Application To Film

Please read and accept:

1. BACKGROUND

   The parties wish to enter into an agreement to document Council’s consent for the Production Company to undertake filming or photography for the duration of the period at the specified location within the Wyndham municipality which is owned or managed by Council, subject to the terms and conditions of this Agreement.

2. TERM

   Subject to earlier termination, this Agreement commences at the time and on the date stipulated in the filming period and ends at the time and on the date stipulated in the filming period.

3. ACCESS TO AND USE OF LOCATION

   3.1 Council permits the Production Company to access and use the Location for the purposes of undertaking filming.

   3.2 The Production Company is permitted to bring such property and equipment on to the location as are reasonably required to undertake the filming.

   3.3 The Production Company acknowledges that it may be required to enter an additional agreement with Council if the location is a community centre, library or sports ground/facility, and that any such requirement to enter into an additional agreement may incur additional fees.

   3.4 The Production Company acknowledges that it may be required to cancel/reschedule the filming period if ground conditions are deemed unsuitable for use due to inclement weather conditions.

4. LOCATION – PRODUCTION COMPANY OBLIGATIONS

   4.1 Resident notification and consent

   4.1.1 The Production Company must give residents and/or owners of properties in the vicinity of the location likely to be affected by the filming at least seven business days’ prior written notice of the filming.

   4.1.2 The Production Company must obtain the prior written consent of owners and residents prior to entering any private property within the vicinity of the location.

   4.2 Location use

   4.2.1 The Production Company must not impede access or increase traffic at the location for the duration of the filming period.

   4.2.2 The Production Company must not do anything at or within the vicinity of the location which may cause a nuisance or interfere with any other person or their property; or (in the reasonable opinion of Council) that is dangerous or offensive.

   4.2.3 The Production Company acknowledges and agrees that any temporary tents, marquees and the like erected at the location may be secured by weights only and are not permitted to be pegged or staked into the ground.

   4.3 Rubbish and equipment removal

   4.3.1 The Production Company must keep the location free from damage and clean and free from rubbish.

   4.3.2 At the end of the filming period the Production Company must remove all property and equipment and reinstate the location to the condition it was in prior to the start of the filming period, including making good any damage caused to the location caused by the removal of its property and equipment.  If required, Council will undertake reinstatement and/or repair works to the location at the Production Company’s cost.

   4.3.3 Any property and equipment not remove from the location within five business days of the date of the filming period will be deemed to have been abandoned by the Production Company and will become the property of Council and may be removed by Council at the Production Company’s cost and risk.

   4.4 Damage and incident notification

   4.4.1 The Production Company must give Council prompt notice of any damage caused to the location and of any incident involving death or physical injury occurring at the location.

5. FILMING

   5.1 The Production Company must advise Council promptly of any changes to its filming schedule.

   5.2 Council agrees not to unreasonably withhold its further consent for the Production Company to resume filming following the conclusion of the filming period where:

   a. reshooting whether in whole or in part is required; or

   b. adverse weather conditions caused a delay in filming.

   5.3 Council agrees not to grant any other right to use the location for any other purpose during the filming period which may interfere with the filming.

6. DRONES

   6.1 The Production Company must notify Council of any intention to use drones in the filming.  Where any drone to be used is over two kilograms in weight, the Production Company must submit to Council evidence of the drone’s registration with the Civil Aviation Safety Authority and a copy of the operator’s remotely piloted aircraft operator’s certificate (ReOC).

   6.2 The Production Company must comply with the Civil Aviation Safety Regulations Part 101 and all Civil Aviation Safety Authority requirements in its use of drones generally.

7. PARKING AND TRAFFIC MANAGEMENT

   7.1 The Production Company must comply with all traffic and pedestrian management plans submitted to and approved by Council for the duration of the filming period.

   7.2 The Production Company must ensure that any vehicles used in connection with the filming at or within the vicinity of the Location are legally parked in accordance with the Road Safety Act 1986,Road Safety Road Rules 2009 (Vic) and the Road Management Act 2004 (Vic).

8. PRIVACY

   8.1 The Production Company must comply with the Privacy and Data Protection Act 2014 (Vic) and Privacy Act 1988 (Cth).

9. REPRESENTATION OF THE LOCATION

   9.1 The Production Company may represent the location under its proper title (if any), as another actual place or property, or as a fictional place.

   9.2 The Production Company must not portray Council as endorsing or supporting any product or service or any views, opinions, attitudes or ideas suggested, conveyed, advertised, canvassed, depicted or otherwise expressed, without Council’s prior written consent.

10. INTELLECTUAL PROPERTY

    Council agrees that all photographs and video footage taken by the Production Company during the filming period for the purposes of the filming belong to the Production Company and may be used by the Production Company in connection with the filming.

11. INSURANCE RELEASE AND INDEMNITY

    11.1 The Production Company warrants that it holds and will maintain public liability insurance in a minimum sum of $20 million per single event for the duration of the filming period and any subsequent filming and will provide Council with a copy of its certificate of currency of public liability insurance on or before the signing of this Agreement.

    11.2 The Production Company uses the location entirely at its own risk and releases Council from all claims resulting from any damage, loss, costs (including legal costs), death or injury arising from its use of the location except to the extent that such claims arise out of Council’s negligence.

    11.3 The Production Company must indemnify and hold harmless Council, its Councillors, officers, and contractors against all claims resulting from any damage, loss, costs (including legal costs), death or injury arising from its use of the location except to the extent that such claims arise due to Council’s negligence.
     

12. FEES AND ACKNOWLEDGEMENT

    The parties agree that in consideration for the use of the location for the filming, the Production Company will endeavour to include an acknowledgement and thank Council and its residents in its credits.

13. FORCE MAJEURE

    Neither party will be liable in damages or otherwise to the other for any failure to comply with this Agreement as a result of an act of God, landslide, landslip, lightning, earthquake, fire, storm, flood, washout, blockade, epidemic, civil disturbance, pandemic, explosion or otherwise which is not within the control of the party invoking this clause.

14. RELATIONSHIP

    The parties acknowledge and agree that nothing in this Agreement or in the conduct of the parties will create any relationship of agency, partnership, employer and employee or joint venture between the parties.
     

15. DISPUTE RESOLUTION

    In the event of a dispute arising under or about this Agreement, the parties agree that:

    a. the party alleging the dispute will provide the other party with written details of the dispute;

    b. the representatives of the parties will meet in good faith within five business days of a dispute arising with a view to resolving the dispute;

    c. if the dispute cannot be resolved to the satisfaction of the parties within ten business days of any such meeting, the dispute will be escalated to senior officers of the parties to resolve, acting in good faith;

    d. if a dispute cannot be resolved between senior officers of the parties to the satisfaction of the parties within 10 business days of any such meeting, the parties may opt by agreement to appoint an independent mediator to assist in the dispute resolution;

    e. if the dispute is not resolved by mediation within 60 business days of appointment of a mediator, then a party may commence legal proceedings; and

    f. the costs of any mediator appointed will be borne equally by the parties.

16. TERMINATION

    Council may terminate the Agreement with immediate effect if the Production Company:

    a. commits a material breach of the Agreement which is not capable of remediation; or

    b. fails to remedy a breach of the Agreement within seven days of receiving a written notice specifying the breach to be remedied.

17. GENERAL

    17.1. The parties agree that the person (or such other person as is nominated from time to time) specified in this permit application is that party’s representative for the purposes of this Agreement.

    17.2 This Agreement constitutes the entire agreement between the parties and supersedes any previous agreement between them and may be amended only in writing signed by the parties.

    17.3 This Agreement will be construed in accordance with the laws of the State of Victoria.