LOCATION SHOOT AGREEMENT
LOCATION SHOOT AGREEMENT
This agreement is made between:
_____________ [studio name], Inc. (Producer) and _______________ (Owner) as of ______ [date] .
1.Permission:
Owner hereby irrevocably grants to Producer (and its successors, assigns, licensees, employees, agents, independent contractors, and suppliers, all of whom are included in the term "Producer" for the purposes of entry upon and use of the Property) permission to enter upon, photograph, record, and use the Property (either accurately, simulated, in combination with other sets and/or locations and/or otherwise) for the periods set forth in Paragraph 4 below, and to bring all necessary personnel, equipment, and temporary sets onto the Property, for the purpose of making still and motion pictures and sound recordings of, on and/or about the Property.
2.Property:
"Property" means that certain real property located at and described as follows:
Description:
Address:
City/State/Zip:
(including all exterior areas of the Property and for the interior is limited to entry way and first floor up to dining room and certain personal property [furniture and fixtures, as agreed upon by Producer and Owner] located in, on and/or about the Property and Owner's logo, trademark, or slogan, as depicted in, on, and/or about the Property.)
3.Scope of Use:
Producer shall have the right to use the electricity, gas, water, and other utilities on the Property as is reasonably proportional to the scope of this agreement.
4.Dates:
The Property shall be available for use by Producer on and only on _____________[date(s)] To Shoot [project name]
5.Fees:
As complete and full payment for all of the rights granted to Producer hereunder, Producer shall pay to Owner the total amount of $______.00" payable in full upon the commencement of photography on the Property.
6.A. Facilities:
Producer agrees to remove all equipment and temporary sets after completion of its use of the Property and to restore the Property to the same condition as when entered upon by Producer, and such restoration to be done to owners satisfaction. Signs on the Property may be removed or changed, but if removed or changed such signs shall be
replaced. Producer will use reasonable care to prevent damage to the Property and will indemnify Owner for any damage resulting from use of the Property by Producer, and such indemnification will be done no later than _______________ [date]. Producer agrees to maintain liability and property damage insurance in the amount of $1 million covering the use of the Property by Producer in customary and adequate levels.
6.B. ASSUMPTION OF RISKS AND LIABILITY RELEASE:
By entering or using property, Producer assumes all risks associated with entering or using of this site. Owner shall not be liable for any damages or losses of any kind (general, special, incidental or consequential damages, including, without limitation, lost revenues or lost profits) resulting from the use or misuse of Property.
ASSUMPTION OF RISKS:
Producer warrants it is a professional organization with experience in filming on location and is aware that filming on location involves various risks, dangers and hazards. Producer acknoledges knowing ahead of time Owner does not maintain any liabitliy or home owner's insurance.
Producer is AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH filming on location AND FREELY ACCEPTS AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
6.C. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of owner permitting Producer to enter and use property for the purposes of this agreement, Producer hereby agrees as follows:
6.c.1. TO WAIVE ANY AND ALL CLAIMS Producer has or may in the future have against the Owner AND TO RELEASE THE Owner from any and all liability for any loss, damage, expense or injury, including death, that Producer may suffer as a result of entering or using Property, DUE TO ANY CAUSE WHATSOEVER
6.c.2. TO HOLD HARMLESS AND INDEMNIFY THE Owner from all liability for any property damage, loss, or personal injury to any third party resulting from Producer's entering and/or using Property.
7.Force Majeure:
If because of illness of actors, director, or other essential artists and crew, weather conditions, defective film and/or equipment, and/or any other occurrence beyond Producer's control, Producer is unable to start work on the date designated above and/or work in progress is interrupted during use of the Property by Producer, Producer shall have the right to use the Property at a later date to be mutually agreed upon and/or to extend the period set forth in Paragraph 4, with the payment of additional fees to Owner in accordance to paragraph 5.
8.Rights:
All rights of every kind and nature whatsoever in and to all still and motion pictures and sound recordings made hereunder in connection with use of the Property by Producer shall be and remain the sole and exclusive property of Producer, including, without limitation, the perpetual and irrevocable right and license to use and re-use said photography and/or said sound recordings in connection with ________ [project name], and in connection with advertising, publicizing, exhibiting, and exploiting such ________ [project name], in any manner whatsoever and at any time in any part of the universe. Neither Owner nor any other party now or hereafter claiming an interest in the Property and/or interest through Owner shall have any right of action againt Producer or any other party arising from or based upon any use or exploitation of said photography and/or sound recordings, whether or not such use is or is claimed to be defamatory, untrue, or censurable in nature as long as such use is restricted to said ________ [project name].
9.Usage:
Producer is not obligated actually to use the Property or to include any of said photography and/or said sound recordings in any motion picture. Owner may not terminate or recind the permission granted to Producer hereunder to use and photograph the Property. In the event of any claim by Owner against Producer, whether or not material, Owner shall be limited to Owner's remedy at law for damages, if any, and Owner may not enjoin, restrain, or interfere with use of the Property as "provided in the Agreement or with the advertising, publicizing, exhibiting, or exploitation of said photography and/or said sound recordings or any of Producer's rights hereunder. Owner agrees that the Property is a primary location for use by Producer as part of the photography of a motion picture, and that any interference with use thereof by Producer shall cause Producer substantial monetary and other damage which can not be adequately compensated in an action at law for damages.
Accordingly, without limiting any other right or remedy of Producer, Owner agrees that Producer shall be entitled to injunctive and other equitable relief to prevent any interference with use of the Property by Producer hereunder.
10.Owner's Warranties:
Owner represents, warrants, and agrees that:
A. Owner is the sole and exclusive legal owner of the
Property and has the full right, power, and authority
to grant Producer the rights granted to Producer
hereunder.
B. Owner will take no action nor allow, permit, or
authorize any third party to take any action which
might interfere with Producer's full use and quiet
enjoyment of the Property in accordance with the
terms hereof.
C. Owner will pay all taxes and timely do all other acts
as are required to maintain the Property in useable
condition for all uses by Producer contemplated
hereunder.
Owner agrees to indemnify and hold Producer harmless from and against any and all claims, demands, liabilities, and expenses (including, without limitation, reasonable attorneys fees and costs) arising from or in connection with any breach of any of Owner's representations, warranties, or agreements set forth herein. (Contingent upon producer acquiring all required authorizations by home owners association.)
11.Miscellaneous:
This Agreement is the entire agreement of the parties with respect to the subject matter hereof and cannot be modified or cancelled except by written instrument signed by both parties.
This Agreement shall be interpreted in accordance with the laws of the state of: ____________ [State] pertaining to agreements made and preformed in ____________ [State] and the courts located in ____________ [State] shall have the jurisdiction over all disputes hereunder. Owner acknowledges that it has not entered into this Agreement in reliance upon any representation (written or oral, express or implied) of Producer not contained herein. Owner agrees that Producer may assign this Agreement and its rights hereunder to any third party. This Agreement shall incure to the benefit of and be binding upon the party's respective successors, licensees, and assigns. Paragraph headings are for convenience only and are of no legal force or effect whatsoever.
In Witness Whereof, the parties have signed this Agreement as of the date set forth above.
Owner:
____________________
Producer:
____________________