TERMS & CONDITIONS
IMPORTANT LEGAL NOTICE:
This legal notice applies to the entire contents of the Website under the domain name www.locationlocker.com (the "Website") and to any correspondence by e-mail between us and you. Please read these terms and conditions carefully before using the Website. By accessing any part of the Website you agree to be bound by these terms and conditions in full (which shall take effect immediately on your first use of the Website) regardless of whether or not you choose to register with us or use any of our services. If you do not agree to be legally bound by these terms and conditions, please do not access and/or use the Website. We may revise these terms and conditions at any time and you are advised to revisit these terms and conditions each time you access any part of the Website as the current terms and conditions will be binding on you. This notice is issued by Thomas Potter trading as Location Locker (the "Agent").
DEFINITIONS AND INTERPRETATION:
("the Website") - means the domain name www.locationlocker.com
("the Agent") - means Location Locker the location agency;
("the Client") - means the individuals, company or companies that contact Location Locker to find a location.
("the Owner") - means the legal owner of the Location or any person nominated by the Owner to act on its behalf
("the Location") - means the property as listed on Location Locker and 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 within their respective power to ensure that all information and Location images presented on this Website, www.locationlocker.com are accurate 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. The Agent therefore disclaims (to the fullest extent permitted by law) all liability and responsibility arising from any reliance placed on Location specifics by any visitor to the Website, or by anyone informed by any of its contents.
Samples and copies of pages from the Website may be downloaded or printed for your own non-commercial, personal or professional use and for reference only. Material on the Website must not be used for external commercial purposes nor edited or altered in any way without seeking prior written permission from the Agent.
Location Locker withholds the copyright of all photographs taken of the Location by Location Locker.
The Agent strongly advises that all Locations are visited by a representative of the Client prior the commencement of the shoot taking place to establish first hand the suitability and availability of the Location. The Agent nor Location Owner can be held liable for any loss, damage or inconvenience caused by the unsuitability of the Location.
It is the responsibility of the Client to determine whether the Location requires any further permissions (and if so, that these are confirmed proceeding the shoot taking place), be it in relation to areas adjacent to the Location, from the local authority or other third parties, in order to facilitate the production.
The Agent greatly recommends that a qualified Location Manager be hired by the Client to overlook the production, to undertake a recce, to organise access, parking, permissions and responsible care of the Property. Responsibility for the obtaining of permissions, notification of relevant authorities, and the notification of neighbours, rests entirely with the Client. The Agent will not be liable for any loss or damage suffered by the Client or the Owner as a result of the Hire, or the cancellation of the Hire.
Every effort is taken to accommodate access to the Website 24 hours a day; however the Agent will not be liable if for any reason the Website is unavailable now and then or for any amounted time. Access to the site may be halted temporarily and without notice in case of system failure, maintenance or repair or for reasons beyond the Agent's operation.
The Agent shall not be liable for any loss or damage (howsoever 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 due to your use of the Website or to the download of any material from the Website, or on 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 shall fully co-operate with any law enforcement authorities or court order requesting or directing the Agent to disclose the identity or locate anyone posting any material in breach of this clause.
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 isn't a charge for using the Website, searching the location library or arranging location recce(s). The Location Hire Fee will be discussed and agreed upon to suit both parties after taking all factors into consideration. If a Location is booked and confirmed, a small Administration Fee of £100 will be charged to cover administration costs (administration fee(s) are non-refundable).
Invoice(s) are to be paid in advance of the production. Failure to pay the fees in advance of the production may result in access to the Location being prohibited.
Location Locker may ask for a Security Deposit to cover against any damage that may occur from the Clients usage. This is usually between £100 to £1000 or more depending upon the type of Location and type of modifications the Client wishes to make. It is at the discretion of Location Locker as to whether this is necessary. Security Deposits will be issued and payable in conjunction with the invoice. The deposit will be held by the Agent.
The overtime hourly rate will be stated within the Location Hire Agreement. Overtime payments will initially be deducted from the Security Deposit., a separate invoice will be sent to the Client where the Security Deposit does not cover the amounted overtime fees.
Thomas Potter trading as Location Locker is not registered for Value Added Tax; Value Added Tax will not be charged.
Any Administration Fees, Location Hire Fees and if necessary, Security Deposits are payable to the Agent strictly in advance of the shoot in the form of Direct Bank Transfer. Payment will only be deemed to have been received by the Agent when it has cleared into the Agent's bank account. Failure to pay the fees in full in advance of the shoot may result in access to the Location being prohibited.
LOCATION HIRE AGREEMENT:
Once a Location has been booked, the Agent will draw up a Location Hire Agreement which will set out, amongst other things, the rights and obligations surrounding the use of the location, the images taken and the rights of the Agent, the Owner and the Client.
Any person signing the Location Hire Agreement must be validly authorised to do so and anyone knowingly misrepresenting themselves to be so authorised will be liable for any damage or loss suffered by the Agent and/or the Owner. Once the Location Hire Agreement has been signed by the parties to the Agreement, this will confirm the booking and the Client shall be liable for 100% of the fees outlined. Until the Agreement is signed the client risks losing the Location.
PUBLIC LIABILITY INSURANCE:
To hire any of the Locations on Location Locker’s database you must provide proof of valid Public Liability Insurance to a minimum of £5,000,000 although some locations may require a minimum of £10,000,000. The Public Liability Insurance cover must be in the same name as the Client on the Location Hire Agreement.
Failure to provide proof of valid Public Liability Insurance and/or failure to sign and deliver the Location Hire Agreement in advance of the shoot will result in access to the Location being prohibited.
BOOKING A LOCATION:
Availability and suitability of any given Location appearing on Location Locker's library can only be confirmed upon entering in to the Location Hire Agreement. You should not try to speak directly with the Owner until you are contracted to be on the Location and all negotiations have been concluded. A Client being in contact with the Location Owner directly is considered breaking terms of service; This may result in the booking being cancelled and the Client being charged the Administration Fee.
The Client acknowledges that they will make aware [the Owner] of the nature of the fictitious and/or real events being portrayed at the Location, this should either be passed through the Agent or discussed in person whilst on a location recce.
If, because of illness of actors, director or other essential artists and crew, weather conditions, defective film or equipment or any other occurrence beyond the Client’s control, the Client is unable to start work on the dates designated in the specific terms and conditions, or work in progress is interrupted during the Client’s use of the Location for any of the reasons set out in this paragraph, then the Client shall have the right to use the Location at a later date to be mutually agreed and for this later period to be treated as the Shooting Period (or, where applicable, the remainder of the Shooting Period) without additional payment to the Owner.
The Owner has 5 business days following the last day on site to declare to the Agent any damage that may have occurred or cleaning that is needed. In which event, the Client may want to inspect and assess the complaint, if they acknowledge responsibility, they:
shall be given the opportunity to either correct the damage or make restitution in a timely manner;
pay quotes for repairs by Owners own contractor;
or the Agent negotiates a fee to be paid by the Client to the Owner to cover the damages/cleaning.
The Client is aware that some damage claims may be subject to an insurance company investigation that may take some time to complete. The Agent will not be able to assist from this point and will simply pass over Client details to the Owner.
The Owner agrees that if filming, photographing or recording is not completed during the Shooting Period, the Client may be entitled to return to the Location to continue filming or to reshoot footage for a mutually agreed time (Additional Shooting Period) for an additional fee. The terms of this agreement shall apply to the Additional Shooting Period.
Confirmed bookings, which are cancelled by the Client no later than 48 hours before the commencement of the Shooting Period will be charged 50% of the Location Hire Fee & the entire Administration Fee (less the Security Deposit). Confirmed bookings, which are cancelled by the Client less than 48 hours before the commencement of the Shooting Period will be charged 100% of the Location Hire Fee & the entire Administration Fee (less the Security Deposit).
The Client agrees and acknowledges that if the Owner cancels the production for any reason, the Client shall be entitled to a full refund excluding the Administration Fee. This is non-negotiable, the Agent will not hold any responsibility for cancellation on the owner's behalf. Location Locker suggests that the Client always has a backup Location in place for this outcome.
Confirmed location photo shoots, which are cancelled by the Owner for any reason including weather, will be charged 100% of the Security Deposit.