Assignment Rights: You must have the right to license, assign and transfer your rights under the Agreement. Other items you can find in site agreements: Checklist for locations, parking lots, power sources, etc. Representation of the owner: The agreement must include a statement from the owner that he owns the property or that he has received the approval of the owner and that he has the power to grant all rights under the agreement. Keep in mind that someone who only rents out a property may not have this kind of authority. Getting permission from a tenant may not protect you from a lawsuit filed by the landlord. Indemnification: Indemnification is a promise to cover the losses of another party. Site agreements sometimes include the obligation to indemnify the owner for certain types of legal claims and damages. Suppose there is a broken staircase on the property and someone gets injured while you shoot. If you have promised to compensate the owner against third-party claims, you may end up on the hook if the injured person sues the owner for negligence. If the landlord insists on a indemnification provision, you must add an exception, also known as a ”carve-out,” for claims arising from the owner`s negligence or willful misconduct. A 6-page location agreement that covers all aspects between the production company and the filming location.
Permission to enter and register ownership: This is the core of any site agreement. You should have the right to enter the property and take pictures. The agreement must specify the location, as well as the dates and times you will be recording. It may also include a provision that allows you to return to the property for additional admission if necessary. No obligation to use: You should not be obliged to use the images and material filmed on site. You should have the sole discretion to determine how to use the recordings. Right to use recordings: The agreement must specify how you will use the recordings. Are the recordings used for a specific project? In which media are the recordings used? Where are the photographs exhibited or exhibited? A broad concession of rights could include the right to freely broadcast, exhibit and exploit recordings in all its forms, throughout the universe, permanently and in any production. A location agreement is a document that allows entry into private property for the purpose of recording content, whether you are filming, photographing or taking photos. Location agreements must be signed by the owner or their legal representative, even if they allow you to use their property for free. Ownership of records: The agreement must state that you are the owner of the records.
Logos and Trademarks: A location agreement may include permission to register trademarks, trade names, trademarks, and logos of the owner that are visible on the property. Accidental or background-related inclusion of trademarks and logos may not require permission from the owner, but you should contact your legal counsel on a case-by-case basis. So what should you do now? If you need location sharing, contact a production lawyer to create one for you. Considerations: ”Considerations” means that the Agreement is valid even if each party signs a different copy. In other words, each party can sign separately (even in different places), and the agreement is binding once all parties have signed. Counterparty language is very common and is often added to ensure that a facsimile or electronic copy is as effective as an original copy. Entire Agreement: This type of provision, also known as a merger or integration clause, states that the document is the entire agreement of the parties in this matter. Make sure that the agreement exactly and fully meets all your expectations, because once you have signed an agreement with this type of provision, you can no longer rely on previous promises or agreements between you and the owner. Injunction: In a location agreement, the owner`s right to an injunction can be discussed.
Injunction (also known as an equity claim) is a type of court order known as an injunction that requires a defendant to take (or refrain from) a specific action. For example, a court could order you to stop exhibiting or distributing your recordings, which can put you in a worse situation than if the landlord were only entitled to financial relief. Intellectual property of third parties: Site contracts may rely on the intellectual property of third parties (d. h. not be in the possession of the owner of the property), which may be included in your records. For example, if you are filming a painting, you may need to get permission from the copyright owner of that painting to include it in your film. Property Representation: An owner may require that you present the property in a positive light or include a prohibition on depicting the property in a way that would damage the reputation of the property or owner. This compromises your ability to use your own footage if the owner is not satisfied with the footage for any reason. Public notice for people in the area who know you`re filming Notice of publication to the crowd or passers-by who appear in your movie Image Review: An owner may request the right to review the footage before sharing it with the public. This could slow down or even stop your production, especially if you intend to use the recordings for multiple projects.
Compensation: To be valid, a contract must have some element of consideration – an exchange of value between the parties. The consideration usually takes the form of a payment, but can also include other forms of remuneration, including, for example, the possibility of publicity associated with the appearance of your project. Alternative Dispute Resolution (”ADR”): It may sometimes be beneficial to include an alternative dispute resolution provision in the press release. .