LOCATION RELEASE
From: [Name and address of production company] (“Producer”)
To: [name and address of owner of premises] (“Owner”)
Date: 200
Dear [____________]
Name of programme: (the Programme”)
We, the Producer, write to confirm the agreement we have made with you, the Owner, Pursuant to which you have agreed to make available to us the following premises (the “Premises” which expression shall include all chattels fixtures fitting and appurtenances of whatever nature in upon or around such premises) namely [specify premises including details of any inventory or special requirements in connection with filming].
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Access to the Premises shall be made available to us for the purpose of filming exterior and/or interior scenes in connection with the Programme on the following sates (the “Availability Period” between the times of “AM/PM”).
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We shall be entitled to access to the Premises as we may require during the Availability Period, it being understood that we may need to return to the Premises at a later date if principal photography and recording is not completed on/during the Availability Date(s)/Periods(s). The dates for our return shall be the subject of good faith negotiations between us. During Availability Period and any return period we shall have the sole and exclusive right to take photographs and make films and/or audio and/or audio-visual recordings upon or around the Premises and no other person shall carry out any activity which in our opinion might conflict with our rights.
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We have explained to you the scenes which are to be filmed in or about the Premises, which may be summarised as follows:
[Describe filming in detail]
By your signature you confirm and agree that you consent to the filming of these scenes and you confirm that you will not make any objection in the future to the Premises being featured in the Programme and you waive any and all right claim and objection of whatever nature relating thereto.
We shall be entitled to represent the Premises under their proper name or under a fictional name.
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We shall be entitled to incorporate in the Programme all films, photographs and recording, whether audio or audio-visual, made in or about the Premises either as a sequence on their own on preceded or interlaced or followed by such other scenes as we may require in our sole discretion.
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We shall own the entire copyright and all other rights of every kind in and to all film and audio and audio-visual recordings and photographs made of in or about the Premises including, without prejudice to the generality of the above, the irrevocable right to use or not to use any and all such film and audio and audio-visual recordings and photographs of any persons employed by you or present on the Premises together with the real name of the Premises or in connection with the Programme and to exploit the Programme by any manner or mean now or hereafter known in any and all media throughout the world for full period of copyright, including all renewals, reversions and extension thereof.
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We shall have the right to assign, licence and/or sub-licence the whole and/or any part of our rights pursuant to this Agreement to any company or individual.
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In full and finally consideration of the rights granted to us under this Agreement we undertake to pay to you the sum of
[EITHER FOR “NO Fee”: £1 (the receipt and adequacy of which is hereby acknowledged and agreed)]
[OR FOR “FEE”: £…..(…..Pounds) + VAT (if applicable) paid on receipt of invoice, once filming has been completed.]
(Please delete whichever of the above, does not apply)
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By your signature hereto, you warrant and represent that the right and permissions granted to us above reside solely with you and that you are free to enter into this Agreement.
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You undertake to indemnify us and keep us fully indemnified from and against all actions, proceedings, costs, claims, damages and demands however arising in respect of any actual or alleged breach or non-performance by you of any or all of your undertakings, warranties and obligations under the Agreement.
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The Agreement shall be governed by and constructed in accordance with the laws of England and Wales, and that parties hereto agree to submit to the exclusive jurisdictions of the courts of England and Wales.
Please signify your acceptance of the above terms by signing and returning to us the enclosed copy.
Yours faithfully
...........................................… ...........................................
Authorised Authorised
for and on behalf of the for and on behalf of the
PRODUCER OWNER
[On Production Company Headed Paper]
FILM/VT CLIP LICENCE
NAME OF PROVIDING COMPANY: ………………………………………………………………………..
TEL NO: ………………………………………………………………………….
TITLE OF PROGRAMME: ……………………………………………………………………………………
DESCRIPTION AND DURATION OF FOOTAGE: ……………………………………………………
Licence Period:
Broadcast rights for all methods of TV transmission now known or hereafter devised, worldwide, forever.
(PLEASE REFER TO YOUR PRODUCTION CONTRACT WITH BSKYB)
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In consideration of the sum of £ …. The receipt of which is hereby acknowledged by the provider, the provider hereby grants ……………………….. (production company) its successors, licensees and assigns the non-exclusive licence to edit, reproduce and incorporate any element of the footage in the programme and any publicity for or promotion of the Programme(s). Accordingly, ………………(production company) shall be entitled for the licence period to authorise the number of broadcasts of the programme including footage in the territory.
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The provider represents and warrants to ………………… (production company) that:
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The provider is the owner of all those rights in the footage assigned to ………………… (production company) under this agreement and that all required rights (including equitable and moral rights, waivers and consents) in respect of same have been obtained.
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The provider has the right to enter into and perform this agreement …………………………..(production company) shall not be liable for any payments to any third party for the exploitation of the rights to the footage licensed to ……………….(production company) under this agreement.
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Nothing in the footage infringes the copyright or other rights of any third party or is defamatory or obscene and there are no claims proceedings or litigation in respect of the footage which may in any way diminish or infringe upon the rights to the footage licensed to ………………………. (production company) under this agreement.
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The provider shall indemnify and save ………………….(production company) harmless from any costs, actions, damages, expenses incurred by …………………….. (production company) by reason of any incorrectness in or breach of the representations and warranties of the provider set out in clause 2.
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This agreement is subject to English law and the parties hereto agree to submit to the exclusive jurisdiction of the English Courts.
Duly signed by copyright holder ……………………………………………………………
Date: ……………………………
[On Production Company Headed Paper]
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