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Location Owner Terms and Conditions
1.1 Location Base is an online listing service developed by Location Fixer Productions Ltd.
1.2 In consideration for you agreeing to the commission payments set out below, we agree to market your property for hire as a location.
1.3 We charge a commission as set out below on all fees we generate for the Location Representative.
1.4 The Location Representative agrees that the following terms and conditions constitute the entire agreement between the Location Representative and Location Fixer Productions (“LFP”) regarding the presentation by LFP of the location at the address written below (the “Location”) on LFP’s online listing service (the “Library”) and through other ways and mediums of promotion that LFP deems appropriate, including social media.
2. Listings
2.1 The Location Representative commits to providing photographs of the Location and all other information about the Location (collectively, “Location Information”) necessary to promote the use of the Location by LFP to potential clients. Such Location Information will be included in the Library and used by LFP in other communications to promote the Location for events, photographic and/or filming projects of all types.2.2 Where the Location Representative submits any Location Information to the Library (including any text, photographs, graphics, video) the Location Representative agrees to grant LFP and its Licensors a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your Location Information worldwide and in accordance with privacy restrictions set out in LFP’s Privacy Policy.
2.3 The Location Representative grants LFP the right to disclose to third parties the Location Information for any purpose and/or incorporate such material into any form, medium or technology throughout the world without compensation from LFP to the Location Representative. The Location Representative further waives any rights of authorship as a condition of submitting any Location Information to LFP.
2.4 Should any details change about the Location such that the Location Information is no longer accurate, the Location Representative will use its best efforts to ensure the Location Information is corrected promptly by providing written notification to LFP. It is acknowledged that LFP must be notified in writing if the Location is to be removed from the Library and all other promotion of the Location is to cease. LFP may cease promotion of the Location at any time and for any reason, including for the Location Representative’s breach of any terms of this agreement.
3. Location Information
3.1 The Location Representative understands that it is responsible for any Location Information provided to LFP and agrees to defend, indemnify, and hold harmless LFP from and against any claims, liabilities, damages, costs, expenses, or fees arising out of or relating to (a) the Location Representative’s breach of any of the terms of this Agreement, (b) LFP’s use of the Location Information, and (c) the Location Information and its accuracy.
3.2 By submitting the Location Information, the Location Representative declares that it owns or has the necessary rights to submit the Location Information and to comply with this agreement. The Location Representative warrants that all Location Information complies with applicable laws and regulations, is true and accurate and does not nor will not infringe upon the rights of any kind of any third party.
4. Warranty
4.1 The Location Representative acknowledges and agrees that LFP makes no warranty of any kind regarding the outcome of the Location being on the Library or promoted in any way by LFP.
4.2 While LFP attempts to assess the legitimacy of client inquiries before connecting clients with the Location Representative, the Location Representative agrees that LFP is not responsible for any loss or damages of any kind and it is solely at the Location Representative’s discretion whether any agreement for the Location’s use is entered into with any client.
5. Damage Deposit
In advance of the Client being provided access to the property LFP will take a damage deposit of 20%-50% of the Fees to be used to reimburse the Location Representative for the cost of any minor damage caused to your property. LFP will not return the damage deposit to the Client until the Location Representative has confirmed that there is no damage to the property (or any such damages has been repaired to your satisfaction) and until any Overrun Fees have been paid in full.
6. Commission
6.1 In respect of any work of any kind carried out at the Location by any client introduced in any way to the Location by LFP, including without limitation through the Library (a “LFP Introduction”), you commit to entering into a separate location agreement for the use of the Location with such client on terms to be agreed (LFP will prepare a standard form location agreement and discuss any special terms or requirement with you and with the Client)
6.2 20% Commission is payable on any successful hire. LFP will deduct the Commission from the Fees and Overrun Fees (if applicable) before paying the Fees and Overrun Fees to the Location Representative.
6.3 LFP will pay the Fees less 20% Commission to the Location Representative within 30 working days of the later of the receipt from you of an invoice for the Fees and us receiving the Fees from the client.
6.4 Such commission is applicable for each agreement executed for the use of the Location as a result of an LFP Introduction.
7. Fees
7.1 Fees payable by the Location Representative are negotiated on a case-by-case basis depending on the specific hire details.
7.2 LFP will not allow a client access to your property without having received the Fees in advance unless otherwise agreed with the Location Representative.
7.3 If LFP does not receive any Fees from the client, LFP will not be liable to the Location Representative for the same. LFP will use reasonable endeavors to recover all unpaid Fees.
8. Personal Information
LFP shall manage any personal information received from the Location Representative in accordance with LFP’s Privacy Policy whereby such policy ensures adherence with the requirements of applicable data and privacy protection laws and regulations.
9. Non-Exclusivity
The Location Representative is aware and accepts that this is a ‘non- exclusive’ agreement and that similar locations may be featured on the Library and/or promoted in other ways by LFP. The Location Representative further understands and accepts that any client who enters into an agreement to use the Location because of an LFP Introduction shall incur and submit a client-booking fee to LFP.
10. Booking Cancellations
10.1 If you are a creative/ client needing to cancel your location booking after your agreement has been signed, please reach out to your location agent. We understand extenuating circumstances may occur but as a guideline the following Cancellation Fees will apply:
Once a Location Agreement has been signed the creative/ client will be liable for up to 100% of the location fee if the producer/ client then cancels the shoot.
i. If the Creative needs to cancel up to 7 + days before shoot: 75% of the Location Fee will be refunded
ii. If the Creative needs to cancel up to 48 hours before shoot: 50% of the Location Fee will be refunded
iii. If the Creative needs to cancel up to 24 hours before shoot: 25% of the Location Fee will be refunded
iv. If the Creative needs to cancel WITHIN 24 hours of shoot: 0% refund on the Location Fee
10.2 Cancellation fees are only applicable once the agreement has been signed and full payment has been made.
10.3 In order to reschedule a booking rather than cancel both parties need to agree on a new date (within 30 days of the original shoot date or by the discretion of both parties).
10.4 Weather: If a shoot is weather dependent, this should be outlined prior to the shoot date and acknowledged by the location owner so they are prepared to re- schedule when necessary.
10.5 COVID- 19 Related Cancellations (2022): We understand that the pandemic has created an element of uncertainty for everyone. The health and well-being of our clients and our location owners is our highest priority, so please let your Location Agent know as soon as possible if there are Covid- 19 concerns.
i. If the Creative needs to reschedule up to 48 hours: No fees to reschedule, written explanation to be provided to Location Base
ii. If the Creative needs to reschedule up to 24 hours: Location Fee held for future bookings, written explanation to be provided to Location Base. If the shoot is CANCELLED entirely due to Covid 19 only, fee returned less a $250 administrative fee.
iii. If the Creative needs to reschedule within 24 hours: On a case-by-case basis
iv. If a Location Owner needs to reschedule due to Covid- 19 safety concerns, the production will receive a full refund. A $250 inconvenience credit will be offered for future bookings (or on a Covid – 19 rescheduled booking).
10.6Â Termination of a shoot: The following actions may result in the termination of a shoot by Location Base:
i. non-payment of the location hire fees and/or (if applicable) the damage deposit prior to the commencement of the shoot.
ii. failure to provide proof of valid Public Liability Insurance and/or failure to sign and deliver the Location Agreement prior to the commencement of the shoot.
iii. the provision of inaccurate, incomplete, or misleading information by the producer/ client in connection with the Location Agreement.
iv. any breach of the Location Agreement.