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FILMING AGREEMENT

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FILMING AGREEMENT Powered By Docstoc
					                            FILMING LICENCE


This LICENCE is made on ……………………. B E T W E E N

(1) EASTBOURNE BOROUGH COUNCIL of Town Hall, Grove Road,
   Eastbourne, BN21 4UG (“the Council”) and

(2) ………………………………. (“the Company”) of ……(address)……..

IT IS AGREED AS FOLLOWS:

1      Definitions and Interpretations

In this Licence:

1.1    „Authorised Officer‟ means the Council‟s Press Officer or such other
       duly authorised officer of the Council

1.2    „Fee‟ means the sum calculated in accordance with and as set out in
       Part 2 of the Schedule attached hereto

1.3    „Filming Parking Permit‟ means the document issued by the Council
       authorising permission to park

1.4    „Filming Schedule‟ means such rehearsals, filming, recording and
       stills photography as shall be agreed by the Council prior to the
       Licence Period detailed in Part 1 of the Schedule attached hereto

1.5    „Location‟ means the venue where the Film Schedule takes place

1.6    „Location Manager‟ means the duly authorised representative of the
       Company

1.7    „Licence Period‟ means the period agreed by the parties hereto as
       set out in Part 1 of the Schedule

1.8    „Licence Permit‟ means the numbered document which is issued by
       the Council prior to Filming

1.9    „Filming‟ means the end product which results from films or
       photographs taken as a part of the Filming Schedule

1.10   „Plan‟ means the plan (if appropriate) annexed to this Licence

2      Licence

In consideration of the Fee and subject to all the provisions contained
herein the Council grants to the Company and persons authorised by the
Company a licence to use the Location for the Licence Period


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3      Company’s undertakings

3.1    i) to comply with the Filming Code of Practice and complete the Risk
       Assessment Form both documents being available on the Council‟s
       web-site
       ii) to ensure that the Location Manager has the Licence Permit in his
       possession at all times during the Filming Schedule

3.2    to pay the Fee plus VAT to the Council either in cash or by cheque
       made payable to Eastbourne Borough Council within 30 days of
       receipt of a properly rendered invoice

3.3    in the event of failure by the Company to make payment the
       Council shall be entitled to interest on any payment overdue in
       accordance with the provisions of the Late Payments (Commercial
       Debts) Act 1998 from the date upon which such payment first
       became overdue.

3.4    to permit the Council to photograph any part of the Filming and to
       reserve the right to use such photographs for promotional use only.
       The Council will undertake not to use such photographs until after
       the release date

3.5    to supply to the Council 20-30 seconds of video clip for promotional
       use on the Council‟s web-site. This will not be downloadable and
       shall be for viewing purposes only.

3.6    to use the Location in accordance with the Filming Schedule in
       accordance with Part 1 of the Schedule and for no other purpose
       whatsoever.

3.7    to ensure the Filming does not depict images or contains any
       content that has any connection with death or suicide.

3.8    not to carry out any alterations or works to the Location other than
       those agreed in writing by the Authorised Officer. Any alterations or
       works carried out must, if required by the Council, be fully
       reinstated at the Company‟s cost to the Council‟s satisfaction within
       seven days of the end of the Licence Period.

3.9    not to carry out any activity which may cause nuisance or
       annoyance to persons using the Location or members of the public
       passing by the Location.

3.10   to respect the right of the public to enjoy the use of the Location
       and to keep restrictions to a minimum.

3.11   to indemnify and keep indemnified the Council from and against all
       costs, charges, claims, liability, demands and expenses whether in
       respect of the death or injury of any person or the damage or
       destruction of any property (whether real or personal) howsoever

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       arising as a direct result of the permissions   except such as shall
       arise from the negligence of the Council.

3.12   to maintain a public liability policy in a sum of not less than five
       million pounds (or ten million pounds, if so required) for any one
       occurrence throughout the Licence Period and to supply on demand
       to the Council a copy of the policy and receipt for the premium.

3.13   not to use helicopters, firearms, fireworks or explosives without the
       specific prior written consent of the Council and all other relevant
       consents and permissions relating to such use and which shall be
       obtained by the Company prior to commencing the Filming
       Schedule.

3.14   not to use or permit to be used any musical instrument, wireless
       receiving set, gramophone or any other music player or cause any
       nuisance whatsoever

3.15   to provide all electricity required by means of generators.

3.16   to park all vehicles in the car parks or area allocated for this
       purpose by the Council and not to allow any overnight parking
       without the prior written consent of the Council.

3.17   to ensure that the Authorised Officer is provided with a full list of
       vehicle registration numbers prior to the Licence Period and to
       ensure that all vehicles display a Filming Parking Permit.

3.18   to ensure that the Location is kept clear of litter and that
       arrangements are made for litter collection and disposal. In the
       event of breach of this clause the Company agrees to reimburse the
       Council or its contractors the reasonable costs of carrying out any
       necessary clearance works.

3.19   to the satisfaction of the Council to make good any damage to the
       Location howsoever arising, (unless caused by the Council, its
       servants or agents) whether directly out of the Company‟s use
       and/or caused by the Company‟s negligence, such damage to be
       notified to the Company within fourteen days of the end of the
       Licence Period.

3.20   to ensure adequate fire precautions are undertaken and ensure tht
       such precautions have the prior written approval of the Council.

3.21   to ensure all access is taken through the public access routes
       (unless otherwise agreed with the Council) and that such public
       access routes are not obstructed.

3.22   to obtain any necessary consents from any statutory body and in
       particular to obtain all consents necessary from the relevant Local
       Authority and Police where any part of the Filming Schedule is to
       take place on the public highway.
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3.23   not to do or permit any act, matter or occurrence which would or
       might constitute a breach of any statutory agreement or by-law
       affecting the Location.

3.24   to ensure that all filming and ancillary activities are carried out in
       accordance with the Health and Safety at Work Act 1974 or any
       subsequent or related legislation.

3.25   to ensure the safety of the general public in the film Location area.

3.26   to observe such reasonable rules and restrictions made by the
       Council with regard to the use of the Location and to observe and
       perform the conditions and stipulations set out in the Schedule.

3.27   at the expiry of the Licence Period the Company must vacate the
       Location to the satisfaction of the Authorised Officer. In the event
       that the Location is not satisfactorily vacated an additional fee shall
       become payable by the Company as detailed in Part 1 of the
       Schedule

3.28   to submit the script or storyboard of the Filming to the Council prior
       to Filming Schedule and the Company must not vary the script or
       storyboard in any material way subsequent without written approval
       from the Council.

4      Warranty and Council’s Liability

4.1    The Council does not warrant that the Location is legally or
       physically fit for any specific purpose.

4.2    In the event that a part of the Downlands is to be used for filming
       purposes the Council agree to disclose to the Company any dangers
       of which the Council has actual knowledge.

4.3    Pursuant to Clause 4.1 above the Council gives due warning that
       the chalk cliff edge on the Downlands is subject to crumbling and
       neither persons nor vehicles must approach too close to the cliff
       edge

4.3    The Council shall not be liable for the death or injury to or for
       damage to any property of or for any losses claims, demands,
       actions, proceedings, damages, costs or expenses or other liability
       incurred by the Company or any person referred to in Clause 2 in
       the exercise or purported exercise of the rights granted by this
       Licence, unless caused by the Council, its servants or agents.

5      General

5.1    In the event of the Company breaching or exceeding the permission
       and conditions of this Licence, the Council or the Authorised Officer
       may at the Council‟s absolute discretion terminate this Licence
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      immediately. In the event of termination the Council will retain the
      Fee or such part as is deemed reasonable. The Council will not be
      liable for any additional costs which the Company may incur
      resulting from such termination.

5.2   The benefit of this Licence is personal to the Company and not
      assignable and the rights given in Clause 2 may only be exercised
      by the Company

6     Film Rights

6.1   The Company has the right to represent the Location under their
      property title or any fictional title unless specified in the Special
      Conditions set out in Part 3 of the Schedule (if any).

6.2   The Company is to own all rights to any film, sound recordings and
      photographs made in Location and is authorised to assign, licence
      and/or exploit the same by any means and in all media either now
      known or hereafter devised at its discretion in so far as it relates to
      the Filming but not otherwise.

6.3   The Company may incorporate the scenes of the Location in the
      final version of the Filming either as a sequence on its own, or
      preceded, interlaced or followed by such other scenes as they may
      require (including without limitation scenes of studio sets
      representing for the purpose of the Filming the interior of any
      premises)

6.4   The Company will not use any photographs, films or recordings
      made and/or taken by the Company at the Location nor assign,
      licence and/or exploit the same for any purpose other than in
      connection with the Filming without the prior written consent of the
      Council such.

                             THE SCHEDULE

                                  PART 1

                      (The agreed Filming Schedule)

                                  PART 2

                              The fee shall be

                                  PART 3

I confirm that in signing this Licence I am authorised by the Company to
enter into this Licence and I acknowledge that we are responsible for the
activities of all persons authorised by us to exercise the rights granted in
this Licence whether they be employees, agents, contractors or invitees.


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Signed                ..........................................………………………………………
                on behalf of the Company

Production                                                                             Company:
      ..........................................................................................
Contact
      ..........................................................................................
Address:
      ..........................................................................................

Telephone       ................……………………….....................................
Mobile:         ...................................................………………………..
Fax:                     ....................................................……………………….


Signed
      .................................................................………………
                        on behalf of the Council




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posted:11/19/2011
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