Filmsite Terms & Conditions
Please read the below terms & conditions
and accept them before submitting your membership
request:
By using this website you agree to be bound
by these terms and conditions:
- Filmsite Pty Limited (“Filmsite”)
charges Location Hirers a single set library
fee of $500 + GST per single location hired
through the library for each production
regardless of the length of the hire.
- Filmsite charges Location Hirers an information
fee of $50 + GST to provide location details
(address & contact) of each location,
for the purpose of surveying.
- Where location details for a given location
are requested and released but the location
is not used for the intended project, subsequent
use of that location shall be charged at
normal library rates.
- Filmsite office hours are from 09:00 – 18:00 Monday to Friday. Any queries received
outside of these hours, which require immediate attention, will result in library
fees and information fees being charged
at an overtime rate for the relevant
production.
- The library fee is a separate fee to the
location hire fee paid to the location owners.
The library fee will be invoiced to the
location hirer, when the hire has been confirmed,
for payment within 28 days from receipt
of invoice.
- All location hire fees and any other terms
of the hire are to be as agreed between
owners and the filming company. Filmsite
may act as the agent of the filming company
in negotiating the hire agreement. Subject
to clause 3 below, location hire fees must
be paid to location owners on the day of
hire before commencement of filming or photography.
- Location hire fees are normally for either
a ten or twelve hour continuous working
day unless otherwise previously agreed.
- Overtime payments per hour or part hour
will be invoiced separately at the end of
hire. All location overtime invoices are
subject to payment within fourteen days
from receipt of invoice.
- The location library contained in this
website is exclusively for the use of Filmsite
members seeking locations for film, video
and photographic productions or to stage
events.
- Filmsite accepts no responsibility for
physical changes to locations since photographs
were taken and published. It is the responsibility
of the location hirer to ascertain suitability
of a given location before contracting to
hire.
- All enquiries regarding the location will
be handled through Filmsite. All location
details requested from and released by Filmsite
must be used only for the purposes of the
production requested and must not be passed
to third parties unless necessary for the
purpose of that production.
- Location details will only be supplied
to the hirer upon receipt of a valid script,
directors treatment and production schedule.
- Locations advertised via Filmsite are
generally available for hire subject to
prior bookings however location owners reserve
the right to decline hire without reason.
Filmsite will not be liable for any costs
or damage caused by an owner refusing consent
(before or during any production).
- All location hire will be subject to contract
and relevant public liability insurance,
proof of which must be provided by the location
hirer, to provide insurance cover at all
times whilst the location is subject to
contract.
- In most circumstances a qualified location
manager should be supplied by the location
hirer to oversee access, parking, permissions
and care of the location. Failure to provide
a competent location manager may result
in a refusal to hire. In all cases where
filming or unit parking will affect neighbouring
residents or businesses, all possibly affected
premises must be informed of the situation
48 hours before filming by word or leaflet
and in accordance with the guidelines of
the governing film office or council.
- Filmsite will not be held responsible
for shoots which are cancelled by the governing
council, police, or any other authority
due to a lack of any required permit or
for any other reason. Filmsite will not
be liable for any costs or damage caused
by lack of any permit or any advice provided
by Filmsite regarding required permits.
- The Website may provide you with access
to a variety of services including location
library services, services information and
purchasing and payment facilities (“Services”).
The Services, including any updates, enhancements,
new features and any new services are subject
to these terms and conditions.
- This website is the copyright property
of Filmsite. You must not reproduce or copy
all or part of the information contained
in this website without the prior written
consent of Filmsite except for selected
photographs or video of locations which
may be copied for the purpose of promoting
those locations for film, video or photographic
productions or to stage events.
- The information on this website is only
intended to apply within Australia. Given
the inherent nature of electronic communication,
there may be delays, omissions or inaccuracies
in information contained on this website.
Filmsite is not liable to you or anyone
else for any loss or damage, however caused
including through negligence, which may
be directly or indirectly suffered in connection
with information contained in this Website,
or use of this Website, including the Services,
or the web sites of people or entities other
than Filmsite that are hyperlinked from
this web site. This general disclaimer is
not restricted or modified by any of the
following specific warnings and disclaimers.
- To the maximum extent permitted by law,
all information on this Website and all
Services are provided by Filmsite on an “as is” basis and all implied
or statutory warranties are excluded. Filmsite
shall not be liable for any special, indirect,
consequential or incidental loss or damage
including but not limited to loss of business
opportunity, business interruption, lost
profits or for punitive or exemplary damages
arising out of or in connection with the
use or access of, or inability to use or
access this website (or any other website
linked to this website), including the use
or performance of the Services. Filmsite's
total liability to you in respect of all
claims relating to the use or performance
of the website and the Services is strictly
limited to the amount actually paid by you
for the Services.
- Filmsite is not liable to you or anyone
else if interference with or damage to your
computer systems occurs in connection with
any use of this website, including the Services,
or the websites of people or entities other
than Filmsite that are hyperlinked from
this Website. You must take your own precautions
to ensure that whatever you select for your
use from this Website is free of viruses
or anything else (such as worms or trojan
horses) that may interfere with or damage
the operations of your computer system.
- All photographs and documentation made
available for download or use on this website,
or provided to you through an order made
on this website is the copyright property
of Filmsite or has been licensed to Filmsite.
- If any of the Services require you to
open an account, you must complete the registration
process by providing Filmsite with current,
complete and accurate information as prompted
by the applicable registration form. You
will also be required to choose a password
and username. You will be responsible for
maintaining the confidentiality of your
password and account. You are responsible
for all activities that occur under your
account. You agree to notify Filmsite immediately
of any unauthorized use of your account
or any other breach of security. Filmsite
will not be responsible for any loss that
you may incur as a result of someone else
using your password or account, either with
or without your knowledge. However, you
could be held liable for losses incurred
by Filmsite due to someone else using your
account or password.
- You agree that when using the Services,
you will not:
(a) upload or otherwise make available,
files that contain material protected by
intellectual property laws, including copyright
or trademark laws, unless you own or control
the rights to this material or have received
all necessary consent to do so;
(b) upload files that contain viruses, Trojan
horses, worms, time bombs, corrupted files
or any other similar software or programs
that may damage the operation of Filmsite’s
computer systems or the computer systems
of another person or entity.
- Filmsite may, from time to time, change
or add to this website without notice. Filmsite
may also make improvements and changes in
the Services without notice. However, Filmsite
does not undertake to keep this website
updated and is not liable to you or anyone
else if errors occur in the information
on this website or if that information is
not up-to-date.
- This website may contain links to Internet
sites maintained by third parties (“Links”).
Filmsite is providing these Links to you
for convenience only and the Links may not
be current or be maintained. Links should
not be construed as any endorsement, approval,
recommendation or preference by Filmsite
of the owners or operators of the third
party Internet sites (“Linked Sites”),
or any information, products or services
referred to on the Linked Sites. These Linked
Sites are not under the control of Filmsite
and Filmsite is not responsible for the
contents of any Linked Site. You link to
any such website at your own risk.
- These terms and conditions are governed
by the laws in force in New South Wales,
Australia and you submit to the non-exclusive
jurisdiction of the courts of New South
Wales.
- These terms and conditions are effective
until terminated by Filmsite and Filmsite
may terminate this agreement and your access
to the Website, including the Services,
at any time without notice to you except
if a production in respect of which Filmsite
is providing Services is in progress then
Filmsite must not terminate any agreement
or Services that could effect that production
until that production is finished. In the
event of termination you are no longer authorized
to access the Website, but all restrictions
imposed on you and all disclaimers and limitations
of liability set out in the terms and conditions
will survive.
- These terms and conditions can be modified
at any time by Filmsite and you agree to
continue to be bound by these terms and
conditions as modified. We will give you
notice of these changes by publishing revised
terms and conditions on this Website. We
will not separately notify you of these
changes.
- If the whole or any part of a provision
of these terms and conditions are void,
unenforceable or illegal in a jurisdiction
it is severed for that jurisdiction. The
remainder of the terms and conditions have
full force and effect and the validity or
enforceability of that provision in any
other jurisdiction is not affected. This
clause has no effect if the severance alters
the nature of the terms and conditions or
is contrary to public policy.
©2004 Filmsite Pty Ltd. All rights
reserved.
I Understand and Agree to the above Filmsite
terms & conditions
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