Counter-parts: “counterparties” means that the agreement is valid, although each party has signed a different copy. In other words, each party can sign separately (even at different locations), and the agreement is mandatory once all parties have signed. Counterpart`s language is very common and often added to ensure that a facsimile or electronic copy will be as effective as an original copy. Ownership representation: The agreement should include representation of the owner, whether he owns the property or has the authority of the owner and has the power to grant all rights to the agreement. Remember that someone who rents only a property may not have that kind of authority; A tenant`s permission cannot protect you from action by the landowner. Omission relief: A location agreement may examine the right of the landowner to bring a cease and deseating action. In omission assistance (also known as a fair discharge) is a kind of court order, referred to as a non-enforcement order, which requires a defendant to seize (or abstain) a particular action. For example, a court could order you to stop exhibiting or distributing their records, which may put you in a less favourable position than if the building owner could only claim financial relief. Compensation: Compensation is a promise to cover the losses of another party. Local arrangements sometimes involve the obligation to compensate the landowner for certain types of rights and damages. For example, let`s say there`s a broken staircase on the property and someone gets hurt while you`re shooting. If you have promised to release the owner from a third party`s claims, you may end up on the hook if the victim sues the owner for negligence.
If the owner insists on a compensation clause, you should add an exception, also known as a carve-out, for claims resulting from negligence or intentional misconduct by the landowner. Permission to enter and register the property: This is the centerpiece of any location agreement. You should have the right to enter and make registrations on the property. The agreement should indicate the location, dates and time you will be added to it. It may also contain a provision that allows you to return to the property for additional records if necessary. Right to use records: The agreement should indicate how you will use the records. Are the recordings used for a specific project? In which media are the recordings used? Where are the recordings shown or exhibited? A broad grant of rights could include the right to send, exhibit and use recordings freely in all media, in the universe, for eternity, in any production. Third-party intellectual property: Location agreements can be directed to the intellectual property of third parties (i.e. not owned by the landowner) that may appear in your records. If z.B.
you see a painting in which you are filming, you may need to obtain permission from the copyright holder of that painting to include it in your film. Ownership of records: The agreement should stipulate that you will own the records. Full agreement: this type of provision, also known as the merger or integration clause, stipulates that the document is the whole agreement of the parties in this matter. Make sure that the agreement fully and accurately captures all of your expectations, because once you have signed an agreement with this type of arrangement, you can no longer rely on previous commitments or agreements between you and the landowner.