A Brief Introduction About the Location Agreement
A location agreement is a document specifying all of the facts of the film shoot. It is a legal document that helps in protecting both the landowner and the filming agency. The details of the document vary depending on the location as well as the film.
Who Takes the Location Agreement?
Anyone who is involved in a film production that is shot in any location must have an on-location contract lawyer drafting the agreement. This comprises the film crew and the landowner or the city where the film is shot. The benefit of the film crew is that they would be able to utilize the land for the film purposes as they need and without restrictions
Also, at the same time, the landowner would be able to set boundaries that are going to protect both parties. The landowner would also benefit from the film crew setting an acceptable time frame as well as payment for the use of their property.
Purpose of the Location Agreement
This is a legal document that offers permission to enter the private property for recording content, whether you are filming, taking photos, or making any additional recordings. This agreement should be signed by the property owner or their legal representative, even if they are letting you use their property for free.
You must use the Agreement document if:
- You are renting a venue from a property owner.
- You were renting out a location to an individual or business.
Contents of the Location Agreement
A location agreement contains the following clauses
- Details of the parties including their addresses and other contact details
- If it is a film shoot, then the name of the production house, the contact person, the director for the film and the contact person for the film
- Details of the part of the film that would be shot in the location
- Details of use of the land
- Details of use of any props, especially those that need some modification of the land or property
- Responsibility of permissions from the relevant authorities
- Waiver of liability for losses on scene
- Method of making good the land that has been modified due to the film shooting
- Warranties and representations
- Confidentiality Clause
- Geographical restrictions on the plot for use
- Insurance on the property
- Advances or security deposits that need to be paid to the land owner
- Number of people that would be operating on the land
- Termination of the agreement
How to Draft the Location Agreement?
The provisions that are most important to the filmmaker in are;
Grant of Rights: Through this provision, the landowner would grant the production firm the right to enter upon the property for filming purposes. A filmmaker must ensure the clause contains the following language:
- The filmmaker could make use of the property.
- That the filmmaker has the right to bring staff as well as equipment onto the location suitable for filming requirements.
- That the filmmaker has the right in the direction of depicting the location in the motion picture in all media, whether now known or hereafter devised for any purpose whatsoever.
- That the filmmaker is under no responsibility to use any of the footage of the location in the final cut of the picture, nor is the filmmaker under any requirement to depict the location in any particular manner.
Access Rights: In this provision, it includes what are the rights of access being granted, the days of the week, the time of day as well as what portions of the location could and cannot be accessed by the filmmaker. Also, it includes whether access is exclusive or non-exclusive. If the landowner reserves a right to be on the locations during shooting, make sure such use doesn’t interfere with reasonable requirements for quiet on set. It also identifies the dates and times of access.
Intellectual Property Rights: In the Intellectual Property Rights clause, the landowner shall release any claim it might have to the film or the footage shot at the location as well as vests sole and exclusive possession of such property in the filmmaker.
Grantor’s Release: In this provision, the landowner may agree to release any potential causes of action against the filmmaker it has or might have in the future.
Usually, the following claims are explicitly disclaimed: libel, defamation, invasion of privacy or right of publicity, trespass, trademark as well as trade dress infringement, copyright infringement(1), trespass towards chattels, nuisance or breach of any other right arising out of or regarding any utilization of the rights granted in the agreement.
This provision must also consist of the landowner’s waiver of any right towards equitable relief, including, but not limited to, injunctive relief, coming out of a claim for breach of the agreement or damage or destruction towards any of landowner’s property.
[Also Read: Producer Agreement ]
Benefits & Drawbacks of the Location Agreement
There are financial benefits to the landowner with location agreements. The contract would state exactly how much the film company shall pay the landowner and when. This agreement comprises provisions as regards to forgoing the owner’s right to sue for particular types of claims, allowing producer as well as a team towards entering the property, releasing any rights relating to the recording of one’s property, and possible compensation for the usage.
What Happens in Case of Violation?
The Licensee would be responsible for all damage related in any manner towards their use of the location. The agreement also comprises provisions as regards to forgoing the owner’s right to sue for particular types of claims arising from any breach of contract(2). In some cases, if any advance or security deposit has been paid, then such amount would be forfeited for making good the loss on the land
Thus it could be concluded by saying that every filmmaker is required to have a good agreement that is readily available on set and could be used on different shoots.