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;