/or with a special Certificate of Insurance, requested by Vendor/Grantor

Pre‐approved / pre‐negotiated form

Vendors/Grantors/

Municipalities

Sony Legal ANDRisk Management review, finalize and RM advises who

can issue certificate of insurance

Sony Legal AND Risk Management

confirm and finalize, RM advises who can issue certificate of insurance

Production advises if changes are allowed (municipalities)

Sony Legal AND Risk Management review and submit comments or approve

contract as issuedcertificate of insurance contract as issued

Vendor/Grantor approves changes. RM advises who can issue certificate of insurance

Production sends copy of final executed contract to

Legal and RM


Legal and RMl d


Legal and RM

Color Key GuideProduction okay to proceed with

finalizing contract

Production to hold pending comments from Legal AND RM

Contract Distribution: Legal Department: Show Attorney / Legal RepresentativeRisk Management: Dawn Luehrs, Britianey Barnes, Louise Allen, Linda Zechowy

* More detailed explanation on page 2 of this document (Contract Review User Guide) Page 1 of 2

CONTRACT REVIEW USER GUIDE

ALWAYS REFERENCE VENDOR AND PRODUCTION TITLE IN SUBJECT LINE OF EMAILS TO LEGAL AFFAIRS / RISK MANAGEMENT

• Always give Legal and Risk Management as much lead time as possible to review your agreements. If the contract is time sensitive, please include the date in the subject line by which comments are required.

• All contracts for review must be sent at the same time to the Production Attorney for Legal review, and to Dawn Luehrs, Louise Allen, Britianey Barnes and Linda Zechowy in Risk Management for insurance comments. If a separate list of insurance requirements is provided by the vendor, it must be forwarded to Risk Management along with the agreement.

• There are pre‐negotiated contracts in place with some vendors. Once the contract is submitted to us, we will advise if there is a standard form to use in lieu of what has been submitted.

• Certificates of Insurance required from Risk Management can only be issued after the contract has been reviewed, and approved by the vendor. We cannot issue certificates prior to review of the contract. The exception to the rule is when the cert is required for government agencies and/or film permits.

• No Sony forms can be emailed in “Word” to the vendor. Send as pdf or fax only.

• Contact Jon Corcoran in Safety (310‐244‐4510) for a list of preferred security guard companies, or refer to the Production Safety Website (https://productionsafety.spe.sony.com).

• Please contact Legal and Risk Management regarding all Rail, Helicopter, Aircraft or Marine Use.


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STANDARD INSURANCE REQUIREMENTS FOR INDEPENDENT CONTRACTORS / VENDORS

A Certificate of Insurance is to be sent to Risk Management confirming the following: Commercial General Liability $1,000,000 per occurrence $1,000,000 aggregate Excess / Umbrella Liability $2,000,000 per occurrence $2,000,000 aggregate Automobile Liability $1,000,000 Combined Single Limit (CSL) *Workers’ Compensation Statutory, including a Waiver of Subrogation in favor of Production Company *Employer’s Liability $1,000,000 per occurrence Property/Miscellaneous Equipment Proof of coverage (if Contractor / Vendor is using its own equipment) Fidelity Bond (Employee Dishonesty) $250,000 (If applicable, e.g. security services, cleaning services, etc.) Professional Liability $1,000,000 per occurrence (May be part of CGL Policy) $3,000,000 aggregate Asbestos Abatement/Removal Liability $5,000,000 (If applicable, e.g. if this is a specialized contractor such as an asbestos removal contractor) Specific Language to be included on the Certificate and provided by policy endorsement:

• [Production Company], its Parent(s), Subsidiaries, Licensees, Successors, Related and Affiliated Companies, and their Officers, Directors, Employees, Agents, Representatives and Assigns are included as additional insureds and loss payees as their interests may appear regarding all operations of the named insured with respect to the production entitled “____________________________________” (for all coverages except Workers’ Compensation & Fidelity Bond)

• All of the above-referenced policies are primary and any insurance maintained by the Additional Insureds is non-contributory to any of the Named Insured’s insurance.

• Workers’ Compensation coverage - Waiver of Subrogation in favor of [Production Company], its Parent(s), Subsidiaries, Licensees, Successors, Related and Affiliated Companies, and their Officers, Directors, Employees, Agents Representatives and Assigns.*

NOTE: ENDORSEMENTS INCORPORATING THIS LANGUAGE MUST BE SUPPLIED WITH CERTIFICATE Thirty (30) Days Written Notice of Cancellation Certificate Holder: Production Company 10202 W. Washington Blvd. Culver City, CA 90232 Attention: Risk Management Department *Not required if personnel payrolled by Production Company’s payroll services company ALL OF THE REQUIRED COVERAGE INDICATED ABOVE MUST BE SHOWN ON THE CERTIFICATE OF INSURANCE IN ORDER TO BE APPROVED

MISC EQUIP/PROPSSETS, WARD/3RD PARTYPROP DMG/VEH PHYS DMG

AU 00000000 00/00/00

PRODUCTION COMPANY, ITS PARENT(S), ALL SUBSIDIARIES, LICENSEES, SUCCESSORS, RELATED AND AFFILIATED COMPANIESAND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS ARE INCLUDED AS ADDITIONALINSUREDS AND LOSS PAYEE AS THEIR INTEREST MAY APPEAR REGARDING OPERATIONS OF THE NAMED INSURED WITHRESPECT TO THE PRODUCTION ENTITLED “NAME OF PRODUCTION”. ALL OF THE ABOVE REFERENCED POLICIES ARE PRIMARYAND NON-CONTRIBUTORY TO ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS.

00/00/00

NAME & ADDRESS OFINSURANCE BROKER OR AGENT

PROD 00000000 00/00/0000 00/00/0000 $1,000,000 LIMITB

C

NAME & ADDRESS OFPRODUCTION COMPANY

GL 00000000 00/00/0000 00/00/0000

WC 00000000 00/00/0000 00/00/0000

1,000,000

1,000,000

1,000,000

1,000,0001,000,000

2,000,0001,000,000

10,0001,000,0001,000,000

XX

X

X

X

X

PRODUCTION COMPANY10202 W. WASHINGTON BLVD.CULVER CITY, CA. 90232ATTN: RISK MANAGEMENT310-244-6111

A

NAME OF INSURANCE COMPANYNAME OF INSURANCE COMPANYNAME OF INSURANCE COMPANY

100104

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

IMPORTANT: If the certificate holder is an A DDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED A S A MATTER OF INFORMA TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA TE HOLDER. THISCERTIFICATE DO ES NO T A FFIRMATIVELY OR NEG ATIVELY A MEND, EXTEND O R A LTER THE COVERAGE A FFORDED BY THE PO LICIESBELOW. THIS CERTIFICA TE OF INSURA NCE DOES NOT CONSTITUTE A CONTRA CT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER

INSURED

CONTACTNAMEPHONE(A/C, No, Ext):

FAX(A/C, No):

E-MAILADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGESTHIS IS TO C ERTIFY TH AT THE POL ICIES OF IN SURANCE L ISTED BELOW H AVE BEEN ISSUED TO THE IN SURED N AMED ABOVE FOR TH E POLICY PER IODINDICATED. NOTWITHSTANDING AN Y R EQUIREMENT, TERM OR C ONDITION OF ANY C ONTRACT OR OTHER D OCUMENT W ITH RESPECT TO W HICH THISCERTIFICATE M AY BE ISSUED OR M AY PER TAIN, TH E IN SURANCE AFFOR DED BY TH E POL ICIES D ESCRIBED HEREIN IS SU BJECT TO ALL TH E TER MS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRLTR TYPE OF INSURANCE ADDL

INSR POLICY NUMBERSUBRWVD (MM/DD/YYYY)

POLICY EFF(MM/DD/YYYY)POLICY EXP LIMITS

EACH OCCURRENCEDAMAGE TO RENTEDPREMISES (Ea occurrence)

MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT(Ea accident)

BODILY INJURY (Per person)

BODILY INJURY (Per accident)PROPERTY DAMAGE(Per accident)

EACH OCCURRENCE

AGGREGATE

WC STATU-TORY LIMITS

OTH-ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN’L AGGREGATE LIMIT APPLIES PER:

LOCPOLICYPRO-JECT

ANY AUTO

AUTOMOBILE LIABILITY

ALL OWNED SCHEDULED

HIRED AUTOSNON-OWNED

EXCESS LIABOCCUR

CLAIMS-MADE

DED RETENTION $WORKERS COMPENSATION

UMBRELLA LIAB

Y / NN / A

AND EMPLOYERS’ LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIR ATION DATE T HEREOF, NOTICE WILL BE D ELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD© 1988-2010 ACORD CORPORATION. All rights reserved.

AUTOS AUTOS

AUTOS


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CAST INSURANCE

Cast Insurance covers extra expenses incurred during principal photography due to an insured artist being prevented by death, injury or illness from commencing or continuing work. However, it should be noted that coverage for artists participating in any hazardous activity (including training) or stunt is excluded. Should you wish to pursue coverage options for these activities, contact the Risk Management Department prior to such activity. It is extremely important that the Risk Management Department be advised of the names of artists and their roles as soon as they are known to the production. “Accident Only” coverage is in effect from the date names are submitted by Risk Management to our insurance carrier, until a cast medical form is received and approved by the insurance carrier. Upon underwriter’s acceptance, any losses due to illness are also covered unless specifically excluded. The Risk Management Department cannot and will not make any decision as to which roles are crucial to the production. The Unit Production Manager together with the Producer and Director should determine the roles to be insured at the earliest possible date. Production personnel are responsible for coordinating and arranging appointments for medical exams at the earliest opportunity. (If you did not receive a list of approved physicians with this packet, please contact us.) Completed cast coverage forms are to be faxed directly to Dawn Luehrs and Britianey Barnes in Risk Management at (310) 244-6111. You may also scan and email completed forms to: [email protected] and [email protected]. Note: It is recommended that artists be declared to Risk Management as soon as possible, including those artists whose deals have not yet been finalized.


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TO SECURE CAST INSURANCE COVERAGE FOR FEATURE PRODUCTIONS OVER $35MM

1. Names of all covered persons and their roles are to be submitted to Risk Management as

soon as they are known. Coverage is provided for up to 25 individuals at the standard premium.

2. The top 10 artists, including the Director and Director of Photography, must undergo a cast exam and complete a Medical Certificate & Affidavit form. Exams are also required for any artist you wish to cover who is age 81 or older (in which case production must also complete an Over Age Questionnaire), or under age 5, regardless of significance of role.

3. The remaining 15 artists must complete, sign and date the Affidavit & Authorization form and submit to Risk Management. No exam is required.

4. Forms for artists under age 18 must be signed by a parent or legal guardian.

TO SECURE CAST INSURANCE COVERAGE FOR FEATURES UNDER $35MM / OR MOW PRODUCTIONS OVER $10MM

1. Names of all covered persons and their roles are to be submitted to Risk Management as soon as they are known. Coverage is provided for up to 25 individuals at the standard premium.

2. The top 10 declared artists, including the Director and Director of Photography, must complete, sign and date the Statement of Health & Affidavit form and submit to Risk Management.

3. The remaining 15 artists must complete, sign and date the Affidavit & Authorization form and submit to Risk Management. No exam is required.

4. Exams are required for any artist you wish to cover who is age 81 or older (in which case, production must also complete an Over Age Questionnaire), or under age 5, regardless of significance of role.


TO SECURE CAST INSURANCE FOR TELEVISION PRODUCTIONS / OR MOW PRODUCTIONS UNDER $10MM

1. Names of all covered persons and their roles are to be submitted to Risk Management as

soon as they are known. Coverage is provided for up to 25 individuals at the standard premium.

2. The declared artists, including the Director and Director of Photography, must complete, sign and date the Affidavit & Authorization form and submit to Risk Management.

3. For Television (Presentations, Pilots, Series) and MOW’s only, exams are required for any artist you wish to cover who is age 81 or older (in which case, production must also complete an Over Age Questionnaire), or under age 5, regardless of significance of role. Any artist who falls into one of these categories must be examined and complete a Medical Certificate & Affidavit Form.


It is critical that all questions on the form are answered, that explanations are provided for every “Yes” response on the form, and that the artist’s signature (or parent or legal guardian if under age 18), birth date and the date the form is completed are entered on the form where indicated.


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WHAT TO DO IF AN ARTIST IS ILL OR HAS AN ACCIDENT For studio and local locations, the Production or Unit Manager should immediately advise the Risk Manager, Claims and arrange for a doctor to examine the artist and diagnose the illness or injury. If the artist is being seen by his or her personal physician, inform the Risk Manager, Claims. It is customary for the insurance company to have its’ doctor contact the treating physician. It will be necessary for the artist to give permission to the treating physician to release any information to the insurance company’s doctor. Ensure this is done. The Risk Manager, Claims must be notified as soon as possible of the estimated duration of the disability, whether the company can shoot around the insured artist, and of any special or unique problems that might arise from the claim. The production company should proceed as though no insurance is applicable, using any and all reasonable means to minimize the loss. This can include modifying the shooting schedule, script revisions or building new sets, in order to reduce the loss. The Unit Production Manager should work with the production accountant to calculate the extra expenses incurred in completing photography which are a direct result of the artist’s disability. Submit the proposed claim to the Risk Manager, Claims as soon as possible. BEREAVEMENT COVERAGE Cast insurance includes loss directly resulting from the unavailability of an insured cast member due to the death or catastrophic illness or injury of an immediate family member, whose incapacity or death results from injury or illness which first manifests itself during the term of coverage. Immediate family member is defined as one who bears the following relationship to the insured cast member:

• Mother • Father • Sister • Brother • Spouse • Children • Grandchildren • Grandparents • Stepchildren, Stepmother, Stepfather, Stepsister, Stepbrother • Mother In-Law, Father In-Law • Domestic Partner

The maximum limit of liability is $2,000,000 each loss and aggregate per production.


Page 16

ANIMAL CAST COVERAGE In special circumstances, animals may be insured for cast coverage. As with human performers, cast coverage pays extra expenses incurred by the production due to the inability of insured cast to perform due to illness, injury or death. Please supply the following information in order to secure such coverage:

• Name • Breed • Gender • Age • Value • Veterinary Certificate

FORMS APPLICABLE TO THIS SECTION • Cast Insurance Medical Certificate & Affidavit (to be completed by cast member & examining physician) • Over Age Questionnaire (to be completed for cast members age 81 or over) • Statement of Health (to be completed by cast member) • Affidavit & Authorization (to be completed by cast member) • Cold Sore Questionnaire • Animal Questionnaire

FIREMAN’S FUND INSURANCE COMPANY ENTERTAINMENT DIVISION

OVER AGE QUESTIONNAIRE

Name of Production: _______________________________________________ Name of Artist: _______________________________________________ Additional Information needed: 1) Type of Production? TV and/or FMP? 2) Net insurable costs? 3) Weeks of principal photography? 4) Number of weeks this artist will be filming? 5) Number of hours per day this artist will be filming? 6) Role of artist? How active is role? 7) Can artist be replaced? 7a) Will production company abandon film if artist not replaceable? 8) Nearest medical facility? 9) Location of filming?

10 Universal City Plaza, Suite 2800 Universal City, CA 91608

Tel: (818) 487-6100 * Fax: (818) 487-6172

STAT E MENT OF HE ALTH & AFFIDAVIT

You are either being considered for or have agreed to participate in the above production which Fireman’s Fund Insurance

Company and its insurance company affiliates (hereinafter collectively referred to as “Fireman’s Fund Insurance Company”) has

agreed to insure. So we may better evaluate you and our risk, please answer each question below truthfully and carefully and sign

the acknowledgement below. Please note that nothing within this medical should be construed as granting or providing coverage

under any policy.

We agree that we will not disclose to any third parties (except as may be required for underwriting and claims adjustment purposes

as described below) any information pertaining to your past or present physical or mental condition including, but not limited to,

diagnosis, treatment, or prognosis of any condition or any other proprietary information.

Name Role

� Actor � Director Specify:

Production Name Production Company

Number of Working Days Start Date Completion Date

AFFIDAVIT AND AUTHORIZATION

I DECLARE AND AFFIRM that I am the person named above, that the statements made hereon are true, correct and complete, and that I have

withheld no information known to me which might alter or otherwise conflict with the statements made by me.

I UNDERSTAND that an insurance policy may be issued to the production company based upon these statements made by me. If a policy is issued

and if a claim is paid thereunder, I understand that Fireman’s Fund Insurance Company will seek recoupment from me or my estate if it is thereafter

determined that the statements I made hereon are not true, correct and otherwise complete, or that I have withheld information known to me which

might alter or otherwise conflict with these statements I have made, in which case Fireman’s Fund Insurance Company will hold me or my estate

personally liable and will seek recoupment from me for such payment.

I FURTHER AGREE to cooperate with any claim investigation and to be examined by Fireman’s Fund Insurance Company’s doctors.

I ALSO DECLARE AND AFFIRM that during the period of time for which I am participating in the above production, I will continue to take any med-

ications or follow any course of treatment currently prescribed to me.

I AUTHORIZE any physician, licensed practitioner, hospital, clinic, other medical or medically related facility, insurance or reinsurance company, or

production company having information available as to diagnosis, treatment and prognosis with respect to any physical or mental condition and/or

treatment of me to give to Fireman’s Fund Insurance Company or its legal representative, any and all such information. I understand that the infor-

mation will be used by Fireman’s Fund Insurance Company and its affiliates, agents or brokers for underwriting or claims settlement purposes. I know

that I may request a copy of this authorization. I agree that this authorization shall be valid for a period of two years from the date on which it was

signed. I also consent to the release of any information gathered by Fireman’s Fund Insurance Company to any production company which may be

considering me for a role.

SIGNATURE OF ARTIST_________________________________________________________________________Birthdate_________________Sex_________

Print Artist Name_________________________________________________________________________________Date________________________________

GUARDIAN SIGNATURE/RELATIONSHIP_______________________________________________________________________________________________

Print Name _______________________________________________________________________________________Date________________________________

350340-9-01 Page 1 of 3

Examinee Name

A. Please adivse if you, to the best of your knowledge and belief have ever been diagnosed with or treated for anything related to the following

conditions. Please answer “yes or “no” to each question below and provide full details of any “yes” answers on page 3 (identify the number

of the queston with your answer). PLEASE ANSWER ALL QUESTIONS.:

1. neurological system, including but not limited to convulsions, fainting attacks, paralysis or stroke, severe headaches or disease of the brain or

the nervous system; Yes � No �2. cardiovascular system, including but not limited to high blood pressure, heart attack, chest pain, irregular rhythm, or disorders the circulatory

system; Yes � No �3. respiratory system, including but not limited to tuberculosis, asthma, emphysema, chronic bronchitis, persistent cough, or other disorders of

the lungs; Yes � No �4. gastrointestinal system or digestive tract, including but not limited to ulcer, colitis, or any other disease or abnormality of the stomach,

intestines, rectum, liver, pancreas, gall bladder or hernia; Yes � No �5. disorders of the urinary tract, including but not limited to sugar, albumin, blood or pus in urine, kidney stones, or any other disorder

to the bladder, kidney; or disorders of the genito-urinary system, including but not limited to the reproductive organs or prostate

glands; Yes � No �6. endocrine or metabolic system, including but not limited to diabetes, or any disease or abnormality of the thyroid, pituitary or adrenal

glands; Yes � No �7. muscular-skeletal system, including but not limited to any disease, disorder or injury of the bones, joints (including gout), muscles, back, spine

or neck; Yes � No �8. skin, lymph glands, cyst, tumor or cancer; Yes � No �9. cold sores (if appearing on camera, please list history, medication used and treatment method) Yes � No � If “Yes”, WE WILL

PROVIDE YOU WITH THE FOLLOW-UP QUESTIONNAIRE;

10. eyes, ears, nose or throat; chronic rhinitis, frequent cold or upper respiratory infections, allergies; Yes � No �11. hematology, including but not limited to anemia or any other disorder of the blood; Yes � No �12. mental health conditions including but not limited to depression, phobias, eating disorders, anxiety attacks, substance or alcohol

abuse; Yes � No �13. significant weight loss or gain (with or without medical assistance) other than pregnancy in the last twelve months; Yes � No �

B. Please answer all of the questions below in the space provided (or on Page 3).

1. Do you use controlled (prescribed or illegal) substances of any kind: Yes � No �2. I smoke _____________cigarettes/cigars per day. � I don’t smoke.

3. I drink ___________ alcoholic drinks per day. � I don’t drink.

4. Within the last year (up to the present) I have taken or am taking the following prescription medications (name and dosage), whether

prescribed to me or not: ______________________________________________________________________________________________ or None �5. My last complete physical (other than for Cast Insurance) was: _____________________________________________________ or Never Had One �6. My personal physician is (include city and state and phone number): ______________________________________________________ or None �7. I have been unable to render services in any production due to a medical incapacity on the following occasions (identify each production,

the year(s) and the nature of each incapacity): ____________________________________________________________________ or Does Not Apply �8. Within the last five years, I have been hospitalized and/or confined to a treatment center for the following reasons (list year and length):

____________________________________________________________________________________________________________________ or Does Not Apply �9. I am pregnant now: � YES � NO: Number of Months__________________ Expected Due Date: _____________________________________

Any complications: ____________________________________________________________________________________________________________

10. Within the last 21 days, I have been exposed to the following infectious or contagious disease: ________________________________ or None �11. I am currently performing or scheduled to perform or participate in the following other professional engagements during the period while

I will be rendering services in this production (state names, dates and locations): ____________________________________________ or None �12. During my performance in this production or any production noted in (11.) above, I am expected to participate in the following stunt

activity: _____________________________________________________________________________________________________________ or None �13. During the period of my engagement for the production I have identified on Page 1, it is � unlikely � likely that I will pilot an aircraft or

watercraft, ride a motorcycle, race any type of vehicle or watercraft, or participate in any individual or group sporting , recreational or athletic

activities (describe): __________________________________________________________________________________________________ or None �14. I completed work on my last production on (date): ______________________________________________________________________ or None �15. I have used LSD, heroin, cocaine, or any other narcotic, depressant, stimulant or psychedelic, whether or not prescribed by a physician,

within the last five years: Yes � No �16. Within the last five years, I have been advised to have the following medical procedure(s), which to date I have not done: ________________

_____________________________________________________________________________________________________________________ or None �

350340-9-01 Page 2 of 3

Examinee Name

Please list each question letter/number and your answer. Include all diagnoses, treatments, dates, results, degree of recovery, name(s),

city and phone number of attending physicians, and any other comments you would like to make.

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350340-9-01 Page 3 of 3

Fireman’s Fund Insurance Co. Affidavit & Authorization - TV

______________________________________________________________________________________

AFFIDAVIT AND AUTHORIZATION Name:___________________________________________Birthdate:____________________Sex:______ Role: Actor Director Other (specify):__________________________________ Production Name:____________________________ Production Company:_________________________ Start Date:_______________ Completion Date:_______________ Number of Days Working:_____ 1. I AGREE to cooperate with any claim investigation in the event a claim arises due to my inability to

render services in connection with the above production. 2. I AGREE, if requested by the insurer with respect to a claim which has been made relating to my

services in connection with the above production and with respect to which my medical condition is directly relevant, to be examined by the insurer’s doctors. At my request and not at Fireman’s Fund Insurance Company’s expense my personal physician may attend the examination (but not conduct the examination).

3. I ALSO DECLARE AND AFFIRM that during the period of time for which I am participating in the

above production, I will continue to take any medications or follow any course of treatment currently prescribed to me, subject to any changes made or prescribed by my personal physician.

4. I AUTHORIZE any physician, licensed practitioner, hospital, clinic, other medical or medically related

facility, insurance or reinsurance company, or production company having information available as to diagnosis, treatment and prognosis with respect to any past or present physical or mental condition to give Fireman’s Fund Insurance Company or its legal representatives only such information Fireman’s Fund Insurance Company determines is necessary to investigate a claim or underwrite a known medical condition. I understand that such information will be used by Fireman’s Fund Insurance Company and its affiliates, agents or brokers only for insurance underwriting or claims adjustment purposes and will not be disclosed to any third parties, except as may be required for such purposes, or as may be required by law. I know that I may request a copy of this authorization. I agree that this authorization shall be valid until the above production has been completed or until all claims relating to my services in connection with such production have been settled, whichever is later.

SIGNATURE OF ARTIST:_____________________________ DATE SIGNED:____________________

Print Artist Name:______________________________________ GUARDIAN SIGNATURE:________________________ RELATIONSHIP:______________________

Print Guardian Name:______________________________ GUARDIAN DATE SIGNED:____________

Animal Questionnaire

Animal Questionnaire 7-2003 Page 1 of 2

Type of Animal: Name of Animal: Age: Weight: Value of the animal: Number of years of prior filming experience: Number of days the animal will be filming: Do the owners of the animal require any Insurance? If yes, please explain. If the animal is incapacitated due to illness, injury or death, will the production suffer any down time or additional costs, or will they be able to replace the animal quickly and easily?

Is this animal the hero? Is there a back up animal? If the hero is incapacitated due to illness, injury or death, how much time will it take to get the back up animal ready for filming? Description of the animal activity, including training, filming and stunts: What safety precautions are in place to protect the animals while training and filming and during non-working time: What safety precautions are in place to protect persons and property in the event the animal becomes aggressive? How will the animal be restrained?

Certificate of Health Requirement

A certificate of health/vet cert* signed by a qualified veterinarian that is no more than 60 days old is required if coverage for illness and down time is needed. A certificate of health/vet cert* is___is not____ required for mortality (death) coverage.

Animal Questionnaire

Animal Questionnaire 7-2003 Page 2 of 2

* The veterinary certificate should be signed and dated by the veterinary and is to include the veterinary’s name, address, phone number as well as details of the physical examination including animal’s age, breed, gender, color, markings, physical impairments, unusual conditions or characteristics. Use this space to provide any additional information or to provide answers to questions on page 1:

Page 28

NEGATIVE / FAULTY STOCK INSURANCE NEGATIVE INSURANCE Negative insurance provides coverage for losses sustained directly and solely as a result of loss of, damage to, or destruction of media, including formats in film, sound, videotape, animation work product, software, used in connection therewith, caused by an insured peril. FAULTY STOCK INSURANCE Faulty Stock insurance provides coverage for losses sustained directly and solely as a result of loss or, damage to, or destruction of media, including formats in film, sound, videotape, animation work production, software, used in connection therewith, caused by faulty materials, faulty equipment, faulty editing, faulty development or faulty processing. If a loss occurs, notify the Risk Manager, Claims immediately. Do everything possible to minimize the loss. Provide the Risk Manager, Claims with the information requested on the “Reporting a Negative or Faulty Stock Loss” form as soon as it becomes available. Please note there is no coverage for property lost through “mysterious disappearance” (for instance, shortage of inventory is not covered). FORMS APPLICABLE TO THIS SECTION Reporting a Negative or Faulty Stock Loss


Page 29

REPORTING A NEGATIVE OR FAULTY STOCK LOSS This form must be completed by the production auditor and the location manager and forwarded to Risk Manager, Claims. PRODUCTION NAME:________________________________________________________________ DATE(S) LOSS OCCURRED:__________________________________________________________ NAME OF UNIT PRODUCTION MANAGER:______________________________________________ TELEPHONE:_______________________________________________________________________ EMAIL:_____________________________________________________________________________ AFFECTED SCENES:________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ESTIMATED COST OF LOST PRODUCTION TIME. MUST BE SUBSTANTIATED AT A LATER DATE (SEE PRECEDING SECTION) GROSS: $_____________________________________(INCLUDE COSTS TO RESHOOT) PER DAY:$_____________________________________ IF LOSS WILL REQUIRE FUTURE PHOTOGRAPHY DATES, INDICATE WHEN THESE ARE PLANNED: ____________________________________________________________________________________ IF LOSS WAS DUE TO TECHNICAL FAILURE OF EQUIPMENT, PROVIDE SPECIFICATIONS AS REQUESTED BELOW: TYPE OF EQUIPMENT (CAMERA, VOICE RECORDING, ETC.):________________________________ ____________________________________________________________________________________ MAKE AND MODEL:_____________________________________________________________________ TYPE OF FILM USED:____________________________________________________________________ PROVIDE A DETAILED DESCRIPTION OF HOW THE LOSS OCCURRED: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ CURRENT DATE:______________________________________________



Page 30

EXTRA EXPENSE INSURANCE Extra Expense insurance covers those expenses you necessarily incur (not including loss of profits or earnings), over and above the total cost normally incurred to complete principal photography, in the event of an interruption, postponement or cancellation as a direct result of damage to, or destruction of, property or facilities. Extra Expense insurance also provides coverage for losses resulting from verifiable breakdown or malfunction of generators, cameras, computers used to generate images or control cameras or other equipment used in connection with an insured production. (Errors in machine programming or instructions are not included.) Claims under Extra Expense insurance typically involve covered damage to sets, props, wardrobe, equipment and locations that result in a delay of production. CIVIL AUTHORITY INSURANCE Coverage has been extended to provide protection for loss incurred in the event of the interruption, postponement or cancellation of an insured production as a direct result of the action of a Civil Authority. This coverage applies for a period of up to 7 consecutive days from the date of the action of the Civil Authority, with a limit of liability per production not to exceed $2,000,000. No coverage is provided for any country or jurisdiction subject to trade or economic embargoes. Coverage is also provided for Civil Authority Travel or Transportation Delay as a result of weather, with a $500,000 aggregate sublimit per production. STRIKES Coverage is provided for losses, postponement or cancellation of principal photography caused solely and directly by strikes by any party, union, guild or labor group for which we are not a signatory or directly involved in negotiations, subject to a maximum of $1,000,000 per claim.


Page 31

PROPS, SETS AND WARDROBE INSURANCE

This coverage insures against all risks of direct physical loss or damage to Props, Sets and Wardrobe that are owned by the company, or for which we are liable. With respect to antiques, objects of art, furs, watches, pearls, precious and semiprecious stones, gold, silver, platinum and other precious metals or alloys, including jewelry containing any such items, a separate insurance sublimit per loss of $250,000 applies. If production is planning to use antiques, fine art, etc., valued in excess of this limit, please contact the Risk Management Department prior to use to arrange additional coverage. In the event of a claim, a Property Damage / Loss Report should be completed and submitted to the Risk Manager, Claims. Upon receipt of the initial paperwork, further claim instructions will be given by Risk Management. Please note that there is no coverage for any of the above-mentioned property that is damaged or lost due to a planned stunt sequence, or for property lost through “mysterious disappearance” (for instance, shortage of inventory is not covered). PERSONAL PROPERTY There is no insurance reimbursement available for the personal belongings or personal effects of our employees. ANIMAL MORTALITY This coverage reimburses the owner for the value of the animal should it die during filming. As with cast insurance, two levels of coverage are available. For Accident Only coverage (i.e. covers death due to accident), required documentation prior to use includes:

• Name • Breed • Gender • Age • Value

For full coverage (i.e. covers death due to accident or illness), a Veterinarian Medical Certificate must be submitted in addition to the information listed above. FORMS APPLICABLE TO THIS SECTION Property Damage / Loss Report

PLEASE CIRLCE ONE: PURCHASE? 3rd PARTY RENTAL? EMPLOYEE SPECIALTY BOX RENTAL

POLICE REPORT ATTACHED? YES? OR NO? (PLEASE CIRCLE ONE)

POLICE REPORT #

PROPERTY OWNER

OWNER ADDRESS

CONTACT NAME

OWNER PHONE #

DATE & TIME OF INCIDENT:

WHERE DID THE LOSS OCCUR?

CIRCUMSTANCE OF LOSS:

DESCRIPTION OF PROPERTY (model number, brand, etc.)

VALUE

VALUE

VALUE

VALUE

TOTAL VALUE $0

IF THE PROPERTY WAS DAMAGED IN TRANSIT, WAS ADDITIONAL INSURANCE PURCHASED PRIOR TO SHIPMENT?

BY WHOM?

NAMES AND PHONE NUMBERS OF WITNESSES:

PREPARED BY: DATE PREPARED:

DEPARTMENT / POSITION

DEPT. HEAD UPM

ACCOUNTING PROD ADMN.

ACCOUNTING USE ONLY

VENDOR # POSTING

"PRODUCTION ENTITY""PRODUCTION TITLE"

LOSS AND DAMAGE REPORT

(IF BOX RENTAL, COPY OF FULLY EXECUTED CONTRACT, INVENTORY AND PRICING REQUIRED)


Page 33

MISCELLANEOUS EQUIPMENT INSURANCE

Miscellaneous Equipment insurance provides coverage for all risks of physical loss or damage to all types of equipment, either owned or rented. This includes but is not limited to cameras, camera equipment, sound and lighting equipment, portable electrical equipment, mechanical effects equipment, grip equipment, automobiles and mobile equipment, including loss of use. In the event of a claim, a Property Damage / Loss Report should be completed and submitted to the Risk Manager, Claims. Upon receipt of the initial paperwork, further claim instructions will be provided by the Risk Manager, Claims. Please note that there is no coverage for any of the above-mentioned property that is damaged or lost due to a planned stunt sequence, or for property lost through “mysterious disappearance” (for instance, shortage of inventory is not covered). PERSONAL PROPERTY With the exception of the following Specialty Box Rentals

• Construction Coordinator • Special Effects Supervisor • Steadicam Operator • Sound Mixer • Video Assist Operator • Editing (Avid) • Still Photographer • Stunt Coordinator

there is no insurance reimbursement available for the personal belongings or personal effects of our employees. Before a certificate can be issued, a complete inventory list with associated values must be submitted to the Risk Management Department as well as a copy of the box rental or specialty box rental form. FORMS APPLICABLE TO THIS SECTION Property Damage / Loss Report Specialty Box Rental Form (available from Production Accountant)



POLICE REPORT #

PROPERTY OWNER

OWNER ADDRESS

CONTACT NAME

OWNER PHONE #





VALUE

VALUE

VALUE

VALUE

TOTAL VALUE $0


BY WHOM?




DEPT. HEAD UPM


ACCOUNTING USE ONLY

VENDOR # POSTING




SPECIALTY BOX RENTAL FORM Production Company: ___________________________________________________________________ Production: ` Dept/Position: Construction Coordinator Sound Mixer Still Photographer

Special Effects Supervisor Steadicam Operator Video Assist Operator

Editing (Avids) Stunt Coordinator

Lessor Name: _____________________________________________ Soc. Sec. #:_________________________ Company Name (if applicable): ____________________________________ Fed. ID#: _____________________ Rental Item(s) ________________________________________________________________________________ Box Rental Rates: $ _____________ per day Cap: $ ______________ Commenced on _____________ Inventory attached, # of pages: _______ Total Value of Box: $ _______________________

(Please note Invoices must be submitted weekly and payment will be made through Accounts Payable.)

PRODUCTION COMPANY BOX RENTAL POLICIES

1. Box rental rates are on a daily basis. 2. Box rental agreements must be accompanied by a written Inventory of equipment or payment will not be made.

Please include model numbers and/or serial numbers whenever applicable. Box rental payment(s) cannot be paid until the Production Manager and Production Administration have approved the Inventory list.

3. Lessor hereby represents and warrants that it is the a) sole owner or lessor of the equipment and that the equipment b)

has been and c) will be properly maintained and it is and will be kept in good workable and safe operating condition. Lessor will indemnify and hold the Production Company harmless from any damages, loss, and liability, etc. (including reasonable attorney’s fees) due to Lessor’s negligence or willful misconduct or breach of any representations, warranties and agreements under a) through c).

4. The Production Company will provide commercial general liability and physical damage coverage per the written

inventory list of equipment supplied. Lessor shall be added as an additional insured and/or loss payee as its interests may appear in accordance with this subparagraph. Such insurance does not extend beyond items listed, or for the personal effects or personal property of Lessor including (but not limited to) automobiles.

5. To the extent that Lessor removes the rented equipment from Production Company’s care, custody or control including

but not limited to an overnight basis or during non-filming days, Lessor shall be responsible for insuring the rented equipment during such times.

6. Lessor attests that this agreement represents a true rental of the applicable Box rental item(s) for this production. ACCEPTED AND AGREED TO: Owner /Lessor : _________________________________________ Date: _______________________ UPM: _____________________________ Production Accountant: __________________________ Production Administration Executive: __________________________________________________

lzechowy

New Stamp


Page 36

Third Party Property Damage Insurance covers injury to or destruction of real property of others, including loss of use, while such property is in production’s care, custody or control and is used or to be used in connection with an insured production. For instance, damage to a filming location would fall under this coverage. FORMS APPLICABLE TO THIS SECTION Property Damage / Loss Report

THIRD PARTY PROPERTY DAMAGE



POLICE REPORT #

PROPERTY OWNER

OWNER ADDRESS

CONTACT NAME

OWNER PHONE #





VALUE

VALUE

VALUE

VALUE

TOTAL VALUE $0


BY WHOM?




DEPT. HEAD UPM


ACCOUNTING USE ONLY

VENDOR # POSTING





Page 38

MONEY & SECURITIES

Coverage is provided for loss of money and securities arising from fire, burglary (forced entry) and/or armed robbery. Coverage applies to money and currency, subject to a maximum limit of $250,000, provided the money or currency is:

• In locked safes and vaults secured on our premises and/or locations used as temporary production offices and/or hotel safes.

• In the custody of our approved agents in the course of and while performing their duties as agents.

• On our business premises during the normal hours of business. No coverage is provided for any country or jurisdiction subject to trade or economic embargoes. If production is planning to use money or securities in excess of these limits, please contact the Risk Management Department prior to use to arrange additional coverage.


Page 39

GENERAL LIABILITY INSURANCE

The Company maintains a Commercial General Liability insurance policy. Coverage provided includes bodily injury and property damage, contractual liability, personal injury and other forms of liability coverage. PRIMARY POLICY Our primary policy has limits of $1,000,000 per occurrence and $2,000,000 aggregate. When location agreements are entered into for use of property for filming operations, evidence of liability insurance is often required. Evidence is given through a certificate of insurance. Any written agreement other than our standard Location Agreement must be reviewed and amended as necessary by the Risk Management and Legal Departments prior to signing, per the Contract Review User Guide. Risk Management will email a blank insurance certificate template to production for direct issuance as needed, along with email addresses and fax numbers of any additional personnel who must also receive copies of completed certificates following issuance. Each certificate completed by production must be promptly emailed to the Risk Management Department following issuance. EXCESS LIABILITY The Company maintains Excess Liability insurance with limits of liability in excess of $1,000,000. Evidence of such insurance can be provided by the Risk Management Department upon request. CLAIM INSTRUCTIONS All accidents or incidents where a third party / non-employee is injured or claims to be injured, or where non-owned property damage occurs for which we may be responsible (other than intended damage done by the production company) must be reported as soon as possible to the Risk Manager, Claims. Please refer to the General Liability Accident Reporting Form included in this section.


Page 40

ACCIDENTS INVOLVING DEATH OR LIFE-THREATENING INJURY All serious accidents involving the death and/or life-threatening injury of any person must be reported immediately by phone to the Risk Manager, Claims. Because of the transitory nature of our business, special emphasis must be given to identifying any witnesses to any accident. Promptly record the name, address, phone number and email address of witnesses (including our employees) so that an accurate description of the incident can later be determined. Statements or reports should not be given by production to any third parties. Please notify our Risk Manager, Claims or Sony’s Legal Department prior to making any statements or filing any reports. Statements and reports should only be given to authorized representatives of our company, including our insurance companies and their representatives. Ask for identification prior to granting any statement or interview. Do not sign any document, statement, purchase order or agreement relating to an accident unless it has been reviewed and approved by Sony’s Legal Department. FORMS APPLICABLE TO THIS SECTION General Liability Accident Reporting Form


Page 41

GENERAL LIABILITY ACCIDENT REPORTING FORM Note: This form should be used to report accidents that occur involving the general public and/or damage to equipment or facilities owned by the general public. DO NOT report automobile accidents on this form. DATE OF ACCIDENT: _______________________________ INJURED PARTY: _______________________________ PHONE NO.: _______________________________ EMAIL ADDRESS: _______________________________ MAILING ADDRESS _______________________________ _______________________________ _______________________________ PRODUCTION TITLE: _______________________________ UNIT PRODUCTION MANAGER: _______________________________ WITNESSES ADDRESS PHONE NO. PROVIDE A DESCRIPTION OF HOW THE ACCIDENT OCCURRED. BE SPECIFIC. ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ SIGNED: _________________________________ DATE: ______________________


Page 42

AUTOMOBILE INSURANCE GENERAL • EMPLOYEE OWNED AUTOS

Employees who drive their personal autos for production-related work are not covered under the Company’s auto insurance. If a car allowance is provided to the employee, this payment is meant to contribute to reimbursement of the employee’s work-related expenses such as mileage, wear and tear to the vehicle, and auto insurance expenses incurred by the employee. It is the responsibility of any individual using their own personal vehicles while working on a production to maintain at least statutory liability insurance limits for the state/province in which the vehicles are registered. Also, they should notify their insurance company that the vehicle is being used for business purposes and their personal insurance policies should be endorsed to allow this business use. The Company will not insure personal vehicles used on productions for liability or physical damage. With respect to commercially registered Vehicles used exclusively by Lessee for business purposes during the rental term hereof, Lessee’s insurance coverage will be primary and the Employee Vehicle Rental Agreement must be in effect. However, the Lessor’s coverage will be primary if the commercially registered vehicle is not used exclusively by Lessee during the rental term hereof. In the case of commercially registered Vehicles not used exclusively by Lessee during the rental term hereof, the Lessor should arrange to have adequate insurance for their Vehicle. Any exceptions to this policy must be pre-approved in writing by Production Administration and Studio Risk Management

• TRANSPORTATION CAPTAINS’ VEHICLES

When production rents the Transportation Captain’s and/or Co-Captain’s vehicle, proof of his or her existing insurance and, if applicable, commercial registration must be given to production. An Employee Vehicle Rental Agreement must be completed. Our corporate liability policy is excess over coverage maintained by the Transportation Captain and/or Co-Captain unless the vehicle is commercially registered and will be used exclusively by production during the rental term. Do not issue a certificate of insurance to a Transportation Captain unless you receive approval of the insurance and registration documents from Risk Management.

• PERSONNEL DRIVING TO DISTANT LOCATIONS

Transportation to and from distant locations is provided by the company. No one is allowed to drive his/her own personal vehicle to distant locations.

• RENTING VEHICLES FOR PERSONNEL

Below-the-line production personnel traveling on company business should have vehicles rented in the name of the production entity. Both auto liability and auto physical damage insurance is provided under our production policies. Above-the-line personnel should always rent vehicles in their own name regardless if in-town or out-of-town. Insurance is not provided by the company so this should be taken into consideration at the time of rental.

• VALID DRIVERS LICENSE

All personnel driving vehicles for production-related work must have a valid current driver’s license.

• REPORTING AUTOMOBILE ACCIDENTS

It is the responsibility of the driver to complete an Automobile Loss Notice, and to report any accident to the Risk Manager, Claims.


Page 43

AUTOMOBILE PHYSICAL DAMAGE The Company maintains worldwide insurance coverage on Company owned, hired or leased vehicles protecting against the risks of loss, theft or damage including collision (except when the vehicle is used in (1) racing, (2) stunting and/or (3) chase scenes) for vehicles used in Company-related activities. A vehicle provider may be named as a Loss Payee upon request and be provided with an insurance certificate. All rented, borrowed, loaned or leased vehicles for which you are responsible are covered for physical damage. Deductible: $5,000 per occurrence AUTOMOBILE LIABILITY – UNITED STATES The Company maintains an Automobile Liability insurance policy for all Company owned, hired or leased vehicles used within the scope of business activities. No special Automobile Liability policies need to be purchased unless the business activities occur outside the United States. In those circumstances, please contact the Risk Management Department for further instructions. See below for special instructions regarding Canada. A vehicle provider may be included as an Additional Insured upon request and be provided with an insurance certificate. All auto accidents or incidents resulting in injury and/or damage for which we may be responsible must be reported as soon as possible to the Risk Manager, Claims. Please refer to the Automobile Loss Notice included in this section. Deductible: No deductible applies for Auto Liability Coverage is not automatic for production vehicles involved in racing, chase scenes, stunting or precision driving type activities. Risk Management must be notified in advance of any such scenes. AUTOMOBILE LIABILITY – CANADA Canadian statutes indicate that liability insurance follows the vehicle, except if the vehicle is rented on a long-term basis (over 30 days). It is critical that a clear understanding exists between the automobile vendor, production company, Risk Management and our Canadian broker as to which party is providing liability coverage. To assist with this process, all rental vehicle agreements must be sent to Risk Management PRIOR to signing. PRODUCTION VEHICLES MUST BE RENTED ON A 30 DAY OR LESS “ROLLING” RENEWABLE TERM BY THE PRODUCTION COMPANY IN ORDER FOR OUR LIABILITY COVERAGE TO APPLY. Our liability coverage is excess over the vehicle owner’s liability coverage, unless a different arrangement is negotiated and approved by written contract. Vehicles that you purchase, including picture vehicles, must be insured separately and you must contact us immediately when vehicles are purchased so that we may arrange insurance coverage on your behalf. Responsibility for providing Automobile Liability insurance coverage for leased, rented or borrowed Honeywagons, Winnebagos, equipment trucks, picture cars or other similar vehicles should be clarified with the supplier in advance, as well as identifying the type of rental agreement being entered into: 30-day “rolling” rental that, upon expiry of each 30-day period, may be renewed on the same terms and conditions for subsequent rental periods of 30 days or less Or Long-term rental with term of more than 30 days


Page 44

• ALBERTA, ONTARIO, QUEBEC, NEW BRUNSWICK, NEWFOUNDLAND, NOVA SCOTIA, PRINCE EDWARD ISLAND and the jurisdictions of the NORTHWEST, YUKON & NUNAVUT TERRITORIES No Automobile insurance is provided for licensed or unlicensed vehicles whether used on public roads, closed sets or private property, unless (a) specifically arranged and (b) a separate certificate of insurance is issued.

Responsibility for placing primary Automobile Liability insurance coverage rests with the owner of the vehicle. The insurance must be written in the format prescribed by the Canadian Superintendent of Insurance. No additional wording is permitted by law. When leasing automobiles from standard automobile leasing companies, the leasing company will normally provide the Automobile Liability coverage for you. We recommend you confirm this arrangement with the leasing company in advance. If you are responsible for providing Automobile Liability insurance coverage, you must notify Risk Management in order to secure coverage. If the supplier of the vehicles arranges the insurance, you should make certain that they provide you with proof that such insurance is in place.

• BRITISH COLUMBIA When filming is scheduled to take place in British Columbia, Risk Management must be notified in advance. Primary Automobile Liability coverage is provided through the Insurance Corporation of British Columbia (I.C.B.C.) for all vehicles that originate in British Columbia. Owners of such vehicles will need to purchase an I.C.B.C. Automobile Liability policy with a minimum limit of Cdn $200,000. If vehicles are rented by production from standard auto rental / leasing companies, the owner / lessor of the vehicle will normally provide the I.C.B.C. Automobile Liability coverage for you. We recommend you confirm this arrangement with

the owner / leasing company in advance.

• MANITOBA, SASKATCHEWAN When filming is scheduled to take place in Manitoba or Saskatchewan, Risk Management must be notified in advance.

SPECIAL NOTE APPLICABLE TO ALL PRIVATE PARTY VEHICLE RENTALS (U.S. / CANADA) There is often a misunderstanding about who should be providing Automobile Liability insurance coverage for owners of non-commercial vehicles . These owners often request that production assume all responsibility for insurance, however, state laws govern who is primary. Should the owner be the primary responsible party, they should notify their insurance carrier, as noted below.

When private individuals or companies lease or rent personal vehicles to you, their Automobile Liability insurance becomes invalid unless they have a special endorsement from their insurance company giving them permission to lease the vehicles to you. Payment of a car allowance to individuals does not invalidate their insurance coverage but you should advise the vehicles owners that they should have their insurance policies endorsed to permit this business use. Again, in these cases, our liability coverage will be excess over the vehicle owner’s liability coverage. FORMS APPLICABLE TO THIS SECTION Automobile Loss Report (required for all claims) Loss and Damage Report (required for physical damage claims to our vehicles)

DATE (MM/DD/YYYY)

PHONEAGENCY COMPANY MISCELLANEOUS INFO (Site & location code)NAIC CODE:(A/C, No, Ext):

POLICY NUMBER POLICY TYPE REFERENCE NUMBER CAT #

FAX E-MAIL(A/C, No): ADDRESS:

PREVIOUSLYEFFECTIVE DATE EXPIRATION DATE DATE OF ACCIDENT AND TIMECODE: SUB CODE: REPORTEDAGENCYCUSTOMER ID:

NAME AND ADDRESS NAME AND ADDRESS WHERE TO CONTACTSOC SEC # OR FEIN:

WHEN TO CONTACT

RESIDENCE PHONE (A/C, No) BUSINESS PHONE (A/C, No, Ext) RESIDENCE PHONE (A/C, No) BUSINESS PHONE (A/C, No, Ext)

AUTHORITY VIOLATIONS/CITATIONSLOCATION OF CONTACTED:ACCIDENT(Include city & state) REPORT #:

DESCRIPTION OFACCIDENT(Use separate sheet,if necessary)

BODILY INJURY BODILY INJURY PROPERTY DAMAGE SINGLE LIMIT MEDICAL PAYMENT OTC DEDUCTIBLE OTHER COVERAGE & DEDUCTIBLES(Per Person) (Per Accident) (UM, no-fault, towing, etc)

LOSS PAYEE COLLISION DED

UMBRELLA/LIMITS:CARRIER:EXCESS

BODYVEH # YEAR PLATE NUMBER STATEMAKE: TYPE:

MODEL: V.I.N.:RESIDENCE PHONEOWNER’S (A/C, No):NAME & BUSINESS PHONEADDRESS (A/C, No, Ext):

DRIVER’S NAME RESIDENCE PHONE& ADDRESS (A/C, No):

BUSINESS PHONE(A/C, No, Ext):

RELATION TO INSURED USED WITHDATE OF BIRTH DRIVER’S LICENSE NUMBER STATE(Employee, family, etc.) PERMISSION?PURPOSE

OF USE

ESTIMATE AMOUNT WHEN CAN VEH BE SEEN? OTHER INSURANCE ON VEHICLEWHERE CANDESCRIBE VEHICLEDAMAGE BE SEEN?

COMPANY OROTHER VEH/PROP INS?DESCRIBE PROPERTY AGENCY NAME:(If auto, year, make,model, plate #) POLICY #:

RESIDENCE PHONEOWNER’S (A/C, No):NAME & BUSINESS PHONEADDRESS (A/C, No, Ext):OTHER DRIVER’S RESIDENCE PHONENAME & ADDRESS (A/C, No):

BUSINESS PHONE(A/C, No, Ext):

ESTIMATE AMOUNT WHERE CANDESCRIBE DAMAGEDAMAGE BE SEEN?

INS OTHNAME & ADDRESS PHONE (A/C, No) PED AGE EXTENT OF INJURYVEH VEH

INS OTHNAME & ADDRESS PHONE (A/C, No) OTHER (Specify)VEH VEH

REMARKS (Includeadjuster assigned)

REPORTED BY REPORTED TO SIGNATURE OF INSURED SIGNATURE OF PRODUCER

AM

PM YES NO

CONTACT INSURED

PER SIR/AGGRUMBRELLA EXCESS CLAIM/OCC DED

(Check ifsame as owner)

YES NO

YES NO

(Check ifsame as owner)

YES NO

INSURED CONTACT

LOSS

POLICY INFORMATION

INSURED VEHICLE

PROPERTY DAMAGED VEHICLE?

INJURED

WITNESSES OR PASSENGERS

ACORD 2 (2004/06) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE © ACORD CORPORATION 1988

AUTOMOBILE LOSS NOTICE

DOUGLAS HASTINGS - RISK MANAGEMENT

(310) 244-4235

(310) 244-4235

TOKIO MARINE DOUGLAS HASTINGS

CC: ROBERT PICKARD - LOCKTON

BUSINESSX

11/01/2012 XSUB-CODE

11/01/2013

(310) 244-4235

SONY PICTURES ENTERTAINMENT INC.10202 W WASHINGTON BLVD.CULVER CITY, CA 90232

(646) 572-3921

CA 6404746-02

LOCKTON COMPANIES, INC. 1185 AVENUE OF THE AMERICAS, SUITE 2010 NEW YORK, NY 10036

TOKIO MARINE & NICHIDO FIRE INSUR. PRODUCTION NAME:

20

21


Page 48

All employees are entitled to Workers’ Compensation benefits if the injury or illness arises out of and during the course of their employment. The benefits available are established by law and claims for employees on our payroll are administered by our insurance company. Claims for employees paid by a payroll services company (PSC) are administered by the PSC’s insurance company. If any of these employees are involved in activities involving aircraft, watercraft and/or stunts, the PSC must always be notified prior to such activity in order to avoid any gap in coverage. EMPLOYEES HIRED IN CALIFORNIA A report should be filed by the injured employee with the studio medical department, location nurse, or medic. All injured California hires must be given an Employee’s Claim for Workers’ Compensation Benefits form. EMPLOYEES HIRED OUTSIDE OF CALIFORNIA On location, all local hires receive benefits in accordance with the compensation laws of the state in which they are hired. If the injured employee is paid by a PSC, contact that payroll services company or the studio medical department for instructions and forms PAYMENT OF BENEFITS Workers’ Compensation benefits follow the payroll. Extras, local hires and others paid through a PSC receive their Workers’ Compensation benefits from that payroll services company. If we utilize a PSC to employ the services of any production crew personnel, please make sure the agreement clearly states that the PSC will be responsible for Workers’ Compensation benefits. PREPARATION OF REPORTS If a Studio Nurse is not available to the production company, the first aid person / medic is responsible for completing the necessary reports and forwarding them to the studio medical department. If there is no first aid person, the Unit Production Manager is responsible for completing and forwarding the forms.

WORKERS’ COMPENSATION INSURANCE


Page 49

TRAVEL ACCIDENT (AD&D)

Employees traveling on Company business are covered under a Travel Accident Policy which provides coverage as specified in the governing Union or Guild Bargaining Agreement. The specific dollar amount of coverage and the applicable means of conveyance are contingent upon the terms of the employee’s Union or Guild Agreement INCREASE IN LIMIT OF LIABILITY FOR AIR TRAVEL Many of the Union and Guild Agreements provide for an increased limit of liability for union members flying in an aircraft.

A. The insurance coverage applies only if the employee is flying as a passenger and not as a pilot or member of the flight crew.

B. No employee, while on the payroll of the Company or payroll services company, is allowed to fly as a pilot or as a member of a flight crew unless specifically hired for that duty. Risk Management must be notified in advance if any employee will pilot or perform flight crew duties on an aircraft.

C. Coverage applies anywhere in the world while the aircraft is in use, but only while on Company business.

DESIGNATION OF BENEFICIARY Any death benefit under the Travel Accident Insurance policy will be paid to the beneficiary designated in writing for any Group Life Insurance or Union Plan under which the employee is a coverage participant. No specific action is required of any employee to designate a beneficiary unless the employee is not covered under one of the Life Insurance Plans or unless they desire to name a different beneficiary. If the employee wishes to designate a different beneficiary, a new Beneficiary Designation form should be completed and filed with the Production Accountant. If no beneficiary designation is made, payment will be made to the estate of the insured person. FORMS APPLICABLE TO THIS SECTION Beneficiary Designation Form (Form is also included in the Production Start-Up Package. Check with Production Accountant)


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BENEFICIARY DESIGNATION NOTE: This Beneficiary Designation applies to cast, crew and executive personnel who are traveling to distant locations by private or public transportation for purposes of working on a ___________________________ production. Please forward completed form to the Risk Management Department. DATE:__________________________________________________________________ YOUR NAME:____________________________________________________________ ADDRESS:______________________________________________________________ _______________________________________________________________________ SOCIAL SECURITY NUMBER:______________________________________________ PRODUCTION TITLE:_____________________________________________________ YOUR EMPLOYER:_______________________________________________________ NAME OF BENEFICIARY:__________________________________________________ YOUR RELATIONSHIP TO BENEFICIARY:____________________________________


Page 51

SPECIAL INSURANCE NEEDS There are times when production may require coverage for Aircraft, Watercraft, Railroads, Foreign / International Filming or other risks that are not automatically covered under the existing insurance policies. Arrangements must be made through the Risk Management Department to procure special coverage for these types of risks, usually for an additional premium. Procedures for securing these coverages are outlined further in this section. UNDER NO CIRCUMSTANCES IS THE STANDARD LOCATION AGREEMENT TO BE USED WHEN UTILIZING AIRCRAFT, WATERCRAFT AND/OR TRAINS.


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AIRCRAFT INSURANCE The Company does not maintain a blanket form of aircraft liability insurance that automatically covers each aircraft that we use as a camera or picture ship or for scouting purposes. Each use requires separate notification by the production staff, at least several days in advance of the intended usage, in order for Risk Management to arrange or verify that adequate coverage is in place. Aircraft insurance forms (Aircraft Checklist, Aircraft Lease Agreement – U.S. or foreign, as applicable, Pilot Information Sheet and Aircraft Log) must be completed in every instance and returned to the Risk Management Department at the earliest possible date prior to usage. If the production company is able to choose from several different aircraft suppliers, it is in the production company’s best interest to use a supplier who will add us to their liability & hull insurance policy as Additional Insured and grant a Waiver of Subrogation on the hull coverage. (The supplier may charge a small administrative fee for this and may require production to be responsible for the supplier’s deductible.) Please keep in mind that evidence of a supplier’s coverage in the form of a certificate of insurance and applicable endorsements are required before we can rely on their insurance. If the supplier’s coverage is deficient, the purchase of primary coverage through the Risk Management Department is required, with the applicable premium being charged to the production. APPROVED AIRCRAFT SUPPLIERS At no time is any aircraft to be used unless specific approval is obtained from the Risk Management Department. LOCATION AGREEMENTS Under no circumstances is the standard location agreement to be used to obtain the use of an aircraft. All non-standard agreements should be drafted or approved by the attorney assigned to the specific production as well as by Risk Management.


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PASSENGER CHARTERS You much contact Travel Services (310-244-2317 ) prior to engaging air transportation services from any carrier other than regularly scheduled airlines. AIRCRAFT USE NOTIFICATION Production Call Sheets should note that “An aircraft will be used in today’s filming activities. The aircraft will be flown in close proximity to crew and equipment. Anyone objecting must notify the Production Manager or First Assistant Director prior to filming”. Whenever use of an aircraft involves its being flown at less than 500 feet proximity to property or persons, the Risk Management Department should be notified to ensure that all F.A.A. guidelines are met, including the use of a pilot with an approved F.A.A. Motion Picture Manual and a current “waiver” (to be on file with the Risk Management Department). It has long been a policy of the Company and endorsed very strongly by executive management, that we take extensive precautions to protect the lives of fellow employees, non-employees, and the property of the Company and others against the possible hazards of an aircraft accident. FORMS APPLICABLE TO THIS SECTION Aircraft Requirements Aircraft Lease Agreement Pilot Information Sheet Aircraft Log Aircraft Accident Report


Page 54

AIRCRAFT REQUIREMENTS

We will need:

• Completed Aircraft Lease Agreement – Option A checked • Completed Pilot Information Form • Certificate of Insurance to indicate:

a. Aircraft Liability - $20,000,000 Limit of Liability

b. Evidence of Hull Coverage

c. Waiver of Subrogation on Hull granted in favor of [Production Company

Entity], its parent(s), subsidiaries, licensees, successors, related and affiliated companies, and their officers, directors, employees, agents, representatives & assigns, and any payroll / personnel service company of record (details to be provided by Production Company).

d. Additional Insured language to read: [Production Company Entity], its parent(s), subsidiaries, licensees, successors, related and affiliated companies, and their officers, directors, employees, agents, representatives & assigns and any payroll / personnel service company of record (details to be provided by Production Company) are included as additional insureds as their interests may appear as respects the production “Name of Production”.

e. Certificate holder: [Production Company Entity], 10202 W. Washington Blvd., Culver City, CA 90232

• Policy Endorsements

a. Additional Insured Endorsement b. Primary / Non-Contributory Endorsement c. Waiver of Subrogation Endorsement

• Completed Aircraft Log

Aircraft Lease Agreement March 2011

AIRCRAFT LEASE AGREEMENT Our signatures in the spaces indicated below will confirm the following between you and us in which you __________________________________________(Name & Address) (“Lessor”) have agreed to rent to us _______________________________________________ (Name & Address) (“Lessee”) the aircraft described below during the lease period indicated below for the purpose of photography, transportation or related use(s) in the production of the photoplay or television series presently entitled _________________ (the “production”). AIRCRAFT: The leased aircraft is described as (make, model, serial number): _________________________________ _________________________________________________________________________________________________ Seating capacity (incl. crew members): ________ Max. anticipated no. of passengers aboard: __________ The F.A.A. Registration Number is N- __________. The current agreed market value of this aircraft for insurance purposes is $ _________. PILOT: The pilot of the aircraft during this lease will be ______________________. The type of license(s) held by this pilot is ______________ date of this pilot’s last F.A.A. approved class _________ medical examination is _________. The pilot and any crew member(s) will be an employee(s) of: Check One: Lessor (as independent contractor) Lessee and/or Lessee’s Payroll Services Company Federal Aviation Regulations 91.119 and 91.303 address acrobatic flight and minimum safe altitudes. It shall be the responsibility of the Insuring Party hereunder to confirm that the pilot of the aircraft has an approved Motion Picture and Television Flight Operations Manual and has obtained a current Certificate of Waiver or authorization from the F.A.A. if the use of the aircraft falls under F.A.R. 91.119 and/or 91.303. Pilot has has / has not evidenced compliance with the above by filing with Lessee’s Insurance and Risk Management Department a copy of his Motion Picture and Television Flight Operations Manual and Waiver. SCHEDULE/LOCATION/USE: The period of this lease shall commence effective ________________ (date) at _______________________________________________ (location) and shall continue, subject to all terms and conditions of this agreement, until _________________ (date) at which time the aircraft shall be delivered to Lessor at _______________________________________ (location) and the lease period shall be terminated. Upon reasonable notice, Lessor shall make the aircraft available to Lessee, upon these same terms, for use on subsequent date(s) that may be reasonably necessary to meet Lessee’s production requirements. Lessee shall be given the full unrestricted use of the aircraft to accomplish the necessary transportation, effects and/or film sequences as it requires, subject always to the pilot’s determination of safety, aircraft performance, F.A.A. or N.T.S.B. restrictions or other state or federal requirements. USE: Lessee intends to utilize the aircraft as follows: _______________________________________________________________________________________________ _______________________________________________________________________________________________ at or near the following location(s) ___________________________________________________________________. COMPENSATION: The basis of hire of the leased aircraft is: $ _________________ per day or pro rata thereof $ _________________ per flight hour or pro rata thereof

or

$ _________________ entire period of use required or

$ _________________ other: ______________________ or

All routine maintenance, gas, oil, lubricants, airport charges and miscellaneous fee(s) shall be the expense of: Check One: Lessor Lessee and shall be payable as agreed between the parties or as follows __________________________________________ ______________________________________________________________________________________________.


DAMAGE/INSURANCE/INDEMNITY: With respect to accidental damage to the aircraft or third party claims for alleged bodily injury or property damage, the insuring party shall be: Check One: OPTION A: LESSOR / OWNER PROVIDES INSURANCE

1. Lessor/Owner will maintain Aviation Hull Insurance for the current insurable value of the aircraft, which insurance shall be current and valid for the type of flying and/or use contemplated. Lessor shall have a waiver of subrogation granted to Lessee and any payroll/personnel service company of record by Lessor’s Hull Insurance Company. Lessee agrees to pay or reimburse Lessor for any reasonable separate or special charge(s) made by Lessor’s insurance company for any such waiver of subrogation.

2. Lessor shall maintain a primary policy(ies) of Aviation Liability Insurance with limits of not less than $20,000,000 combined single limit, or any other such limit as determined by Risk Management, covering the risk of third party Bodily Injury, Death, or Property Damage covering the operations contemplated herein. Lessor shall name Lessee, the Indemnitees and any payroll/personnel service company of record as Additional Insureds on Lessor’s policy during the lease period and provide Lessee an acceptable Certificate of Insurance and policy endorsement. Coverage will be primary and any insurance maintained by the Additional Insured’s is non-contributory to any of the Named Insured’s insurance. Lessee agrees to pay any reasonable cost or expense actually charged to, or incurred by Lessor for amending Lessor’s liability policy as required above.

3. Pilot shown on this lease is / is not (check one) a pilot approved by Lessor’s aviation

insurers. OPTION B: LESSEE PROVIDES INSURANCE

1. Lessee will procure and pay the premium for a policy of Aviation Hull Insurance during the lease period covering ground, taxi and flight risks for the current agreed insurable value of the aircraft for the mutual benefit of Lessor and Lessee. All deductibles shall be the responsibility of Lessee.

2. Lessee will purchase a primary policy of Aviation Liability Insurance for the mutual benefit of Lessor and

Lessee insuring risk of third party Bodily Injury, Death or Property Damage with limits of liability of not less than $3,000,000 combined single limit.

HOLD HARMLESS AND INDEMNITY: Lessee agrees to indemnify, defend and hold harmless Lessor, it officers, principals, agents and employees for any losses, claims, damages or expenses for Bodily Injury, Death or Property Damage caused by the negligence or the intentional or willful misconduct of Lessee to the extent that such claims are not covered by the insurance policies specified herein. Lessor agrees to indemnify, defend and hold harmless Lessee, its parent(s), subsidiaries, licensees, successors, related and affiliated companies and their officers, directors, agents, employees, representatives and assigns (the “Indemnitees) as well as any payroll/personnel service company of record for losses, claims, damages and expenses for Bodily Injury, Death or Property Damage caused by the negligence or the intentional or willful misconduct of Lessor to the extent that such claims are not covered by the insurance policies specified herein. Subject to Lessor’s reasonable approval, Lessee has the right to modify the aircraft or apply or remove any insignia or identifying logos, subject to returning the aircraft to Lessor in the same condition as when received, subject to normal wear and tear and insured casualty. PHOTO RELEASE: Lessee shall have the right, but shall not be obligated, to photograph, film and record the aircraft and depict the aircraft, and/or any part or parts thereof, accurately or otherwise, as Lessee may choose, in connection with Lessee’s use hereunder. Lessor acknowledges and agrees that Lessor has no interest in Lessee’s photograph, film or recording of, on, from or about the aircraft, and Lessor hereby grants to Lessee all right in perpetuity throughout the universe in all such photography, films and recordings for all purposes.


OWNER’S WARRANTY: Lessor warrants, represents and agrees (i) that Lessor is the sole legal owner of the aircraft or legally represents the Owner; (ii) that Lessor has the full legal right, power and authority to enter into and fully perform this agreement; (iii) that the aircraft leased hereunder is in first-class operating and airworthy condition and capable of performing the intended use(s) of Lessee as shown herein; and (iv) where Lessor is designated as insuring party, Lessor shall disclose to insurer the contemplated use of the aircraft shown herein. FORCE MAJEURE: If Lessee is prevented from producing photoplay by reason of fire, strike, act of God, the elements or other cause beyond control of the parties, this agreement shall be temporarily suspended during the period of interruption. At the end of this period of interruption, the agreement shall resume as if said interruption had not occurred, except that the lease period will be extended by the length of the interruption. ASSIGNABILITY: This agreement may not be assigned, except with the consent of the parties whose consent will not be unreasonably withheld. CONSEQUENTIAL DAMAGES: Neither party shall be responsible to the other for consequential damages caused by its unintentional breach of this agreement, or due to force majeure or any casualty, accident or act of God. CUMULATIVE RIGHTS: All rights hereunder are cumulative and the pursuit or waiver of one right is not an election to waive any other right. The failure to enforce any provision on any occasion will not be deemed a waiver of that or any other provision on any other occasion. Lessor and Lessee agree to be bound by all terms and conditions included in this agreement which constitutes the sole understanding of the parties.

Lessee: ____________________ Lessor: ______________________ By: _______________________ By: _________________________ Date: ______________________ Date: ________________________ Soc. Sec. Fed. I.D. No: __________

Aircraft Lease Agreement March 2011 – NON U.S.

AIRCRAFT LEASE AGREEMENT – Non-U.S. Our signatures in the spaces indicated below will confirm the following between you and us in which you __________________________________________(Name & Address) (“Lessor”) have agreed to rent to us _______________________________________________ (Name & Address) (“Lessee”) the aircraft described below during the lease period indicated below for the purpose of photography, transportation or related use(s) in the production of the photoplay or television series presently entitled _________________ (the “production”). AIRCRAFT: The leased aircraft is described as (make, model, serial number): _________________________________ _________________________________________________________________________________________________ Seating capacity (incl. crew members): ________ Max. anticipated no. of passengers aboard: __________ The Aircraft Registration Number is __________. The current agreed market value of this aircraft for insurance purposes is $ _________. PILOT: The pilot of the aircraft during this lease will be ______________________. The type of license(s) held by this pilot is ______________ date of this pilot’s last F.A.A.or Non-U.S. equivalent approved class _________ medical examination is _________. The pilot and any crew member(s) will be an employee(s) of: Check One: Lessor (as independent contractor) Lessee and/or Lessee’s Payroll Services Company There may be certain local/national Aviation Regulations addressing acrobatic flight and minimum safe altitudes. It shall be the responsibility of the Insuring Party hereunder to confirm that the pilot of the aircraft has fully complied with any such regulations. Pilot has has / has not evidenced compliance with the above by filing with Lessee’s Insurance and Risk Management Department SCHEDULE/LOCATION/USE: The period of this lease shall commence effective ________________ (date) at _______________________________________________ (location) and shall continue, subject to all terms and conditions of this agreement, until _________________ (date) at which time the aircraft shall be delivered to Lessor at _______________________________________ (location) and the lease period shall be terminated. Upon reasonable notice, Lessor shall make the aircraft available to Lessee, upon these same terms, for use on subsequent date(s) that may be reasonably necessary to meet Lessee’s production requirements. Lessee shall be given the full unrestricted use of the aircraft to accomplish the necessary transportation, effects and/or film sequences as it requires, subject always to the pilot’s determination of safety, aircraft performance, F.A.A. or N.T.S.B. restrictions or their foreign equivalent, as well as any other state, local, federal or national requirements which may be applicable. USE: Lessee intends to utilize the aircraft as follows: _______________________________________________________________________________________________ _______________________________________________________________________________________________ at or near the following location(s) ___________________________________________________________________. COMPENSATION: The basis of hire of the leased aircraft is: $ _________________ per day or pro rata thereof $ _________________ per flight hour or pro rata thereof

or

$ _________________ entire period of use required or

$ _________________ other: ______________________ or

All routine maintenance, gas, oil, lubricants, airport charges and miscellaneous fee(s) shall be the expense of: Check One: Lessor Lessee and shall be payable as agreed between the parties or as follows __________________________________________ ______________________________________________________________________________________________.


DAMAGE/INSURANCE/INDEMNITY: With respect to accidental damage to the aircraft or third party claims for alleged bodily injury or property damage, the insuring party shall be: Check One: OPTION A: LESSOR / OWNER PROVIDES INSURANCE

1. Lessor/Owner will maintain Aviation Hull Insurance for the current insurable value of the aircraft, which insurance shall be current and valid for the type of flying and/or use contemplated. Lessor shall have a waiver of subrogation granted to Lessee and any payroll/personnel service company of record by Lessor’s Hull Insurance Company. Lessee agrees to pay or reimburse Lessor for any reasonable separate or special charge(s) made by Lessor’s insurance company for any such waiver of subrogation.

2. Lessor shall maintain a primary policy(ies) of Aviation Liability Insurance with limits of not less than U.S. $20,000,000 combined single limit, or any other such limit as determined by Risk Management, covering the risk of third party Bodily Injury, Death, or Property Damage covering the operations contemplated herein. Lessor shall name Lessee, the Indemnitees and any payroll/personnel service company of record as Additional Insureds on Lessor’s policy during the lease period and provide Lessee an acceptable Certificate of Insurance and policy endorsement. Coverage will be primary and any insurance maintained by the Additional Insured’s is non-contributory to any of the Named Insured’s insurance. Lessee agrees to pay any reasonable cost or expense actually charged to, or incurred by Lessor for amending Lessor’s liability policy as required above.

3. Pilot shown on this lease is / is not (check one) a pilot approved by Lessor’s aviation

insurers. OPTION B: LESSEE PROVIDES INSURANCE

1. Lessee will procure and pay the premium for a policy of Aviation Hull Insurance during the lease period covering ground, taxi and flight risks for the current agreed insurable value of the aircraft for the mutual benefit of Lessor and Lessee. All deductibles shall be the responsibility of Lessee.

2. Lessee will purchase a primary policy of Aviation Liability Insurance for the mutual benefit of Lessor and

Lessee insuring risk of third party Bodily Injury, Death or Property Damage with limits of liability of not less than U.S. $3,000,000 combined single limit.

HOLD HARMLESS AND INDEMNITY: Lessee agrees to indemnify, defend and hold harmless Lessor, it officers, principals, agents and employees for any losses, claims, damages or expenses for Bodily Injury, Death or Property Damage caused by the negligence or the intentional or willful misconduct of Lessee to the extent that such claims are not covered by the insurance policies specified herein. Lessor agrees to indemnify, defend and hold harmless Lessee, its parent(s), subsidiaries, licensees, successors, related and affiliated companies and their officers, directors, agents, employees, representatives and assigns (the “Indemnitees) as well as any payroll/personnel service company of record for losses, claims, damages and expenses for Bodily Injury, Death or Property Damage caused by the negligence or the intentional or willful misconduct of Lessor to the extent that such claims are not covered by the insurance policies specified herein. Subject to Lessor’s reasonable approval, Lessee has the right to modify the aircraft or apply or remove any insignia or identifying logos, subject to returning the aircraft to Lessor in the same condition as when received, subject to normal wear and tear and insured casualty. PHOTO RELEASE: Lessee shall have the right, but shall not be obligated, to photograph, film and record the aircraft and depict the aircraft, and/or any part or parts thereof, accurately or otherwise, as Lessee may choose, in connection with Lessee’s use hereunder. Lessor acknowledges and agrees that Lessor has no interest in Lessee’s photograph, film or recording of, on, from or about the aircraft, and Lessor hereby grants to Lessee all right in perpetuity throughout the universe in all such photography, films and recordings for all purposes.


OWNER’S WARRANTY: Lessor warrants, represents and agrees (i) that Lessor is the sole legal owner of the aircraft or legally represents the Owner; (ii) that Lessor has the full legal right, power and authority to enter into and fully perform this agreement; (iii) that the aircraft leased hereunder is in first-class operating and airworthy condition and capable of performing the intended use(s) of Lessee as shown herein; and (iv) where Lessor is designated as insuring party, Lessor shall disclose to insurer the contemplated use of the aircraft shown herein. FORCE MAJEURE: If Lessee is prevented from producing photoplay by reason of fire, strike, act of God, the elements or other cause beyond control of the parties, this agreement shall be temporarily suspended during the period of interruption. At the end of this period of interruption, the agreement shall resume as if said interruption had not occurred, except that the lease period will be extended by the length of the interruption. ASSIGNABILITY: This agreement may not be assigned, except with the consent of the parties whose consent will not be unreasonably withheld. CONSEQUENTIAL DAMAGES: Neither party shall be responsible to the other for consequential damages caused by its unintentional breach of this agreement, or due to force majeure or any casualty, accident or act of God. CUMULATIVE RIGHTS: All rights hereunder are cumulative and the pursuit or waiver of one right is not an election to waive any other right. The failure to enforce any provision on any occasion will not be deemed a waiver of that or any other provision on any other occasion. Lessor and Lessee agree to be bound by all terms and conditions included in this agreement which constitutes the sole understanding of the parties.

Lessee: ____________________ Lessor: ______________________ By: _______________________ By: _________________________ Date: ______________________ Date: ________________________ Soc. Sec. Fed. I.D. No: __________

To be filed once only for each use of aircraft of a type not previously flown on this production.

PILOT'S NAME: DOB:NAME OF PRODUCTION:TYPE OF AIRCRAFT:DATE(S) AIRCRAFT WILL BE USED:PILOT'S LICENSE NO: MEDICAL TYPE:

PLEASE CHECK THE APPROPRIATE SPACES BELOW INDICATING YOUR PRESENT CLASSIFICATIONS:

Student Pilot Mechanic Single Engine Land Lighter than AirPrivate Pilot Flight Navigator Single Engine Sea Flgt. Instr. HelicopterCommercial Pilot Flight Radio Operator Multi Engine Land Flgt. Instr. AirplaneAirline Transport Pilot Flight Engineer Multi Engine Sea Instrument

Ground Instructor Helicopter Mechanic, Air FrameGlider Mechanic, Power Plant

Other Other

All models with fixed landing gear:

All models with retractable landing gear:

Total water landings & take-offs:

TOTAL MILITARY Pilot Hours: Single Engine: During Thru (years)Multi-Engine: During Thru (years)

HAVE YOU HAD ANY ACCIDENTS WHILE ACTING AS A PILOT? YES NO

(If "YES", give dates, places, makes, and models of aircraft involved and details of injuries sustained.Attach statement with complete details or use other side.)

HAVE YOU EVER BEEN PENALIZED FOR VIOLATING ANY FLIGHT YES NOREGULATION?

(If "YES", attach statement with complete details or use other side.)

DO YOU HAVE A CURRENT MOTION PICTURE AND TELEVISION YES NOFLIGHT MANUAL ON FILE WITH AND APPROVED BY THE FAA?

Signature:

XXXXXXX XXXXXXX

and Model)

(Show Makeand Model)

Engine LandMutli

Engine Land

(Show Make

This form must be accompanied by copies of license and medicals provided by each pilot.

Rotary Wing

Seaplanes &Amphibians(Show Makeand Model)

12 MonthsSingle

Total Last90 Days

Last12 Months

RATINGSCERTIFICATES

PILOT INFORMATION

HOURS OF PILOT EXPERIENCE - CIVILIAN ONLYInstrument

Last

AIRCRAFT LOG

THIS FORM MUST BE FULLY COMPLETED FOR EACH USE OF AIRCRAFT

NAME OF PRODUCTION: _______________________________________________________

PURPOSE OF FLIGHT: _________________________________________________________(Scout, Picture Craft, Camera Craft, Charter, Etc.)

DATE(S) USED: _________________________ TOTAL HOURS OF USE: ________________

LOCATION(S) WHERE USED: ____________________________________________________(City, State, County, Country)

CHARTER COMPANY: __________________________________________________________

AIRCRAFT: _____________________________ MODEL #: ____________________________

AIRCRAFT VALUE: _______________________ F.A.A. #: _____________________________

# OF SEATS: ____________________________ # OF UTILIZED SEATS: _________________

PILOT NAME: _________________________________________________________________

IS PILOT A PRODUCTION EMPLOYEE? YES NO AN INDEPENDENT CONTRACTOR? YES NO

A GUILD MEMBER? YES NO

NAME OF PERSONS ON BOARD # OF FLIGHTS UNION

_____________________________ _____________ _____________________________

_____________________________ _____________ _____________________________

_____________________________ _____________ _____________________________

_____________________________ _____________ _____________________________

_____________________________ _____________ _____________________________

_____________________________ _____________ _____________________________

Is insurance coverage Primary ( ) or Contingent ( )

If Aircraft Company’s insurance is primary, please state liability limits $_______________ and Hull Limits $_______________.

A certificate of insurance must be attached showing policy limits, additional insured, and waiver of subrogation wording as per the Aircraft Lease Agreement, Option A.

AIRCRAFT ACCIDENT REPORT This form must be completed and signed by the UNIT PRODUCTION MANAGER for any incident involving aircraft damage or bodily injury involving the use of aircraft. Additionally, the Risk Manager, Claims at (310) 244-4235 must be notified IMMEDIATELY of any accident involving the use of owned or non-owned aircraft on production. Please provide still photographs of the damaged aircraft. DATE OF ACCIDENT:__________________________TIME:_________________________ LOCATION OF ACCIDENT: ___________________________________________________ PRODUCTION: ___________________________ SCENE NUMBERS: ________________ TYPE OF AIRCRAFT (MAKE, MODEL): ________________________________________ F.A.A NO.: ___________________________ PILOT’S NAME: _______________________ OWNER OF AIRCRAFT: ______________________________________________________ OWNER’S ADDRESS: ________________________________________________________ TELEPHONE #: ______________________________________________________________ WHERE IS AIRCRAFT CURRENTLY LOCATED?_________________________________ DETAILS: Please provide specific details of the accident in the space shown below. Use the back of this sheet, or a separate page if necessary ____________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ANY DAMAGE TO PROPERTY OTHER THAN AIRCRAFT?_______________________ ____________________________________________________________________________ IF YES, NAME, ADDRESS, AND TELEPHONE NUMBER OF OWNER: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ INJURIES NAME OF INJURED PARTY: _____________________ TELEPHONE #: ______________ ADDRESS:__________________________________________________________________ NATURE OF INJURY:________________________________________________________ OTHER INJURIES? YES _______ NO _______ (CHECK ONE) Place the names, addresses, and telephone numbers of other injured parties on the back of this report. Please submit a copy of agreement used to obtain aircraft. UNIT PRODUCTION MANAGER’S SIGNATURE: _______________________________ DATE: ________________________

lzechowy

Typewritten Text


Page 64

WATERCRAFT INSURANCE

The company does not maintain automatic liability or hull insurance coverage for watercraft. Each vessel we contract to use must be given individual attention with regard to insurance. WATERCRAFT USAGE FORM To aid the Risk Management Department in obtaining the necessary information, a Notice of Intended Watercraft Usage form is to be completed and returned to the Risk Management Department as soon as preliminary details about the vessel are known. LOCATION AGREEMENT Under no circumstances is the standard location agreement to be used to obtain the use of a vessel. Instead, our Marine Time Charterparty Agreement or Bare Boat Charterparty Agreement is to be used. Any alternate agreement must be approved by the attorney assigned to the specific show and the Risk Management Department prior to use. MARINE TIME CHARTERPARTY AGREEMENT This agreement is basically a service agreement wherein the owner (or owner’s legal representative) contracts to supply the boat, the crew and related services as a vessel for hire. Almost without exception, we need camera and crew boats to carry our filming crews and equipment to and from shooting locations on open waters. (Most common example: commercial sports fishing vessels.) Generally, the Marine Time Charterparty Agreement is used for this purpose. Please check the following points when arranging Marine Time Charters:

A. The vessel has on board a current, valid Certificate of Inspection from the U.S. Coast Guard. (Ask to see it)

B. The Captain has a proper license to carry passengers for hire. (Ask to see it)

C. A copy of the fully executed Marine Time Charterparty Agreement must be kept on board the vessel.

D. There is evidence that the vessel is properly maintained, equipped and designed for the use intended. This can be verified by an “on charter” survey.


Page 65

BARE BOAT CHARTERPARTY AGREEMENT A Bare Boat Charter arrangement transfers to the renting party (us) almost all obligations of the vessel owner, including maintenance, legal liability for crew and others, and all obligations for proper licensing and regulation (example: private yacht). The use of the Bare Boat Agreement is the only legal and proper way to obtain the use of private vessels that are not commercially registered to carry passengers for hire. (Film crews are defined by the Coast Guard as passengers for hire.) Please check the following points on Bare Boat Charters:

A. We hire the vessel’s crew and Captain. If the owner of the vessel is the Captain, specify if the Captain is hired as a production employee or as an independent contractor.

B. We provide both Marine Liability Insurance (Protection and Indemnity) and Marine Hull Insurance. (These coverages must be arranged by the Risk Management Department in advance.)

C. The original signed Bare Boat Charterparty Agreement (or a copy) must be kept on board the vessel at all times during the charter period.

D. Depending upon the vessel’s value, an “on charter” and “off charter” survey by our marine surveyor is arranged to document the condition of the vessel and its fitness for use in order that we may avoid claims for damages not caused by our use.

E. Under a valid Bare Boat Charterparty Agreement, we are not legally required to have a licensed Captain or to have the vessel inspected by the Coast Guard. We can carry our employees and equipment without legal problems from the authorities. This arrangement has more potential risks (maintenance, etc.) than a Marine Time Charterparty arrangement; however, it is often the only viable way to obtain a private vessel.

HULL INSURANCE Risk Management will arrange insurance to cover the risk of loss or damage to the hull of the vessel. Each production will be charged a premium for the use of each boat based on the value of the hull and the number of days used. In the event of loss or damage, contact the Risk Manager, Claims. COVERAGE FOR CREW AND EMPLOYEES Production must notify the payroll services company in advance of any watercraft activities and receive written confirmation from the payroll services company that it will cover employees while working on the water. If this coverage is denied, Risk Management may also need to purchase Protection and Indemnity Insurance (Marine Liability) for crew and employees on board each vessel when the boat is used away from the dock area. The length of the boat, number of days used, and number of vessel crew and production employees / cast determine the premium that will be charged to the production company. Submit the appropriate completed form(s) to the Risk Management Department for approval prior to using any vessel. FORMS APPLICABLE TO THIS SECTION Notice of Intended Watercraft Usage Marine Time Charterparty Agreement Bare Boat Charterparty Agreement

Rev: 2-12-13

NOTICE OF INTENDED WATERCRAFT USAGE FORM

The Unit Manager, Location Manager or Marine Coordinator should complete this form and forward it to risk management. If less than three days before anticipated use of watercraft, the information should be provided to risk management by telephone.

Production Name:

Production Company Name & Address:

Date(s) Vessel to be used: Location:

Hull Coverage: YES NO P&I Coverage: YES NO Operating YES NO Dockside YES NO

Limit: $1 MIL $5M $10 MIL

Registry or Documentation No.:

Hull or Engine #:

Year of Vessel:

Length of Vessel:

Beam Width:

Vessel Make & Model: Name of Vessel:

Value:$

Will Vessel travel at speeds greater than 45 mph? YES NO

Where is Vessel docked?

Is this a “Report to Location” deal for use of the vessel? YES NO

How many on board at one time? Film Crew: Vessel Crew:

Name of person who will pilot the vessel:

(1) Who will employ the Master and Vessel Crew?

(2) Who will employ the Production Crew?

(3) If payroll service company, are they providing Workers’ Compensation including USL & H and Jones Act coverage?

(4) Name & Address of payroll service company(ies):

Will Vessel operate under it’s own power during filming: YES NO

Description of how vessel will be used (please be specific):

Vessel’s Legal Owner: Registered Owner (If different):

Address:

Contact:

Phone Number: Email:

Name of Owner or Supplier’s Insurance Broker:

Address:

Contact (Agent):

Phone Number:

Time Charterparty 5/25/11 1 of 3

MARINE TIME CHARTERPARTY AGREEMENT Our signatures indicated below will confirm the following agreement between you and us in which you, (Name and Address) ________________________________________________________________________________________________________(OWNER) have agreed to furnish to ________________________________________________ (hereafter CHARTERER), the vessel known as ____________________________________________ described below during the charter period shown for the purpose of photography, transportation of equipment or personnel, or related use(s) in the production of a photoplay or television series presently entitled ___________________________________________________ (hereafter the “production”). 1. OWNER represents that it is the sole and exclusive owner of the vessel; that it has full right and authority to enter into this

agreement; that there are no claims, agreements, or encumbrances, which would or might interfere with OWNER’s full performance of this agreement.

2. It is of the essence of this Charterparty Agreement, and OWNER warrants that, at the time of delivery and thereafter, the

vessel is and shall remain seaworthy and that the vessel shall accord with its description herein and shall be in every way seaworthy, fit,, sufficiently equipped, manned with proper documentation, licensing and permits as required for the service as described in this agreement.

Vessel: The vessel chartered is described as (manufacturer, model, official number or registry and flag) _________________________________________________________________________________________________________________________________________________________ The physical description of the vessel is: Length _________ Breadth _________ Draft _________ Power Source _________ The current agreed value of this vessel for insurance purpose is $ ____________________. Captain: The Captain of the vessel during this charter will be __________________________. The type of Licenses(s) held by this Captain is ___________________________________. The Captain and any crew member(s) will at all times be employee(s) of OWNER. OWNER shall furnish all wages and expenses of, and discharge all obligations of an employer with respect to, the Captain and Crew in connection with their respective services hereunder. Crew: Estimated maximum number of vessel crew members supplied by OWNER ______________. Estimated maximum number of film production personnel aboard at any one given time ____________.

3. Owner agrees to deliver Vessel to CHARTERER l commencing on (date) ____________ (time) _____________ at location _______________________ and continuing (subject to all terms and conditions of this agreement) through (date) ____________ (time) ______________ at which time the vessel shall be redelivered to OWNER at (location) _____________________________________ and this charter terminated. CHARTERER has the option of extending the duration of the charter of the Vessel upon these same terms for further periods of time of _______ days each, by giving notice in writing to OWNER before expiration of the initial charter period or any extension period. CHARTERER shall be given the full unrestricted and exclusive right to direct use of the vessel to accomplish the necessary transportation, photo/movie effects, and/or film sequences it requires of the Vessel, subject always to the Captain’s reasonable determination of safety, vessel performance, and compliance with Coast Guard restrictions, or other state or federal requirements. OWNER shall comply, at its own expense, with all applicable state and federal laws and regulations, all applicable laws of any foreign country which asserts jurisdiction in the area where the Charterparty is to be performed, and any applicable governments, and all relevant authorities. OWNER shall provide to CHARTERER or its agents, and shall maintain on the vessel at all times, all documentation in respect of its compliance with said laws, regulations, and conventions.

4. The basis of hire of the chartered vessel is: $________________ per day or pro rata thereof or $_____________ flat amount

for entire period of use required or

$_______________ (other) __________________________ .In the event the Vessel breaks down or becomes unable to perform as required herein for any reason, the payment of hire hereunder shall cease for the time thereby lost. If the inability to perform shall continue for a period of 24 hours or more, CHARTERER shall have the right to terminate this agreement by giving OWNER written notice thereof. All routine maintenance, gas, oil, lubricants, dockage charge and miscellaneous fee(s) shall be for the account and at the expense of: (Check one) ____________ OWNER _____________ CHARTERER. All costs and expenses shall be payable as agreed between the parties as follows: ___________________________________________________________________________________________________. Note: If the vessel becomes a total or constructive total loss, this Charterparty Agreement shall be deemed to have been terminated and hire shall cease to be payable as of the date of the total or constructive total loss. Any hire paid in advance shall be adjusted accordingly and refunded in full.

5. (A) OWNER shall procure and maintain for the duration of the charter, at its own cost, the insurance policies described below. Such policies shall name the CHARTERER, its parent(s), subsidiaries, licensees, successors, related and affiliated companies, and their officers, directors, employees, agents, representatives and assigns as additional insureds as their interests may appear as respects __________________________ (Name of Production).


(i) All Risks Hull and Machinery Insurance

(ii)

up to the full value of each and every Vessel provided by the OWNER in connection with the performance of the service. Protection and Indemnity Insurance

(iii)

, in an aggregate amount not less than $5,000,000 per occurrence, covering liabilities insured by OWNER under this Charterparty Agreement. Such policy shall also contain a cross-liability clause and be endorsed also to cover CHARTERER for all liabilities arising out of use of the Vessel as described herein. Vessel Pollution Liability Insurance

(iv)

covering all pollution liability and clean-up expenses, as required by California law and other applicable laws, including but not limited to California’s Lempert-Keene-Seastrand Act, Cal. Gov. Code §§8670.1 – 8670.72. In no event shall the aggregate amount of such insurance coverage be less than $5,000,000 per occurrence. Personnel Insurance

(B) OWNER shall furnish to CHARTERER evidence of insurance in a form acceptable to CHARTERER (certificate of insurance and applicable policy endorsements), and, at CHARTERER’s request, certified copies of such insurance policies shall be provided prior to commencement of the services to be performed.

to cover the employees of OWNER for illness, personal injury or accidental death to the full extent required by all laws applicable if not covered under OWNER’s P&I Insurance.

(C) All OWNER’s policies mentioned above shall be primary and non-contributory and contain: (i) A provision that OWNER’s policies will provide thirty (30) calendar days written notice to CHARTERER of

the cancellation of, non-renewal, or any material change or reduction in coverage to, the insurance cover. Failure to maintain the above referenced insurance coverages continuously, or conform to these provisions, shall be a material breach giving CHARTERER the right to terminate this Agreement; and

(ii) A provision whereby OWNER’s insurers, with respect to the risks assumed by OWNER in this Charterparty Agreement, waive their rights of subrogation against CHARTERER, its parent(s), subsidiaries, licensees, successors, related and affiliated companies and their officers, directors, employees, agents, representatives and assigns as their interests may appear as respects (Name of production).

(D) If the OWNER fails or refuses to obtain, continue or provide CHARTERER with evidence of insurance as and when required, CHARTERER, without prejudice to any of its other right, shall have the right to procure such insurance at OWNER’s expense in which event CHARTERER shall be entitled to deduct any sums so paid by CHARTERER in this regard from any monies due, or which may become due, to the OWNER in addition to any other remedies CHARTERER may have under this Charterparty Agreement.

(E) CHARTERER shall provide evidence satisfactory to OWNER of Commercial General Liability insurance coverage for the mutual benefit of CHARTERER and OWNER with limits of liability of not less than $1,000,000 any one occurrence for the non-maritime business activities hereunder.

(F) CHARTERER or its payroll services company (if applicable) shall maintain throughout the charter period a policy of Workers’ Compensation covering all of its employees while present on or about the chartered vessel.

6. OWNER shall be fully responsible for and shall indemnify, defend and hold harmless CHARTERER, its parent(s),

subsidiaries, licensees, successors, related and affiliated companies and their respective officers, directors, employees, agents, representatives, assigns and underwriters (collectively referred to as “CHARTERER Indemnitees”) from and against all losses, damages, judgements, costs, obligations to indemnify others, charges and expenses whatsoever, even if resulting from the negligence of other legal fault of CHARTERER, arising out of or in connection with: (A) Any illness, injury or death caused by the operation or unseaworthiness of the Vessel or the active or passive

negligence or willful or intentional conduct of OWNER , its employees, agents, or subcontractors; (B) Loss of or damage to any property caused by the operation or unseaworthiness of the Vessel or the active or passive

negligence or willful or intentional conduct of OWNER or its employees, agents or subcontractors; (C) Any illness, injury or death to any of OWNER’s employees or agents or the employees or agents of any of OWNER’s

subcontractors, howsoever caused; (D) Loss of, damage to or loss of use of the Vessel and/or any machinery, equipment and any other property belonging to

or hired by the OWNER or any of the OWNER’s employees, agents or subcontractors; (E) Any pollution emanating from OWNER’s Vessel, however caused; (F) Removal of wreck and/or debris of the Vessel and/or OWNER and its subcontractors’ equipment and/or property as

required by law; and (G) Any and all fines or liabilities resulting from the breach or alleged breach of laws and regulations by OWNER,

regardless of whether or not caused by or contributed to by the negligence in any form, active or passive, of the CHARTERER Indemnities.

7. CHARTERER Indemnities shall be entitled to recover all of their attorneys fees and costs incurred in defending any such

claims, actions or demands and in enforcing their right to indemnity hereunder, including fees and costs incurred in any appeal.

8. CHARTERER has the right to modify the vessel (subject to OWNER’s consent which will not be unreasonably withheld),

paint, apply, or remove any insignia or identifying logos subject to returning the vessel to OWNER in the same condition as when received subject to normal wear and tear and insured casualty.


9. CHARTERER shall have the right but not the obligation to procure an “on charter” and “off charter” survey of the vessel by

a qualified marine surveyor to determine the condition of the vessel and establish the existence and extent of any damage thereon all at the sole cost of CHARTERER. OWNER shall assist CHARTERER to any reasonable extent to accomplish any such survey.

10. Nothing herein stated is to be construed as a demise or bareboat charter to CHARTERER of the Vessel. OWNER shall

remain responsible for the navigation of the Vessel, insurance as provided in paragraph # 5, above, , the Captain and crew (all of whom shall be employed by OWNER and shall be deemed to be OWNER’s servants), and all other matters, the same as when trading for OWNER’S account.

11. If CHARTERER is prevented from producing its photoplay, video, film or production by reason of fire, strike, act of God,

weather or the elements, or any other cause beyond the control of the parties, this agreement shall be temporarily suspended during the period of interruption, with no charter hire earned during the period of interruption. At the end of this period of interruption, the agreement shall resume as if said interruption had not occurred except that the schedule will be extended by the length of the interruption.

12. This agreement may not be assigned except with the written consent of the parties whose consent will not be unreasonably

withheld. Written notices to OWNER shall be given by certified or registered mail or by telegraph, addressed to OWNER at OWNER’S address set forth on page one of this agreement, and written notices to CHARTERER shall be given by certified or registered mail, or by telegraph, marked for the attention of the Law Department at the address of CHARTERER shown herein.

13. Neither party shall be responsible to the other for consequential damages caused by their unintentional breach of this

agreement, or due to force majeure or any casualty, accident or act of God. 14. OWNER waives any right or remedy in equity, including without limitation any right to terminate or rescind this agreement

or any right granted to CHARTERER hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, exhibition or other exploitation of the picture currently entitled ____________________________ or any parts or elements thereof or the use, publication or dissemination of any advertising in connection therewith.

15. This Agreement shall be interpreted and governed by the laws of the General Maritime law of the Unites States of America

and the laws of the State of California in the absence of applicable General Maritime Law of the United States of America. The parties agree that any and all disputes or controversies of any nature between them arising in connection with the Agreement shall be determined by binding arbitration in accordance with the rules of JAMS (or, with the mutual agreement of the parties, ADR Services) before a single neutral arbitrator ("Arbitrator") mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the arbitration service. The Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to any U.S. Federal Court in California with subject matter jurisdiction or a California Superior Court for confirmation and enforcement of the award. In determining any dispute between the parties, the Arbitrator shall first give due regard to the intent of the parties as expressed in the Charterparty Agreement and as reasonably implied therefrom. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

16. CHARTERER shall have the right, but shall not be obligated, to photograph, film and record the vessel and depict the vessel and/or any part or parts thereof, accurately or otherwise, as CHARTERER may choose, in connection with CHARTERER’s use hereunder. OWNER acknowledges and agrees that OWNER has no interest in CHARTERER’s photography, film or recording of, on, from or about the vessel, and OWNER hereby grants to CHARTERER all right in perpetuity throughout the universe in all such photography, films and recordings for all purposes.

OWNER and CHARTERER agree to be bound by all terms and conditions included in this agreement which constitutes the sole understanding of the parties. CHARTERER: ________________________________ BY: ________________________________ DATE: ________________________________

OWNER: ____________________________________ BY: ____________________________________ DATE: ____________________________________

Bare Boat Charterparty 5/25/11 1 of 3

BARE BOAT CHARTERPARTY AGREEMENT

Our signatures indicated below will confirm the following agreement between you and us in which you,

(Name and Address) ___________________________________________________________(OWNER)

have agreed to furnish to ________________________________________ ________ (hereafter

CHARTERER), the vessel known as ____________________________________________ described

below during the charter period shown for the purpose of photography, transportation of equipment or

personnel, or related use(s) in the production of a photoplay or television series presently entitled

___________________________________________________ (hereafter the “PRODUCTION”).

1. OWNER represents that it is the sole and exclusive owner of the vessel named herein; that it has full

right and authority to enter into this agreement; that there are no claims, agreements, or encumbrances,

which would or might interfere with OWNER’S full performance of this agreement.

2. It is of the essence of this Charterparty Agreement, and OWNER warrants that, at the time of delivery

and thereafter, the vessel is and shall remain seaworthy and that the vessel shall accord with its

description herein and shall be in every way seaworthy, fit, and ready with proper documentation,

licensing and permits as required for the service as described in this agreement.

Vessel: The vessel chartered is described as (manufacturer, model, official number or

registry and flag) _________________________________________________________

_______________________________________________________________________

The physical description of the vessel is: Length _______ Breadth ______ Draft _______

Power Source ______ Hull or Engine # ______

The current agreed market value of this vessel for insurance purposes is $____________.

Captain: The Captain of the vessel during this charter will be _____________________.

The type of Licenses(s) held by this Captain is _________________________________.

The Captain and any crew member(s) will be employee(s) of CHARTERER and

therefore the CHARTERER shall pay all wages and expenses of, and discharge all

obligations of an employer with respect to, the Captain and Crew in connection with their

respective services hereunder. OWNER hereby acknowledges and approves of the vessel

Captain named herein.

Crew: Estimated maximum number of vessel crewmembers supplied by (CHARTERER

or Owner)___________. Estimated number of film production personnel aboard at any

one given time not to exceed _______.

3. Owner agrees to deliver Vessel to CHARTERER commencing on (date) ____________ (time) _____________ at

location _______________________ and continuing (subject to all terms and conditions of this agreement)

through (date) ____________ (time) ______________ at which time the vessel shall be redelivered to OWNER at

(location) _____________________________________ and this charter terminated. CHARTERER has the option

of extending the duration of the charter of the Vessel upon these same terms for further periods of time of _______

days each, by giving notice in writing to OWNER before expiration of the initial charter period or any extension

period. CHARTERER shall be given the full unrestricted and exclusive right to use of the vessel to accomplish

the necessary transportation, photo/movie effects, and/or film sequences it requires of the Vessel, subject always

to the Captain’s reasonable determination of safety, vessel performance, and compliance with Coast Guard

restrictions, and/or other state or federal requirements.

4. The basis of hire of the chartered vessel is: $___________ per day or pro rata thereof $________flat

amount entire period of use required. $_______________ (other) ____________ . All routine

maintenance, gas, oil, lubricants, dockage charge and miscellaneous fee(s) shall be the expense of

CHARTERER. All costs and expenses shall be payable as

follows:_____________________________________________________________________

__________________________________________. Note: : If the vessel becomes a total or constructive

total loss, this Charterparty Agreement shall be deemed to have been terminated and hire shall cease to be payable

as of the date of the total or constructive total loss. Any hire paid in advance shall be adjusted accordingly and

refunded in full.


5. With respect to damage to the vessel (excluding normal wear and tear) or third party claims for alleged

bodily injury or property damage, the parties agree as follows:

(A) CHARTERER will procure and maintain Marine Hull Insurance for the current agreed market

value of the vessel as set forth herein, which insurance shall be current and valid for location

and type of use contemplated. Any deductible under such Hull policy arising from loss or

damage due to activities during the term of this Charterparty Agreement shall be for the

account of CHARTERER. CHARTERER will cause OWNER to be named as an additional

insured on said Hull Insurance. CHARTERER hereby waives any right to claim against

OWNER with respect to damage or loss covered by such insurance.

(B) CHARTERER will procure and maintain Protection & Indemnity and/or Marine Liability

Insurance, form SP-38 or better as applicable, with limits of liability not less than $1,000,000

combined single limit covering the risk of third party Bodily Injury, Death or Property

Damage Liability covering the operations of CHARTERER herein. CHARTERER upon

request shall have the interests of OWNER named as additional insured.

(C) CHARTERER will procure and maintain Commercial General Liability Insurance coverage

naming the OWNER as additional insured with limits of liability of not less than $1,000,000

any one occurrence for its non-maritime business activities hereunder.

(D) CHARTERER or its payroll services company will procure and maintain Worker’

Compensation and Employer’s Liability covering all of its employees while present on or

about the chartered vessel.

6. CHARTERER agrees to indemnify, defend and hold harmless the OWNER, its officers, principals,

agents and employees from and against any and all losses, claims, injuries, death, damages or

reasonable attorneys’ expense caused by the CHARTERER arising out of the use of the vessel during

the term of this Agreement, except to the extent any such losses, claims, injuries, death, damages or

reasonable attorneys’ expenses are caused by, contributed to or in any way arise out of the negligence

and/or misconduct of the OWNER, its officers, principals, agents and employees.

7. CHARTERER has the right to modify the vessel, subject to OWNER’s approval, which shall not be

unreasonably delayed or withheld), to paint, apply, or remove any insignia or identifying logos subject

to returning the vessel to OWNER in the same condition as when received subject to normal wear and

tear and/or insured casualty.

8. CHARTERER shall have the right but not the obligation to procure an “on charter” and “off charter”

written survey report of the vessel by a qualified marine surveyor of CHARTERER’s choice to

determine the condition of the vessel and to establish the existence and extent of any damage thereon

all at the sole cost of CHARTERER. OWNER shall assist CHARTERER to any reasonable extent to

accomplish any such survey.

9. If CHARTERER is prevented from producing its Production by reason of fire, strike, act of God or the

elements, or other cause beyond the control of the parties, this agreement shall be temporarily

suspended during the period of interruption. At the end of this period of interruption, the agreement

shall resume as if said interruption had not occurred except that the schedule will be extended by the

length of the interruption.

10. This agreement may not be assigned without the written consent of the parties hereto, whose consent

will not be unreasonably withheld. Written notices to OWNER shall be given by certified or registered mail or

by fax, addressed to OWNER at OWNER’S address set forth on page one of this agreement, and written notices to

CHARTERER shall be given by certified or registered mail, or by fax, marked for the attention of the Law

Department at the address of CHARTERER shown herein.

11. Neither party shall be responsible to the other for consequential damages caused by their unintentional

breach of this agreement, or due to force majeure or any casualty, accident or act of God, or any other

event beyond their reasonable control.


12. OWNER waives any right or remedy in equity, including without limitation any right to terminate or

rescind this agreement or any right granted to CHARTERER hereunder, or to enjoin or restrain or

otherwise impair in any manner the production, distribution, exhibition or other exploitation of the

picture currently entitled ____________________________ or any parts or elements thereof or the

use, publication or dissemination of any advertising in connection therewith.

13. Nothing contained in this Charter shall be deemed to prohibit or deny to OWNER or CHARTERER

the benefit of all limitations of, and exemptions from, liability as to anyone not a party to this

agreement accorded to the owners and bareboat charterers of a vessel by any statute or rule of law for

the time being in force.

14. DISPUTES

Governing Law/Jurisdiction/Arbitration. This Agreement shall be interpreted and governed by the laws

of the General Maritime law of the Unites States of America and the laws of the State of

California in the absence of applicable General Maritime Law of the United States of America.

The parties agree that any and all disputes or controversies of any nature between them arising out

of or in connection with the Agreement shall be determined by binding arbitration in accordance

with the rules of JAMS (or, with the mutual agreement of the parties, ADR Services) before a

single neutral arbitrator ("Arbitrator") mutually agreed upon by the parties. If the parties are

unable to agree on an Arbitrator, the Arbitrator shall be appointed by the arbitration service. The

Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and

may be enforced by a petition to any U.S. Federal Court in California with subject matter

jurisdiction or a California Superior Court for confirmation and enforcement of the award. In

determining any dispute between the parties, the Arbitrator shall first give due regard to the intent

of the parties as expressed in the Charterparty Agreement and as reasonably implied therefrom.

All arbitration proceedings shall be closed to the public and confidential and all records relating

thereto shall be permanently sealed, except as necessary to obtain court confirmation of the

arbitration award.

15. PHOTO RELEASE

CHARTERER shall have the right, but shall not be obligated, to photograph, film and record the vessel

named herein and depict said vessel and/or any part or parts thereof, accurately or otherwise, as

CHARTERER may choose, in connection with CHARTERER’s use hereunder. OWNER acknowledges

and agrees that OWNER has no interest in CHARTERER’s photography, film or recording of, on, from or

about said vessel, and OWNER hereby grants to CHARTERER all right in perpetuity throughout the

universe in all such photography, films and recordings for all purposes.

OWNER and CHARTERER agree to be bound by all terms and conditions included in this agreement

which constitutes the sole understanding of the parties.

CHARTERER: ________________________________

BY: ________________________________

DATE: ________________________________

OWNER: ____________________________________

BY: ____________________________________

DATE: ____________________________________


Page 73

RAILROAD INSURANCE The Company does not maintain automatic insurance coverage for the use of railroad property and/or trains. Each time we use a train, a copy of the contract or location agreement with the Railroad must be submitted to Risk Management to determine if additional or special coverage is required and if any additional insurance premium will be incurred. A minimum of one week is needed in order to obtain an insurance premium quotation. Quotes cannot be obtained without a completed Reporting Requirements from and a copy of the applicable agreement. Therefore, it is very important to get the required information to Risk Management in a timely manner. RAILROAD PROTECTIVE LIABILITY This coverage is generally required when we are in control of the train, and not simply filming a scheduled run. A copy of the contract and the Railroad Protective Liability section of the Reporting Requirements form must be submitted to Risk Management as soon as possible for review. ROLLING STOCK COVERAGE If the Company is required to insure for physical damage or loss to the engine and the railroad cars, a copy of the contract as well as the Rolling Stock Coverage section of the Reporting Requirements form must be completed and returned to Risk Management as soon as possible for review. FORMS APPLICABLE TO THIS SECTION Railroad Protective Liability / Rolling Stock Coverage Reporting Requirements Railroad Protective Liability Application

REPORTING REQUIREMENTS FOR USE OF TRAIN

Name of Production: _______________________________________________________ Production Company:_______________________________________________________

RAILROAD PROTECTIVE LIABILITY 1. Name(s) and address(es) of Railroad/Parties requiring the coverage ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ 2. Dates Railroad will be used by the production ______________________________________________________________________________________________________ 3. Type of Train? (Passenger, Freight, Commuter, Sightseeing, etc.) _____________________________________________________________________________________________________ 4. Power Type? (Diesel, Steam, Coal, Electric, etc.) _____________________________________________________________________________________________________ 5. Who will operate the Train (i.e. production employee, subcontractor, railroad employee, etc.) _____________________________________________________________________________________________________ 6. Description of Activities _____________________________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 7. Attach a Copy of Contract including indemnity agreement

ROLLING STOCK COVERAGE (Insures the train for physical damage)

Name(s) and address(es) of the Owner(s) of the Railroad Cars _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ Dates that the Railroad will be used by the production _____________________________________________________________________________________________________ Type of Train? ( Passenger, Freight, Commuter, Sightseeing, etc.) _____________________________________________________________________________________________________ What Power Type? (Diesel, Steam, Coal, Electric, etc.) _____________________________________________________________________________________________________ Attach a copy of the Contract for rental/lease of railroad engine/locomotive/cars Description & Value of each railroad car and specify if engine, locomotive, passenger car, freight car, etc. _____________________________________________________________________________________________________ ___________________________________________________________________________________________________ Description of Activities (if different than #6 above or if #6 not completed) _____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Confirm that Security Personnel w ill be provided w hile the rolling stock is leased/rented by the production company . ( SEE WARRANTY B BELOW) WARRANTIES: (A) Rolling stock will be operated by Railroad Employees (B) Security Personnel will be provided while the rolling stock is leased/rented by the production company.

LEXINGTON INSURANCE COMPANY RAILROAD PROTECTIVE LIABILITY APPLICATION

1. Named Insured (RR): 2. Address: 3. Name of Contractor: 4. Address: 5. Name of Government Authority. For whom work is being done: 6. Address: 7. Limits of Liability ( ) $2,000,000 CSL per occ./$6,000,000 agg.

( ) $2,000,000 CSL per occ./$2,000,000 agg. ( ) Other (state limits)

8. No. of policies required if more than one Assured: 9. No. of trains

Reg. Per day: Pass. Freight Unsched. Trains passing work site during work hours: Pass. Freight Unsched. Notes:

Explain slow orders in effect. 10. Physical description of work being done:

a) Total cost of construction: b) Cost of work w/I 50 ft.: c) Anticipated start date: d) Anticipated end date: e) If cost involves movement of track, explain.

f) Work done by RR: Flagmen/Supervisor

Other RR Employees Yes No (Explain) g) If blasting near tracks is expected, describe method & exposure.

h) What utility lines are in right of way?

11. Contractors Insurance GL limits:

Umbrella Limits: 12. Attach any indemnification contract between RR & Contr. 13. Attach any additional information. ____________________________ _____________________ Signature Date


Page 76

FOREIGN / INTERNATIONAL INSURANCE Foreign or International insurance is a combination of pre-existing foreign policies and locally-required policies which must be arranged separately. It is critical that Risk Management be notified at the earliest possible date of filming outside of the U.S. IN ORDER TO PROCURE COVERAGE THE UNDERWRITING FORMS MUST BE COMPLETED Securing coverage for international filming requires a great deal of coordination between the production company, Risk Management, our international broker, the local production company and the local broker. Listed below are the guidelines outlining each area of responsibility. Please review these reference sheets. In order to secure coverage, the Foreign Underwriting Forms must be completed and returned to Risk Management prior to work commencing (including pre-production period). These forms are typically completed by the production accountant. Risk Management Responsibilities 1. Establish initial insurance budget for the production and monitor that the budget is not exceeded

(unless due to circumstances beyond Risk Management’s control).

2. Provide local production company with copy of Risk Management manual and make certain that individual(s) responsible for insurance / risk management at local production company understand the contents.

3. Obtain, in a timely manner, completed “Required Underwriting Information for Foreign Productions” questionnaire from local production company and/or production accountant and submit to broker.

4. Coordinate with local broker to make certain that broker meets with local production company and that local general liability insurance and other compulsory local insurance coverage is arranged as necessary.

5. Evaluate quotations received from local broker for local insurance policies.

6. Obtain and evaluate contracts associated with foreign productions and: a. Suggest changes in contract wording where prudent from risk management / insurance

standpoint. b. Establish that insurance in force is in accordance with insurance provisions of contract. c. Direct issuance of certificates of insurance as necessary.

7. Provide specialty expertise, analysis and advice as respects special hazards, i.e. security issues,

environmental impact issues and health/human safety issues.

8. Obtain claims reporting forms from local production company and submit to global broker (Aon and Lockton) as appropriate for filing with insurers.

9. Monitor the progress of claims settlements.

10. Respond to any special needs/requests from the local production company and/or global brokers as necessary.


Page 77

Local Production Company Responsibilities 1. Review completely the Risk Management Manual and bring any questions to the attention of the

Risk Management Department.

2. Provide all information as requested by local broker for any local compulsory and/or usual and customary insurance.

3. Complete “Required Underwriting Information for Foreign Production” questionnaire and forward to the Risk Management Department.

4. Inform the Risk Management and Corporate Safety departments of any special hazards with the production. Local broker may need to be notified as respects local policies.

5. Provide copies of any contracts with insurance and/or indemnity requirements to the Risk Management Department. Provide English translation of pertinent contract sections as necessary.

6. Receive admitted policies from local broker and pay premium invoices promptly. Bring any questions concerning coverage provided under local policies to the attention of the local broker and Risk Management Department. Confirm with local broker that they will provide Risk Management with copies of insurance binders, and, when available, local policies.

7. Report promptly all losses and incidents that they may give rise to a claim to local broker and/or Risk Management department. Provide written claim reports as per instructions in Risk Management Manual.

8. Advise Risk Management Department when twelve or more employees on our payroll (not payroll services company’s payroll) are flying together. This is considered “flight concentration” and the insurance carrier must be notified in advance. Additional premium will be charged.

9. Provide any other data, information and reports as required per Risk Management Manual.

10. Forward any requests for certificates of insurance to local broker (local policies) and Risk Management.

11. Advise local broker and Risk Management Department of any special problems that arise which may increase risks and impact insurance.

12. Follow all specific directives received from the Risk Management Department and Corporate Safety Department. Consult with the Risk Management Department or Corporate Safety Department regarding any situations that are not addressed in the Risk Management or Corporate Safety Manuals.


Page 78

Local Broker Responsibilities 1. Meet with local contact at production company.

2. Inform production company and the Risk Management department of any compulsory local

insurance requirements and any other recommended local insurance. For continuity, wherever possible, all coverage is to be placed with Chartis as long as premium and coverage terms are competitive.

3. Arrange for invoicing and delivery of local underlying Chartis general liability policy.

4. Assist production company in completion of “Required Underwriting Information for Foreign Productions” questionnaire, if necessary.

5. Advise the Risk Management department of unusual exposures inherent to the individual

production.

6. Provide local production company and the Risk Management department with premium quotations including:

• Insurance company

• Policy term

• Policy limits

• Deductible

• Exposure basis

• Any special conditions / exclusions

• Estimated premium

7. Invoice and deliver all local insurance policies to production company.

8. Authorization to bind coverage will be given by the Risk Management department. If, due to

the time difference, circumstances dictate that it is necessary to bind coverage without authorization, please obtain such authorization on the following business day.

9. Provide the Risk Management department with binders, cover notes, policies and premium summaries. 10. Throughout the process, advise the Risk Management department of any problems you foresee

or encounter.


Page 79

Name of Production

Name of Production Company(ies)

Address of Production Office

Contact Name: Telephone No.: Facsimile No.: email Address:

Estimated Dates of Production in Foreign Country

Pre-Production Principal Filming Additional Time beyond Principal

Gross Estimated Cost of Production for the Period of Filming Above:

Overview of Plot:

Specific Details on Stunts, Pyrotechnics, use of Watercraft (complete Notice of Intended Watercraft Usage form on page 52) Aircraft, Trains, Animals, etc.

SONY PICTURES ENTERTAINMENT INC Required Underwriting Information for Foreign Productions

Dated as of _______________________________


Page 80

Workers’ Compensation - U.S. and Third Country Nationals (whose Workers’ Compensation is not provided by a payroll services company) For extensive listing, provide as attachment U.S. Nationals Employee

Citizenship

Job Description

Payroll Amount

Third Country Nationals Employee

Citizenship

Job Description

Payroll Amount

Personal Medical / Accident policy - If required, please complete:

Employee Citizenship Job Description Payroll Amount

Local Nationals Employee

Citizenship

Job Description

Payroll Amount

Autos:

Owned (Details, including make, model, year, vehicle ID#, etc.):

Leased on a Short-Term Basis (number): (i.e. Rental Car Company Provides Primary Insurance)


Page 81

INTERNATIONAL SOS (ISOS) Sony has enhanced its membership agreement with International SOS, a travel assistance organization. ISOS provides Sony employees traveling outside of their country of residence on company business with services designed to help with issues that may arise when away from home. The broad range of services provided includes referrals to ISOS clinics and approved medical providers, medical / security evacuation (must be authorized by Sony executives), repatriation (must be authorized by Sony executives), legal referrals, translations / interpreters, lost document advice and more. Sony employees have access to the ISOS network of security and medical personnel 24-hours-a-day, seven days a week. ISOS contact phone numbers are listed on the following description page. To learn more about ISOS, view their corporate website at www.internationalsos.com. This site specifically offers travelers insight into planning their trips, travel security advice, current warnings & advisories, a daily worldwide brief, local medical advisories and preventative tips. All employees are encouraged to use the site and take advantage of email alerts offered by ISOS. These alerts provide information regarding security and/or medical issues affecting various countries around the world on a daily basis. You can also access medical/security/cultural information about a specific country to which you may be traveling.


Page 84

MEDICAL BENEFITS ABROAD Sony has enhanced its membership agreement with International SOS, a travel assistance organization. The Medical Benefits Abroad program is provided through CIGNA International Expatriate Benefits (CIEB) to provide coverage for accident or illness that occurs while outside your country of residence or permanent assignment. The plan covers reasonable and customary charges associated with the accident or illness according to the norms in the country where care is received. Once treatment has been received, a claim form should be submitted, along with itemized bills and reimbursement instructions. The ID card along with all contact information is attached.

Phone: 302- 797 - 3535 800-243-1348 (US & Canada Only)

Fax: 302-797-3150800- 243 - 6998 (US & Canada Only)ATT Access Code + 800- 243 - 6998

Fax Claims to: 302-797-3150 or ATT access code + 800-243-6998Mail Claims to: CIGNA International

P.O. Box 15111, Wilmington, DE 19850-5111 USACourier: 590 Naamans Road

Claymont, DE 19703 USA

Medical Benefits Abroad (MBA)

CIGNA International provides 24-hour Customer Service, US Hospital pre -certification and Global HealthCare Management Services.

Policy No: 02428AEmployer: Sony Pictures Entertainment

Website: www.cigna.com/expatriates

US Provider: Electronic claims Payor ID #62308All benefits are subject to verification of eligibility, definit ions, exclusions and contract limitations. Card possession does not certify eligibility of benefits.For worldwide hospital and physician services contact CIGNA International Customer Service (refer to front of ID Card).CIGNA International Preferred Care Network in the United States:

For Out of Area Usage Only:

PHCS MD PLAN

CARE TYPE

PPO

CIGNA HealthCare


Page 86

CLAIMS All losses, thefts, accidents, illnesses, etc. should be reported to the Risk Manager, Claims as soon as possible. Even if you are not sure a loss would be covered, please advise the Risk Manager, Claims. We will then determine whether it should be submitted to our insurance carrier. Sample standard claim forms are provided throughout this manual. Copies of these forms can be obtained from the Risk Manager, Claims. Please do not discuss details of any claim or accident with anyone other than Company Management, Legal or Risk Management unless instructed by any of the above to do so. Any person requesting information should be referred to one of these departments. Please report all claims to Douglas Hastings at 310-244-4235, [email protected], including claims pertaining to:

• All production claims • Automobile Accidents • General Liability (injuries to third parties)

Please be sure to include the production title in any and all correspondence.

mailto:[email protected]�


Page 87

SAFETY

SPE Corporate Safety and Environmental Affairs implements a safety program on

each production. Services offered by Corporate Safety and Environmental Affairs

include:

• Occupational Safety Compliance

• Environmental Compliance

• Safety Training

• Safety Equipment

• Hazardous Waste Management

• Environmental Permits

An introductory package, including safety manuals, is sent to each production

coordinator, once the production office has opened. If you have not received this

package, please contact one of the following

Jon Corcoran: Phone: (310) 244-4510

Email: [email protected]

John Clements: Phone: (310) 244-4458


Rick Larson: Phone: (310) 244-7477


Javier Huizar Phone: (310) 244-4505


Jason Kawa Phone: (212) 833-5653


RISK MANAGEMENT MANUAL - WikiLeaks...Risk Management Manual 1/13 Page 2 CANADIAN CERTIFICATES When filming in Canada, it is generally necessary to issue two (2) separate certificates

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