LOCATION HIRE TERMS AND CONDITIONS
1. Booking and General
1.1‘The Tudor House’, ‘St Clements House’ and ‘The Shop’ (the Properties and, individually, the Property) are the trading names for properties for location hire at 135 All Saints Street, Hastings; 29 Croft Road, Hastings; and 36 High Street, Hastings respectively, belonging to Alastair Hendy, trading as AG Hendy & Co (we, us).
1.2 You (the person or company signing this agreement) have agreed to hire one or a number of the Properties on the following terms and conditions (Hire) between us (Agreement).
1.3 The Property or Properties, the period of the hire (the Hire Period) and the fee for the Hire (the Fee) are those specified in the particulars set out in paragraph 11.
1.4 To Hire a Property you must first sign and send this Agreement to us and confirm your agreement in writing to the hire of the Property, the Fee and Hire Period.By signing and returning the Agreement, you warrant that you have authority to do so.
1.5 All bookings, enquiries and correspondence should be directed to:
A G Hendy & Co, 36 High St, Hastings, East Sussex TN34 3ER, United Kingdom
+44 (0)1424 447171
info@aghendy.com
1.6 You will take responsibility for the acts of all the other persons occupying the Property with you during the hire and you will procure that they will comply with these terms and conditions.
1.7 The Hire is not transferrable to any other person.
2. Licence
2.1 Subject to the following terms, this Agreement grants a license to you, your employees, crew, photographers, camera operators, associates, models and partners (Users) to enter upon the Property during the Hire Period (up to the maximum specified in paragraph 2.2) to film, photograph or transmit all or any part of the interior, the exterior and the agreed contents of the Property (the Works) and for such purpose to bring onto and into the Property such persons and equipment as you may reasonably require to carry out the Works.
2.2 The maximum number of Users shall be agreed between us.If this number is exceeded you will pay a further £50 per person per day to cover the greater risk of accidental damage occurring as a result.
2.3 You shall be entitled to use any films, photographs or records made and/or taken by you at the Property for the purpose as set out to us before the commencement of the Works and for no other.You warrant that the Works will not be used for any other purpose.
2.4 You may, in the course of any work created by it, refer to the property by its true name or by a fictitious name or not to refer to the Property by name and shall have no obligation to me to include any or all such films, photographs, recordings or transmissions in any films or programme or to exploit the same or any film or programme in which the same are included.
2.5 You warrant that you have confirmed in writing to us the nature of the scenes which are to be shot, recorded and/or transmitted in, around or from the Property, and by virtue of this Hire we consent and agree to these Works taking place and confirm that we do not make any objection to the Property being used for any purpose that you have set out in writing to us in advance and which we have agreed.
2.6 You undertake not to sublet or licence the Property or allow the Property to be used for any illegal or immoral act.
2.7 You shall obtain any necessary consent for the Works from any relevant party, including all public authorities and, if it is required, conduct a letter-drop to all neighbours of the Property so as to notify them in advance of the Works.You shall be liable for any matter arising in consequences of any failure to do so.
3. Fee
You agree to pay the Fee at the times and in the manner set out in the payment schedule to this Agreement.
4. Our obligations
We shall:
4.1 make available the Property during the Hire Period;
4.2 give you such information and assistance as it may reasonably require in connection with the Property; and
4.3 specify any objects at the Property that are not to be used for set-dressing.
5. Your obligations
You undertake and agree that in connection with the Works or its occupancy under this Hire:
5.1 you will not make any structural or decorative alterations to the Property;
5.2 you will procure that no one shall smoke, eat or drink at the Property unless agreed with us;
5.3 floor areas and surfaces at the Property will be appropriately protected from damage, and any furniture and objects that have to be moved for the purposes of the Works will be moved carefully;
5.4 if using candles and fires, they are never to be left burning without someone in attendance in the same room;
5.5 where necessary for the purposes of the Works you will arrange for the furniture and objects to be removed from the Property and stored safely and securely before the commencement of the Works to a place approved by us and you shall make good any damage caused to furniture and objects during such removal or storage;
5.6 you will be responsible for organising all deliveries to and from the Property and that items left overnight must be with our agreement and must be stored safely and tidily in an agreed location;
5.7 you will keep all external doors closed and secured, unless for the purpose of film, photography, recording or transmission, in which instance you agree to have someone in attendance at all times;
5.8 you or your crew will not sleep overnight in the Property or use it outside the hours agreed;
5.9 you will circulate to all Users a list of house rules specific to the Property which will be supplied by us on or before the day of the Hire Period and you procure that anyone entering the property reads the house rules and abides by them; and
5.10 you shall vacate the Property at the conclusion of the Works or by no later than the end of the Hire Period whichever is the sooner and you agree that, if the maximum agreed time period is exceeded, you will pay us an amount additional to the Fee at the rate of £150 per hour or part thereof.
6. Valuable furniture and objects
You acknowledge that the furniture and objects in the Property are delicate and/or valuable and so undertake not to:
6.1 use tables, chairs or sofas for the placing or storage of your equipment;
6.2 sit on the arms of chairs and sofas, unless for the purpose of a photographic image or film;
6.3 remove objects or effects hung on walls unless previously agreed with us in writing;
6.4 place anything damp or greasy on the furniture and surfaces without protection;
6.5 move any object that we have notified you in advance of the Licence Period as being of exceptional delicacy and /or value; and
6.6 if hiring the Tudor House, you will not flush anything down the first-floor toilet beyond toilet paper and, if you act in breach of this clause and in so doing cause a blockage to the toilet’s Saniflo pump, you will pay an amount no less than £300 for its repair.
7. Deliveries
If any deliveries or collections are to be made outside the Hire Period, you must notify us before the first day of the Hire Period, as this may be subject to a further fee.
8. Termination
8.1 At the end of the Hire, you shall leave the Property in good order and without damage to it or its contents and you shall indemnify us and keep us indemnified against any damage or loss caused to the Property or its contents which occurs in connection with its occupancy under this Agreement and shall pay us immediately upon request an amount we may in our absolute discretion deem to be sufficient to make good any such loss or damage.
8.2 If you are in substantial breach of any of these terms and conditions, we may cancel or terminate this Licence at any time with immediate effect and, at our absolute discretion, may keep the Fee or keep such proportion of the Fee that is required to make good the consequences of the breach and any expense, loss or damage incurred by us as a result of the breach
9. Exclusion of liability
We shall not be liable for any personal injury or death of any person in connection with the Works and its use of the Property under this Agreement.You shall take note of the actual state and condition of the Property and its contents and shall take all necessary precautions to prevent accidents or injury to any person or persons.
10. Miscellaneous
10.1 This Agreement shall be governed to English law and subject to the jurisdiction of the English Courts.
10.2 This Agreement represents the entire agreement between us and supersedes any prior agreements or representations between us.
11. Particulars to be completed by you
Name of property you are hiring is: ..………………………….
The agreed fee is £ ……………………. per day
The period of hire is: ……………………………to ……..……………………..inclusively
The maximum number in your party is: .……………………..…..
Your name: ……………………………………
If you are signing on behalf of a company, state position: ………………………………
Your signature: ………………………………………
Date: ……………………………………
Signed by Alastair Hendy: ……………………………………
Date: …………………………………………………..
PAYMENT SCHEDULE
This is the payment schedule referred to in paragraph 3 of the Agreement.
1. Payment
1.1 The total Fee must be paid no later than the seventh day before the Hire Period, unless the Hire Period is due to commence less than seven days after our agreement in which case the total Fee must be paid immediately.
1.2 All payments must be made in British Pounds Sterling. You will pay any bank charges to us that are associated with your payment, such as charges from our bank for handling payments received from overseas, bank transfers or any other such charges.
1.3 VAT at 20% is not included in the Fee and is additional. Our VAT number is 710 339 371
2. Method of Payment
Payments are to be made by bank transfer only, and are payable to:
Alastair Hendy
Lloyds Bank
30-94-93
00021213
3. Changing the Hire Period
3.1 You may change the Hire Period without any charge any time earlier than the seventh day before the agreed Licence Period, provided that the Property is available for the new proposed period.
3.2 If you wish to change the Hire Period after the seventh day before the agreed Hire Period you must pay a cancellation fee of 50% of the Fee in respect of the agreed Licence Period as well as the Fee for the newly arranged licence period.
4. Cancellation and termination
4.1 If you cancel the Agreement after the seventh day before the commencement of the Hire Period, the Fee is non-refundable, irrespective of the circumstances.
4.2 We reserve the right to cancel your Hire upon reasonable notice for any cause. If we cancel it, all monies paid in respect of the Hire will be refunded.