Speaking with many clients throughout current Covid-19 pandemic has highlighted a consistent issue: how can any planning of ad shoots or productions happen when the risk of cancellation or postponement due to Coronavirus is an uninsurable event?
The answer to this has generally been that the risk should sit with the client. If the client wants the work to go ahead, then it must accept the lion's share of the risk if the shoot is cancelled or postponed, as well as any costs or fees arising from that.
To help find a solution to this issue, the Advertising Producers Association (APA) (for the production companies), working together with the Incorporated Society of British Advertisers (ISBA) and the Institute of Practitioners in Advertising (IPA) (representing clients and agencies respectively), have developed a tripartite agreement setting out a reasonable apportionment of risk. More details about the scope of the agreement can be found on the APA's website. It is intended that the agreement shall be used, and the Agency and Production Company shall both comply with the APA Covid-19 Shooting Guidelines, which sets out best practice for running a shoot whilst the risk of Covid-19 is still present, but also should put the client at ease that appropriate measures are in place.
We are also happy to answer any questions you may have about these documents.
The APA now have an agreement with ISBA (on behalf of advertisers) and the IPA (on behalf of agencies) – an addendum to the production contract in respect of costs arising from Coronavirus-related delay, relocation, postponement or cancellation.