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Name of Production Company:______(“the Company”)
Name of Programme/Film:______(“the Content”)
Name of Location Owner: ______(“the Owner”)
Location Name: ______(“the Location”)
Address ______
Postcode ______
Filming Period: ______(“Filming Period”)
General Terms and Conditions
The Owner grants the Company no exclusive access to the Location for the Filming Period for filming and recording certain scenes for the Content, based on the terms above and set out as follows: -
- Location and access
1.1The Owner agrees and confirms to the Company that they have the right and authority to grant all necessary permissions and consents in and to the Location without having to obtain any further third party consents. This includes the right to enter upon the Location with such personnel and equipment including but not limited to camera, sound, lighting, recording equipment to film, photograph, record exterior and interior, including names, signs and identifying signia of the Location.
1.2The Company shall be entitled if it chooses to identify the Location by its true or any fictional name including and without limitation contents, fixtures, fittings.
1.3The Location will be made available for filming, photographing, and recording during the Filming Period. If the filming/photography are not completed during the Filming Period, the Company is entitled to return to the Location to continue the same, on terms no less favourable than those contained in this agreement. The Owner will not unreasonably withhold or delay such to extend.
1.4The Owner will not infringe or interfere with the Company’s filming. The Owner shall not say anything derogatory or detrimental or do anything or undertake any conduct that may bring the Content, broadcaster or Company into disrepute.
1.5The Owner shall advise the Company of any defects, dangers, which the Owner is aware of in, and relation to or on the Location and the Owner warrants the Location is compliant with health and safety legislation.
2. Rights in the Film/photography
2.1The Owner understands that the Company is the sole and exclusive owner and rights holder of the results of any filming, recording, photography under this agreement (“the Footage”).
2.2The Company has no obligation to use any part/or all of the Footage in the Content, and the Company can give no warranties that the production of the Content will proceed to completion.
2.3The Owner gives the Company all necessary consents to enable the Company to exploit the Content and the Company shall be entitled to include the Footage or any part in the Content. The Company shall be entitled to exploit the Content and all allied, ancillary rights by all means, in all media whether now known or hereafter invented throughout the world in all perpetuity without any further payment to the Owner or any third party.
2.4The Company has the right to edit, use and re-use all or any part of the Footage as it sees fit and can assign, license, brand, exploit and sell in connection with the transmission, promotion, distribute, throughout the world whether for its own purposes, publicity or sponsors of all and any allied and ancillary rights either as a sequence, on its own, preceded, interlaced or followed by any scenes as the Company may wish including and without limit still photographs, scenes or studio/ and or sets representing the Location.
3. Insurance and Owner Indemnity
3.1 The Owner shall indemnify and shall keep the Company indemnified from and against all claims, demands, actions, proceedings costs, damages, losses or expenses including legal costs, expenses, VAT suffered directly or indirectly by the Company or such compensation paid or agreed to be paid by the Company to any third party arising out of any breach of non performance or non observance of any of the covenants, warranties, representations, undertakings and agreements of the Owner contained or implied in this Agreement.
3.2The Owner shall have in effect relevant public liability insurance and provide evidence to the Company where requested.
4. Insurance and Company Indemnity
4.1Any claims for damages to Location to make good shall be to the maximum of the lesser of the value a) of the Location or b) the level of the Company Public liability insurance up to maximum of £5,000,000 in accordance with the Company insurance cover in respect of a) any damage which may be caused to the Property by the negligent act or omission of ourselves or our agents or employees arising out of or in connection with our use of the Property (providing we are notified in writing within 48 hours of the production vacating the Property), and b) any liability loss or claim or proceedings arising under Statute or common law in respect of personal injury caused by our negligence, omission or default (providing the Company is notified in writing as soon as you become aware of any third party claim and on the basis that we may assume the sole conduct of any resultant proceedings).
5. Miscellaneous
5.1Any written notice given under the terms of this agreement will be validly given by first class post to the address of the other party unless any other address has been notified by either party in writing in advance.
5.2No waiver by the parties of any failure by them to perform any condition of this Agreement shall be deemed a waiver of any preceding or succeeding breach of any covenant or condition of this Agreement.
5.3This Agreement represents the entire agreement between the parties in respect of its subject matter and replaces any previous agreements relating to the subject matter and may be varied only in writing signed by the parties.
5.8The Company shall be entitled to assign the agreement to any third party.
This Agreement shall be governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the courts of Scotland.
Please signify your acceptance and understanding of the by signing below.
Read and agreed by
______Date ______
Duly authorised for and on behalf of the Company
Print Name: ______
Read and agreed by
______Date ______
Duly authorised for and behalf of the Owner
Print Name: ______
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© Pact 2011