This Location Agreement and Release is between a production company and the owner of property where a motion picture will be filmed. This agreement sets out the identities of the parties, the property where shooting will take place, the rights given by property owner and the payment for use of the property. This Location Agreement and Release also releases production company from any suits or claims of action resulting from the motion picture shoot.
This Location Agreement (the “Agreement”) made and entered into this ____ day of ________, 20______, by and between __________________________________________________ of _________________________________________________________ (“Production Company”) and ________________________________________________________________________ of _____________________________________________________________ (herein referred to as “Owner”).
Owner hereby irrevocably grants the Production Company to enter and remain upon and to use the following property: __________________________________________________________ (the “Property”), including all interior and exterior areas, buildings and other structures situated in the Property and any other identifying features associated therewith or which appear in, on the Property for the purpose of filming, photographing and recording the Premises in connection with the following motion picture ______________________________ _______________________________________.
This Agreement shall commence from the date above written and shall continue for a period of __________months (herein referred to as “Term”). The term may be extended or changed at the discretion of the Production Company if there are changes in the production schedule or other unforeseen delays and shall continue until the completion of all scenes and work required.
Grant of Rights
Owner hereby grants the following rights to Production Company:
(i) Any and all rights in and to the films, photographs and recordings made by Production Company on the Property shall vest with the Production Company. The Production Company, reserves the right to exhibit, advertise, promote and otherwise exploit such films, photographs and recordings or any portion thereof in any and all media whatsoever now known or later devised.
(ii) Right to film, photograph, reproduce and replicate the Property, including the exterior and interiors, the name, trademark, signs, and identifying features present on the Property. The Production Company shall have the right, but not the obligation, to photograph film and use in the film, photograph and recording the actual name, if any, connected with the Property or to use any other name for the Property.
(iii) Right to bring any personnel and any equipment onto the Property and to remove the same after completion of its use from the Property.
In consideration of the rights granted hereunder, the Production Company agrees to pay the Owner a total sum of $_________________________. This amount is payable on completion of all filming, photographing and recording on the Property.
Production Company may at any time cancel using the Property by giving Owner ______ days’ written notice, in which case neither party shall have any obligation hereunder.
Ownership of Property
Owner represents and warrants that he is the owner and he is authorized to grant Production Company the permission and rights granted in this agreement, and that no one else’s permission is required. The Production Company acknowledges and agrees that Owner shall retain all ownership rights to the Property.
Ownership in Photographs or Film
Any and all rights in and to the photography, film, videotapes, and recordings made hereunder, shall be owned by Producer, and the Owner shall not have any right of action against Producer or any other party arising out of any use of such photography, film, videotapes and recordings, whether or not such use is or may claim to be defamatory, untrue or censurable in nature.
Upon obtaining prior written consent from the owner, Production Company may make any necessary changes, alterations or rearrangement of any equipment or fixtures on the Property. Upon termination of this Agreement, the Production Company shall return and restore the Property to its original condition, or repair it, if necessary.
Production Company shall indemnify and hold Owner harmless from and against any and all liabilities, damages and claims of third parties arising from Production Company’s use hereunder of the Property and from any physical damage to the Property proximately caused by the Production Company, or any of its employees, representatives or agents.
Owner hereby releases and discharges the Production Company, its employees, agents, licensees, successors and assigns from any and all claims, demands or causes of action that Owner may have or may later have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the rights granted herein
This Agreement shall be governed and construed in accordance with the laws of the State of ______________________. Any dispute, controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance or the breach thereof, shall be resolved in and adjudicated in the Courts of the State of ____________________.
This Agreement contains the entire understanding of the parties relating to the subject matter hereof and incorporates all previous discussions and understandings between the parties. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both the parties.
If any provision of this agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this agreement that can be given effect without the invalid provisions or application, and to this end, the provisions of this agreement are declared severable.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
ACKNOWLEDGED AND AGREED BY:
CITY, STATE, ZIP: ______________________________
PHONE NUMBER: _____________________________
ACCEPTED AND AGREED TO:
PRODUCTION COMPANY’S SIGNATURE