Standard terms and conditions for filming on council property

(FL5-01)

2.0 PAYMENT OF LICENCE FEE and other charges

2.1 Payment terms for the principal fee are prior to shooting: an additional charge of 10% of the fee will be levied on all late payments. The facility fee is not subject to VAT. Other charges will be invoiced after the shoot day and payment terms on such invoices are 14 days from the date of issue.

2.2 In addition a security bond of (minimum) £2000.00 must be deposited with the Licensors prior to the commencement of shooting (if this is in the form of a cheque time must be allowed for the cheque to clear before shooting): this will be returned in full within seven days of completion of filming provided that the Licensees have fulfilled all its obligations under the terms of this licence.

2.3 Should it be necessary for the Licensees to return to complete filming or other recording processes, they will be allowed to do so on terms no less favourable to either party than those contained in this licence and at a mutually convenient time and date(s) to be agreed.

2.4 The Licensees agree to pay for all outgoings such as gas, electricity or water charges that are in addition to that used by the Licensors during the period of preparation, shooting and re-instatement. All such charges will attract VAT at the appropriate rate.

Should the production require use of local 3-phase power, the Licensors’ contract electrician will need to be on site to check electrics at a cost of £50+VAT/per day.

N.B. Telephone charges are omitted from this as there is to be no use of the Licensors’ land-line at the location.

2.5 The Licensees will also agree to pay for any additional staff time to that normally occasioned at one and a half times the normal rate plus VAT during the week and at twice the normal rate plus VAT at all other times.

2.6 Should the Licensees’ occupation of the location exceed the agreed period they shall become liable for an additional charge for every additional hour or part thereof that they remain at the pro rata rate plus 50% or £75.00 /hour whichever is the greater.

2.7 The Licensors may determine the Licence at any time without notice or redress by the Licensees if it appears to them that the Licensees have breached any of the terms of this Licence. Such determination is without prejudice to any right of action or remedy by the Licensors in respect of any breach of the terms of this Licence by the Licensee.

2.8 Furthermore, the Licensors reserve the right to forbid any action by the Licensee’s or their contractors which in the reasonable opinion of their staff or agents endangers the safety of personnel on the site, the integrity of the building. It is there fore urged that there is a full disclosure of the Production’s intentions prior to the shoot day. (see 3.5(a) below

2.9 The use of cutting or grinding equipment in the engine houses is strictly forbidden.

3.0 OBLIGATIONS OF THE LICENSEE

General:

3.1 It is the Producer’s personal responsibility to make the entire cast and crew aware of the conditions of this licence and ensure their compliance.

3.2 The Licensees agree to indemnify the Licensors against any loss, liability claim or proceedings of whatsoever nature as a direct result of the Licensees, their employees’ or their contractors’ use of the location under the terms of the Licence, provided that the Licensees are notified of any such claim as soon as it is possible and that they shall have the sole conduct of any proceedings arising from such claim.

3.3 The Licensees should carry a minimum of £5,000,000 (five million pounds sterling) indemnity insurance and furnish proof thereof on request.

3.4 The Licensees are to comply with the Health and Safety at Work Act 1974, the Environmental Protection Act 1990 and all other relevant legislation and to do nothing which compromises the health, safety and welfare of Council employees, tenants or members of the public. In particular,

i. A written Risk Assessment is to be carried out and published in the call sheet. An example is provided: a lesser standard of safety will not be acceptable.

ii. A member of the crew is to be named on the Risk Assessment who will be on location at all times who will have authority to ensure all Health and Safety requirements are enforced.

iii. A nominated representative of the Licensors is entitled to be present at the location at any time. While this person will endeavour to assist the Licensees, the Licensees will act promptly on any directive from them regarding safety or the integrity of the location. The Licensees will fully acquaint the Licensor’s Officer with the subject matter, nature and action of the filming and agree to do nothing that would be prejudicial to the Licensor’s rights or policy.

Care of the Location

3.5 Crews are not permitted to fix equipment or set dressing into any structure

a) The Licensees will be responsible for making good any damage arising from the use of the location at their own expense. Should this not be carried out within 7 days of the final shoot day and to the Licensor’s satisfaction they reserve the right to put the works in hand themselves and charge the production for this.

(i) to leave it in no worse or less tidy condition than existed when they arrived: a penalty of £100 or the cost of the cleaning (whichever is the greater) will be charged should the production fail to clean up areas to a satisfactory standard; this would be in addition to any accidental damage costs.

(ii) secure against unauthorised entry: the production will be responsible for all consesquences of whatsoever nature flowing from any failure to fulfil this obligation

(iii) to remove all items and equipment of whatsoever nature brought onto the premises by the Licensees: storage or disposal charges may be levied should the production leave equipment and/or rubbish behind without prior arrangment. In addition:

a) All set-building is to be listed and agreed in advance with the Licensors’ Officer. This list is to be appended to the licence and forms part of the terms and conditions of the licence. No sets are to interfere with the structure of the building: No lights or other equipment may be hung from roofing trusses. A programme of re-instatement after the filming is also to be agreed with the Officer prior to commencement of any work. Should the Licensees not fulfill the terms of this programme of re-instatement, or make arrangements for it to be done the Licensors will put the work in hand themselves and the Licensees will be liable for the cost thereof.

b) An inventory of all objects belonging to the Licensors on set will be taken before and after filming and their condition noted. The Licensors’ representative and the Licensee’s Designer will sign this. Likewise a schedule of dilapidations of the building will be prepared prior to access of the Film Company and signed by the Licensees’ Construction Manager. Other items belonging to the Licensors not required will be removed by the Licensees and stored in an appropriate place.

c) Any items requiring specialist handling, (in particular, clocks, grand pianos, alarm systems) may only be removed by qualified personnel. The same to the satisfaction of the Licensors will also carry out re-instatement.

d) The alarm system may not be turned off or in any way disabled unless there is a permanent security presence on the premises while it is out of action. If the system is to be disabled a specialist must be used both to achieve this and re-instate afterwards.

e) The Licensors will allow the Licensees to use the (other accesses) for the purpose of bringing equipment to the location on condition that these doors are kept locked at all other times to ensure security of the premises.

f) No objects belonging to the Licensors are to be used on set without the Licensors’ express permission. Any items borrowed are for set dressing only: they must not be used e.g. filled with liquid or food, treated with surface substances or placed near heat or steam. The Licensors’ representative may require the use of gloves when handling them. The Licensees may be required to help in the removing and replacing of objects if necessary.

g) No narrow or spike heeled shoes to be worn at any time on wooden floors. The floor is to be adequately protected at all times. Boards should be used under camera dollies and tripod feet to spread the weight.

h) There is to be an absolute NO SMOKING rule on the location at all times unless this forms part of the action of the scenes filmed, in which case cigarettes etc. are to be extinguished between takes. The use of smoke machines must be cleared with the Licensor’s representatives in advance of the shooting day: in some circumstances water based smoke machines cannot be permitted; oil crackers cannot be used within any building at any time.

i) All areas other than that described as the Location are off limits (in particular the Office and the facilities within it e.g. photocopying and telephone) with the exception of

(i) a tea-room which may be used by the production as a crew room, artist green room or make-up wardrobe area.

(ii) parking for unit vehicles in those parts of the yard that are available and have been designated for the productions use: parking for private cars cannot be guaranteed.

j) Cast and crew may also use designated lavatories at the location.

k) Eating and drinking must be confined to the (designated site) (see above). No food and drink will be consumed elsewhere on the premises save that required by the action of the scenes to be filmed there.

l) All litter is to be bagged, removed from the premises and disposed of responsibly at the end of the shoot or on a daily basis if the shoot is to be longer than two days. The cost of this will be borne by the Licensees.

m) The Licensees will return all keys to the location that may have been issued to the nominated representative at the expiry of this Licence or sooner if it is determined.

3.6 The Licensees are not to cause any inconvenience to the Licensors, their employees or contractors or members of the public. Members of the film unit are to act in a polite and considerate manner at all times. The Licensees undertake to inform residents and businesses in the immediate vicinity of their intentions and to inconvenience them as little as possible.
a) since the location will still be open during the shoot, reasonable access by the public must be maintained, the only exception to this being during an actual take when their co-operation may be enlisted.

b) whereas Council staff will make every effort to help the Film Company, they must be allowed to get on with their routine work.

3.7 The Licensees are to be responsible for the insurance and security of all cameras, equipment and vehicles etc. The Licensors will accept no liability of any kind in respect of the same.

4.0 ACKNOWLEDGEMENT OF THE LICENSEE’S RIGHTS

4.1 The Licensors acknowledge and agree that the full copyright and all other rights of every nature whatsoever in all the film shot, sound recorded and still photographs taken at the location by virtue of this Licence shall belong exclusively to the Licensees and that they shall be entitled to use, reproduce, transmit and exhibit the same in any way, in any media they wish and to exploit the same in any way, in any media they wish throughout the world and to exploit and exhibit the film with or without the scenes photographed and/or recorded at the location and that the Licensors have no right, title or interest of any kind therein.

4.2 The Licensors agree that the Licensees shall have the right to represent the location as any real or fictional place according to the requirements of the story of the Film provided that the London Borough of xxxxx is not identified as such unless permission is sought and expressly given in writing. However a credit in a mutually acceptable form of words is to be given at the end of the film.

4.3 The Licensors agree the Licensees shall have the right to assign the benefit of any part of this License save that of Paragraph 1.1 to any third party.

5.0 NATURE OF THIS LICENCE

5.1 This Licence forms the basis of the agreement between the Licensors and the Licensees. The Licensors will not necessarily agree to sign any other document submitted purporting to cover the filming and in any case this licence will be deemed to supersede any other document relating to the filming signed before or after this in the case of a dispute.

5.2 By signing this Licence the Licensors warrant and represent that they are absolutely entitled to grant the rights granted to the Licensees in this License and that they are free to enter into this agreement and undertake to indemnify the Licensees and keep them fully indemnified against all actions, proceedings, costs, claims damages and demands of whatsoever nature arising in respect of any actual or alleged breach by them of this warranty. The Licensors also confirm that they are familiar with the subject matter of the Film. They undertake that they will not make any claim that is in anyway related to the depiction or other use of the premises in connection with the Film and publicity or merchandising relating thereto against the Licensees or any third party which shall exploit the Film.

Hazard Assessement for Location Filming >

Download full Standard Licence (Word document 188K)