This agreement, dated as of_______________ (the "Agreement") is made between _____________________ (Company") and ________________________("Owner") with respect to use of and entry upon certain property of Owner________________________________________________ (the "Property") in connection with the production and photography of Company's motion picture tentatively entitled (the "Picture"), as follows:
1. Permission. Owner hereby irrevocably grants to Company (and its employees, agents, independent contractors, suppliers, etc. -- all of whom are included in the term "Company" for purposes of entry upon and use of the Property and the rights herein granted) the right and permission to enter upon, use and photograph the Property for the purpose of photographing and recording certain scenes for the Picture and such other motion pictures as Company may determine.
2. Property. As used herein, the "Property" shall mean that certain real property located at and described as follows: __________________________________________________________________ ______________________________________________ (including, without limitation, the interior and exterior areas of the Property and all parts of the grounds of the Property) and certain personal property (furniture and fixtures) located in said Property.
3. Scope of Use. Owner acknowledges and agrees that Company shall have the exclusive right to use any or all of the Property on the following days and at the following times: __________________ _________________________________________________________________________________________________________________________________________________________________________________________. Owner agrees that Company shall *[not] have the right to tie into the electricity, gas, water and other utilities of the Property for its own use. Company shall have the right to use certain personal property items in the house on the Property for the purposes of set dressing and/or props. The exact items to be so used shall be determined by Company's Production Designer and will be agreed upon with Owner.
Company may, at any time prior to its initial use of the Property, elect not to use the Property, in which case neither party shall have any obligation hereunder. Company is not obligated to actually use the Property or produce the Picture or to include scenes photographed hereunder in the Picture.
4. Dates. Company shall require use of the Property commencing on or about _________________, and continuing on a consecutive basis until approximately __________________, inclusive. Owner agrees that if Company requires use of the Property beyond the foregoing dates, then Company may so use the Property subject only to the payment of a prorated amount of additional compensation computed with respect to the sums payable pursuant to subparagraph 5 below.
5. Consideration. As complete and full consideration for all of the rights granted to Company hereunder, Company shall pay to Owner the sum of _________________________________ Dollars ($__________), payable (i) ______________________________ Dollars ($__________), upon the execution of this agreement by the parties, _____________________________ Dollars ($__________), upon the commencement of photography on the Property, and (iii) _____________ _________________ Dollars ($__________), upon the completion of Company's use of the Property hereunder.
6. Facilities. Company may place all necessary facilities and equipment (including, without limitation, lighting equipment and trailers and temporary sets) on the Property, and agrees to remove same after completion of its use of the Property and leave the Property in as good condition as when received. Signs on the Property may be removed or changed, but if removed or changed same shall be replaced.
Company will use reasonable care to prevent damage to the Property and will indemnify Owner from any damages and/or losses arising out of personal injuries or property damage resulting from any act of negligence on Company's part in connection with its use of the Property. Company agrees that it will at all times hereunder maintain liability and property damage insurance, covering the use of the Property by Company, in customary and adequate levels. Additionally, Owner agrees to maintain liability and property damage insurance in customary and adequate levels insuring the Property.
7. Rights. All rights of every kind and nature whatsoever in and to the Picture and to all photographs and sound recordings made hereunder in connection with Company's use of the Property shall be and remain the sole and exclusive property of and remain vested exclusively in Company (and its successors, licensees and assigns). Neither Owner nor any other party now or hereafter claiming an interest in the Property and/or an interest through Owner shall have any right of action against Company or any other party arising from or based upon any use or exploitation of the Picture and/or said photographs and/or said sound recordings, whether or not such use is or is claimed to be defamatory, untrue or censorable in nature.
8. Usage. Owner may not terminate or rescind the permission granted to Company hereunder to use and photograph the Property. In the event of any claim by Owner against Company, Owner shall be limited to its remedy at law for damages, if any, and may not enjoin, restrain or interfere with Company's use of the Property as provided in this Agreement or the advertising, promotion, distribution, exploitation, exhibition and other turning to account of the Picture. Owner acknowledges and agrees that the Property is a primary location for the Picture and is an integral part of the Picture, and that any interference with Company's use thereof shall cause Company substantial monetary and other damage which cannot be adequately compensated for in an action at law for damages. Accordingly, without limiting any other right or remedy of Company Owner agrees that Company shall be entitled to injunctive and other equitable relief to prevent any interference with its use of the Property hereunder.
9. Owner's Warranties. Owner hereby represents, warrants and agrees that: (a) Owner is the sole and exclusive legal owner of the Property and has the full right, power and authority to grant Company the exclusive rights granted to Company hereunder, (b) Owner will take no action nor allow or permit or authorize any third party to take any action which might interfere with Company's full use and quiet enjoyment of the Property in accordance with the terms hereof, and (c) Owner will pay all taxes on the Property and do all other similar acts and timely make all similar payments as are required to maintain the Property in usable condition for all uses contemplated hereunder.
Owner hereby agrees to indemnify and hold Company (and its agent, employees, successors, licensees and assigns) harmless from and against any and all claims, demands, liabilities and expenses (including, without limitation, reasonable attorneys' fees and costs) arising from or in connection with any breach of any of Owner's representations, warranties or agreements contained in this Location Agreement.
10. Miscellaneous. This Agreement is the entire agreement of the parties with respect to the subject matter hereof and cannot be modified or cancelled except by written instrument signed by both parties. This Agreement shall be interpreted in accordance with the laws of the State of California and the courts located in Los Angeles County, California shall have the exclusive jurisdiction over all disputes hereunder. Owner acknowledges that it has not entered into this Agreement in reliance upon any representation (written or oral, express or implied) of Company not contained herein. Owner agrees that Company may assign this agreement and its rights hereunder to any third party. In the event of any such assignment Company shall only be relieved of its obligations hereunder if said assignee assumes such obligations in writing. Paragraph headings are for convenience only and are of no legal force or effect whatsoever.
IN WITNESS WHEREOF, the parties have signed this document as of the day and date first written hereinabove.
NAME OF COMPANY
NAME OF OWNER