This location release is between
1. PERMISSION; RESPONSIBILITIES.
- (a) Permission. The Owner grants permission to the Producer to enter and use the premises located at
, , , (the "Location") on between (the "Start Date") and (the "End Date"), between the hours of a.m. p.m. and a.m. p.m. for the purpose ofrehearsing, photographing, filming, and recording (collectively, "Filming")a scene for (the "Location Use"). The Owner may not bring a claim, including a claim based on invasion of privacy or publicity, or defamation, against the Producer in connection with the Producer's entry and use of the Location and exercise of other rights granted by this release. - (b) Responsibilities of the Producer. The Producer shall:
- (i) except for normal wear and tear or if a Force Majeure Event (as defined in section
below) occurs, leave the Location in the same condition it was before the Producer's use; - (ii) use reasonable care to prevent damage to the Location;
- (iii) comply with the reasonable security and safety requests or policies of the Owner;
- (iv) comply with applicable laws, codes, and ordinances, including fire and noise ordinances; and
- (v) obtain any necessary releases, permits, clearances, licenses, or similar permissions from any third party who would otherwise be entitled to assert a claim in connection with the Filming.
- (i) except for normal wear and tear or if a Force Majeure Event (as defined in section
- (c) Responsibilities of the Owner. The Owner shall:
- (i) provide all assistance and cooperation to the Producer in order to enable the Location Use.
2. LOCATION USE.
The Producer may use the
- (a) bring to and use at the Location equipment, personal property, props, facilities, temporary sets, and other necessary materials, but the Producer must remove all of these materials when its use of the Location is complete;
- (b) bring any necessary personnel, including security personnel, to the Location;
and - (c) move or rearrange furniture or decorative items, if the Producer returns those items to their original locations on completion of the Location Use
; ; and ; and . (d) use the Location exclusively and prevent the Owner from entering the Location without the prior written consent of the Producer ; and . (d) (e) with the prior consent of the Owner, use the Owner's name or sign in the Footage, as defined in section 4(a)(i) below, or in any advertising, publicity, or promotional materials.
3. COMPENSATION; EXPENSES.
- (a) Location Fee. In exchange for the Location Use, the Producer shall pay the Owner
per day week month of Location Use (the "Location Fee")on the Start Date days before the Start Date days before the Start Date (b) Additional Filming. With the prior consent of the Owner, the Producer may reenter the Location to shoot additional scenes or retakes at a rate of per hour day . (b) (c) Actual Use. The Producer has no obligation to actually enter and use the Location for Filming. Except in the case of a Force Majeure Event (as defined in section ), if the Producer notifies the Owner that the Location Use is no longer needed, the Producer shall pay the Owner in full satisfaction of the Producer's obligations under this release within days after this notification. (b) (c) (c) (d) Reimbursement. The Producer shall reimburse the Owner for the following costs resulting from the Location Use:electricity , , , garbage , , hotel/relocation costs , . The Owner shall invoice the Producer for these costs and include all receipts no later than days after those costs are determined. The Producer shall pay each cost invoice no later than days after its receipt.
4. PARTIES' RIGHTS.
- (a) Producer's Rights.
- (i) Right to Footage. All interest in the Filming at or of the Location (the "Footage") in connection with this release is the sole property of the Producer, and the Owner will have no ownership or other rights
(including inspection or approval rights) in the Footage. - (ii) Right to Use Footage. The Producer may use and exhibit the Footage in all media, now known or unknown, in perpetuity, throughout the world.
- (iii) Right to Reschedule. If there are adverse weather conditions or other Filming constraints, the Producer may reschedule the Start Date
or End Date up to to another date acceptable to both parties, for the same compensation and on the same terms provided in this release.times
- (i) Right to Footage. All interest in the Filming at or of the Location (the "Footage") in connection with this release is the sole property of the Producer, and the Owner will have no ownership or other rights
- (b) Owner's Rights.
- (i) Right to Remove. The Owner may remove the Producer from the Location immediately if the Producer fails to comply with any reasonable security or safety requests made by the Owner or the Owner's policies, or if the Owner otherwise determines in good faith that the Producer is acting improperly.
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.
- (a) Of Owner by Producer. The Producer shall indemnify the Owner from all damages, liabilities, costs, expenses, claims, and judgments, including reasonable attorneys' fees and disbursements (collectively, the "Claims"), that it may incur and that arise from: (i) the Producer's negligence or willful misconduct arising from the Filming, including any bodily injury, personal injury, death, or property damage that result primarily from any act or omission of the Producer in connection with the Location Use; or (ii) the Producer's breach of any of its obligations under this release.
- (b) Of Producer by Owner. The Owner shall indemnify the Producer from all Claims that it may incur and that arise from the Owner's breach of any of its obligations or representations under this release. However, the Owner is not obligated to indemnify the Producer if any of these Claims result from the Producer's own actions or inactions.
- (c) Insurance. The Producer shall obtain, and at all times during use of the Location maintain, a commercial liability insurance policy for bodily injury, public liability, personal injury, and property damage with a minimum single limit of
per occurrence to cover the Location Use and any liabilities that may occur in connection with it. The Producer shall add the Owner as an additional insured on that policy. The Producer shall provide a certificate of insurance to the Owner no later than days before the Start Date.
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:
- (a) notify the other party of the Force Majeure Event and its impact on performance under this release; and
- (b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this release.
9. GOVERNING LAW.
- (a) Choice of Law. The laws of the state of
govern this release (without giving effect to its conflicts of law principles). - (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in
County, .
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.
- (a) No Assignment. Neither party may assign any of its rights under this release, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
- (b) No Delegation. Neither party may delegate any performance under this release, except with the prior written consent of the other party.
- (c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.
12. COUNTERPARTS; ELECTRONIC SIGNATURES.
- (a) Counterparts. The parties may execute this release in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
- (b) Electronic Signatures. This release, agreements ancillary to this release, and related documents entered into in connection with this release are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original 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.
- (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this release shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this release: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
- (b) Addresses. A party shall address notices under this section to a party at the following addresses:
- If to the Producer:
- If to the Owner:
- (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
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.
Location release form: How-to guide
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.
What is a location release form?
This document is an official agreement between the property owner and the producer that outlines the terms of use for the property.
- A location release form is signed by a property owner whose property is used by a specific individual or group to shoot their film content and the filming producer.
- It proves that the location owner has permitted the use of their property for film shooting purposes.
- The form includes details surrounding the transaction and outlines the production company's and location owner's expectations.
When do you need location release forms?
These location release forms are required after securing the most appropriate location for filming a documentary, film, commercial, music video, or social content.
Why is a location release form important?
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:
- Legal action from the owner or other parties: Without a location release form, it's possible to face legal action from the owner or other parties with a stake in the property. For instance, if a production company or filmmaker captures footage on a property without the owner's consent, they can sue the company for trespassing or copyright infringement.
- Conflicts with the owner or property manager: Without a location release form, there is a chance of a conflict between the property owner and the filmmaker over unforeseen issues. For instance, once the production is complete at a specific location, the team must restore it to its original state. This typically involves taking pictures before and after the production to guarantee that the location is left in the same condition as it was found initially. The parties may have conflicts if the ground rules are not followed.
- Loss of access to the property: It is vital to have a location release form before shooting on someone else's property. Without it, the owner may sometimes demand that you vacate the premises immediately, which could ruin the entire plot and result in wasted efforts from the production crew. It may affect the shooting crew's morale and impact the final product, whether a film, video, or commercial.
What are the key aspects to consider in a location release form?
Hiring a location scout
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.
- A location scout works closely with the director to understand the locations that best suit their vision and the story.
- They collaborate with the producer to ensure the locations fit the project's budget.
- Secure permission to shoot at a property.
Selecting the right location
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.
Initiating communications with the property owner
It is crucial to communicate with the location owner to discuss the intended usage of the location by the producer.
Logistics and other permissions
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.
Setting a timeline
A location release form must include a set timeline for handing over the location before and after the shoot.
Understanding the clauses for a location release form
Introduction
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.
Permission; responsibilities
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:
- Leaving the location as it was received initially by the production team.
- Care to prevent damage to the location.
- Compliance with the security and safety measures specified by the owner.
- Obtaining the necessary permits from any third party associated with the filming.
Owner's responsibilities:
- Assisting the producer in every aspect of production to ensure the project is completed successfully.
Location's use
This section defines the terms of the location usage; for example,
- It includes using equipment, props, personal property, or any temporary setting deemed necessary for the shooting.
- Allowing access to security personnel or any other individuals outside of the production team
- Furniture and decorative items may be moved or rearranged as long as the team ensures they are returned to their original places after the location's use is completed.
Compensation; expenses
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.
Parties' rights
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.
Representations
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.
Indemnifications
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.
Force majeure
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.
Governing law
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.
Amendments
This clause specifies that any modifications to the agreement are only considered valid if they are in writing.
Assignments and delegations
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.
Counterparts; electronic signatures
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.
Severability
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.
Notice
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.
Waiver
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.
Entire agreement
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.
Headings
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.
Effectiveness
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.
Necessary acts
According to this section, each party shall use reasonable efforts to ensure the release is complete and effective in its intent and purpose.
Frequently asked questions
What's a location release form?
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.
What information is needed to complete your location release form?
Here's the information needed to complete your location release form:
- Details of the producer: Have the name and contact information of the producer ready
- Details of the location's owner: Have the name and contact information of the location's owner ready
- Details of the location: Get the complete address with any known landmarks. This would smoothen the logistics and any transfers or transit
- Duration of the shoot: Know the length of the shoot and any restrictions regarding rehearsals
- Compensation and other charges: Get the details of the fees charged by the owner of a property as well as any additional expenses for which they may require reimbursement
Artwork Release Form
Get permission to use artists' copyrighted works in a visual production with an artwork release form. Clarify the terms of usage, compensation, and other guidelines.
Model Release Form for Adults
Obtain consent from models to use their pictures with a model release form. Get the terms in writing and explain where and how you will use the pictures.
Model Release Form for Minors
Take the necessary permission from a minor model's parents or guardians to publish their pictures. Create a model release form for minors to secure the pictures with consent.
Sponsorship Commitment Form
Make it easier for sponsors to fulfill their commitment with a sponsorship commitment form. Get assurance from your sponsors on financial support.
Submission Release Form
Get consent to use a creator's work with a submission release form. Protect the rights of involved parties by clearly defining usage terms of the submitted content.
Talent Release Form for Adults
Obtain consent from people for using their voices, images, or performances with a talent release form. Provide assurance to the talent of the rightful usage of their assets.