Owners contract
(Terms and conditions for property owner)
1. Definitions
1.1. These terms and conditions are the contract between You, the Property owner, and Locations4Shoots regarding our appointment as your agent to negotiate on your behalf the use of your property. In these Terms and Conditions the following definitions mean:
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“Client”
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means a third party wishing to use the Property for a location shoot (Services)
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“Charges”
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means the price paid by the Client for the provision of the Property for the Services.
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“Commission”
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means 20% of the hire charges plus VAT or such additional taxes or duties as are due to be paid
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“Property”
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means the Property the details of which are completed by you on the Registration Form
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“Services”
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Means the advertising of the Property for use as a location for a Client, to negotiate the use of the Property with the Client as a photographic location for film, television, advertising or the visual media.
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“Shoot”
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Means the time and dates upon which the Client will use the Property
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“Web Site”
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www.locations4shoots.co
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2. Price and Payment
2.1. Payment of the charges will be made direct to us from which we will deduct 20% commission.
2.2. When the first booking is made we will also charge a one-off registration fee of £250 + VAT (if applicable) which will be deducted from the charges.
2.3. In the event that the Client does not pay the charges for whatever reason we will not be liable to you for payment. However we will use all reasonable endeavours to ensure that the charges are paid and/or collected.
2.4. In the unlikely event that you take a booking directly from any client who has been introduced or referred to you by us, the commission will be due within 14 days of you receiving our invoice.
2.5. Payment of any sums due to us by you shall be made in pounds sterling or Euros in the amount set out in any invoice rendered by us to you.
2.6. Any outstanding sums due to Us will carry interest in accordance with the Late Payment of Debts legislation.
3. Our Obligations
3.1. We will provide the Services with reasonable skill and care in accordance with industry practise
3.2. We will advertise the Property for use as a location to Clients on our Web Site and in other suitable media at our discretion.
3.3. Once you have registered with us, we will add photographs and details of the Property on our Web Site.
3.4. Please note that advertisement of the Property on our Web Site does not guarantee that the Property will be selected as a location.
3.5. We will not advertise the address of the Property; but the location generally.
4. Your Obligations
4.1. You agree to make the property
4.1.1. available to the Client for the Shoot on the dates agreed
4.1.2. to take deliveries, collections if a booking is taken.
4.1.3. you will be compliant with all laws, statute, by laws and rules
4.2. You agree the you will ensure that the property is in a suitable condition for use by the client
4.3. The there will be no hindrance upon the access to the property by the client during the shoot
4.4. That you will vacate the property during the shoot if requested to do so.
4.5. You agree to notify us if there are any major changes, structural, decorative, or aesthetic to the property and that you will also let us know if the property is sold.
4.6. You agree that we may contact you by e-mail to the e-mail address provided, please make sure the email address you have given us is always up to date as you will be deemed to have received any correspondence from us to that address.
5. Liability and Insurance
5.1. We will not be liable to you for any loss or damage you suffer as a result of the acts of the client on your property.
5.2. Our liability for any loss you suffer arising under these Terms and Conditions or in respect of any booking shall not be more than the commission.
5.3. Nothing in theses Terms and Conditions will limit or exclude our liability for death or personal injury caused by our negligence or for any losses you suffer as a result of fraud or dishonesty on our behalf.
5.4. Please note that it is your responsibility to ensure that adequate insurance cover is in place. For instance you may ask the client for evidence that they have public liability insurance. However, we would strongly advise that you take out your own policy to cover any loss or damage arising from filming or photography at the property.
6. Cancellation
6.1. If You have agreed to accept a booking and that booking is subsequently cancelled by you, you will be liable to us for a cancellation fee equal to the commission we would have charged had the booking gone ahead.
6.2. If a booking is made by a Client, for the use of the Property, and it is then subsequently cancelled, we will not be liable to you for any lost fees. We regret that in these circumstances it is normally difficult to obtain payment.
7. General Terms
7.1. By accepting these Terms and Conditions you confirm that you are the legal owner of the property and that you are therefore entitled to enter into these Terms and Conditions with us.
7.2. You accept that we are entitled to publish details of the Property and that we may use photographs of the property in our photo library and on our Web Site. If a booking is taken, you accept that we will negotiate a fee on your behalf. By accepting these Terms and Conditions you confirm that you have read the FAQ’s/[guidance notes and that you will follow, as far as possible, the guidance and advice in those notes.
7.3. These Terms and Conditions are personal to the Parties and no Party may assign mortgage charge (otherwise than by floating charge) or license any of its rights hereunder or sub-contract or otherwise delegate any of its obligations hereunder except with the written consent of the other Party.
7.4. These Terms and Conditions contains the entire agreement between the Parties and may not be modified except by an instrument in writing signed by the authorised representatives of the Parties and each Party acknowledges that, in entering into these Terms and Conditions it does not do so in reliance of any representation warranty or other provisions, except as expressly provided herein, and any implied warranties are hereby excluded to the fullest extent permitted by law provided that these shall not exclude any liabilities which each Party would otherwise have to the other in respect of any statements made fraudulently by that Party prior to the Commencement Date.
7.5. Notwithstanding that the whole or part of any provision of these Terms and Conditions may prove to be illegal or unenforceable, the other provisions and the remainder of the provision in question will remain in full force and effect.
7.6. No relaxation forbearance delay of indulgence by any Party in enforcing any of the terms of These Terms and Conditions or the granting of time by one Party to the other shall prejudice affect or restrict the rights and powers of that Party in relation to the other nor shall any waiver by any Party of a breach of These Terms and Conditions be considered as a waiver of any subsequent breach of the same or any other provision.
7.7. Each Party shall from time to time do all such acts and execute all such documents as may be reasonably necessary in order to give effect to the provisions of These Terms and Conditions.
7.8. A person who is not a Party to this Agreement has not right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
7.9. This Agreement shall be governed by English Law and English Jurisdiction
7.10. The Parties shall bear their own costs of an incidental to the preparation execution and implementation of These Terms and Conditions.
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