i. The Client (being the Company or the Client in this agreement) and the Owner (being the Owner or the Location Owner in this agreement) agree that Pineapple Locations Ltd (being the Agent or Pineapple Locations in this agreement) shall have no liability whatsoever to either of them under this agreement arising out of the Location by the Company or any other matter connected with the Shoot.
ii. The agreement between the Client and the Owner sets out the terms and conditions by which the Client will be permitted to use areas in and around the Location for filming/photography for the Production.
iii. The Owner guarantees and confirms that it is exclusively entitled to grant the Client the filming facilities and that no further consents are necessary.
iv. Daily rates are calculated on a ten hour continuous working day for stills shoots and a twelve hour continuous working day for film and TV shoots.
v. Prep days, Strike days and Reinstatement days at the Location shall be charged at 50% of the agreed daily rate.
vi. The total fees shall be paid in full to the Agent prior to the start date. If for any reason this cannot be done, temporary payment terms must be agreed before the booking of the location with the Agent and Owner. Any further fees payable by the Client to the Owner in respect of any overtime shall be paid direct by the Client to the Agent at the agreed overtime rate within 7 working days following completion of the Production/Shoot. The Owner reserves the right to refuse the Client access to the Location unless and until the total fees have been paid in full accordance with Terms of Payment.
vii. Any additional extras, refreshments or catering requested by the Client should be paid to the Location Owner on the day or invoiced to the Client (by prior arrangement) after the Shoot.
Outstanding fees are subject to interest at 2.5% per month above the Lloyds Bank plc base rate.
viii. Once the Client has confirmed the booking with the Agent (verbally or in writing) and subsequently wishes to cancel the Agent must be made aware of this as soon as possible. Cancellation of a booking up to 5 working days before the start date incurs a charge of 50% of the total fees, made by the Owner to the Client. Cancellation of a booking within 2 working days of the start date shall be charged at 100% of the total fees.
ix. The above fee is in full and final settlement and no further sums shall be due to the Owner in respect of the Company’s use of the material in any form.
x. The term of this agreement may be extended for any further period that the Owner may permit for the completion of the Production/Shoot.
xi. The Client shall have the right to:
- Enter the Location and make use of it as may be required during the Dates of the Shoot including in particular the right to rehearse and film scenes of the principal photography of the productions and to take stills and photographs for use either in publicity book publishing or merchandising thereafter.
- Represent the Location as being another real place or a fictional place according to the requirements of the story of the Production but shall not disclose its real name or location, except with the prior consent of the Owner.
- Be under no obligation to use the material that is filmed and/or photographed on Location or to provide any screen/printed credit to the Owner.
xii. In the event of unforeseen and wholly exceptional circumstances (including fire, flooding, epidemic, government requirements or other events of force majeure) which are beyond the control of the Client or the Agent and which would prevent the use of the Site for the Shoot the Client shall be entitled to cancel this agreement by notice in writing and in such event neither the Owner nor the Agent shall be liable for any loss or damage suffered by the Client however the Owner shall be entitled to a refund of any fees paid in advance.
xiii. In the event that the Client is unable to commence or complete the Shoot on or within the Dates of the Shoot due to inclement weather conditions (or otherwise) the Client may request either an extension or a rescheduling of the Dates of the Shoot in order to complete the necessary filming/photography. This is by mutual consent of the Client and the Owner and at a level of total fees no less favourable to the Owner than the total fees previously agreed.
xiv. Pineapple Locations does not accept liability and shall not be held responsible for any cancellations or disputes between the Client and the Owner arising out of this agreement or use of the Location and the Client and the Owner acknowledge that the Agent shall not be so liable.
xv. The Client undertakes and agrees to the following:
- All floors at the Location must be protected from tripod legs and light stands in default of which the full cost of any repairs required to be undertaken to the floors shall be met by the Client.
- All floors at the Location must be appropriately protected and in the event that any floor is damaged the Client agrees to reimburse the Owner the full cost for any such repair or replacement.
- No stiletto heels can be worn at the Location unless agreed beforehand with the Owner.
- All arrangements with regards to smoking, drinking and eating must be agreed in advance by the Client with the Owner.
- The use of the telephone at the Location is not permitted without the prior consent of the Owner.
- No property belonging to the Owner can be used for set dressing without the prior consent of the Owner.
- The Client agrees to inform the Owner should any additional lighting be required for the purposes of filming and if required by the Owner undertakes to pay for the use of any such additional lighting at the rate of £1 per kilowatt per hour.
- If the Location is left unattended for any period then the Client shall ensure that the Location is left properly secured and doors locked.
- No floors, walls or ceilings at the Location shall be marked in any way without the prior consent of the Owner.
- The Location must be left cleaned, tidy and in good order and restored to its original state prior to the Shoot. If this is not the case the Client agrees that it shall be responsible for any loss or damage directly arising from its use of the Location and agrees to reimburse the Owner for any costs incurred for the cost of professional cleaning.
- The Client shall not be deemed to have vacated the Location until the Location is fully cleared of all equipment and personnel used in connection with the Location to the reasonable satisfaction of the Owner. If any property is left at the Location then the Owner shall be entitled to make a charge until such property has been removed (due to the fact that it may prevent others from making use of the Location).
xvi. The Client on signing this agreement accepts that the Location is suitable and/or fit for the purposes required for the Production/Shoot. The client should visit the Location before the shoot to ensure it is comfortable that the Location is suitable and/or fit for the purposes required for the Production/Shoot and no responsibility cannot be accepted by the Owner or without prejudice to paragraph (i) above, or for any changes in the Location from the library images.
xvii. Where neighbouring residents and businesses may be affected by filming we advise that the Client uses a qualified Location Manager to oversee access, permissions and any parking arrangements. At least 48 hours written warning notice is recommended to any potential residents or businesses who may be affected.
xviii. Prior to the Shoot both the Client and the Owner shall thoroughly inspect the Location together and the Client shall take all reasonable precautions necessary to prevent accidents and injuries to anyone using the Location during the Dates of the Shoot.
xix. The Client will indemnify the Owner against all actions, proceedings, costs, claims and demands against the Owner in respect of death or personal injury and/or loss and/or damage to the property arising directly or indirectly from the activities in connection with the Production/Shoot.
xx. The Client will provide adequate insurance for its crew and in particular for Public Liability Insurance and shall provide evidence of this insurance if so requested by the Owner and Agent.
xxi. The Client will pay all fees and charges due to any authority to enable the Client to use the Location for the Shoot provided that the Owner has notified the Client of the requirement for any such consents and charges prior to the signing of this agreement.
xxii. The Client shall not allow on Location any persons who are not directly employed by him/her without the written consent of the Agent or Owner.
xxiii. Unless otherwise agreed with the Owner no animals shall be allowed on the Location.
xxiv. When child models are involved in a Shoot there shall be no more than one supervising adult per child.
xxv. The Client shall not make any structural or decorative alterations to the Location without the prior written consent of the Owner and shall use the Location only for the purpose of the Shoot as set out in the agreement.
xxvi. The Client shall remove and properly store any furniture which is required to be removed from the Location for the purposes of the Shoot and shall make good any damage caused to any such furniture during removal or storage.
xxvii. Where the Client has confirmed a Location for more than one day arrangements for storing any property and belongings used in connection with the Shoot must be made in advance with the Owner. When such storage is permitted the Owner’s property must be packed and stored and comply with specific storage instructions from the Owner. Any property belonging to the Client is left on Location entirely at the Owner’s own risk.
xxviii. The Client shall undertake all reasonable measures in order to protect the intellectual property rights of artists and/or designers of items at the Location. This may be a piece of furniture or artwork where the artist and/or designer still retains the copyright. In the event that the Client wishes to remove any such item(s) from the Location this shall solely be done under the direction of the Owner.
xxix. The Client agrees that the material filmed and/or photographed on Location will not be used in a manner that may bring the Owner into disrepute or be defamatory of them.
xxx. The images in the Agent’s location library are the copyright of Pineapple Locations and may be used for reference purposes only. Unauthorised use or publication of any image in full or part in any way for financial or personal gain is forbidden. This applies to images on the website or taken during recces organised by Pineapple Locations.
xxxi. All Location details and information must remain confidential and not be passed onto third parties for any other purpose than for the confirmed Shoot/Production.
xxxii. Subsequent bookings and enquiries regarding the hire of Locations introduced by the Agent must continue to be made exclusively through Pineapple Locations. Pineapple Locations reserves the right to initiate legal proceedings to recover any losses caused by a breach of these terms.
xxxii. In respect of covid 19
The owner confirms that, to the best of its knowledge, no person with covid-19, or who is displaying covid-19 symptoms, has been at the Location during the 14 days period ending on the date the Shoot commences;
The Client will ensure that no person with covid-19, or who is displaying covid-19 symptoms, will be present at the Location during the Shoot or at other times as part of the Client’s use of the Locations and will ensure that each person so attending the Location will complete a copied-19 declaration (the form of which can be obtained from the Agent);
If either the Owner or the Client becomes of any breach of the above paragraphs, it shall promptly inform the other party, (copying the Agent);
The client shall ensure that the Location is subject to a professional “covid-19” cleaning and decontamination once it has finished the Shoot.
This agreement shall be governed by and construed in accordance with English law and the parties hereto agree to the exclusive jurisdiction of the English courts in respect of any matter or dispute arising out of this agreement.