Protocol for Filming/Photographic shoots at Bruno Court
1. This protocol applies to any situation where filming or a photographic shoot is proposed at Bruno Court.
2. The flat owner is to approach one of the directors of Fassett Management Ltd. as soon as possible with details of the proposed shoot.
3. Should the proposed shoot be accepted the flat owner, Fassett Management Ltd. and the company undertaking the shoot shall enter into the attached agreement.
4. Permission for the shoot shall not be unreasonably refused by Fassett Management Ltd. Should the shoot comply with the conditions set out in the attached agreement permission shall normally follow, however it can not be assumed. Fassett Management Ltd. shall have to seek the agreement of individual shareholders if the shoot is of a controversial or political nature (including any charity projects). Such agreement of shareholders can be assumed if they do not reply via email to any request within a reasonable period (not less than 24 hours).
Bruno Court Filming/Photographic Shoot Agreement
In this Agreement the following terms shall have the specific meanings:
“the Premises” means the building known as Bruno Court, Fassett Square, London including internal parts, roofs, gardens, car park, front steps and any other part of the environs that are not publically owned
“the Communal Parts” are the areas of the Premises that are accessible to all residents, i.e. any part that is not a private flat
“the Company” means the business that wishes to use the Premises for filming/photographic shoot
“the Individual Shareholder” is the person who’s own flat is to be used for the filming/photographic shoot or otherwise introduces the Company to Fassett Management Ltd.
“the Shoot” means the specific filming/photographic shoot that is to take place
This agreement is entered into between (1) Fassett Management Ltd., (2) the Individual Shareholder and (3) the Company on [DATE]
1. The Company is to pay to Fassett Management Ltd. and the Individual Shareholder the sum of [FEE] to be paid in advance of the proposed first date of the Shoot.
2. Should the Shoot comprise of filming within the Individual Shareholder’s flat only then the fee referred to in paragraph 1 above shall be divided so that 90% of the fee shall go to the Individual Shareholder and 10% to Fassett Management Ltd.
3. Should the Shoot include any filming of the Communal Parts then the fee referred to in paragraph 1 above shall be divided between the Individual Shareholder and Fassett Management Ltd. equally.
4. Unless otherwise expressly agreed in writing between the Company and Fassett Management Ltd. the following provisions shall apply:
a. the Shoot shall take place between 9am and 11pm.
b. the number of people who are not residents involved in the Shoot shall not exceed 8.
c. the Company shall not use or show any private residences without the permission of the owner.
d. the Company shall not make any structural or decorative alternations to the Premises.
e. the Company shall have in place appropriate insurance to provide cover for any physical damage to the Premises and public liability insurance.
5. The Company are to set out in a document a description of the scenes that are to be filmed/photographed in the Shoot. Should this not be done before the payment of the fee referred to in paragraph 1 above Fassett Management Ltd. shall be entitled to return the fee and cancel this agreement for any reason and shall not be liable for any loss that the Company may allege.
6. Once the fee referred to in paragraph 1 above has been paid the Company shall be permitted to bring personnel, props, equipment and artists onto the Premises for the purposes of the Shoot (to include setting up and filming) for such times and dates as have been agreed.
7. Should the Shoot overrun and the Company need to return to the Premises that shall be permitted upon the payment of a further daily fee set as the average daily rate as agreed in paragraph 1 above.
8. Should the Company be in breach of any of the terms in paragraph 4 above they shall be liable in damages and should the breach be in respect of paragraph 4(a), (b) or (c) the overall level of damages shall not be less than twice the fee referred to in paragraph 1 above without the need for Fassett Management Ltd. to demonstrate any specific loss.
9. The Individual Shareholder agrees to indemnify Fassett Management Ltd., and hold Fassett Management Ltd. harmless, to the fullest extent possible, from and against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Fassett Management Ltd. arising out of or in connection with any claim by the Company or a third party brought under this Agreement or in connection with the Premises.
10. The Individual Shareholder agrees to pay to Fassett Management Ltd. the costs of repair to the Premises or for any other loss or damage suffered by Fassett Management Ltd. caused by the Company, their agents or any person that they bring onto the Premises should Fassett Management Ltd. be unable to recover the same from the Company.
11. Other than as expressly provided for in this Agreement, Fassett Management Ltd. accepts no liability, no matter how that may be caused, for indirect or consequential loss, or for any loss of income, business, loss of profits (whether direct or indirect), loss of opportunity, contracts, actual or anticipated savings, reputation or goodwill, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising from this Agreement.
12. Subject to clause 13, Fassett Management Ltd.’s total liability to the Company (or any person accompanying the Company at the Premises) in respect of all losses under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in all circumstances be limited to the fee paid by the Company as detailed in paragraph 1 above.
13. Nothing in the exclusions contained in this Agreement shall be interpreted as trying to exclude or limit statutory liabilities which cannot be excluded by law, nor the Landlord’s tortious liability for death or personal injury resulting from the Landlord’s negligence, fraud, or any other liability which cannot be excluded or limited by law.
14. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement.
15. This Agreement constitutes the whole agreement between the parties and no other terms shall be implied into it.
16. This Agreement (and all non-contractual disputes) shall be governed by English law and the Parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
