BACKGROUND
The Owner has agreed to make the Property available to the Company during the Licence Period for the Purpose. The parties are entering into this Agreement to set out the terms and obligations agreed between them.
AGREEMENT
In consideration of the Company paying the Owner the Licence Fee, the Owner agrees to allow the Company (and their employees, agents, subcontractors and any other people authorised by the Company) to use the Property as a licensee for the Purpose (and no other purpose without the Owner’s permission) during the Licence Period.
A. OWNER’S OBLIGATIONS
The Owner agrees and confirms as follows:
1. The Owner has the legal right to enter into this Agreement and allow the Company and those authorised above to use the Property without needing anyone else’s permission;
2. The Owner will allow the Company and those authorised as above to access to the Property throughout the Licence Period and will not prevent or obstruct the Purpose;
3. The Owner acknowledges and agrees that the Company will own, without any limitation, all rights, title, interest and copyright whatsoever in any sound, photograph or film recording (the “material”) that the Company its subcontractors, licensees or agents make or record on or using the Property; and that the Company, its subcontractors, licensees or agents can copy, distribute, publish, broadcast, licence, sell or otherwise use or dispose of the material in any way the Company sees fit. The Owner recognises that this may include the Property being represented as a real or fictional place, as part of another property or in a different location;
4. Unless it says otherwise in the Special Conditions the Company can use the power and water supplies serving the Property as part of the Licence Fee.
B. COMPANY’S OBLIGATIONS
1. The Company will take all reasonable and necessary steps to protect the Property and everything belonging to Owner in the Property so that no damage, loss or wear and tear occurs;
2. The Company will keep the Property clean and tidy during the Licence Period;
3. The Company will make sure that items are lifted and not dragged to protect the flooring in the Property. If the Company move any of the Owner’s goods, furniture or furnishings (the “chattels”) to use as props for the Purpose then the Company will ask the Owner’s permission first of all;
4. The Company will not allow smoking on the Property;
5. At the start of the Licence Period the Company will appoint a representative who will be identified to Owner and who will stay on the Property for the entirety of the Licence Period. He or she will be Owner’s liaison point and the Owner should raise any concerns or issue any instructions to the Company via their representative;
6. The Company will indemnify Owner against any liabilities, expenses, losses, claims or proceedings under statue or common law in respect of personal injury and/or death of any person and/or loss or damage to the Property or the chattels caused by any of the Company’s (but not the Owner’s) acts, omissions or default. The Owner must notify the Company of any claims in writing as soon as they come to Owner’s notice. The limit of the Company’s indemnity is shown above and the Company confirms that the Company holds insurance cover for that amount.
7. At the end of the Licence Period the Company will make sure the Property and the chattels have been left in the same condition as they were immediately before the Licence Period commenced (damage or removal by the Owner excepted). If Owner is not happy with their condition at the end of the Licence Period the Owner must let the Company know immediately.
8. If the Owner agrees with the Company to extend the Licence Period then the Company will in addition to the Licence Fee pay the Owner the Overtime Rate for such extended period as the parties agree within five (5) working days of the end of the Licence Period.
C. FURTHER AGREEMENT
1. Upon receipt of an invoice from the Owner addressed to the Company, the Company will pay the Owner the Licence Fee before the start of the Licence Period. The Licence Fee will be paid in full to the Owner by the Company and the Owner’s receipt of the Licence Fee will be the Owner’s confirmation that the Company has paid.
2. The Special Conditions are incorporated into this Agreement.
3. A person who is not party to this Agreement shall have no right to enforce any term of this Agreement.
4. This Agreement shall be governed by and construed in all respects in accordance with English law.
