协议

[SAMPLE OF PRODUCTION INSURANCE PROTOCOL/SERVICE AGREEMENT]

 

This document (“Protocol”) sets out the general procedures for and matters for your attention in respect of (A) purchasing insurance; and (B) reporting a claim.

The coverage provided under an insurance policy issued by an insurance company (“Policy”) is always subject to the terms and conditions stated therein. This Protocol is general in nature and does not in any way alter the terms and conditions stated in the Policy. Nothing herein shall be construed as advice or representations made by MPIA Specialty (“MPIA”) or the insurance company.

Your agreement to comply with this Protocol is a condition precedent to the provision of any services by MPIA in respect of the placing of any Policy.

You are reminded that any non-compliance with this Protocol and/or the terms and conditions stated in the Policy may affect the insurance coverage available to you under the Policy or at all.

Please review this Protocol carefully and acknowledge that you have read and understood it and will comply with it by signing at the bottom of each page.

 

A. PURCHASING INSURANCE

 

(i) Procedures for purchasing insurance

1. The procedures for purchasing insurance are as follows:

1.1. MPIA shall provide you with its Film/TV Insurance Questionnaire (“Questionnaire”) within 24 hours upon receipt of your request for Film/TV insurance.

… …

(ii) Matters for your attention

2. Please pay attention to the following matters:

2.1. Completion of the Questionnaire does not imply that insurance will be offered by the insurance company. Signing of the Questionnaire does not bind you nor the insurance company to enter into the Policy.

… …

 

B. REPORTING A CLAIM

 

(i) Procedures for reporting a potential claim

3. The general procedures for notifying a potential claim are as follows:

3.1. Notification:

3.1.1. Once an incident giving rise to a claim occurs, you should inform MPIA by submitting a Claim Notification Form (“Claim Notification Form”) at least 24 hours before the last day for notification as required by the Policy (except where notification should be made in accordance with the requirements set out in 3.1.3 below).

… …

3.2. Provision of documents:

3.2.1. You should provide MPIA with the requested documents as stated in section B (ii) below as well as other information and documents as may be further required by the insurance company.

3.3. Claims handling

3.3.1. Upon submission of the Claim Notification Form, together with the requested documents stated in section B (ii) below, the insurance company will review the documents and may request further information and documents.

… …

3.4. Additional points

3.4.1. Generally, you must not agree to any settlement with a service supplier or claimant or any other third party, or make any admission of liability, without the insurance company’s prior written agreement.

… …

(ii) Documents and/or information to be provided to MPIA

4. In cases where material damage (including but not limited to damage to equipment, props, sets and shooting sites) is involved,

4.1. Please provide MPIA with the following:
4.1.1. Photos of the damage;

… …

5. In cases where bodily injuries (either public liability or personal accident) have been suffered,

5.1. Please inform MPIA of any treatment or surgery which would cost over HK$5,000 prior to the undertaking of such treatment or surgery, except in case of emergency…

5.2. Please provide MPIA with the following:
5.2.1. A medical certificate completed by a qualified doctor which includes the date of examination, contact details of the qualified doctor and/or the hospital facility/department in charge of the examination;

… …

6. In cases where films/media contents have been damaged,

6.1. Please:
6.1.1. explore all possibilities to make a digital repair and, where digital repair is not possible or too expensive, consider the possibility of a reshoot.

… …

6.2. Please provide MPIA with the following:
6.2.1. Confirmation from the relevant laboratory setting out the circumstances and the consequences of the incident, with reference to the amount of and number of damaged rolls;

… …

7. In cases involving Postponement/Interruption/Cancellation/Non-Appearance,

7.1. Please contact the insurance company immediately (copying MPIA) if you become aware of a risk of postponement/ Interruption / cancellation of the Film Production/ Event due to non-appearance, inclement weather conditions or any other causes.

7.2. In any event, please make all possible efforts to conduct the following:

… …

7.3. Please provide MPIA with the following:
7.3.1. The original budget of the event/film production;
… …

** If you would like to review the full version of this Protocol / Agreement, please contact with:
Email: enqiuiry@mpia.com.hk
Tel: +852 3955 8280