Property Hire Agreement Form

Thank you for your booking.

Client

Address:

Owner/Location

Address:

Shoot Details

Reference

Date(s)/times

Location Fee

Overtime

Payment Terms Payment due within 30 days

Type of Shoot

Set Building/Large Props

Yes No

Areas Required

Size of Crew

Location House Rules

Owner Sign Here:Name:Date:

Client Sign Here:Name:Date:

This Agreement is made on the Effective Date between the Owner and the Client.

It is hereby agreed:1.

Interpretation1.1

The definitions and rules of interpretation in this clause apply in this Agreement.

“Agreement” means the Shoot Details Form and these Terms and Conditions.

"Authorised Personnel" means those employees, officers, consultants or

contractors of the Client or any Group Company of the Client who are

authorised by the Client to enter the Location.

“Booking Fee” means the booking fee set out in the Shoot Details Form payable

by the Client to the Owner.

"Business Day" means a day other than a Saturday, Sunday or public holiday in

England when banks in London are open for business.

“Client” means the person or persons specified on the Shoot Details Form.

“Commencement Date” means the date set out in the Shoot Details Form on

which the Client requires the Location to commence the Production.

"Confidential Information" means all confidential information (however recorded

or preserved) disclosed by a party or its employees, officers, representatives

and advisers, to the other party and that party's employees, officers,

representatives and advisers after the date of this Agreement in connection with

the business, affairs, customers, clients or suppliers of the other party including

but not limited to:

a) the terms of this Agreement;

b) any information that would be regarded as confidential by a reasonable

business person relating to:

i. the business, affairs, customers, clients, suppliers, plans, intentions, or market

opportunities of the disclosing party (or of any member of the group of

companies to which the disclosing party belongs); and

ii. the operations, processes, product information, know-how, designs, trade

secrets or software of the disclosing party (or of any member of the group of

companies to which the disclosing party belongs).

“Costs” means any additional costs incurred by the Client during the Hire Period

including, but not limited to, staff costs, parking or transport fees, electricity,

agreed between the Owner and the Client;

“Damage Deposit” means the damage deposit (if applicable) set out in the

Shoot Details Form payable by the Client.

“Designated Hours” means the hours specified on the Shoot Details Form

during the Hire Period.

"Effective Date" means the date on which the Client indicates acceptance of the

Agreement by clicking the “I agree and confirm” button.

“End Date” means the date set out in the Shoot Details Form on which the

Client shall cease to require the Location for the Production.

“Fees” means the Location Fee.

“Group” means in relation to a company, that company, any subsidiary or

holding company of that company and any subsidiary of a holding company of

that company.

“Group Company” means in relation to a company, any member of its Group.

“Hire Period” means the period starting on the Commencement Date and

ending on the End Date or such later date as may be agreed in writing.

“House Rules” means the house rules set out in the Shoot Details Form.

“Location” means all or part of the house(s), apartment(s), warehouse(s), hotel(s)

or any other venue identified as the location on the Shoot Details Form.

“Location Fee" means the location fee set out in the Shoot Details Form payable

by the Client to the Owner, together with any additional fee agreed between the

Client and the Owner in respect of an extension of the period of hire of the

Location beyond the End Date agreed between the Client and the Owner.

“Owner” means the person, firm or company providing the Location and

identified as the owner in the Shoot Details Form.

“Permitted Usage” means the permitted usage set out in the Shoot Details

Form.

“Production” means the film shoot, photography shoot or other event described

in the Shoot Details Form.

“Shoot Details Form” means the form titled ‘shoot details form’, to which these

Terms and Conditions are attached.

“VAT” means value added tax chargeable under the Value Added Tax Act 1994.

“Website” means the website on which details and imagery of the Location is

made available and hosted by JJ Media Group, and managed by the Owner. 1.2

Clause headings shall not affect the interpretation of this Agreement.1.3A person includes an individual, corporate or unincorporated body (whether or

not having separate legal personality) and that person's legal and personal

representatives, successors or permitted assigns.1.4A reference to a company shall include any company, corporation or other body

corporate, wherever and however incorporated or established.1.5Unless the context otherwise requires, words in the singular shall include the

plural and in the plural shall include the singular.1.6Unless the context otherwise requires, a reference to one gender shall include a

reference to the other genders.1.7A reference to a statute or statutory provision is a reference to it as it is in force

as at the date of this Agreement. A reference to a statute or statutory provision

shall include all subordinate legislation made as at the date of this Agreement

under that statute or statutory provision.

1.8A reference to writing or written includes e-mail.1.9References to clauses are to the clauses of this Agreement.2.

Location Hire2.1Subject to the payment by the Client of the Fees and the other terms and

conditions of this Agreement, the Owner shall hire the Location to the Client for

the Hire Period during the Designated Hours in common with the Owner and all

others authorised by the Owner (so far as not inconsistent with the rights given

to the Client to use the Location for the Permitted Usage) and permit the Client

during the Hire Period to:2.1.1

enter (together with its Authorised Personnel), photograph, film, record and have

exclusive use of the Location;2.1.2

to bring all necessary equipment, sets and/or vehicles on to the Location and to

store/park the same at the Location as reasonably required (provided this has

been pre-approved by the Owner);2.1.3to make such changes, additions and/or alterations to the Location as have

been pre-approved by the Owner in writing (but not otherwise); and2.1.4to refer to the Location by any fictitious name and to attribute any fictitious

event(s) as occurring at the Location as the Client may require,

in each case, strictly in connection with the Permitted Usage.2.2The Client shall abide, and shall procure that its Authorised Personnel shall

abide, by the House Rules during the Hire Period.2.3

The Client shall not be entitled to refer to the Location by its true name nor

identify the Owner in or in connection with the Production.2.4In relation to the Authorised Personnel, the Client undertakes that it shall

maintain a written, up to date list of current Authorised Personnel and provide

such list to the Owner within one Business Days of the Owner’s written request

at any time.

2.5The Client shall use all reasonable endeavours to prevent any unauthorised

access to, or use of, the Location and, in the event of any such unauthorised

access or use, promptly notify the Owner.3.Owner Obligations3.1The Owner undertakes that it:3.1.1is the sole and exclusive owner or representative of the Location and has the full

right, power and authority to grant the Client the rights granted under this

Agreement; and3.1.2

will take no action nor allow or permit or authorise any third party to take any

action which might interfere with the Client's full use and quiet enjoyment of the

Location in accordance with this Agreement (save as set out otherwise in this

Agreement).4.Client Obligations and indemnity4.1The Client:4.1.1shall comply with all applicable laws and regulations with respect to its activities

under this Agreement;4.1.2

accepts that the Location as seen by the Client or an authorised representative

of the Client, or as described on the Website or in any materials provided in

advance of the Effective Date to the Client, is suitable for the Production;4.1.3shall

4.1.3.1ensure that the Location is not used by the Client (or those authorised by it) for

any purpose whatsoever other than the Permitted Usage in connection with the

Production (any additional usage being subject to the prior written approval of

the Owner);4.1.3.2

observe any rules and regulations the Owner makes and notifies to the Client

from time to time governing the Client’s use of the Location (including, for the

avoidance of doubt, the House Rules);4.1.3.3take all reasonable measures according to best practice in activities of a similar

nature to secure the safety of all persons attending or otherwise connected with

the Production;4.1.3.4conduct its activities at the Location in a proper and orderly manner, ensuring

that no unreasonable inconvenience or annoyance by noise or otherwise is

caused to the owners or occupiers of adjoining or neighbouring property;4.1.3.5leave the Location in a clean and tidy condition and to remove the Client’s

equipment and goods from the Location on or before the End Date;4.1.3.6

ensure that any material filmed/photographed on Location will not be used in a

manner that may bring the Owner and/or the Location into disrepute or be

defamatory of them; and4.1.3.7to use all reasonable care to prevent damage to the Location;4.1.4acknowledges that:4.1.4.1the Client shall occupy the Location during the Hire Period as a licensee and

that no relationship of landlord and tenant is created between the Owner and

the Client by this Agreement;

4.1.4.2the Owner retains control, possession and management of the Location and the

Client has no right to exclude the Owner from the Location; and4.1.4.3the licence to occupy granted by this Agreement is personal to the Client and is

not assignable and the rights given in this clause 4 may only be exercised by the

Client and its Authorised Personnel.4.2During the Hire Period, the Client shall, at its own expense, maintain public

liability insurance (which must include property damage insurance) to adequate

and customary levels covering its use of the Location (providing evidence of that

insurance if so requested by the Owner).4.3The Owner shall be entitled to have an authorised representative present at all

times during the Client's activities at the Location, who shall be entitled to refuse

admission to the Location or remove any person who has acted unreasonably,

caused a nuisance to the Location or acted in breach of this Agreement and has

not corrected such behaviour and/or cured such breach upon reasonable

notice.

4.4Unless caused by the breach, gross negligence or wilful misconduct of the

Owner, the Client will indemnify the Owner against all loss, damage, actions,

proceedings, costs, claims and demands suffered by or against the Owner in

respect of personal injury to any person and/or loss/damage to the Location or

the contents of the Location arising out of the activities in connection with the

Production or otherwise.5.Damage5.1The Client shall leave the Location in the same state of repair (save for

reasonable wear and tear) in which it found it and agrees to be responsible for

any loss or damage arising from its use of the Location (including but not limited

to damage requiring repairs, replacement of furniture or fittings lost or damaged,

a deep clean), on a full indemnity basis, provided that the Owner shall have

submitted to the Client a detailed list of any and all Location damage that the

Owner reasonably believes the Client (or its Authorised Personnel) has caused

within two Business Days (excluding the last day of the Hire Period) after

completion of the Client's use of the Location.5.2Should the Owner give notice that the Client has not left the Location in a good

state of repair in accordance with clause 5.1, the Owner shall authorise the

Client's representative(s) entry onto the Location within one Business Day of the

Owner's submission of such detailed list to inspect and assess such damage

and the Client shall be given the opportunity to either correct any such damage

or make restitution to the Owner's satisfaction in a timely manner.

6.

Fees, Payment and Deposit Fees6.1

The Client shall pay the Damage Deposit (if applicable) and Fees in accordance

with the payment terms set out in the Shoot Details Form. The Client shall pay

the Damage Deposit (if applicable) and Fees to the Owner in respect of the

Damage Deposit and Fees.6.2The Damage Deposit (if applicable) is a deposit against any loss or damage

caused to the Location and/or the contents of the Location arising out of the

activities in connection with the Production or otherwise during the Hire Period.

If the Client causes any loss or damage to the Location, the Owner shall be

entitled to apply the Damage Deposit against such loss or damage. The Damage

Deposit (or balance thereof) shall be refundable within five (5) Business Days of

the end of the Hire Period.6.3

All Fees, Costs, Damage Deposit and other amounts stated or referred to in this

Agreement:6.3.1shall be payable in pounds sterling;6.3.2are exclusive of VAT, which shall be added at the appropriate rate; and

6.3.3

shall be paid in full without any set-off, counterclaim, deduction or withholding

(other than any deduction or withholding of tax as required by law).6.4

If the Client fails to make any payment due under this Agreement by the due

date for payment, then the Client shall pay interest on the overdue amount from

the due date until actual payment of the overdue amount, whether before or

after judgment. Interest under this clause will accrue each day at the rate from

time to time determined by the Late Payment of Commercial Debts (Interest) Act

1998.7.Cancellation7.1By making a reservation with the Owner and entering into this Agreement, the

Client accepts and agrees that, subject to clauses 11.2 and 11.3, the Location

Fee is non-refundable from the Effective Date onwards. For the avoidance of

doubt, this means that, subject to clauses 11.2 and 11.3, any cancellation of this

Agreement on or after the Effective Date will be subject to a 100% cancellation

fee.7.2The Client acknowledges and confirms that the cancellation fee set out in clause

7.1 is reasonable and proportionate to mitigate the Owner’s loss of opportunity

to re-market the Location for hire to another party.8.

Proprietary Rights

Subject to the Client's compliance with the payment terms set out herein, the

Owner acknowledges and agrees that the Client shall be the sole and exclusive

owner of the entire copyright and all other rights of every kind in and to the

products of the Client's photography, filming and recording at the Location for

the Permitted Use in the Production (but not otherwise) and the advertising,

publicising, exhibiting and exploiting of the Production by any manner or means

(whether now known or hereafter devised) in any and all media throughout the

universe for the full period of copyright, including all extensions, revivals and

renewals of such rights and thereafter (insofar as is or may become possible) in

perpetuity.9.Confidentiality9.1

Each party may be given access to Confidential Information from the other party

in order to perform its obligations under this Agreement. A party's Confidential

Information shall not be deemed to include information that:9.1.1is or becomes publicly known other than through any act or omission of the

receiving party;9.1.2

was in the other party's lawful possession before the disclosure;9.1.3

is lawfully disclosed to the receiving party by a third party without restriction on

disclosure;9.1.4is independently developed by the receiving party, which independent

development can be shown by written evidence; or9.1.5is required to be disclosed by law, by any court of competent jurisdiction or by

any regulatory or administrative body.9.2Each party shall hold the other's Confidential Information in confidence and,

unless required by law, not make the other's Confidential Information available

to any third party, or use the other's Confidential Information for any purpose

other than the implementation of this Agreement.9.3

Each party shall take all reasonable steps to ensure that the other's Confidential

Information to which it has access is not disclosed or distributed by its

employees or agents in violation of the terms of this Agreement.10.

Limitation of Liability10.1

Nothing in this Agreement excludes or in any way limits either party’s liability:10.1.1for death or personal injury caused by its own negligence; or10.1.2for fraud or fraudulent misrepresentation.10.2Subject to clause 10.1:10.2.1the Owner shall not be liable whether in tort (including for negligence or breach

of statutory duty), contract, misrepresentation, restitution or otherwise for any

loss of profits, loss of business, loss of reputation, depletion of goodwill and/or

similar losses or loss or corruption of data or information, or pure economic

loss, or for any special, indirect or consequential loss, costs, damages, charges

or expenses however arising under this Agreement; and10.2.2the Owner's total aggregate liability in contract, tort (including negligence or

breach of statutory duty), misrepresentation, restitution or otherwise, arising in

connection with the performance or contemplated performance of this

Agreement shall be limited to the total Fees received by it under this Agreement.10.3

In the event of any claim by the Owner against the Client, whether or not

material, the Owner shall be limited to a remedy at law for damages, if any, and

save as otherwise expressly provided hereunder, the Owner shall not be entitled

to enjoin, restrain or interfere with the production, advertising, publicising,

exhibiting or exploitation of all or any part of the material filmed/ photographed

hereunder or any of the Client's rights pursuant to this Agreement.11.

Term and Termination11.1

This Agreement shall commence on the Effective Date and shall continue until

the end of the Hire Period (the “Term”), unless the Client notifies the Owner of

termination in writing during the Term or unless otherwise terminated as

provided in this clause 11 or clause 12 (Force Majeure). For the avoidance of

doubt, and subject to clauses 11.2 and 11.3, should the Client terminate this

Agreement on written notice on or after the Effective Date, the Fees shall be

non-refundable.11.2

In the event that the Client terminates the Agreement in accordance with clause

12.2 (Force Majeure) at any time, the Location Fee shall be refunded in full. For

the avoidance of doubt.11.3

In the event that the Location is unavailable for any reason, the Owner shall

advise the Client of the same and shall endeavour to allocate an alternative

location to the Client, subject to the Client’s prior written consent. In the event

that an alternative location is not found, the Owner may terminate the

Agreement and refund the Location Fee in full without any further liability to the

Client.11.4Without affecting any other right or remedy available to it, the Owner may

terminate this Agreement with immediate effect by giving written notice to the

Client if:11.4.1

the Client fails to pay any amount due under this Agreement on the due date for

payment;11.4.2the Client commits a material breach of any other term of this Agreement which

breach is irremediable or (if such breach is remediable) fails to remedy that

breach within a period of two Business Days after being notified in writing to do

so;

11.4.3the Client suspends, or threatens to suspend, payment of its debts or is unable

to pay its debts as they fall due or admits inability to pay its debts or is deemed

unable to pay its debts within the meaning of section 123 of the Insolvency Act

1986;