This location release is between
1. PERMISSION; RESPONSIBILITIES.
2. LOCATION USE.
The Producer may use the
3. COMPENSATION; EXPENSES.
4. PARTIES' RIGHTS.
5. OWNER'S REPRESENTATIONS.
The Owner hereby represents that it is the sole owner of the Location and has authority to permit the Location Use, and that no third-party permissions are required.
6. INDEMNIFICATION; INSURANCE.
8. FORCE MAJEURE.
A party will not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this release by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
9. GOVERNING LAW.
10. AMENDMENTS.
No amendment to this release will be effective unless it is in writing and signed by a party or its authorized representative.
11. ASSIGNMENT AND DELEGATION.
12. COUNTERPARTS; ELECTRONIC SIGNATURES.
13. SEVERABILITY.
If any one or more of the provisions contained in this release is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this release, but this release will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this release to be unreasonable.
14. NOTICES.
15. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this release will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
16. ENTIRE AGREEMENT.
This release constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this release. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this release are expressly merged into and superseded by this release. The provisions of this release may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this release by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this release. Except as set forth expressly in this release, there are no conditions precedent to this release's effectiveness.
17. HEADINGS.
The descriptive headings of the sections and subsections of this release are for convenience only, and do not affect this release's construction or interpretation.
18. EFFECTIVENESS.
This release will become effective when all parties have signed it. The date this release is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this release.
19. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this release contemplates or to evidence or carry out the intent and purposes of this release.
[SIGNATURE PAGE FOLLOWS]
Each party is signing this release on the date stated opposite that party's signature.
Date: _________________ |
By:__________________________________________ |
Name: |
|
Date: _________________ |
By:__________________________________________ |
Name: |
How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.
In the glamorous world of filmmaking, the location is vital in establishing the overall mood of the shooting and can even act as a distinct character. Professionals like commercial and art filmmakers, photographers, and producers find it exciting to get a location that justifies the characters and becomes the backbone of the entire script.
When selecting a location for a shoot, it's essential to consider more than just practical concerns. Choosing the right location and handling the property requires careful thought, considering logistical and creative factors.
However, as with any other collaboration, starting a massive endeavor with an oral confirmation isn't enough. The production house must obtain the property owner's permission to use a property for filming or photography purposes. Filmmakers, photographers, music professionals, and producers usually use location release forms to obtain permission to use someone's property.
The location release form template attached to this page can be a good reference point for drafting a location release agreement or a location agreement with all the details, such as the shooting location, details of the location owner, and more.
This document is an official agreement between the property owner and the producer that outlines the terms of use for the property.
These location release forms are required after securing the most appropriate location for filming a documentary, film, commercial, music video, or social content.
A location release form is crucial for film production because it provides legal permission to use the location. The property owner or manager may require you to have the proper permits to film on their property. Therefore, it is essential to have a location release form to protect oneself and ensure a smooth production. Not having this form in place can lead to unfortunate instances like:
Cinema has the power to transport audiences to distant locations virtually. Securing the perfect location for a film production is crucial, and this task is assigned to a location scout. However, hiring a location scout is optional and depends on the discretion of the director, producer, and other concerned authorities, along with the budget allocated. Location scouting assigned to professionals is recommended to ensure that the right individual does this highly creative job. With their creative eye and solid logistics planning skills, they locate and secure the ideal places matching the varied film scenes.
After hiring the most eligible location scout for your next film, it's time they start hunting for the most lucrative locations for your project while following the guidelines of the screenplay team.
It is crucial to communicate with the location owner to discuss the intended usage of the location by the producer.
It is essential to clarify the logistics involved and address any concerns related to the transfer process with the property owner to avoid misunderstandings and future claims.
A location release form must include a set timeline for handing over the location before and after the shoot.
This section lists the vital details of the production company and the owner/manager of the location where the production occurs.
Add the production company's name, address, and other relevant information, along with the name and contact details of the person in charge of the location where the production will be shot. This information is critical for effective communication and coordination between the production company and the location owner/manager to ensure a smooth and successful production process.
To ensure a safe and successful shoot, obtaining permission from the location owner or property in charge is essential. This clause outlines the consent of the location owner or property in charge, details of the location, start date, purpose of the shoot, and responsibilities of both the producer and location owner. The responsibilities of the producer and the location owner include any specific requirements or restrictions that may apply. By carefully outlining these details and responsibilities, both parties can work together to ensure the shoot is productive and successful while maintaining a safe and respectful environment for everyone involved.
Producer's responsibilities:
Owner's responsibilities:
This section defines the terms of the location usage; for example,
This section details the compensation the producer would pay the location's owner in exchange for using the location for shooting purposes. It also establishes the expenses (if any) the producer must pay the property owner while utilizing the location. The owner shall raise the invoice, including all receipts, by the given date. The producer should pay the owner this amount within a set deadline as agreed by both parties.
This section provides an overview of the rights held by the producer and the owner.
Producer's rights:
This clause describes the rights to use the footage granted to the producer, including the release of liability for using said footage from the location.
It also specifies the producer's right to reschedule the shooting due to unforeseen circumstances, such as weather or unfavorable conditions for filming.
Owner's rights:
This section clarifies the owner's rights to uphold the safety and security of the location premises.
If the producer fails to comply with the location's upkeep policy guidelines, the owner reserves the right to remove the production team from the location. The owner may also immediately remove the producer and their team in good faith if they behave differently than expected.
In this section, the location owner confirms that they are the sole owner of the mentioned location and are authorized to permit its use without requiring permission from any third party.
This clause specifies that the owner and producer must indemnify each other and that the producer must obtain an insurance policy to cover any damages that may occur while using the location.
This section states that if an event beyond one's control, such as fire, flood, earthquake, strike, war, and more, makes it impossible for a party to perform its obligations, it may be released from such obligations. This release is effective only if circumstances prevent that party from completing its tasks.
However, if a force majeure event occurs and a party can't discharge its duties under the agreement, it must give written notice to the other party immediately. It is recommended that they also provide written notice when the problem is resolved and perform their duties under the release as soon as possible.
This section states that the parties can select the laws of the state that will be used to interpret the document. As the producer and the location may be in different states, the applicable law may vary. It is important to note that this section does not serve as a venue provision.
This clause specifies that any modifications to the agreement are only considered valid if they are in writing.
This section of the agreement relates to the possibility of transferring responsibilities or authorizations to others. It indicates that if either party wishes to assign or delegate its rights and interests under the release, it must first obtain written consent from the other party. If an assignment or delegation violates this clause, it will be deemed null and void.
This clause ensures that even if the parties signing the agreement are located in different cities and use electronic devices to transmit signatures, all the individual components will be considered a single agreement. This eliminates concerns about the agreement's validity and allows for efficient business transactions.
This clause safeguards the validity of the entire agreement, even if one part is later deemed invalid. For instance, if a state law is enacted that prohibits choice-of-law clauses, it will not nullify the entire document. Only the section of the agreement regarding choice of law would be nullified, while the rest remains enforceable.
This section specifies the mailing addresses for official or legal correspondence for the producer and the location owner. Provide the mailing address for both parties.
This section clarifies that if a party wishes to waive a breach or failure of any condition, right, or remedy under the agreement, it must be done in writing and signed by the party waiving the breach. Further, any such waiver will only have a continuing effect if it is in writing and signed by the party waiving the breach.
This section confirms that the document they are signing is "the agreement" about the issue involved. It is a comprehensive document explaining the subject matter of the release.
This section explains that the headings at the beginning of each section organize the document. However, the headings should not be used to interpret the clauses.
This section clarifies that the agreement will be effective only after all parties have signed it. The date of the last signature will be considered the effective date of the release.
According to this section, each party shall use reasonable efforts to ensure the release is complete and effective in its intent and purpose.
Choosing real-world locations instead of sets can be a cost-effective and authentic option for TV shows, movies, and commercials. However, filming on location involves certain risks. A location release form is necessary to protect the production team and the location's owners. Before filming starts, it is vital to secure a location and clearly define the roles and responsibilities of the producer and the owner in writing. A producer can ensure this with a location release form.
Here's the information needed to complete your location release form: