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GFS Services Questionnaire

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Please complete this form if you wish to order a GFS Risk Assessment or request a quote for other GFS services, such as COVID-19 services, Risk Management Plans, OverWatch or the deployment of Risk Management Consultants

A GFS Risk Assessment is a comprehensive analysis of production's risks caused the environment in which it intends to operate, and the activities it intends to undertake.
The GFS Risk Assessment will include recommendation to reduce the risks to the production, and will be accompanied by a Producer's Response Form. On return of the Producer's Response Form, GFS will issue a Risk Assessment Certificate, confirming the production has completed a risk assessment, which can be shared with various stakeholders. 

GFS also provides Risk Management Plans, which are the natural progression from assessing risks, to implementing the measures required to manage those risks. 

OverWatch is GFS' global operations room, which monitors events worldwide. It also maintains the ability to monitor the wellbeing of your crew on location, and provide them with direct support to assist with their risk management. 

GFS Risk Management Consultants possess a variety of skill sets and extensive experience in managing risks. They are available worldwide and GFS matches their risk management capabilities to the risks faced by the production. 
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GENERAL TERMS AND CONDITIONS OF TRADE


DEFINITIONS

Certificate of Risk Assessment means an industry recognized Certificate of Risk Assessment and Licence as evidence of the assessment of risk for the Production.

Client refers to the company or individual engaging the Contractor for the provision of information, outputs or services.  The term client also includes prospective clients for whom the Contractor provides any output.

Contractor For the purposes of these general terms and conditions Contractor means either GFS Risk Limited (“GFS” or “GFS Risk”) and shall include any successors or assigns of this company, any person or entity acting on behalf of the company or with the permission or authority of such company.

Contract for Services – a contract incorporating Deal Terms and General Terms and Conditions, which is entered into between a Client and the Contractor for the provision of Services.

Estimate means a non-binding statement in writing of the approximate cost or price of goods or services to be provided by the Contractor to the Client.

Fee means the price payable for the Services as agreed between the Contractor and the Client in accordance with theses general terms and conditions.

General Terms and Conditions means the terms and conditions of trade set out below.

Invoice means the list of goods and services which have been provided by the Contractor to the Client

Key Deal Terms means the contract terms which are specific to the individual contract entered into between the Contractor and each Client and which are agreed to by the Parties.

Network refers to the company or entity who purchases and/or distributes a Production.

Order Confirmation means the draft quote issued by the Contractor before a Contract for Services is entered into.

OverWatch is the trading style under which GFS Risk provides a variety of its  risk management Services, including but not limited to geopolitical analysis and the tracking and monitoring of individuals.

Party or Parties means the parties to this General Terms and Conditions of Trade and their respective successors or assigns.

Production means the creative development of a film or media program.

Production Company refers to the company or entity which is responsible for creating the Production.

Quote means a statement in writing of the cost or price of goods and services to be provided by the Contractor to the Client.

Risk Assessment means the report which may be provided by the Contractor to a Client, which identifies hazards and provides recommendations and next steps to assist the Client in the implementation of appropriate risk mitigation.

Services shall mean all risk management services provided or supplied by the Contractor to the Client and includes without limitation any risk assessments, consultancy, reporting, monitoring, security, safety or medical deployments and the provision of production services. It does not include professional services which are supplied by the Contractor subject to specific terms and conditions provided at the time of order and which expressly exclude the general terms and conditions.

User refers to a person in receipt of GFS Risk OverWatch Services, and is usually an employee or representative of the Client.

TERMS

Application

These General Terms and Conditions apply to instructions provided by the Client to the Contractor and to all contracts for the supply of Services which are entered into by the Client and the Contractor.

If a Client consists of more than one individual, these terms and conditions bind them all jointly and severally.

The Contractor’s relationship with any Client is that of an independent contractor, and nothing in any contract for the provision of Services shall be deemed to create any joint venture, partnership or employment relationship between the Parties.

Services

The Contractor provides a range of risk services which are subject to these General Terms and Conditions, including but not limited to, risk assessments, geopolitical analysis, tracking and monitoring of individuals, and placement of on location security, safety or medical consultants.

Acceptance of terms

Any engagement with the Contractor for Services shall constitute acceptance of these General Terms and Conditions by the Client.

By engaging with the Contractor, the Client acknowledges that it has read and understands the General Terms and Conditions and agrees to be bound by the obligations created.

Variation of terms

The Contractor reserves the right to change the General Terms and Conditions reasonably from time to time to reflect changes in law, business practice or the introduction of new services or products. Subject to their prior acceptance by Client (which shall be given or not at Client’s sole discretion), the provision of any new Services on new Key Deal Terms will thereafter be on the revised terms and conditions.

The terms of any offer of Services may be varied by written agreement of the Parties and in particular the Parties shall discuss in good faith amendments to terms proposed by Contractor, in the event that circumstances arise which are unforeseen and which increase the cost to the Contractor of providing the Services (whether of the clients making or that of a third party).

Fees

The Contractor charges Fees for its Services.

The Fee is based upon the specific Services which the Contractor agrees to provide to the Client.

The Fee will be set out in written confirmations of orders, formal quotations, or in personalized Key Deal Terms, and shall be provided by the Contractor to the Client in respect the specific Services to be provided.

Quoted fees

A Quoted Fee will be valid for the period of time stated on the Quote and will not change provided that the Client accepts the Quote in writing within the stated acceptance period.

Estimates

An Estimate will be an approximated cost or price for the Services to be provided by the Contractor to the Client.

If it becomes apparent that the costs are likely to exceed the estimate by more than 10% the Contractor will advise the Client as soon as possible and provide a revised estimate of costs.

Installments

Where Services to be provided are of an ongoing nature, the Contractor may require the Fee to be paid in installments or in accordance with the terms of an agreed payment schedule.

Tax

Where relevant, GST and any other taxes and duties that may apply will be added to the Fee unless expressly included in the Fee.

Expenses/Disbursements

Subject to pre-approval in writing with the Client, the Contractor reserves the right to incur and charge for reasonable expenses and/or disbursements which were not initially quoted for, but which have arisen in the provision of the Service.

Charges for security, safety and medical consultants

The Fee for any security, safety or medical consultants deployed by the Contractor as part of the Services:

 
  • will be charged to the Client at a prevailing daily rate or at a full deployment rate set by the Contractor and accepted by the Client; and
  • shall take into account the level of expertise and experience of the consultant.

The Contractor will recommend that any security, safety or medical consultant who is deployed holds a certain and recognized level of expertise, which reflects the level of risk the Contractor attributes to the location of the deployment and/or the activities being undertaken.

The Contractor retains the right to refuse to provide a consultant in any circumstances where the level of expertise of the consultant being requested by the Client is, in the opinion of the Contractor, not commensurate with the level of risk which will be faced on location, or in any other circumstance where the Contractor believes that the risk cannot be adequately mitigated and managed.

The Fee for the deployment of any contractor will be disclosed in a written Order Confirmation or Quote provided to the Client.

Mobilization Fee

A mobilization fee is applied to each deployment of a consultant.  GFS Risk consultants are supported by the OverWatch operations room, which provides them with up to date situational awareness and operational command, control and communications.

Invoices and payment terms

Except as specifically agreed otherwise all orders for Services will be invoiced at the time that they are first dispatched or supplied.

Where it has been agreed that the Fee will be payable by installments, invoices for each instalment will be provided at the times set out in the personalized Key Deal Terms.

All invoices must be paid within the time period agreed between the Contractor and the Client.

Invoices provided by the Contractor will state the time periods for payment. This will usually be within seven (7) days of the date of issue of a single Invoice. Where payments are to be made by installments then each instalment invoice must usually be paid on the date of issue.

Payments will be made as agreed between the Contactor and the Client but shall not be deemed to be received unless and until the payment is received as cleared funds, deposited into an account nominated by the Contractor and referred to in the Invoice and Key
Deal Terms.

Bank wire charges are to be paid by the payer.

Default on payment

Where the Client fails to pay any amount as due to the Contractor by the due date for payment, the Contractor will be entitled at its sole discretion to:

 
  • charge the Client penalty interest of two (2)% per month from the due date.  Penalty interest will accrue daily and shall compound monthly at such rate;
  • suspend or cancel the continued provision of all Services to the Client; and
  • withhold performance of obligations under any other contract of Services until the default is remedied, without incurring liability for any damages or loss sustained by the Client as a result.

If the Client defaults in payment of any invoice due the Client shall pay all costs and disbursements incurred by the Contractor in pursuing the debt, including legal costs on a solicitor and own client basis and any collection costs incurred by the Contractor.

Credit

Provided, and subject to Network approval, where the Contractor provides Services to the reasonable satisfaction of the Client it will be entitled to receive an on-screen credit on all copies of the Production (placement at the sole discretion of the Client) to read as: “Risk Management – GFS Risk Ltd”.  The Client shall use its reasonable endeavours to ensure that the distributors and/or broadcasters of the Production accord the Contractor a like credit.

Confidentiality

Neither Party will during or after the termination of a contract for the provision of Services disclose information, processes, costs or secrets relating to any of the business or affairs of the other, including the contents of any such Contract for Services, or the Production which may come to that Party’s knowledge except for the purposes of obtaining legal, financial or business advice from any professional adviser. 

Notwithstanding the above and subject to approval in writing, either Party may issue personal publicity or promotional material which incidentally
mentions the Production or makes incidental reference to the Production in an interview provided that such reference is of a non-confidential nature and does not mention the Production or personnel engaged in the same or the other Party in an unfavorable or derogatory manner.

Insurance

When entering into a contract for the provision of deployment of security, safety or medical personnel the Contractor shall be responsible for any loss of or damage to Client’s property and any other property in the sole care of
the Contractor or its personnel during or in connection with the provision of the said Services. This shall include the individual belongings of any deployed personnel, unless such loss or damage is caused through the negligent actions of the Client, its personnel or its contracted agents. 

The Client shall have no liability to the Contractor, its subcontractors or any third parties for any loss of or damage to any property during or in conjunction with the provision of the said Services.

Where necessary to the Services being provided under contract to a Client, the Contractor will hold appropriate insurance policies. Copies of such policies will be made available to the Client on request.

Client property

The Contractor shall not use the property of the Client or the Production for any purpose except for those purposes authorized by the Client.



Cancellation / Termination

In respect of any contract to which these terms and conditions apply, the Client shall be entitled by written notice to the Contractor to terminate the contract in any of the following events:

 
  1. if the Contractor fails, refuses or neglects to perform its services or is otherwise in breach of any material obligation in the Contract and fails to remedy the same within seven (7) days of notice thereof from the Client; or
  2. for whatever reason upon providing the Contractor with one (1) months prior notice.

Notwithstanding the above, the Client will be obliged to pay any Fees due to the Contractor and any expenses (if any) incurred by the Contractor in performing its services up until the date of termination of the Contract.

Assignments

The Contractor shall be entitled to assign any contract for the provision of Services with the Client in whole or in part to any third party.  If the Contractor assigns its interest it shall, to the extent that it has assigned its interest, shall be relieved of all liabilities and obligations under this Contract PROVIDED THAT the assignee has entered into a covenant to observe, perform, fulfill and keep all and every covenant and condition on the part of the Contractor contained in the said Contract and has also covenanted not to further assign the said Contract without first securing a similar covenant from the successive assignee.  If no such covenant has been secured by the Contractor, then the Contractor shall remain secondarily liable for all the liabilities and obligations as owed to the Contractor under this Contract.

The Client shall not be entitled to assign or sublicense any rights under these General Terms and Conditions and any contract for the provision of Services to which they apply, without the written consent of the Contractor.

Sub - Contractors

The Contractor may engage subcontractors to meet any of the Contractor’s responsibilities under any contract entered into for the provision of Services, provided that such subcontractors have been selected with due care by the Contractor.

The Contractor will remain liable for ensuring that all of the responsibilities in any contract for the provision of Services are met and is responsible for all obligations to any subcontractors it hires to perform any Services.

Intellectual property/Copyright

Where the Contractor has designed, drafted or supplied written works for the Client, such as Risk Assessments, then the copyright in those works and documents shall remain vested in the Contractor and shall only be used by the Client. The Client shall not distribute or sell any works or documents to any third party as supplied by the Contractor without the written consent of the Contractor.

The licensing of any Risk Assessment or any other plan or report is for the exclusive use of the Client and for the Production in the specified locations for the Production activities.

Validity of Risk Assessments

Where the Contractor provides a Risk Assessment as part of the Services it is acknowledged that the Risk Assessment will only become licensed to be used by the Client upon completion of both the following events:
  • The Clients completion and submission of an accompanying Risk Assessment Response Form, and
  • The Contractors receipt of payment for the Risk Assessment Service from the Client.

It is the sole decision of the Client to implement any of the recommendations in the Risk Assessment.

Risk Assessment Certificate of Compliance

The Certificate of Risk Assessment certifies that the Client has completed  the ASSESS stage of the risk management process and will be provided once the Client has paid for the Risk Assessment and submitted the Risk Assessment Response form.  The Client is licensed to utilize the Risk Assessment for the Licence Validity Period noted on the Certificate. When providing risk assessment services, the Contractor reserves the right not to issue a Certificate of Compliance to the Client until full payment is received for the Risk Assessment. 

Obligation on Client to notify Contractor of changes

The Services supplied by the Contractor are developed and provided on the basis of material and information provided by the Client. Should any material changes be made to the Production information supplied to the Contractor, it is the responsibility of the Client to notify the Contractor of these changes, as it may require an adjustment to the Services and the documentation and recommendations provided. The Client should notify the Contractor of any changes of circumstance with respect to the Production as soon as reasonably practicable in order to ensure or restore the validity of the Services.

The Services will not cover any elements or outcomes which result either directly or indirectly from material changes that have not been notified to the Contractor.

OverWatch Services – conditions of use

Static geopolitical country reports are valid at the time of publication.
 
OverWatch collects tracking data from Users.

The tracking services provided by OverWatch use third party applications to track Users. GFS Risk will require Users to install third party applications on their smart devices or satellite phones in order to access these services.

Tracking services rely on the location and accuracy of the internal GPS on the smart device/satellite phone of the User.

OverWatch does not guarantee that it will be aware of all incidents or events that may impact Users.

To the fullest extent permitted by Law OverWatch will not be liable for the decisions made by Clients and Users which is based on the information or advice it has provided.

Obligations of OverWatch Clients and Users

When using OverWatch tracking services the Client accepts that it is the responsibility of the User to:
  • Remain in possession of their device at all times,
  • Have a reliable data connection,
  • Ensure the tracking application is operational,
  • Ensure devices have sufficient power to operate at all times,
  • Respond to any status requests when requested to do so.
  • Inform GFS Risk of any change to a mobile or cell number during the contract period.

The Client accepts that:
  • Non activation or de-activation of  the tracking application on a Users device will result in the termination of OverWatch coverage.
  • Termination of coverage for non-activation or de-activation of a device will not give rise to any liability on the part of GFS Risk.
  • GFS Risk shall not make any refund of fees based on the non-activation or deactivation of a tracking application by a User. 
  • OverWatch tracking is not to be considered as a replacement or substitute for an official emergency service.

Security, safety and medical consultants – conditions of use

The Contractor will recommend that any security, safety or medical
consultant who is deployed holds a certain and recognized level of expertise, which reflects the level of risk the Contractor attributes to the location of the deployment and/or the activities being undertaken.

The Contractor retains the right to refuse to provide a consultant in any circumstances where the level of expertise of the consultant being requested by the Client is, in the opinion of the Contractor, not commensurate with the level of risk which will be faced on location, or in any other circumstance where the Contractor believes that the risk cannot be adequately mitigated and managed.

Where a security, safety or medical consultant is deployed by the Contractor as part of the Services the Client agrees and accepts that:

 
  • The Client, its employees, agents and representatives will follow the expert advice provided by the consultant and shall not knowingly act or fail to act in a way that undermines or conflicts with the expert advice provided by the consultant.
  • The Contractor shall not be responsible or liable for any act or failure which is knowingly undertaken in contravention of the security, safety or medical advice provided by the consultant.
  • Daily hours of work shall be reasonable and shall not exceed what is generally deemed to be safe working conditions.

Information Security

In the performance of Services GFS Risk will request personal information from Clients and Users. This may include medical information.

Information will only be collected where it is submitted knowingly and voluntarily and will only be used for the purposes for which it has been submitted.

GFS Risk will not share this information with other parties unless:

 
  • it is required to do so by Law; or
  • it is assessed to be beneficial to a User in response to an OverWatch incident or emergency; or
  • it has obtained the prior approval of the Client or User.

Conflicts of interest

The Contractor will not, during the currency of a contract with the Client, make any commitments which could or will result in a conflict of interest with, or interfere with the full performance of, any of the Contractor's obligations under this Contract.  The Contractor will advise the Client of any actual or potential conflicts of interest if and when they come to hand.  Notwithstanding the above, the Client acknowledges that the Contractor provides services to other parties and that it may have contractual obligations as owed to other parties during the term of this Contract.

Applicable law

The General Terms and Conditions and any contract to which they apply shall be governed by, construed and take effect in accordance with the laws of New Zealand.

Disputes

The Contractor and any of its Clients agree to actively and in good faith negotiate with a view to a speedy and time of essence resolution of any
dispute or difference which may arise between them concerning the interpretation of these General Terms and Conditions or any contract to which they apply.

In the event that the said Parties are unable to resolve their difference or dispute then that difference or dispute shall be referred to an expert mediator agreed upon by both Parties within five (5) days of such difference or dispute arising. The expert mediator shall endeavour to resolve the difference or dispute within two (2) days of the referral and the decision of the expert mediator shall be final and binding on both Parties.

Notices

All notices hereunder must be in writing, to the respective addresses identified on the Contract for Services (or at such other address as either party may supply by written notice delivered in accordance herewith), and will be deemed given: (i) if sent by overnight courier service, the second business day following dispatch; or (ii) if sent by email, upon delivery, as confirmed by automated receipt or electronic logs.

Waivers

No delay, neglect or forbearance by either Party in enforcing against the other Party any provision of a contract will be a waiver, or in any way prejudice the right of that Party.

Disclaimers

The Contractor’s Services contain recommendations, which are for Clients to consider with care. Recommendations and Services are for informational purposes only, from a general risk management perspective, with the understanding that the Contractor is not rendering legal, insurance, accounting, medical safety or other professional advice on specific matters. Accordingly, the Contractor assumes no liability whatsoever in connection with the use of such content. The Contractor recommends that Clients consult their legal counsel or other professional advisor with respect to the Client’s individual situation.

Indemnities

Each party (the "Indemnifying Party") hereby agrees to save, defend, indemnify and hold harmless the other party and its officers, directors, employees, consultants and agents (each an "Indemnified Party") from and against any and all actions, proceedings, costs, third party, fully adjudicated (or settled with the Indemnifying Party’s consent), claims and damages whatsoever incurred by or awarded against and/or compensation agreed by the other party in consequence of any material uncured breach by the Indemnifying Party of any of the Indemnifying Party’s obligations responsibilities representations and agreements as set out in the Contract for Services between the Parties.

Limitation of liability

To the fullest extent permitted by Law, except in the event of willful misconduct or gross negligence,  in no event shall the Contractor, or any of their respective partners, principals, agents, or employees, be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages or for acts of negligence arising in connection with any information, result, error, omission, defect, delay or system malfunction relating to the Contractors’ provision of Services regardless of whether the Contractor has been advised of the possibility of such damages.
 
To the fullest extent permitted by Law, except in the event of willful misconduct or gross negligence, in no event shall the Client, or any of their respective partners, principals, agents, or employees, be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages or for acts of negligence arising in connection with any information, result, error, omission, defect, delay or system malfunction arising in connection with the Contract for Services, regardless of whether the Client has been advised of the possibility of such damages.
 
To the fullest extent permitted by any relevant applicable law, the maximum aggregate liability of each party to the other and each of their directors and personnel under this Contract for Services, is limited to three times the amount of all Fees payable by the Client to the Contractor under these terms and the said contract of Services.

The Contractor is not responsible or liable for any advice, services or products that Clients receive from third parties.

Incapacity

If the Contractor at any time fails or is unable to supply the Services because of physical illness, mental incapacity or for any other reason beyond the Contractors control, no fees will be paid to the Contractor for the Services during such period of incapacity or failure.

Events beyond control of the Parties

With the exception of any circumstances, events or conditions now known or reasonably contemplated at the time of contracting, neither Party to a Contract for Services shall be liable for failure to perform its obligations if the failure results from a force majeure, act of God, global pandemic, fire, explosion, war, act of terrorism, industrial dispute, or anything beyond the Party’s control.

Set off

The Client shall not be able to set off against or deduct from the price any sums owed or claimed to be owed to the Client by the Contractor.

Headings

The headings in the terms and conditions and any contract are solely for convenience and shall not affect its interpretation.