TERMS & CONDITIONS
IMPORTANT LEGAL NOTICE:
This legal notice applies to the entire contents of the Website at www.locationlocker.com (the "Website"), as well as any e-mail correspondence between us and you. Please carefully read these terms and conditions before using the Website. By accessing any portion of the Website, you agree to be bound in full by these terms and conditions (which will take effect immediately upon your first use of the Website), regardless of whether or not you register with us or use any of our services. Please do not access or use the Website if you do not agree to be legally bound by these terms and conditions. We reserve the right to change these terms and conditions at any time, and you should review them each time you access any portion of the Website, as the current terms and conditions will be binding on you. Thomas Potter, trading as Location Locker, has issued this notice (the "Agent").
DEFINITIONS AND INTERPRETATION:
("the Website") - refers to the domain www.locationlocker.com.
("the Agent") - refers to Location Locker the location agency;
("the Client") - signifies the people, businesses, or organisations who contact Location Locker to find a location.
("the Owner") - indicates the Location's legal owner or any person appointed by the Owner to act on its behalf.
("the Location") - refers to the property as mentioned on Location Locker, as well as the areas within that property.
We have material that is protected by various copyright laws and treaties around the world. The copyright and other intellectual property rights in all material on the Website (including, without limitation, graphical images and photographs) are owned by the Agent or its licensors.
The Agent has done everything in their power to ensure that all information and Location images presented on this Website, www.locationlocker.com, are correct and up to date; however, the clickable images featured within the location library are no guarantee of the condition of the Location or that the furnishings or colour scheme remain the same. As a result, the Agent expressly disclaims (to the maximum extent permitted by law) any and all liability and duty arising from any reliance placed on Location information by any visitor to the Website or anyone informed by any of its contents.
Samples and copies of pages from the Website may be downloaded or printed for your personal, non-commercial, personal or professional use, and for reference purposes only. Material on the Website may not be used for commercial purposes outside of the Website, nor may it be changed or altered in any manner without the prior written approval of the Agent.
All images taken of the Location by Location Locker are owned by Location Locker.
The Agent strongly recommends that all Locations be visited by a representative of the Client prior to the start of the shoot to determine the suitability and availability of the Location first-hand. Neither the Agent nor the Location Owner can be held liable for any loss, damage, or discomfort caused by the Location's unsuitability.
It is the Client's obligation to determine whether the Location requires any additional permissions (and, if so, that these are validated prior to the shoot taking place), whether from the local authorities or any third parties, in order to support the production.
The Agent strongly advises the Client to appoint a qualified Location Manager to oversee the production, do a recce, organise access, parking, permissions, and responsible maintenance of the Property. The Client is solely responsible for getting permissions, notifying necessary authorities, and notifying neighbours. The Agent is not liable for any loss or damage experienced by the Client or the Owner as a result of the Hire or its termination.
Every effort is made to provide access to the Website 24 hours a day; nevertheless, the Agent will not be liable if the Website is inaccessible now and then or for any period of time. Access to the site may be temporarily and indefinitely suspended due to system failure, maintenance, or repair, or for causes beyond the Agent's control.
The Agent will not be liable for any loss or damage (however caused and whether direct or indirect) caused by a distributed denial-of-services attack, computer virus, technical fault, or other technologically harmful material that may infect your computer equipment, computer games, data, or other proprietary material as a result of your use of the Website or the download of any material from the Website or any website linked to it.
You agree to use the Website only for lawful purposes and shall not misuse the Website (including, without limitation, by hacking). You are prohibited from posting or transmitting to or from the Website any material that is
threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
The Agent will fully cooperate with any law enforcement authorities or court order requesting or directing the Agent to identify or locate anybody uploading any material in violation of this provision.
The Agent, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Agent's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in these terms and conditions shall exclude or limit the Agent's liability for (i) death or personal injury caused by negligence or (ii) fraud; or (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
There is no fee for utilising the Website, searching the location library, or scheduling location recce(s). After considering all criteria, the Location Hire Fee will be negotiated and agreed upon to suit both parties. If a Location is booked and confirmed, a minor Administration Fee of £100 will be applied to cover administrative costs (the administration fee(s) are non-refundable).
The invoice(s) must be paid in advance of production. If the fees are not paid in advance of the production, access to the Location may be denied.
Location Locker may request a Security Deposit to cover any harm that may arise as a result of the Client's use. This is normally between £100 and £1000 or more, depending on the sort of location and the type of adjustments requested by the client. It is up to Location Locker to decide whether this is essential. Security deposits will be issued and paid along with the invoice. The Agent will hold the deposit.
The hourly fee for overtime will be specified in the Location Hire Agreement. Overtime payments will initially be withdrawn from the Security Deposit; however, if the Security Deposit does not cover the total overtime fees, a separate invoice will be given to the Client.
Thomas Potter, trading as Location Locker, is not VAT registered; therefore, VAT will not be charged.
Any Administration Fees, Location Hire Fees, and, if necessary, Security Deposits must be paid to the Agent in the form of a Direct Bank Transfer in advance of the shoot. Payment shall be considered received by the Agent only when it has cleared into the Agent's bank account. If the fees are not paid in full in advance of the shoot, access to the Location may be denied.
After the shoot, Location Locker will pursue any outstanding payments owed to the Owner; they will do everything possible to ensure the Owner is paid in full as soon as possible; however, if the Client refuses payment, the Owner may be entitled to a court claim. Location Locker will then decide whether to pursue it themselves or forward the information to the Owner.
LOCATION HIRE AGREEMENT:
Once a location has been reserved, the Agent will draught a Location Hire Agreement outlining, among other things, the rights and obligations associated with the use of the location, the photos taken, and the rights of the Agent, the Owner, and the Client.
Anyone signing the Location Hire Agreement must be legally authorised to do so, and anyone who deliberately misrepresents themselves to be so will be held accountable for any damage or loss experienced by the Agent and/or the Owner. The signing of the Location Hire Agreement by the parties to the Agreement confirms the booking, and the Client is accountable for the full amount of the costs specified. The client risks losing the Location unless the Agreement is executed.
PUBLIC LIABILITY INSURANCE:
To book any of the Locations in Location Locker's database, you must present proof of valid Public Liability Insurance in the amount of £5,000,000, while some locations may require a minimum of £10,000,000. On the Location Hire Agreement, the Public Liability Insurance cover must be in the same name as the Client.
Access to the Location will be denied if proof of valid Public Liability Insurance is not provided and/or the Location Hire Agreement is not signed and delivered in advance of the shoot.
BOOKING A LOCATION:
The availability and suitability of any given Location appearing in Location Locker's collection may only be guaranteed once a Location Hire Agreement is signed. You should not attempt to speak directly with the Owner until you have signed a contract and all negotiations have been completed. Contacting the Location Owner directly is considered a violation of the terms of service and may result in the booking being cancelled and the Client being charged the Administration Fee.
The Client agrees to inform [the Owner] of the nature of the fictitious and/or real events depicted at the Location, which should be passed through the Agent or discussed in person when on a location recce.
If the Client is unable to begin work on the dates specified in the specific terms and conditions due to the illness of actors, directors, or other essential artists and crew, weather conditions, defective film or equipment, or any other occurrence beyond the Client's control, or if work in progress is interrupted during the Client's use of the Location for any of the reasons listed in this paragraph, the Client shall have the right to resume use of the Location at a later date. This will be recognised as the start of the new Shooting Period (or, if applicable, the remainder of the Shooting Period) with no further payment to the Owner
The Owner has five business days after the last day on site to notify the Agent of any damage or cleaning that may have happened. In that case, the Client may wish to inspect and evaluate the complaint; if they accept responsibility, they:
shall be given a timely opportunity to either repair the damage or make restitution;
pay for repair estimates from the owner's own contractor;
or the Agent negotiates a charge that the Client will pay to the Owner to compensate for the damages/cleaning.
The Owner is aware that any damage claims may be subject to an insurance company examination, which could take some time. From this point forward, the Agent will be unable to assist and will merely forward the Client's information to the Owner.
The Owner agrees that if filming, photography, or recording is not completed during the Shooting Period, the Client may be entitled to return to the Location for an additional fee to continue filming or reshoot footage for a mutually agreed time (Additional Shooting Period).
Confirmed bookings that are cancelled by the Client no later than 48 hours before the start of the Shooting Period will be charged 50% of the Location Hire Fee and the whole Administration Fee (less the Security Deposit). Confirmed bookings that are cancelled by the Client less than 48 hours before the start of the Shooting Period will be charged the full Location Hire Fee as well as the complete Administration Fee (less the Security Deposit).
The Client agrees and recognises that if the Owner cancels the production for any reason, the Client is entitled to a full refund, minus the Administration Fee. This is non-negotiable; the Agent will bear no liability for cancellation on behalf of the owner. Location Locker recommends that the Client always have a backup location ready in case of this event.
Confirmed Location Locker photo shoots that are cancelled by the Owner for any reason, including poor weather, will be charged the full Security Deposit.