THE LOCATION STORE TERMS OF BUSINESS

 

We are THE LOCATION STORE LIMITED (throughout “TLS” “we”, “us”, “our” and “ours”)

You are a client or potential client of ours and are the recipient of these Terms of Business (throughout “you”, “your” and “yours”)

Introduction: These terms (“Terms of Business”) including an owner or hirer schedule set out the arrangements between you and us for the introduction of locations available for hire (“a location”) for use in the production of films, video, photographic and all other audio, visual and interactive media (“a production”). By your use of this website any act by you of accepting or requesting services from us or using in any way information from us relating to a location is deemed to be and shall constitute your acceptance of these Terms of Business. Upon such acceptance, and in consideration of the mutual benefits therein, these terms apply.

General

We are agents for location owners (“owner(s)”) and TLS holds photographs and information relating to locations for productions by location hirers (“hirer(s)”). All location contact details and information released by us to you and all images subsequently taken of the location prior or during hire shall be used by you only for the purposes of the production requested and only shared with third parties for the purposes of that production.

All images contained within this website (“THE LOCATION STORE”) at www.thelocationstore.co.uk are and remain the copyright of TLS.

You may download the images from THE LOCATION STORE for non-commercial personal or professional use and for reference only. The material on THE LOCATION STORE may not be used for commercial use or altered, copied, reproduced or transmitted without our prior written permission.

All subsequent and future enquiries relating to the use and/or hire of locations whose details have been requested from TLS will be handled exclusively through TLS.

Provision of a location by TLS for a production will be subject to a location agreement between owner and TLS  and hirer and TLS.

All location hire is subject to contract, and the Owner reserves the absolute right to refuse the booking without giving a reason. A location appearing on the website does not guarantee availability either for a specific shoot or any specific date.

All location hire fees for a production to be paid prior to the commencement of filming/photography otherwise access wil be prohibited.

We will endeavour to facilitate the provision of a location for a production on request and reasonable notice. We are unable to give any undertaking as to the availability or suitability of any location for your purposes. It is your responsibility to ascertain suitability of a location for the production and to ensure that all necessary measures, relevant permissions and arrangements required for the completion of the production at the location.

Use of THE LOCATION STORE and arranging visits to a location prior to a production (recces) are without charge, but confirmation including verbally, of use of a location for a production will be subject to a library fee and hire deposit.

At the time of any such recce, the hirer assumes full legal responsibility for equipment and/or personnel that enter the property. TLS will not be liable for any loss or damage to the hirer suffered as a result of the hire.

Should you upload or send images or information to us whether or not via this website as a potential location owner or production you consent to our retention of that information.

Use of THE LOCATION STORE @ www.thelocationstore.co.uk & locations

The personal data of owners including, but not limited to, names, address & phone numbers is confidential information, it is stored securely and is not visible on the website. We will never impart your information to third parties without your express permission, or in the course of providing a service to you, ie, drawing up a Location Agreement with a location owner or hirer. Owners and hirers agree to discuss the use of the location with us only and keep all information relating to our business confidential and not to disclose it to any other party without our written consent.

Information, photographs and images displayed by us on THE LOCATION STORE and by TLS are done so with no guarantee, condition or warranty by us as to accuracy or completeness and are provided as a guide only. We strongly advise potential hirers to visit the location in advance of production to ensure that the location is suitable and available. The hirer is responsible for obtaining all and any necessary permissions to use a location, ie. Local Authority permission and notification of areas adjacent to the location including neighbours.

We accept no liability for reliance on information, images or photographs displayed by us on THE LOCATION STORE and/or by TLS, nor for any loss, damage or inconvenience arising from the unavailability or the unsuitability of a location or failure to secure the necessary relevant permission to use a location.

We are committed to preserving the privacy of visitors to THE LOCATION STORE, hirers and, owners. Your information shall be used for the purposes of addressing your requests, providing our services and communicating with you. We shall never share your information, except with your permission, and with the purpose of providing services to you. Your personal details will be held securely in accordance with the EU General Data protection Regulation (Regulation EU2016/679. The LOCATION STORE processes personal data according to our privacy Statement which can be viewed here – TLS-Privacy-Statement

You agree only to use THE LOCATION STORE only for lawful purposes and shall not misuse THE LOCATION STORE including, but not limited to, hacking, or the misuse of information or images available on THE LOCATION STORE or provided to you by us.

The hirer shall indemnify and keep indemnified TLS and an owner against all claims, damages, costs and proceedings arising out of or in connection with damage to the location, the contents of a location and/or any third parties arising from the hirer’s use of the location, the hirers negligence, acts or omissions and without prejudice to the foregoing the hirer shall at the hirers expense make any good any such damage to the location, the contents of the location and/or that of any third parties up to the sum insured of £5,000,000 (five million pounds).

Fees

There is no charge to use the website, conduct initial searchres or organise recces.

Library fees of £175.00 per location hire are payable by the hirer on confirmation, which need not be in writing, of a location hire.

The hirer remains liable for all library fees on confirmation of a location hire whether or not the use of the location for a production is pursuant to a location hire agreement.

Location hire fees depend on the location and production. In addition to the location hire deposit a damage deposit may be payable in advance of and held until completion of the relevant production and released after the production. It remains at the discretion of the owner and TLS whether a damage deposit is required.

We shall negotiate the terms of the location hire agreement including fees on behalf of the owner and payment shall be made by the hirer to us. The owner shall be paid the fees less our commission of 20% within 14 days of the completion of the production.

Unless agreed otherwise overtime shall be charged at 1.5 times the hourly rate for location hire set out in a location agreement. Overtime payments shall be invoiced and must be paid in full within one week. Outstanding sums due to TLS and/or the Owner will carry interest in accordance with UK Late Payment of Debts legislation.

Payment of all library fees, location hire fees and deposits are to be paid in advance and in any event no later than 4 days (92 hours) prior to a production (which shall include any preparation or build days). Payment to be made by cash, BACS or cheque payable to THE LOCATION STORE LIMITED. Payment will only be deemed to have been received by TLS when it has cleared in the Company’s bank account.

On completion of a location hire agreement the hirer is liable for all location hire fees and library fees. A reduction in this liability for location hire fees may be agreed at the discretion of TLS in the event of a cancellation of the production no less than 48 hours prior to the production. For the avoidance of doubt library fees remain payable by the hirer who accepts liability for those fees on confirming a location hire.

On confirmation of a location hire we shall draw up a location hire agreement. This agreement will set out amongst other things the rights and obligations in respect of the use of the location and of any images, films, video, photographic or other audio, visual and interactive media produced at the location for the purposes of a production and the rights of owner, hirer and us. For the avoidance of doubt, the Location Agreement must be in the same name as appears on the Public Liability Insurance. Any person signing the Location 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 TLS and/or the location owner.
The hirer must provide evidence of proof of Public Liability insurance in the hirer’s name of a minimum of £5,000.000 on confirmation, and in any event prior to the entering of the location hire agreement.
Failure by the hirer to provide evidence of Public Liability insurance or to complete the location hire agreement will result in access to the location being prohibited.
We recommend that a qualified location manager be engaged by the hirer for the production and can provide these services by agreement with the hirer including the organisation of access, permissions and care of the location.
The Terms and Conditions are subject to the law of England and Wales and are subject to the exclusive jurisdiction of the English Courts.