Film Permit Terms and Conditions

Defined terms

 

In this agreement, the following terms shall have the meanings prescribed to them:

 

Term	Meaning
Admin Fee	the non-refundable administration fee paid to the Film Office by the Production Company to facilitate and process the agreement for filming across Buckinghamshire.  The fee is dependent on the crew size and a breakdown of the fee structure is available by visiting [insert URL].  The administration fee is to be paid prior to receiving the Permit;
Application	the application for the Permit by the Production Company to carry out the Permitted Activities at the Locations on the Permitted Dates and Times;
Cancellation	any cancellation of the Permit by the Production Company;
Fees	a payment made to a location/property, department, person(s), or company, for which the Production Company has an agreement in place in exchange for advice or services;
Film Permit	the agreement issued by the Film Office to the Production Company for filming at the requested location(s), during the Permitted Dates and Times, and for the Permitted Use, in accordance with the terms and conditions set out below;
Location	any road, pavement, footpath, land, property, park, or other space (whether public or private) which is owned or maintained by, or otherwise under the control of,  the Council;
Materials	the films, photographs, and sound recordings made and/or taken by the Production Company at the Location in relation to the Permitted Use;
Permit	the permit for the Production Company to carry out the Permitted Activities pursuant to the Application;
Permitted Dates and Times	such dates and times as may be described by the Applicant in the Application, and approved by the Film Office, to carry out the Permitted Use at the Location;
Permitted Use	the filming activities to be undertaken by the Production Company at the Location as described in the Application;
Production Company	the applicant for the Permit to carry out the Permitted Activities at the Location;
Unit Sign	any ‘unit’ direction signs which the Production Company might attach to any lamp column, traffic signal, or street furniture; and
Unit Sign Removal Fee	the Council’s current fee for the removal of any signage attached to any lamp column, traffic signal, or street furniture, across Buckinghamshire.

General Terms

 

1. The Council confirms that the Film Office is authorised to enter into, and manage, this agreement on behalf of the Council, and that the rights and permissions granted reside with the Council.

2. If, at any time, the Production Company fails to comply with the terms and conditions of this agreement and, having been notified of such failure, continues to act in breach of the same, the Council may terminate this agreement with immediate effect.

3. Nothing contained in, or implied by, this agreement, shall prejudice or affect the Council’s rights, powers, duties, functions or obligations as a local authority.

4. A person who is not a party to this agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

5. This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of, or in connection with, it or its subject matter or formation, shall be governed by, and construed in accordance with, the law of England and Wales.

6. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of, or in connection with, this agreement, or its subject matter or formation.

7. The Production Company acknowledges that the Council is subject to the requirements of the Freedom of Information Act 2000, and the Environmental Information Regulations 2004 (together the FOIA), and shall use all reasonable endeavours to assist and co-operate with the Council, at the Production Company’s cost, to enable the Council to comply with its information disclosure obligations.

8. The Production Company acknowledges that the Council may be required, under the FOIA, to disclose information (including commercially sensitive and confidential information) without consulting the Production Company. The Council shall take reasonable steps to notify the Production Company of a request for information (in accordance with the Secretary of State’s section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA), to the extent that it is permissible and reasonably practicable for it to do so, but (notwithstanding any other provision in this agreement), the Council shall be solely responsible for determining whether any information, including commercially sensitive and confidential information, shall be exempt from disclosure in accordance with the FOIA.

9. The Production Company accepts that the Council reserves the right to refuse any request to cancel this agreement or to withdraw its consent under this agreement at any time, including the first date of the Permitted Dates and Times, when the Permitted Use is due to start, if any event, circumstance, or cause beyond its reasonable control occurs, including, without limitation: (i) acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic; (ii) terrorist attack; (iii) civil war, civil commotion or riots; (iv) war, threat of, or reparation for, war, armed conflict; (v) imposition of sanctions, embargo, or breaking off of diplomatic relations; (vi) nuclear, chemical, or biological contamination, or sonic boom; (vii) or any law, or any action taken by a Government or public authority, including, without limitation, imposing an export or import restriction, quota, or prohibition, or failing to grant a necessary licence or consent; (viii) collapse of buildings, fire, explosion, or accident; (ix) any labour or trade dispute, strike, industrial action or lockouts (other than, in each case, by the party seeking to rely on this clause, or another company within that party’s group); and (x) interruption or failure of utility service.

10. In the event of any conflict between the terms of this agreement and the Code of Practice, then the terms of this agreement shall prevail.

Rights granted by the Council to the Production Company

11. Subject to the terms of this agreement, the Council hereby grants the Production Company the right (in common with the Council and all other persons authorised by the Council) to use the Location(s) stipulated in the Application for the Permitted Use on, and during, the Permitted Dates and Times.

12. The right granted in clause 11 above shall be exercised in consultation with any relevant manager of the Location(s) and/or other person(s) notified to the Production Company, in a way which, so far as reasonably practicable, does not interfere with, or impede, the normal use of the Location(s).

The Location(s)

13. The Council gives no warranty:

• that the Location(s) is(are) legally, physically, or otherwise fit for any specific purpose, including the Permitted Use; or

• whether any further consent may, or may not, be required from a private landowner or agency.

14. Where the Production Company requires any further consent in order to use the Location(s) for the Permitted Use, it shall be the Production Company’s sole responsibility to ensure that they obtain such consent.

15. The Production Company shall have the right to represent the Location(s) as:

• any other real or fictional place; or

• with prior authorisation, the actual Location(s).

16. This agreement does not grant exclusive use of the Location(s), unless it is agreed in writing.

The Materials

17. The Council acknowledges that the Production Company is not obliged to use the Materials or to include them in any transmission.

18. All rights to the Materials shall vest in the Production Company, and the Production Company shall have the right to exploit and exhibit the Materials, with or without the scenes photographed or filmed at the Location(s), in any medium now known, or hereafter devised, without restriction and by all means, and in all media, as it deems fit. The provisions of this clause 18 shall survive termination or expiry of this agreement.

19. Other than the rights set out in clause 18 above, which shall be assignable at the Production Company’s sole discretion, none of the rights granted to the Production Company under the terms of this agreement shall be assignable by the Production Company.

Production Company’s obligations

 

20. Time shall be of the essence for all the purposes of the Production Company’s obligations under this agreement.

21. The Production Company agrees to pay all Fees, with any overtime or agreed additional expenses, plus applicable taxes, that are due in accordance with the terms and conditions of any invoice submitted by, or on behalf of, the Council.

22. At all relevant times, the Production Company shall provide a sufficient number of attendants and/or stewards for the efficient supervision of the Location(s), to ensure the safe use of the Location(s).

23. The Production Company shall not use any unmanned aerial vehicle unless previously agreed in writing.

24. The Production Company shall permit the Council, or its authorised representatives, to inspect and monitor the arrangements made by the Production Company in accordance with this agreement for the proper supervision of the Location(s), and to fully cooperate with the Council, or its authorised representative, at all times.

25. The Production Company shall observe all rules and regulations which govern the use of the Location(s) as may have been made, or may be made from time to time, by the Council, and shall not create any unreasonable (in all the circumstances) nuisance or annoyance.

26. The Production Company shall only use the Location(s) or any part of it(them) for the Permitted Use during the Permitted Dates and Times.

27. The Production Company shall deal with any complaints promptly, courteously, and efficiently, and shall promptly notify the Council via email, within twenty-four (24) hours of any serious complaint which it receives, and the steps which it has taken in response thereto.

28. The Production Company shall not do, permit, or suffer to be done anything to:

• unfairly or inaccurately injure the reputation of the Council;

• cause any offence against any statute, or any regulation made under any statute, or by the Council, or any other public authority;

• imperil any licence, permit or other authorisation granted for the Location(s); or

• imperial any insurance effected on the Location(s).

29. The Production Company shall not permit or suffer any persons to enter or use the Location(s) other than those persons as are employees or agents of the Production Company engaged in the film or production that is the subject of this agreement, or who are members of the cast of that film or production.

30. The Production Company shall not make any alterations or additions to the existing fabric, design or lay-out of the Location(s), or any of its facilities or services, except as expressly permitted by this agreement, and subject to compliance with any additional conditions specified by the Council (which conditions the Council shall be entitled to specify in its absolute discretion).

31. The Production Company shall not undertake any publicity, or place any advertisement, referring to the Council, without the Council’s prior written authorisation.

32. The Production Company shall:

• immediately notify the Council of any damage to, or harm suffered by, any Location(s): and

• make good, to the reasonable satisfaction of the Council, any such damage or harm which is caused by the Production Company within fourteen (14) days of it being notified to the Council under clause 32(a) above.

33. The Production Company undertakes to promptly remove all of its equipment, goods, rubbish, and any other items from the Location(s) at the end of the Permitted Dates and Times and to leave the Location(s) in a clean and tidy state.

34. Should the Production Company fail to comply with its undertaking at clause 39 above, then the Council may remove, or procure the removal, of all such equipment, goods, rubbish, and any other items at the Production Company’s expense, and the Council shall be entitled to recover any costs which it incurs in so doing from the Production Company as a debt.

35. The Production Company shall, at all times, whilst in occupation of the Location(s), comply with all relevant health and safety codes of practice and legislation (as the same may be updated or amended from time to time), that may apply to the Permitted Use and the Location(s), and/or to any other activities which the Production Company is carrying out.

36. Where the Council reasonably requires, the Production Company shall provide the Council with copies of any risk assessments in relation to the Permitted Use prior to any activities taking place at the Location(s).

37. The Production Company shall, where the Council considers that it is reasonably necessary to do so, appoint a senior person responsible to provide all reasonable assistance and to comply with any legal obligations which may arise in connection with the Permitted Use, or this agreement, as the case may be.

38. The Production Company agrees not to erect any Unit Signs before or during the filming without prior written consent and if granted, promptly remove any erected signage at the end of the Permitted Dates and Times

39. Should the Production Company fail to comply with its obligation in clause 38 above then it acknowledges that the Council will arrange for the removal of all such unit signs and shall charge the Production Company the Unit Sign Removal Fee for each unit sign that is removed by the Council. The Production Company shall pay any Unit Sign Removal Fee due to the Council under this clause 39 within seven (7) days of receipt of an invoice from the Council, which sum shall be recoverable by the Council as a debt, if unpaid.

40. The Production Company shall not bring any alcohol or illegal substance onto the Location(s) at any time during the Permitted Dates and Times.

41. The Production Company shall not:

• cause any obstruction (whether to vehicles or pedestrians) on the Location(s);

• obstruct any members of the public from carrying out their business; or

• cause a disturbance, or safety hazard,

in each case, without the prior written approval of the Council.

42. The Production Company hereby acknowledges that the Admin Fee is non-refundable.

43. The Production Company shall be entitled to cancel this agreement at any time before the first day of the Permitted Dates and Times, providing that it provides written notification to the Council at least twenty-four (24) hours in advance of the first date of the Permitted Dates and Times.

44. If the Production Company fails to provide notice of cancellation of this agreement in accordance with clause 43 above, then it shall still be obliged to pay the Admin Fee.

45. Any undertaking by the Production Company not to do any act or thing shall be deemed to include an obligation not to permit or suffer such an act or thing to be done by any of the Production Company’s employees, servants, agents, contractors, or any other person(s) associated with the Production Company.

46. The Production Company acknowledges that, by entering into this agreement, it has read, and agrees to be bound by, and comply with, the terms and conditions set out in the Code of Practice (as amended from time to time) which can be found at https://buckinghamshirefilmoffice.com/code-of-practice/.

47. The obligations, processes, and undertakings as set out in the Film Office’s Code of Practice (available at https://buckinghamshirefilmoffice.com/code-of-practice/) shall apply to the Production Company at all times.

 

Limitation of liability and insurance

48. The Council shall not be liable for any losses, claims, demands, actions, proceedings, damages, costs, expenses, or any other liability, including any indirect or consequential loss (including, but not limited to, loss of profit and pure economic loss) incurred by the Production Company in the performance or exercise of the rights granted by this agreement.

49. Without prejudice to the generality of clause 48 above, the Council does not exclude any liability for death or personal injury resulting from its negligence.

50. The Production Company hereby indemnifies, and shall keep indemnified, the Council against any liability arising from death or personal injury caused to any person as a result of the Production Company’s negligence.

51. Subject to clause 52 below, the Production Company shall indemnify, and keep indemnified, the Council against all direct losses, claims, demands, actions, proceedings, damages, reasonable costs, reasonable expenses, or other liability, to the extent arising as a direct result of the acts or omissions, or negligent acts or omissions, of the Production Company, or its employees, servants, or agents, or any breach of any of the obligations in this agreement by the Production Company, subject always to the Council taking reasonable steps to mitigate such losses.

52. The Production Company’s aggregate liability, howsoever arising out of the indemnity provided at clause 51 above, shall not exceed ten million pounds (£10,000,000.00), other than in respect of any personal injury or death resulting from the acts or omissions (including negligent acts or omissions) of the Production Company.

53. The Production Company shall maintain:

• Public Liability Insurance at a minimum sum of ten million pounds (£10,000,000.00); and

• Employer’s Liability Insurance at a minimum sum of ten million pounds (£10,000,000.00),

in each case, in respect of all parks and commercial event spaces, in respect of any one incident, with an insurer or underwriter of repute, and against all liability of the Production Company to third parties (including, but not limited to employees, agents and contractors of the Council and the Production Company) arising out of, or in connection with, the use of the Location(s) by the Production Company, and the Production Company shall provide the Council with evidence that such insurances are in place, and that all premiums have been paid, on demand.