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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

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Transcript of Property Hire Agreement Form - support.jjmedia.com€¦  · Web view“Production” means the...

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.

Interpretation

1.1

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.

1.3

A 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.

1.4

A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.5

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.6

Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.7

A 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.

1.8

A reference to writing or written includes e-mail.

1.9

References to clauses are to the clauses of this Agreement.

2.

Location Hire

2.1

Subject 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);

2.1.3

to make such changes, additions and/or alterations to the Location as have been pre-approved by the Owner in writing (but not otherwise); and

2.1.4

to 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.

2.2

The 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.

2.4

In 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 Owners written request at any time.

2.5

The 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 Obligations

3.1

The Owner undertakes that it:

3.1.1

is 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; and

3.1.2

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 indemnity

4.1

The Client:

4.1.1

shall 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;

4.1.3

shall

4.1.3.1

ensure 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 Clients use of the Location (including, for the avoidance of doubt, the House Rules);

4.1.3.3

take 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;

4.1.3.4

conduct 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;

4.1.3.5

leave the Location in a clean and tidy condition and to remove the Clients 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; and

4.1.3.7

to use all reasonable care to prevent damage to the Location;

4.1.4

acknowledges that:

4.1.4.1

the 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;

4.1.4.2

the Owner retains control, possession and management of the Location and the Client has no right to exclude the Owner from the Location; and

4.1.4.3

the 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.

4.2

During 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).

4.3

The 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.

4.4

Unless 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.

Damage

5.1

The 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.

5.2

Should 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 Fees

6.1

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.

6.2

The 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:

6.3.1

shall be payable in pounds sterling;

6.3.2

are 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.

Cancellation

7.1

By 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.

7.2

The Client acknowledges and confirms that the cancellation fee set out in clause 7.1 is reasonable and proportionate to mitigate the Owners 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.

Confidentiality

9.1

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:

9.1.1

is 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;

9.1.4

is independently developed by the receiving party, which independent development can be shown by written evidence; or

9.1.5

is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

9.2

Each 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 Liability

10.1

Nothing in this Agreement excludes or in any way limits either partys liability:

10.1.1

for death or personal injury caused by its own negligence; or

10.1.2

for fraud or fraudulent misrepresentation.

10.2

Subject to clause 10.1:

10.2.1

the 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; and

10.2.2

the 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 Termination

11.1

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 Clients 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.

11.4

Without 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;

11.4.2

the 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;

11.4.3

the 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;