Sample Agreement

SAMPLE -LOCATION AGREEMENT

 
This Agreement shall be between ________ as owner of the premises described herein ("Lessor") and __________ ("Lessee regarding the premises generally described as follows (the "Premises"):

(Specify locations here)

l. Lessor hereby irrevocably grants to Lessee and any agent, licensee and/or assignee of Lessee ("Successor(s)") the right to use (either accurately or with such liberties as Lessee may deem necessary), photograph (including, without limitation, by means of motion picture, still or video device photography), reproduce and/or replicate the Premises, including, without limitation: both the real and personal property, both interior and exterior of the Premises; any address connected with the Premises and any identifying features thereof including the right to photograph, record and use any verbiage contained on the Premises (for the avoidance of doubt, Lessee may not identify or mention the actual name of the Premises, the Lessor or the Archdiocese of New York); the right to refer to the Premises or any paid thereof by any fictitious name, and the right to ath-ibute any fictitious events as occurring on the Premises; and as set forth in Paragraph 9., below. Lessor also irrevocably grants to Lessee and its Successor access to and egress from said Premises with Lessee's personnel and equipment for the purpose of erecting and maintaining temporary motion picture sets, structures and equipment (to the extent required by Lessee), and of photographing said Premises, sets and structures and/or recording sound for such scenes as Lessee may desire located at the Premises in any manner whatsoever.
 

2. Lessor warrants that Lessor is the owner of said Premises, that Lessor is fully authorized   to enter into this Location Agreement and has the dght to grant Lessee the use of said Premises  and each and all of the rights herein granted and that no one else's permission is   required.

 

3. Lessee  may take possession  of said  Premises  on or about _______.  _____and a may continue in possession   thereof until the completion of all photographing and recording for which Lessee may desire the use of said Premises, estimated to require about (total number of days) of photography, and total occupancy of approximately ( total number of days) .  Proposed Hours of use on (specify the agreed date(s) and time frame for each day here). If due to the illness of actors, the director or other essential staff and crew, or weather conditions or any other occurrence beyond Lessee's control, Lessee  is  prevented  from commencing work on the date designated above, the dates and times for  rain  dates  are  as follows :   (dates and times) or in the event of damage or  imperfect film or equipment, then Lessee shall notify Lessor as soon as possible and shall have  the  right to  use  the  Premises  at  a  later  date to  be  mutually  agreed  upon,  without  additional charge, upon the same te1n1s and conditions as set forth herein, including the total numbers of days of occupancy as set forth above.

4.  Lessee agrees to pay for the rights and licenses granted herein (provided the Premises are actually  utilized for photography), and as rental for said  Premise{Z)

 

(Agreed Fee for facility usage)
 

All charges shall be payable on completion of the work contemplated hereunder, unless specifically agreed to the contrary, and the signing by Lessor of a Location Release. Lessor explicitly agrees to execute a Location Release within three (3) business days after the completion of Lessee's use of the Premises as set fo1th above.  Lessee may at any time elect not   to use the Premises in which case neither party shall have any obligation hereunder.
 

5. If Lessee desires to photograph retakes or other scenes, Lessee may re-enter upon and use said Premises for such period as may be reasonably necessary therefore, commencing at any time within six (6) months after completion of principal photography at this location, on date(s) to be mutually agreed upon between the parties, and in such event the above rental rate (pro rata, if applicable) shall apply.

 

6. Lessee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear, force majeure events, and use of said Premises for the purposes herein permitted; and Lessee shall remove all of its sets, structures  and  other material and equipment  from said Premises.

 
7. To the fullest extent permitted by law, Lessee shall indemnify and hold Lessor, the Archdiocese of New York and the Archbishop of New York harmless from and against all actions, suits, proceedings, losses, damages, liabilities, costs or expenses of any kind or character whatsoever arising directly out of or in direct connection with Lessee's use or occupancy of the Premises, except to the extent arising from Lessor's negligence or willful   misconduct.

 

8. Lessee shall obtain comprehensive general public liability insurance insuring against all liability for injury to or death of a person or persons and for damage to property arising out of or as the result of Lessee's use or occupancy of the Premises with minimum limits of liability of $____ per occurrence, $2,000,000.00 aggregate, $1,000,000 combined single limit automobile coverage and $10,000,000.00 umbrella coverage to cover all such occurrences during Lessee's use of the Premises. Such insurance shall name the Lessor, the Archdiocese of New York and the Archbishop of New York as additional insureds. Lessee shall furnish the Lessor with a current certificate of insurance promptly upon execution of this Agreement.
 

9. Lessor and Lessee acknowledge and agree that (i) all rights of every kind in and to all photography and sound recordings made hereunder shall be solely owned inperpet1.1ity by Lessee and its Successors; (ii) neither Lessor nor any tenant or other-party now or hereafter having an interest in said Premises, nor any party claiming through  or under  any  of the foregoing,  shall have any interest in any such rights; (iii) neither Lessor nor any tenant or other party now or hereafter having an interest in said Premises shall have any right of action including, without limitation, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief against Lessee, its Successors and/or any other party, arising out of any use or non-use of said photography and/or sound recordings,  and/or any other claim related in any manner  whatsoever  to this Location Agreement; (iv) Lessor will not assert or maintain against  Lessee any claim of  any kind or nature whatsoever including, but not limited to, those based upon invasion of privacy or other civil rights, defamation, copyright infringement, libel or slander, in connection with the exercise of the permission or rights herein granted.
 
10. Lessor hereby irrevocably grants to Lessee and its Successors the 1ight, in perpetuity, throughout the world, to re-use the photography and sound recordings (or  any  part  thereof) and/or to duplicate and re-create all or a portion of said Premises and to use the same in any and all formats, media and/or manner now known or hereafter devised including, without limitation,  in and in com1ection with any production, distribution, sale, licensing, exhibition, adve1tising, marketing, publicity, promotion and/or other exploitation of any motion picture and/or the ancillary and subsidiary rights therein and thereto.

 
11. Neither Lessee nor its Successors shall be obligated to make any actual use of any photography, recordings, depictions or other references to the Premises in any  manner  whatsoever at any time.

 
12. Lessee and its Successors shall have the right to assign any or all of this Location Agreement, including, without limitation, the rights, licenses and privileges granted to it hereunder, to any other entity or person.

 
13. TIDS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO AGREEMENTS OF TIDS NATURE, AND LESSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE.

 

14. This Agreement along with Exhibit A, attached hereto and incorporated herein by this reference, is entered into as of the date indicated below, and represents the entire agreement between the parties, and may be amended only in writing signed by the parties.

 
 

Printed Names of Lessor and Lessee
 

Signatures of Lessor and Lessee