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Garret Corporation (herein called "Principal"), hereby grants to ______________ (herein called "Company"), and it’s employees, agents, contractors, suppliers, and assignees, permission to enter upon and use that property comprised of approximately ____acres identified by Assessor’s Parcel Number: ____________, Agua Dulce, County of Los Angeles, State of California (herein called "Property") for the purpose of photographing and recording scenes in connection with the production of the theatrical motion picture entitled ____________________(herein called "Picture") by Company commencing on or about ____________________ (herein called "Commencement Date") for a period of _____________________(herein called "Term"). Specific dates of usage are ___________________________. Dates are subject to change on account of weather conditions or changes in the production schedule, and in no event shall Company have less than the actual days of use of the Property as specified per the Term.
Company may place all necessary facilities, equipment, and temporary sets on the Property, and agrees to remove the same after completion of work and leave the Property in as good condition as when it was received, reasonable wear tear form such permitted uses herein excepted.
Company agrees to use reasonable care to prevent damage to the Property and will indemnify Principal and hold Principal harmless from all claims and demands arising out of or based upon personal injuries, death, or property damage suffered by person(s) resulting directly from any act or negligence on Company’s part in connection with the work hereunder.
Principal understands that Company reserves the right to use or not to use, to re-use, and or reproduce, accurately or otherwise, the actual name(s), sign(s), logo(s), and trademark(s) and other identifying features of the Property, or to replace, disguise or otherwise alter same without regard to the actual appearance or name(s) of the Property and any part thereof and to recreate, photograph and/or record any such identifying features at another location, entirely as Company chooses.
Company shall have the right to photograph, record and use in any manner whatsoever any signs located on the Property and any verbiage contained on such signs in connection with or as part of the Picture and the right to refer to the Property and to any real or fictitious events as having occurred on the Property. Signs on the Property may, but need not, be removed or changed and, if so, will be replaced by Company.
Company shall have the right to reproduce, exhibit, advertise and exploit and license others to reproduce, exhibit, advertise, and exploit all of the photographs and recordings made hereunder in connection with the Picture in any and all media, whether now known or hereafter devised, throughout the world, in perpetuity, including without limitation, the right to use or authorize the use of any portion(s) of the Picture containing the
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photographs and recordings made hereunder in other motion pictures. Company shall be the sole owner of all right, title and interest in and to the Picture and all photographs and recording hereunder, and neither the Principal nor any tenant, or other party now or hereafter having an interest in the Property, shall have any right of action against the Company or any other party arising out of any use of said photographs and/or sound recordings, whether or not such use is, or may be claimed to be, defamatory, untrue or censurable in nature and Principal hereby waives all rights of privacy, publicity, and other rights of a similar nature in and to such photography or soundtrack.
Principal may not enjoin, restrain or otherwise interfere with the use of the Property as provided in the Agreement or with the advertising, exhibiting or exploitation of said films, photographs, and/or recordings or with any of the rights herein granted.
In full consideration of the rights granted and conveyed to Company herein, Company will pay to Principal:
$_______________________________________________________ (U.S. Funds).
____________ A.P.N. ____________ Use______ Rate______
Total Consideration $__________
Payment is due prior to the preparation of the site and in no event later than the first scheduled date of Principal Photography. Certified funds only.
The Commencement Date above contemplated and the term of any obligation of the parties shall be postponed for a period equal to the period of any act of God, fire, strike, or other labor controversy, law or other government regulation which hinders or prevents Company from using the Property as contemplated and the term shall be extended for such period as Company may reasonably require to complete its’ use of the Property hereunder.
Company is not obligated to actually use the premises or produce the Picture or include scenes shot hereunder in the Picture.
If Company uses the premises beyond the Term; Principal shall receive a pro-rate payment for each additional day of use.
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If Company requires use of the premises beyond the Term, Principal shall permit Company to re-enter upon and again utilize the premises for such purposes. The dates for such additional use shall be subject to Principal’s approval, which approval Principal shall not unreasonably withhold, and principal shall be compensated for such additional use on a pro-rate basis at the prevailing rates as specified above.
Principal hereby warrants that Principal has the right and the authority to make and enter into this Agreement and to grant to Company all rights set forth herein. The consent or permission of no other person, firm, or corporation is necessary in order to enable Company to enjoy full rights to the use of the Property as outlined herein. The undersigned will take no action, or allow or authorize any third party to take any action which might interfere with the full use and enjoyment of the Property by Company as outlined herein. There are not outstanding contract or commitments of any kind which conflict with this Agreement or may limit, restrict or impair Company’s use and enjoyment of the Property or the rights granted to Company hereunder. Principal hereby agrees to indemnify Company from and against any and all losses, liabilities, damages, expenses and claims (including reasonable attorney’s fees) arising from or relating to any breach of said representations and warranties or agreements made by Principal in connection with the Agreement or from Principal’s negligent acts or willful misconduct. No other authorization is necessary to enable Company to use the Property for the purposes herein contemplated.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
This Agreement cannot be changed, modified, or altered, without the written consent and signature of both Principal and Company.
Company will forward an original Certificate of Insurance naming Principal as an additional insured and loss payee prior to Commencement to _____________________. Company will forward an additional Certificate of Insurance to S.O.S.FilmWorks, as loss payee, via facsimile to (661) 251-3007.
In Witness whereof, the parties have executed this Agreement in the City of Santa Clarita, County of Los Angles, State of California as of the date first above written.