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Allen, Louise - WikiLeaks › sony › docs › 03_03 › RISKMGMT › Louise..._____ day of _____, the exact date to depend on the weather and shooting schedule, and shall continue

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Page 1: Allen, Louise - WikiLeaks › sony › docs › 03_03 › RISKMGMT › Louise..._____ day of _____, the exact date to depend on the weather and shooting schedule, and shall continue
Page 2: Allen, Louise - WikiLeaks › sony › docs › 03_03 › RISKMGMT › Louise..._____ day of _____, the exact date to depend on the weather and shooting schedule, and shall continue
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1

Allen, Louise

From: Allen, LouiseSent: Friday, February 28, 2014 4:53 PMTo: Fussell, Megan; Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Herrera, TerriSubject: FW: "Goldbergs" Season 1 -- hero home - Richard Welch

Thanks Megan.  Please keep us in the loop re the agreement amendment so that we can add it to our file.  

Thanks,  Louise Allen Risk Management T:  (519) 273‐3678  

From: Christopher Lee [mailto:[email protected]] Sent: Tuesday, February 25, 2014 8:08 PM To: Fussell, Megan Cc: Allen, Louise; Luehrs, Dawn; Vernon Davidson; Huizar, Javier; Clements, John; Barnes, Britianey; Hastings, Douglas; Spector, Jon; Amanda Massetti; Herrera, Terri; Zechowy, Linda Subject: Re: "Goldbergs" Season 1 -- hero home Megan, Nice conversation and I look forward to that little bit of language added to the release next week. Christopher Lee Location Manager "The Goldbergs" A Sony Television Show [email protected] cell. 310-344-3040

On Tue, Feb 25, 2014 at 4:52 PM, Fussell, Megan <[email protected]> wrote:

Just an FYI, I forwarded the executed agreement (attached) to Vern where we agreed to pay the owner a sum of $18,988 to restore the roof.  If we are going to leave the dormers up and therefore not pay the owners anything as previously agreed, I will need to amend the location release.  Please advise.

 

Thanks,

 

Megan

 

From: Allen, Louise Sent: Tuesday, February 25, 2014 11:42 AM To: Fussell, Megan; Luehrs, Dawn; Vernon Davidson; Huizar, Javier

lallen
Pencil
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Allen, Louise

From: Vernon Davidson [[email protected]]Sent: Tuesday, February 25, 2014 3:10 PMTo: Allen, LouiseCc: Fussell, Megan; Luehrs, Dawn; Huizar, Javier; Clements, John; Barnes, Britianey; Hastings,

Douglas; Spector, Jon; Amanda Massetti; Herrera, Terri; Zechowy, LindaSubject: Re: "Goldbergs" Season 1 -- hero home

I believe it was our construction team.

On Tue, Feb 25, 2014 at 11:42 AM, Allen, Louise <[email protected]> wrote:

Who installed the dormers?  Hopper Engineering?  Production?

 

Thanks,

Louise Allen

Risk Management

T:  (519) 273‐3678

 

From: Fussell, Megan Sent: Monday, February 24, 2014 4:24 PM To: Luehrs, Dawn; Vernon Davidson; Huizar, Javier Cc: Clements, John; Barnes, Britianey; Hastings, Douglas; Allen, Louise; Spector, Jon; Amanda Massetti; Herrera, Terri; Zechowy, Linda

Subject: RE: "Goldbergs" Season 1 -- hero home

Hi Vernon,

 

Please give me a call to discuss.  If the dormers are remaining, then we need to amend the location release that we will have the owners sign to reflect this.  

 

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2

Thanks,

 

Megan

(310) 244‐5404

 

From: Luehrs, Dawn Sent: Monday, February 24, 2014 11:16 AM To: Vernon Davidson; Huizar, Javier Cc: Clements, John; Barnes, Britianey; Fussell, Megan; Hastings, Douglas; Allen, Louise; Spector, Jon; Amanda Massetti; Herrera, Terri; Zechowy, Linda Subject: RE: "Goldbergs" Season 1 -- hero home

Adding the rest of the RM team to the distribution.

 

…….d

 

Dawn Luehrs

Director, Risk Management Production

(310) 244-4230 - Direct Line

(310) 244-6111 - Fax

(310) 487-9690 - Cell

 

 

From: Vernon Davidson [mailto:[email protected]] Sent: Monday, February 24, 2014 10:57 AM To: Huizar, Javier Cc: Clements, John; Luehrs, Dawn; Barnes, Britianey; Fussell, Megan; Hastings, Douglas; Allen, Louise; Spector, Jon;

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3

Amanda Massetti Subject: Re: "Goldbergs" Season 1 -- hero home

My apologies for not getting to you sooner Javier.

We do plan on keeping the Dormers up.

The owners are aware of this as is production.

I will reach out to the structural engineer to let him know.

On Mon, Feb 24, 2014 at 10:52 AM, Huizar, Javier <[email protected]> wrote:

Regarding: “The Goldbergs” Season 1 (hero) home, 3071 Earlmar Dr. Cheviot Hills , CA

Vern,

I wanted to touch base with you in regards to the “The Goldbergs” (hero) home in Cheviot Hills.

Weather if the (dormer windows) will be removed or remain on the roof top at season end.

If we plan to remove the dormer windows and there’s a chance crew members will be on the roof top then id would like to discuss a fall protection plan with those involved.

However , should the dormers remain, my recommendation would be to touch base with the structural engineer since the initial roof analysis is based on a temporary installation.

In addition, to touch base with Sony Risk Management and Legal regarding this.

If you have any questions, please don’t hesitate in contacting me.

Regards,

Javier

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HOPPER ENGINEERING ASSOCIATES

California License No.: 20498 300 Vista Del Mar FAX: (310) 791-7308 Redondo Beach, CA 90277 www.hopperengineering.com (310) 373-5573

August 15, 2013 Mr. Neale Fishback, Key Assistant Location Manager “The Goldbergs” Production Remote Broadcasting, Inc. Sony Pictures Studios 10202 West Washington Boulevard Culver City, CA 90232 Subject: Roof Evaluation at 3071 Earlmar Drive Reference: Site Visit, N. Fishback and W. Brown, August 14, 2013 Dear Mr. Fishback: At your request, Hopper Engineering Associates made a site visit to 3071 Earlmar Drive for The Goldbergs production per the reference above. Please allow this letter to serve as documentation of that site visit and our subsequent recommendations. The single family residence at 3071 Earlmar Drive is a single story wood framed house with a pitched roof and composite roofing material. See Photo 1 below. The roof is framed with 2x4 wood trusses spaced at 2-foot on center. The roof structure appeared to be in good condition. The production is proposing to remotely construct and temporarily install four dormer windows on the existing roof facing the street. Each of the dormers is estimated to weigh no more than 300 pounds. No live loads, other than the construction workers will be applied to the roof. The bases of the dormers will be lag bolted to the existing roof framing. Given the code required design live load of 12 pounds per square foot, it is our opinion that the existing roof is structurally adequate to support the proposed dormers. Thank you very much for your consideration in this matter. Should questions arise, please contact the undersigned. Very truly yours, Wesley Brown Professional Engineer C28979

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HOPPER ENGINEERING ASSOCIATES

Photo 1 – House at 3071 Earlmar Drive

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Allen, Louise

From: Allen, LouiseSent: Tuesday, November 12, 2013 1:30 PMTo: 'Christopher Lee'; Fussell, MeganCc: 'Courtney Wieden'; 'Neale Fishback'; Zechowy, Linda; Luehrs, DawnSubject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard

Welch - USE THIS attachment

Production … we would like to close our file on this matter.  Do you have a signed agreement?  

Thanks,  Louise Allen Risk Management T:  (519) 273‐3678   _____________________________________________ From: Allen, Louise Sent: Tuesday, August 20, 2013 1:51 PM To: 'Christopher Lee'; Fussell, Megan Cc: Courtney Wieden; Neale Fishback; Barnes, Britianey; Zechowy, Linda; Luehrs, Dawn Subject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment   

Is there a signed copy of this agreement for our files as yet? Please email when you have a fully executed copy. Thanks, Louise From: Christopher Lee [mailto:[email protected]] Sent: Friday, August 16, 2013 6:43 PM To: Fussell, Megan Cc: Courtney Wieden; Neale Fishback; Barnes, Britianey; Zechowy, Linda; Luehrs, Dawn; Allen, Louise Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment Thank you very much!

lallen
Pencil
lallen
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Allen, Louise

From: Allen, LouiseSent: Tuesday, August 20, 2013 1:51 PMTo: 'Christopher Lee'; Fussell, MeganCc: Courtney Wieden; Neale Fishback; Barnes, Britianey; Zechowy, Linda; Luehrs, DawnSubject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard

Welch - USE THIS attachment

Is there a signed copy of this agreement for our files as yet?  Please email when you have a fully executed copy.  Thanks,  Louise  

From: Christopher Lee [mailto:[email protected]] Sent: Friday, August 16, 2013 6:43 PM To: Fussell, Megan Cc: Courtney Wieden; Neale Fishback; Barnes, Britianey; Zechowy, Linda; Luehrs, Dawn; Allen, Louise Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment Thank you very much! C

On Fri, Aug 16, 2013 at 3:41 PM, Fussell, Megan <[email protected]> wrote:

Done, attached.

 

Thx

 

From: Christopher Lee [mailto:[email protected]] Sent: Friday, August 16, 2013 3:40 PM To: Fussell, Megan Cc: Courtney Wieden; Neale Fishback; Barnes, Britianey; Zechowy, Linda; Luehrs, Dawn; Allen, Louise

Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment

Let's change the 5 to 10 days in paragraph 7

please

thx

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 1

LOCATION AGREEMENT

_Richard Welch___________________________________________________ (“Grantor”), in entering into this agreement (the “Agreement”) hereby grants to Remote Broadcasting, Inc._____________________________________ and its representatives, employees, contractors, agents, independent producers, officers and agents, (herein collectively referred to as “Producer”) and such other parties as it may authorize or designate, permission to enter upon, use, and by means of film, tape, videotape or any other method, to photograph the exteriors of the property, including the interiors and exteriors of all buildings, improvements, and structures thereon and the contents thereof, located at: 3071 Earlmar Drive, Los Angeles, CA 90064____________________________________________________________________________ (the “Property”) in connection with the production of scenes for the above-referenced television program, (the “Program”), which permission includes the right to bring and utilize thereon personnel, personal property, materials, and equipment, including but not limited to props and temporary sets; the right to make mention of the Property within the context of the storyline of such Program; the right to recreate the Property elsewhere, whether accurately or otherwise, for the purposes of photographing same; and the unlimited right to exhibit any and all scenes photographed or recorded at and of the Property throughout the world and in all media, now known or unknown. The undersigned hereby waives any and all rights of privacy, publicity, defamation, or any other rights of a similar nature in connection with the above. Notwithstanding the foregoing, Producer agrees that the actual address of 3071 Earlmar Drive, Los Angeles, CA 90064, the family name of Grantor, and any personal pictures of Grantor will not appear in any aired footage of the Program. 1. The above permission is granted for one or more days as may be necessary, commencing on or about the __________ day of _____________, the exact date to depend on the weather and shooting schedule, and shall continue until completion of all scenes and work required on the Property in connection with the Program, but not to exceed more than twelve days. The permission herein granted shall include permission to re-enter the Property for the purpose of making added scenes and retakes, at the rate set forth below, on a pro-rata basis. 2. Producer, its successors, assigns and licensees shall own all rights of every kind in and to all video and sound recordings, motion pictures or photographs made, recorded and/or developed in and about the Property, in any and all media now known or hereafter devised or discovered, throughout the world in perpetuity, including the irrevocable right to use any such recordings, motion pictures or other photographs of the said premises and Property, including the name, logo or identification of said Property, in the advertising, publicity and promotion, of the Program, and Producer’s productions, without further payment or permission of any kind. Neither Grantor nor any tenant or other party now or hereafter having an interest in the Property shall have any right of action against Producer or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory or untrue in nature, and Grantor, any tenant and any other party now or hereafter having an interest in the Property hereby waives any and all rights of privacy, publicity or any other rights of a similar nature in connection with Producer’s exploitation of any such photography and/or sound recordings. 3. In full consideration of the Grantor entering into this Agreement and for all rights granted to Producer hereunder, Producer shall pay Grantor the following sums: Prep: ____________ per day ($_____________) Shoot: ____________ per day ($_____________) Strike: ____________ per day ($_____________) TOTAL LOCATION FEE $_______________. 4. Grantor acknowledges and understands that Producer is relying upon its consent and agreement herein contained in the preparation, production and exhibition of the Program and this consent and acknowledgment is given to Producer as an inducement to proceed with such preparation and production on the Property. 5. Producer shall use reasonable care to prevent damage to the Property and will indemnify Grantor and hold Grantor harmless against any liability and loss which Grantor may incur by reason of the death or injury of any person or persons or property damage resulting directly from any act of negligence on Producer’s part in connection with use of the Property as provided hereunder, except if due to the negligence or willful misconduct of Grantor. Producer shall provide

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 2

Grantor, prior to the use of the Property, evidence of commercial general liability insurance with limits of One Million Dollars ($1,000,000) adding Grantor as an additional insured party thereon. 6. Grantor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein; that the Property is not now represented by a location service or any individual in connection with the filming of motion picture photoplays or television programs; and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein. 7. After Producer has completed its work at the Property, including all necessary restoration, if any, Producer shall be deemed to have fully and properly vacated the Property and shall be relieved of any and all obligations in connection with the Property unless Grantor, within tenfive (105) business days after Producer leaving the Property informs Producer in writing of any damage to the Property and/or restoration not completed to Grantor’s satisfaction. Unless such timely notice is given to Producer, Grantor hereby agrees to promptly sign and deliver to Producer the release attached hereto as Exhibit A, and incorporated herein by this reference. At the end of the season of the Program, Producer agrees to pay to Grantor, the sum mutually agreed upon by Producer and Grantor of (eighteen thousand nine hundred and eighty eight dollars) $18,988 for the replacement of the roof on the Property. Producer and Grantor both acknowledge that this sum will cover the full and complete payment for the replacement of the roof, and that no additional amount will be paid for the roof. 8. The rights and remedies of Grantor in the event of any breach by Producer of this Agreement shall be limited to Grantor’s right to recover damages, if any, in an action at law. In no event shall Grantor be entitled to terminate or rescind this Agreement or any right granted to Producer hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, or exploitation of the Program, or any parts or elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith. 9. Producer shall have no obligation to use the Property or include the Property in the Program. If Producer elects not to use the Property for filming or any other purpose prior to Producer using the Property, which Producer shall have the absolute right to do, then Grantor shall not be entitled to any compensation, and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. 10. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles, County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of this Agreement.

11. Producer shall obtain and pay for all permits and licenses required for its production activities and shall indemnify Grantor for any claims arising from Producer’s failure to obtain such required permits and licenses, except if due to the negligence or willful misconduct of Grantor.

ACCEPTED: GRANTOR ACCEPTED: PRODUCER Date:_______________________________ Date:________________________ By: ______________________________ By: ________________________ ____________________________________ ____________________________________ Please Print Name Please Print Name ____________________________________ Address ____________________________________ Title________________________________

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 3

City and State ____________________________________ Zip Code ___________________________________ Social Security Number or Federal I.D.

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 4

EXHIBIT A

LOCATION RELEASE

Re: _________________ (the “Program”) Ladies/Gentlemen: In connection with that certain location agreement entered into between Grantor and _________________________ (Producer) regarding the Program, Producer was granted the right to enter upon Grantor’s property located at _______________________________________________________________________ (the “Property”) in connection with the filming of the Program. Grantor acknowledges that Producer has fully vacated the property, without damage thereto, and/or has restored the property to Grantor’s satisfaction, and Grantor hereby releases Producer, its parents(s), subsidiaries, licensees, successors, related and affiliated parties and their officers, directors, employees, agents, representatives and assigns (individually and collectively the “Producer Indemnitees”), from any and all claims, demands, actions, causes of action, suits, contracts, promises, damages, judgments, obligations and liabilities of every kind which Grantor or Grantor’s successors and assigns, ever had at any time in the past, now has or hereafter may have against the Producer Indemnitees, whether known or unknown, due to any cause based upon, arising from or relating to the filming done by Producer utilizing Grantor’s Property. Grantor and Grantor’s successors and assigns hereby waive any and all benefits and rights accruing by reason of the provisions of California Civil Code Section 1542, as presently in effect or hereafter amended, which now provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

and also waive the provisions of all statutes and principles of common law, if any, of the State of ___________ that may govern this release and are comparable, equivalent or similar to Section 1542. Very truly yours, _________________________________ (Signature) _________________________________ (Print) _________________________________ (Date)

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Allen, Louise

From: Christopher Lee [[email protected]]Sent: Friday, August 16, 2013 6:40 PMTo: Fussell, MeganCc: Courtney Wieden; Neale Fishback; Barnes, Britianey; Zechowy, Linda; Luehrs, Dawn; Allen,

LouiseSubject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch

- USE THIS attachment

Let's change the 5 to 10 days in paragraph 7 please thx

On Fri, Aug 16, 2013 at 3:29 PM, Fussell, Megan <[email protected]> wrote:

Attaching the agreement with the roof language in paragraph 7.

 

From: Christopher Lee [mailto:[email protected]] Sent: Friday, August 16, 2013 3:24 PM To: Fussell, Megan Cc: Courtney Wieden; Neale Fishback

Subject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment

Property owners

On Aug 16, 2013 2:52 PM, "Fussell, Megan" <[email protected]> wrote:

Are we paying the sum directly to the property owner or to the roofers?

 

From: Christopher Lee [mailto:[email protected]] Sent: Friday, August 16, 2013 2:42 PM To: Fussell, Megan Cc: Zechowy, Linda; Allen, Louise; Barnes, Britianey; Courtney Wieden; Neale Fishback Subject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment

Mar vista roofers or a roofing company of their choice

On Aug 16, 2013 2:38 PM, "Fussell, Megan" <[email protected]> wrote:

lallen
Pencil
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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 1

LOCATION AGREEMENT

_Richard Welch___________________________________________________ (“Grantor”), in entering into this agreement (the “Agreement”) hereby grants to Remote Broadcasting, Inc._____________________________________ and its representatives, employees, contractors, agents, independent producers, officers and agents, (herein collectively referred to as “Producer”) and such other parties as it may authorize or designate, permission to enter upon, use, and by means of film, tape, videotape or any other method, to photograph the exteriors of the property, including the interiors and exteriors of all buildings, improvements, and structures thereon and the contents thereof, located at: 3071 Earlmar Drive, Los Angeles, CA 90064____________________________________________________________________________ (the “Property”) in connection with the production of scenes for the above-referenced television program, (the “Program”), which permission includes the right to bring and utilize thereon personnel, personal property, materials, and equipment, including but not limited to props and temporary sets; the right to make mention of the Property within the context of the storyline of such Program; the right to recreate the Property elsewhere, whether accurately or otherwise, for the purposes of photographing same; and the unlimited right to exhibit any and all scenes photographed or recorded at and of the Property throughout the world and in all media, now known or unknown. The undersigned hereby waives any and all rights of privacy, publicity, defamation, or any other rights of a similar nature in connection with the above. Notwithstanding the foregoing, Producer agrees that the actual address of 3071 Earlmar Drive, Los Angeles, CA 90064, the family name of Grantor, and any personal pictures of Grantor will not appear in any aired footage of the Program. 1. The above permission is granted for one or more days as may be necessary, commencing on or about the __________ day of _____________, the exact date to depend on the weather and shooting schedule, and shall continue until completion of all scenes and work required on the Property in connection with the Program, but not to exceed more than twelve days. The permission herein granted shall include permission to re-enter the Property for the purpose of making added scenes and retakes, at the rate set forth below, on a pro-rata basis. 2. Producer, its successors, assigns and licensees shall own all rights of every kind in and to all video and sound recordings, motion pictures or photographs made, recorded and/or developed in and about the Property, in any and all media now known or hereafter devised or discovered, throughout the world in perpetuity, including the irrevocable right to use any such recordings, motion pictures or other photographs of the said premises and Property, including the name, logo or identification of said Property, in the advertising, publicity and promotion, of the Program, and Producer’s productions, without further payment or permission of any kind. Neither Grantor nor any tenant or other party now or hereafter having an interest in the Property shall have any right of action against Producer or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory or untrue in nature, and Grantor, any tenant and any other party now or hereafter having an interest in the Property hereby waives any and all rights of privacy, publicity or any other rights of a similar nature in connection with Producer’s exploitation of any such photography and/or sound recordings. 3. In full consideration of the Grantor entering into this Agreement and for all rights granted to Producer hereunder, Producer shall pay Grantor the following sums: Prep: ____________ per day ($_____________) Shoot: ____________ per day ($_____________) Strike: ____________ per day ($_____________) TOTAL LOCATION FEE $_______________. 4. Grantor acknowledges and understands that Producer is relying upon its consent and agreement herein contained in the preparation, production and exhibition of the Program and this consent and acknowledgment is given to Producer as an inducement to proceed with such preparation and production on the Property. 5. Producer shall use reasonable care to prevent damage to the Property and will indemnify Grantor and hold Grantor harmless against any liability and loss which Grantor may incur by reason of the death or injury of any person or persons or property damage resulting directly from any act of negligence on Producer’s part in connection with use of the Property as provided hereunder, except if due to the negligence or willful misconduct of Grantor. Producer shall provide

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 2

Grantor, prior to the use of the Property, evidence of commercial general liability insurance with limits of One Million Dollars ($1,000,000) adding Grantor as an additional insured party thereon. 6. Grantor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein; that the Property is not now represented by a location service or any individual in connection with the filming of motion picture photoplays or television programs; and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein. 7. After Producer has completed its work at the Property, including all necessary restoration, if any, Producer shall be deemed to have fully and properly vacated the Property and shall be relieved of any and all obligations in connection with the Property unless Grantor, within five (5) business days after Producer leaving the Property informs Producer in writing of any damage to the Property and/or restoration not completed to Grantor’s satisfaction. Unless such timely notice is given to Producer, Grantor hereby agrees to promptly sign and deliver to Producer the release attached hereto as Exhibit A, and incorporated herein by this reference. At the end of the season of the Program, Producer agrees to pay to Grantor, the sum mutually agreed upon by Producer and Grantor of (eighteen thousand nine hundred and eighty eight dollars) $18,988 for the replacement of the roof on the Property. Producer and Grantor both acknowledge that this sum will cover the full and complete payment for the replacement of the roof, and that no additional amount will be paid for the roof. 8. The rights and remedies of Grantor in the event of any breach by Producer of this Agreement shall be limited to Grantor’s right to recover damages, if any, in an action at law. In no event shall Grantor be entitled to terminate or rescind this Agreement or any right granted to Producer hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, or exploitation of the Program, or any parts or elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith. 9. Producer shall have no obligation to use the Property or include the Property in the Program. If Producer elects not to use the Property for filming or any other purpose prior to Producer using the Property, which Producer shall have the absolute right to do, then Grantor shall not be entitled to any compensation, and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. 10. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles, County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of this Agreement.

11. Producer shall obtain and pay for all permits and licenses required for its production activities and shall indemnify Grantor for any claims arising from Producer’s failure to obtain such required permits and licenses, except if due to the negligence or willful misconduct of Grantor.

ACCEPTED: GRANTOR ACCEPTED: PRODUCER Date:_______________________________ Date:________________________ By: ______________________________ By: ________________________ ____________________________________ ____________________________________ Please Print Name Please Print Name ____________________________________ Address ____________________________________ Title________________________________

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 3

City and State ____________________________________ Zip Code ___________________________________ Social Security Number or Federal I.D.

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 4

EXHIBIT A

LOCATION RELEASE

Re: _________________ (the “Program”) Ladies/Gentlemen: In connection with that certain location agreement entered into between Grantor and _________________________ (Producer) regarding the Program, Producer was granted the right to enter upon Grantor’s property located at _______________________________________________________________________ (the “Property”) in connection with the filming of the Program. Grantor acknowledges that Producer has fully vacated the property, without damage thereto, and/or has restored the property to Grantor’s satisfaction, and Grantor hereby releases Producer, its parents(s), subsidiaries, licensees, successors, related and affiliated parties and their officers, directors, employees, agents, representatives and assigns (individually and collectively the “Producer Indemnitees”), from any and all claims, demands, actions, causes of action, suits, contracts, promises, damages, judgments, obligations and liabilities of every kind which Grantor or Grantor’s successors and assigns, ever had at any time in the past, now has or hereafter may have against the Producer Indemnitees, whether known or unknown, due to any cause based upon, arising from or relating to the filming done by Producer utilizing Grantor’s Property. Grantor and Grantor’s successors and assigns hereby waive any and all benefits and rights accruing by reason of the provisions of California Civil Code Section 1542, as presently in effect or hereafter amended, which now provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

and also waive the provisions of all statutes and principles of common law, if any, of the State of ___________ that may govern this release and are comparable, equivalent or similar to Section 1542. Very truly yours, _________________________________ (Signature) _________________________________ (Print) _________________________________ (Date)

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Allen, Louise

From: Christopher Lee [[email protected]]Sent: Friday, August 16, 2013 5:42 PMTo: Fussell, MeganCc: Zechowy, Linda; Allen, Louise; Barnes, Britianey; Courtney Wieden; Neale FishbackSubject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard

Welch - USE THIS attachment

Mar vista roofers or a roofing company of their choice

On Aug 16, 2013 2:38 PM, "Fussell, Megan" <[email protected]> wrote:

Have you confirmed that it will be through Mar Vista roofers?  

 

Thanks

 

From: Courtney Wieden [mailto:[email protected]] Sent: Friday, August 16, 2013 2:13 PM To: Christopher Lee Cc: Neale Fishback; Fussell, Megan; Allen, Louise; Zechowy, Linda; Barnes, Britianey Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment

Hi There,

Just following up re: incorporating the roof replacement language into the agreement?

This is very time sensitive issue as we start working at the house on Monday.

Please let me know if you have any questions or concerns.

Thank you,

--

Courtney Wieden

Associate Producer

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THE GOLDBERGS 10202 W. Washington Blvd.

David Lean Bldg., Ste. 310

Culver City, CA 90232

310/244-3434 office 310/244-0558 fax

On Fri, Aug 16, 2013 at 11:11 AM, Christopher Lee <[email protected]> wrote:

Hello All,

Remote Broadcasting will replace the roof on the "Goldberg House" location at the end of the season. The mutually agreed upon cost is $18,988.00. If you could please incorporate some language pertaining

to this, that would be appreciated.

Need to ink this deal today because prep starts Monday 8/19/2013

Thanks,

Christopher Lee

Location Manager

On Fri, Aug 9, 2013 at 5:07 PM, Neale Fishback <[email protected]> wrote:

Got it. Thank you!!!! Of course we will touch base as soon as we get more info re: the roof. Thank you and have a good weekend!

On Fri, Aug 9, 2013 at 4:47 PM, Fussell, Megan <[email protected]> wrote:

Hi Neale,

 

Attaching a working agreement for this location.  

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 1

LOCATION AGREEMENT

_Richard Welch___________________________________________________ (“Grantor”), in entering into this agreement (the “Agreement”) hereby grants to Remote Broadcasting, Inc._____________________________________ and its representatives, employees, contractors, agents, independent producers, officers and agents, (herein collectively referred to as “Producer”) and such other parties as it may authorize or designate, permission to enter upon, use, and by means of film, tape, videotape or any other method, to photograph the exteriors of the property, including the interiors and exteriors of all buildings, improvements, and structures thereon and the contents thereof, located at: 3071 Earlmar Drive, Los Angeles, CA 90064____________________________________________________________________________ (the “Property”) in connection with the production of scenes for the above-referenced television program, (the “Program”), which permission includes the right to bring and utilize thereon personnel, personal property, materials, and equipment, including but not limited to props and temporary sets; the right to make mention of the Property within the context of the storyline of such Program; the right to recreate the Property elsewhere, whether accurately or otherwise, for the purposes of photographing same; and the unlimited right to exhibit any and all scenes photographed or recorded at and of the Property throughout the world and in all media, now known or unknown. The undersigned hereby waives any and all rights of privacy, publicity, defamation, or any other rights of a similar nature in connection with the above. Notwithstanding the foregoing, Producer agrees that the actual address of 3071 Earlmar Drive, Los Angeles, CA 90064, the family name of Grantor, and any personal pictures of Grantor will not appear in any aired footage of the Program. 1. The above permission is granted for one or more days as may be necessary, commencing on or about the __________ day of _____________, the exact date to depend on the weather and shooting schedule, and shall continue until completion of all scenes and work required on the Property in connection with the Program, but not to exceed more than twelve days. The permission herein granted shall include permission to re-enter the Property for the purpose of making added scenes and retakes, at the rate set forth below, on a pro-rata basis. 2. Producer, its successors, assigns and licensees shall own all rights of every kind in and to all video and sound recordings, motion pictures or photographs made, recorded and/or developed in and about the Property, in any and all media now known or hereafter devised or discovered, throughout the world in perpetuity, including the irrevocable right to use any such recordings, motion pictures or other photographs of the said premises and Property, including the name, logo or identification of said Property, in the advertising, publicity and promotion, of the Program, and Producer’s productions, without further payment or permission of any kind. Neither Grantor nor any tenant or other party now or hereafter having an interest in the Property shall have any right of action against Producer or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory or untrue in nature, and Grantor, any tenant and any other party now or hereafter having an interest in the Property hereby waives any and all rights of privacy, publicity or any other rights of a similar nature in connection with Producer’s exploitation of any such photography and/or sound recordings. 3. In full consideration of the Grantor entering into this Agreement and for all rights granted to Producer hereunder, Producer shall pay Grantor the following sums: Prep: ____________ per day ($_____________) Shoot: ____________ per day ($_____________) Strike: ____________ per day ($_____________) TOTAL LOCATION FEE $_______________. 4. Grantor acknowledges and understands that Producer is relying upon its consent and agreement herein contained in the preparation, production and exhibition of the Program and this consent and acknowledgment is given to Producer as an inducement to proceed with such preparation and production on the Property. 5. Producer shall use reasonable care to prevent damage to the Property and will indemnify Grantor and hold Grantor harmless against any liability and loss which Grantor may incur by reason of the death or injury of any person or persons or property damage resulting directly from any act of negligence on Producer’s part in connection with use of the Property as provided hereunder, except if due to the negligence or willful misconduct of Grantor. Producer shall provide

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 2

Grantor, prior to the use of the Property, evidence of commercial general liability insurance with limits of One Million Dollars ($1,000,000) adding Grantor as an additional insured party thereon. 6. Grantor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein; that the Property is not now represented by a location service or any individual in connection with the filming of motion picture photoplays or television programs; and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein. 7. After Producer has completed its work at the Property, including all necessary restoration, if any, Producer shall be deemed to have fully and properly vacated the Property and shall be relieved of any and all obligations in connection with the Property unless Grantor, within five (5) business days after Producer leaving the Property informs Producer in writing of any damage to the Property and/or restoration not completed to Grantor’s satisfaction. Unless such timely notice is given to Producer, Grantor hereby agrees to promptly sign and deliver to Producer the release attached hereto as Exhibit A, and incorporated herein by this reference. 8. The rights and remedies of Grantor in the event of any breach by Producer of this Agreement shall be limited to Grantor’s right to recover damages, if any, in an action at law. In no event shall Grantor be entitled to terminate or rescind this Agreement or any right granted to Producer hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, or exploitation of the Program, or any parts or elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith. 9. Producer shall have no obligation to use the Property or include the Property in the Program. If Producer elects not to use the Property for filming or any other purpose prior to Producer using the Property, which Producer shall have the absolute right to do, then Grantor shall not be entitled to any compensation, and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. 10. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles, County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of this Agreement.

11. Producer shall obtain and pay for all permits and licenses required for its production activities and shall indemnify Grantor for any claims arising from Producer’s failure to obtain such required permits and licenses, except if due to the negligence or willful misconduct of Grantor.

ACCEPTED: GRANTOR ACCEPTED: PRODUCER Date:_______________________________ Date:________________________ By: ______________________________ By: ________________________ ____________________________________ ____________________________________ Please Print Name Please Print Name ____________________________________ Address ____________________________________ Title________________________________ City and State ____________________________________ Zip Code ___________________________________

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 3

Social Security Number or Federal I.D.

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 4

EXHIBIT A

LOCATION RELEASE

Re: _________________ (the “Program”) Ladies/Gentlemen: In connection with that certain location agreement entered into between Grantor and _________________________ (Producer) regarding the Program, Producer was granted the right to enter upon Grantor’s property located at _______________________________________________________________________ (the “Property”) in connection with the filming of the Program. Grantor acknowledges that Producer has fully vacated the property, without damage thereto, and/or has restored the property to Grantor’s satisfaction, and Grantor hereby releases Producer, its parents(s), subsidiaries, licensees, successors, related and affiliated parties and their officers, directors, employees, agents, representatives and assigns (individually and collectively the “Producer Indemnitees”), from any and all claims, demands, actions, causes of action, suits, contracts, promises, damages, judgments, obligations and liabilities of every kind which Grantor or Grantor’s successors and assigns, ever had at any time in the past, now has or hereafter may have against the Producer Indemnitees, whether known or unknown, due to any cause based upon, arising from or relating to the filming done by Producer utilizing Grantor’s Property. Grantor and Grantor’s successors and assigns hereby waive any and all benefits and rights accruing by reason of the provisions of California Civil Code Section 1542, as presently in effect or hereafter amended, which now provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

and also waive the provisions of all statutes and principles of common law, if any, of the State of ___________ that may govern this release and are comparable, equivalent or similar to Section 1542. Very truly yours, _________________________________ (Signature) _________________________________ (Print) _________________________________ (Date)

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Allen, Louise

From: Fussell, MeganSent: Friday, August 09, 2013 6:43 PMTo: '[email protected]'; '[email protected]'Cc: Allen, Louise; Zechowy, Linda; Barnes, Britianey; '[email protected]'Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch

- USE THIS attachment

Yes, I will try to get to you soon.

From: Neale Fishback <[email protected]> To: Christopher Lee <[email protected]> Cc: Fussell, Megan; Allen, Louise; Zechowy, Linda; Barnes, Britianey; Courtney Wieden <[email protected]> Sent: Fri Aug 09 14:24:46 2013 Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment

Hi Megan, Is it possible to get a "working" location agreement drawn up with all of Legal/RM's notes/changes/language for this location (minus the point about the roof)? I ask because here's our situation: The husband (Richard) leaves town in a few hours and he has requested an agreement today so he and his attorney can review our counterpoints before he leaves town. He will be gone thru August 17th. Clearly the point about the roof is still in negotiations and we can exclude it from this "working agreement". I just feel it would benefit ALL involved to get a copy of this agreement to our home owners with all of his points (except one) addressed. Please let me know if this works for you. Let me know if there's any questions etc. Thank you! -- Neale Fishback "The Goldbergs" Key Assistant Location Manager 310.910.5945 cell [email protected] On Fri, Aug 9, 2013 at 2:03 PM, Christopher Lee <[email protected]> wrote:

Hey Megan, As long as the roof is our last issue I totally understand and I'm cool with that. I've been waiting for the numbers on their roof. Thanks, Christopher Lee Location Manager

Thanks...Neale

On Aug 9, 2013 1:53 PM, "Fussell, Megan" <[email protected]> wrote:

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Hi Neale,

 

We should wait until all of the roof issue details have been finalized if the homeowner wants #5 to be included in the contract.

 

Thanks,

 

Megan

 

From: Neale Fishback [mailto:[email protected]] Sent: Friday, August 09, 2013 1:26 PM To: Fussell, Megan Cc: Courtney Wieden; Allen, Louise; Barnes, Britianey; Zechowy, Linda; Chris Lee Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment

Hi Megan,

Please find the answers below in bold and underlined. Thanks!

--

Neale Fishback

"The Goldbergs"

Key Assistant Location Manager 310.910.5945 cell [email protected]

On Fri, Aug 9, 2013 at 11:40 AM, Fussell, Megan <[email protected]> wrote:

Hi Courtney and Neale,

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Just a few remaining questions I have (below in red) regarding the homeowner’s questions:

1. Would like Producer to agree that our actual address, family name and any personal pictures will be not appear in any aired footage.

What is the actual address of this property?

3071 Earlmar Drive, Los Angeles CA 90064

2. Can we get some cap on the number of days that the Producer will film? Also, Producer should provide us reasonable notice of when it intends to shoot at our property. We would like any continued filming after first season to be a new contract.

When does shooting commence and do you have an estimate of number of total days needed to be on the property, including strike?

We don't have a shoot date yet, which is why we sent them a blank contract. Of course, if we knew the shoot date we would have included the date. However, we will be filming there on episode 102 (shoots August 19th thru 23rd). Three prep days, ONE shoot day and one strike day. Exact date TBD. At this location there will be no more than 12 days of filming.

5. Replace roof by Mar Vista roofers to specifications from before shoot.

Has production agreed to replace the roof, and if so, do you want to commit to Mar Vista roofers? Do you have a pre-negotiated cost for this, and if so, do you know if it will cover full replacement of the roof under Mar Vista’s pricing (if you have agreed to use them)?

This is still in negotiation between the location department and home owner.

6. Exterior shots only, interior shots need to be a separate contract.

Has production agreed to this?  We typically use a different contract for exterior only, but we can use this one since changes have already been made, I will just tweak.

Yes, production has agreed to this.

 

Thanks,

 

Megan

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4

 

 

From: Fussell, Megan Sent: Friday, August 09, 2013 11:19 AM To: Courtney Wieden; Allen, Louise Cc: Neale Fishback; Barnes, Britianey; Zechowy, Linda; Chris Lee Subject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment

Hi Courtney,

 

I will get any comments to you by noon.

 

Thanks

 

From: Courtney Wieden [mailto:[email protected]] Sent: Friday, August 09, 2013 9:26 AM To: Allen, Louise Cc: Neale Fishback; Barnes, Britianey; Fussell, Megan; Zechowy, Linda; Chris Lee Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch - USE THIS attachment

Megan,

Any notes on the legal end? This is a very time sensitive issue.

Thanks,

Courtney

On Aug 9, 2013, at 9:13 AM, "Allen, Louise" <[email protected]> wrote:

I corrected a typo I made so use this version.

 

Thanks!

 

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5

From: Allen, Louise Sent: Friday, August 09, 2013 12:11 PM To: 'Neale Fishback' Cc: Courtney Wieden; Barnes, Britianey; Fussell, Megan; Zechowy, Linda; Chris Lee Subject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch

See my revisions to paragraph 5 as indicated below.  I also inserted a new paragraph 11 with the indemnity exclusion added but this paragraph is subject to approval from Legal. 

 

The additional changes requested pertain to Legal/business issues.

 

Thanks,

 

Louise

 

From: Neale Fishback [mailto:[email protected]] Sent: Friday, August 09, 2013 11:51 AM To: Allen, Louise Cc: Courtney Wieden; Barnes, Britianey; Fussell, Megan; Zechowy, Linda; Chris Lee Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard Welch

Attached is our agreement in a Word Doc. Please insert your revisions. Thank you!

On Fri, Aug 9, 2013 at 8:23 AM, Allen, Louise <[email protected]> wrote:

Please always reference the name of the vendor in the subject line of the emails as that is how we track the agreements.

 

If you send us the agreement in word form, we can insert our revisions.

 

Here are the responses from Risk Mgmt …

 

lallen
Pencil
lallen
Pencil
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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 1

LOCATION AGREEMENT

_Richard Welch___________________________________________________ (“Grantor”), in entering into this agreement (the “Agreement”) hereby grants to Remote Broadcasting, Inc._____________________________________ and its representatives, employees, contractors, agents, independent producers, officers and agents, (herein collectively referred to as “Producer”) and such other parties as it may authorize or designate, permission to enter upon, use, and by means of film, tape, videotape or any other method, to photograph the property, including the interiors and exteriors of all buildings, improvements, and structures thereon and the contents thereof, located at: ____________________________________________________________________________ (the “Property”) in connection with the production of scenes for the above-referenced television program, (the “Program”), which permission includes the right to bring and utilize thereon personnel, personal property, materials, and equipment, including but not limited to props and temporary sets; the right to make mention of the Property within the context of the storyline of such Program; the right to recreate the Property elsewhere, whether accurately or otherwise, for the purposes of photographing same; and the unlimited right to exhibit any and all scenes photographed or recorded at and of the Property throughout the world and in all media, now known or unknown. The undersigned hereby waives any and all rights of privacy, publicity, defamation, or any other rights of a similar nature in connection with the above. 1. The above permission is granted for one or more days as may be necessary, commencing on or about the __________ day of _____________, the exact date to depend on the weather and shooting schedule, and shall continue until completion of all scenes and work required on the Property in connection with the Program. The permission herein granted shall include permission to re-enter the Property for the purpose of making added scenes and retakes, at the rate set forth below, on a pro-rata basis. 2. Producer, its successors, assigns and licensees shall own all rights of every kind in and to all video and sound recordings, motion pictures or photographs made, recorded and/or developed in and about the Property, in any and all media now known or hereafter devised or discovered, throughout the world in perpetuity, including the irrevocable right to use any such recordings, motion pictures or other photographs of the said premises and Property, including the name, logo or identification of said Property, in the advertising, publicity and promotion, of the Program, and Producer’s productions, without further payment or permission of any kind. Neither Grantor nor any tenant or other party now or hereafter having an interest in the Property shall have any right of action against Producer or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory or untrue in nature, and Grantor, any tenant and any other party now or hereafter having an interest in the Property hereby waives any and all rights of privacy, publicity or any other rights of a similar nature in connection with Producer’s exploitation of any such photography and/or sound recordings. 3. In full consideration of the Grantor entering into this Agreement and for all rights granted to Producer hereunder, Producer shall pay Grantor the following sums: Prep: ____________ per day ($_____________) Shoot: ____________ per day ($_____________) Strike: ____________ per day ($_____________) TOTAL LOCATION FEE $_______________. 4. Grantor acknowledges and understands that Producer is relying upon its consent and agreement herein contained in the preparation, production and exhibition of the Program and this consent and acknowledgment is given to Producer as an inducement to proceed with such preparation and production on the Property. 5. Producer shall use reasonable care to prevent damage to the Property and will indemnify Grantor and hold Grantor harmless against any liability and loss which Grantor may incur by reason of the death or injury of any person or persons or property damage resulting directly from any act of negligence on Producer’s part in connection with use of the Property as provided hereunder, except if due to the negligence or willful misconduct of Grantor. Producer shall provide Grantor, prior to the use of the Property, evidence of commercial general liability insurance with limits of One Million Dollars ($1,000,000) adding Grantor as an additional insured party thereon.

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 2

6. Grantor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein; that the Property is not now represented by a location service or any individual in connection with the filming of motion picture photoplays or television programs; and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein. 7. After Producer has completed its work at the Property, including all necessary restoration, if any, Producer shall be deemed to have fully and properly vacated the Property and shall be relieved of any and all obligations in connection with the Property unless Grantor, within five (5) business days after Producer leaving the Property informs Producer in writing of any damage to the Property and/or restoration not completed to Grantor’s satisfaction. Unless such timely notice is given to Producer, Grantor hereby agrees to promptly sign and deliver to Producer the release attached hereto as Exhibit A, and incorporated herein by this reference. 8. The rights and remedies of Grantor in the event of any breach by Producer of this Agreement shall be limited to Grantor’s right to recover damages, if any, in an action at law. In no event shall Grantor be entitled to terminate or rescind this Agreement or any right granted to Producer hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, or exploitation of the Program, or any parts or elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith. 9. Producer shall have no obligation to use the Property or include the Property in the Program. If Producer elects not to use the Property for filming or any other purpose prior to Producer using the Property, which Producer shall have the absolute right to do, then Grantor shall not be entitled to any compensation, and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. 10. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles, County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of this Agreement.

11. Producer shall obtain and pay for all permits and licenses required for its production activities and shall indemnify Grantor for any claims arising from Producer’s failure to obtain such required permits and licenses, except if due to the negligence or willful misconduct of Grantor.

ACCEPTED: GRANTOR ACCEPTED: PRODUCER Date:_______________________________ Date:________________________ By: ______________________________ By: ________________________ ____________________________________ ____________________________________ Please Print Name Please Print Name ____________________________________ Address ____________________________________ Title________________________________ City and State ____________________________________ Zip Code ___________________________________ Social Security Number or Federal I.D.

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PRODUCTION TITLE Date: ________________________

H:/Location Agreement 11/11 3

EXHIBIT A

LOCATION RELEASE

Re: _________________ (the “Program”) Ladies/Gentlemen: In connection with that certain location agreement entered into between Grantor and _________________________ (Producer) regarding the Program, Producer was granted the right to enter upon Grantor’s property located at _______________________________________________________________________ (the “Property”) in connection with the filming of the Program. Grantor acknowledges that Producer has fully vacated the property, without damage thereto, and/or has restored the property to Grantor’s satisfaction, and Grantor hereby releases Producer, its parents(s), subsidiaries, licensees, successors, related and affiliated parties and their officers, directors, employees, agents, representatives and assigns (individually and collectively the “Producer Indemnitees”), from any and all claims, demands, actions, causes of action, suits, contracts, promises, damages, judgments, obligations and liabilities of every kind which Grantor or Grantor’s successors and assigns, ever had at any time in the past, now has or hereafter may have against the Producer Indemnitees, whether known or unknown, due to any cause based upon, arising from or relating to the filming done by Producer utilizing Grantor’s Property. Grantor and Grantor’s successors and assigns hereby waive any and all benefits and rights accruing by reason of the provisions of California Civil Code Section 1542, as presently in effect or hereafter amended, which now provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

and also waive the provisions of all statutes and principles of common law, if any, of the State of ___________ that may govern this release and are comparable, equivalent or similar to Section 1542. Very truly yours, _________________________________ (Signature) _________________________________ (Print) _________________________________ (Date)

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1

Allen, Louise

From: Allen, LouiseSent: Friday, August 09, 2013 11:24 AMTo: 'Neale Fishback'; Courtney WiedenCc: Barnes, Britianey; Fussell, Megan; Zechowy, Linda; Chris LeeSubject: RE: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE - Richard

Welch

Please always reference the name of the vendor in the subject line of the emails as that is how we track the agreements. If you send us the agreement in word form, we can insert our revisions.  Here are the responses from Risk Mgmt …  

Paragraph 5, the word “negligence” should be deleted. In the event the Producer causes damage or injury as a result of any of its actions, then Producer should indemnify us for any and all such damages OK to delete “of negligence” but phrase “, except if due to the negligence or willful misconduct of Grantor.” should be inserted at the end of the sentence. Producer should also be responsible for obtaining and paying for all necessary permits and licenses relating to its shooting and should indemnify us for any claims against the failure by Producer to obtain such required permits and licenses Again, the phrase “, except if due to the negligence or willful misconduct of Grantor.” should be inserted at the end of the new indemnity wording.

We defer to Legal/production on the other matters. Thanks, Louise  

From: Neale Fishback [mailto:[email protected]] Sent: Thursday, August 08, 2013 9:07 PM To: Courtney Wieden Cc: Barnes, Britianey; Fussell, Megan; Allen, Louise; Zechowy, Linda; Chris Lee Subject: Re: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE Richard Welch (home owner)

On Thu, Aug 8, 2013 at 5:50 PM, Courtney Wieden <[email protected]> wrote: Looping in our Locations Dept. They can answer this for you.

On Thu, Aug 8, 2013 at 5:39 PM, Barnes, Britianey <[email protected]> wrote:

Hi Courtney – Who is the grantor?

 

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2

Britianey Barnes

Sr. Analyst | P. 310.244.4241 | F. 310.244.6111

[email protected]

 

From: Courtney Wieden [mailto:[email protected]] Sent: Thursday, August 08, 2013 4:09 PM To: Fussell, Megan; Allen, Louise; Zechowy, Linda; Barnes, Britianey; Au, Aaron Subject: GOLDBERGS: Goldberg House Location Agreement - TIME SENSITIVE

Please find attached the location agreement for our Goldberg House.

It is a blank location agreement (since we don't know our shoot dates/tech scouts yet) and the house owners looked at it to make their notes/requests. Owners notes are listed below.

Please let me know if you have any questions as this is a time sensitive matter (owner leaves town tomorrow).

Thanks in advance for your help,

--

Courtney Wieden

Associate Producer

THE GOLDBERGS 10202 W. Washington Blvd.

David Lean Bldg., Ste. 310

Culver City, CA 90232

310/244-3434 office 310/244-0558 fax

---------- Forwarded message ---------- From: Elisabeth Welch <[email protected]> Date: Thu, Aug 8, 2013 at 12:52 PM Subject: FW: Comments/Questions on Location Agreement

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3

To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, Rich Welch <[email protected]>

Hi Chris and Neale,

Here are some of the things we thought would be important for the contract. If you have any questions, my husband's cell number is (213) 550-9659 and my number is (949) 378-5064. Thank you,

Elisabeth

1. Would like Producer to agree that our actual address, family name and any personal pictures will be not appear in any aired footage.

2. Can we get some cap on the number of days that the Producer will film? Also, Producer should provide us reasonable notice of when it intends to shoot at our property. We would like any continued filming after first season to be a new contract.

3. Paragraph 5, the word “negligence” should be deleted. In the event the Producer causes damage or injury as a result of any of its actions, then Producer should indemnify us for any and all such damages

4. Producer should also be responsible for obtaining and paying for all necessary permits and licenses relating to its shooting and should indemnify us for any claims against the failure by Producer to obtain such required permits and licenses

5. Replace roof by Mar Vista roofers to specifications from before shoot.

6. Exterior shots only, interior shots need to be a separate contract.

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PRODUCTION TITLE Date: ________________________

cation Agreement 11/11 1

LOCATION AGREEMENT

____________________________________________________ (“Grantor”), in entering into this agreement (the “Agreement”) hereby grants to _____________________________________ and its representatives, employees, contractors, agents, independent producers, officers and agents, (herein collectively referred to as “Producer”) and such other parties as it may authorize or designate, permission to enter upon, use, and by means of film, tape, videotape or any other method, to photograph the property, including the interiors and exteriors of all buildings, improvements, and structures thereon and the contents thereof, located at: ____________________________________________________________________________ (the “Property”) in connection with the production of scenes for the above-referenced television program, (the “Program”), which permission includes the right to bring and utilize thereon personnel, personal property, materials, and equipment, including but not limited to props and temporary sets; the right to make mention of the Property within the context of the storyline of such Program; the right to recreate the Property elsewhere, whether accurately or otherwise, for the purposes of photographing same; and the unlimited right to exhibit any and all scenes photographed or recorded at and of the Property throughout the world and in all media, now known or unknown. The undersigned hereby waives any and all rights of privacy, publicity, defamation, or any other rights of a similar nature in connection with the above. 1. The above permission is granted for one or more days as may be necessary, commencing on or about the __________ day of _____________, the exact date to depend on the weather and shooting schedule, and shall continue until completion of all scenes and work required on the Property in connection with the Program. The permission herein granted shall include permission to re-enter the Property for the purpose of making added scenes and retakes, at the rate set forth below, on a pro-rata basis. 2. Producer, its successors, assigns and licensees shall own all rights of every kind in and to all video and sound recordings, motion pictures or photographs made, recorded and/or developed in and about the Property, in any and all media now known or hereafter devised or discovered, throughout the world in perpetuity, including the irrevocable right to use any such recordings, motion pictures or other photographs of the said premises and Property, including the name, logo or identification of said Property, in the advertising, publicity and promotion, of the Program, and Producer’s productions, without further payment or permission of any kind. Neither Grantor nor any tenant or other party now or hereafter having an interest in the Property shall have any right of action against Producer or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory or untrue in nature, and Grantor, any tenant and any other party now or hereafter having an interest in the Property hereby waives any and all rights of privacy, publicity or any other rights of a similar nature in connection with Producer’s exploitation of any such photography and/or sound recordings. 3. In full consideration of the Grantor entering into this Agreement and for all rights granted to Producer hereunder, Producer shall pay Grantor the following sums: Prep: ____________ per day ($_____________) Shoot: ____________ per day ($_____________) Strike: ____________ per day ($_____________) TOTAL LOCATION FEE $_______________. 4. Grantor acknowledges and understands that Producer is relying upon its consent and agreement herein contained in the preparation, production and exhibition of the Program and this consent and acknowledgment is given to Producer as an inducement to proceed with such preparation and production on the Property. 5. Producer shall use reasonable care to prevent damage to the Property and will indemnify Grantor and hold Grantor harmless against any liability and loss which Grantor may incur by reason of the death or injury of any person or persons or property damage resulting directly from any act of negligence on Producer’s part in connection with use of the Property as provided hereunder. Producer shall provide Grantor, prior to the use of the Property, evidence of commercial general liability insurance with limits of One Million Dollars ($1,000,000) adding Grantor as an additional insured party thereon. 6. Grantor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein; that the Property is not now represented by a location service or any individual in connection

lallen
Pencil
lallen
Callout
, except if due to the negligence or willful misconduct of Grantor.
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PRODUCTION TITLE Date: ________________________

cation Agreement 11/11 2

with the filming of motion picture photoplays or television programs; and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein. 7. After Producer has completed its work at the Property, including all necessary restoration, if any, Producer shall be deemed to have fully and properly vacated the Property and shall be relieved of any and all obligations in connection with the Property unless Grantor, within five (5) business days after Producer leaving the Property informs Producer in writing of any damage to the Property and/or restoration not completed to Grantor’s satisfaction. Unless such timely notice is given to Producer, Grantor hereby agrees to promptly sign and deliver to Producer the release attached hereto as Exhibit A, and incorporated herein by this reference. 8. The rights and remedies of Grantor in the event of any breach by Producer of this Agreement shall be limited to Grantor’s right to recover damages, if any, in an action at law. In no event shall Grantor be entitled to terminate or rescind this Agreement or any right granted to Producer hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, or exploitation of the Program, or any parts or elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith. 9. Producer shall have no obligation to use the Property or include the Property in the Program. If Producer elects not to use the Property for filming or any other purpose prior to Producer using the Property, which Producer shall have the absolute right to do, then Grantor shall not be entitled to any compensation, and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. 10. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles, County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of this Agreement. ACCEPTED: GRANTOR ACCEPTED: PRODUCER Date:_______________________________ Date:________________________ By: ______________________________ By: ________________________ ____________________________________ ____________________________________ Please Print Name Please Print Name ____________________________________ Address ____________________________________ Title________________________________ City and State ____________________________________ Zip Code ___________________________________ Social Security Number or Federal I.D.

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PRODUCTION TITLE Date: ________________________

cation Agreement 11/11 3

EXHIBIT A

LOCATION RELEASE

Re: _________________ (the “Program”) Ladies/Gentlemen: In connection with that certain location agreement entered into between Grantor and _________________________ (Producer) regarding the Program, Producer was granted the right to enter upon Grantor’s property located at _______________________________________________________________________ (the “Property”) in connection with the filming of the Program. Grantor acknowledges that Producer has fully vacated the property, without damage thereto, and/or has restored the property to Grantor’s satisfaction, and Grantor hereby releases Producer, its parents(s), subsidiaries, licensees, successors, related and affiliated parties and their officers, directors, employees, agents, representatives and assigns (individually and collectively the “Producer Indemnitees”), from any and all claims, demands, actions, causes of action, suits, contracts, promises, damages, judgments, obligations and liabilities of every kind which Grantor or Grantor’s successors and assigns, ever had at any time in the past, now has or hereafter may have against the Producer Indemnitees, whether known or unknown, due to any cause based upon, arising from or relating to the filming done by Producer utilizing Grantor’s Property. Grantor and Grantor’s successors and assigns hereby waive any and all benefits and rights accruing by reason of the provisions of California Civil Code Section 1542, as presently in effect or hereafter amended, which now provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

and also waive the provisions of all statutes and principles of common law, if any, of the State of ___________ that may govern this release and are comparable, equivalent or similar to Section 1542. Very truly yours, _________________________________ (Signature) _________________________________ (Print) _________________________________ (Date)