Transport for LondonFilming on the Tube
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1) In consideration of the Fee the Company grants the Applicant a licence for the Period to enter and use the Location solely for the purpose of making audio and/or visual and/or audio/visual recordings ("the Recordings") solely on the basis of the terms of this Agreement ("the Licence").
2) The scope of the Licence (including without limitation the duration of use) may only be exceeded with the express agreement of an authorised representative (as specified by the Company's [LU Film Office]) ("the Authorised Representative") in which case additional changes shall be payable by the Applicant.
3) The Cancellation Fee will be payable if the Applicant notifies the Company of cancellation or postponement of the Licence less than one week before the Agreed Date or fails to give notice of cancellation or postponement. Irrespective of the date of such notice any and all expenses already incurred by the Company in arranging the Licence shall be paid by the Applicant.
HEALTH AND SAFETY
4) The Applicant shall (and shall ensure that all agents, employees, contractors and representatives shall):
i) Prior to entering or working on the Company's property, first report to the Authorised Representative, and act subsequently under the direction of the Company's officials at all times.
ii) Observe the Company's byelaws and any and all applicable laws, byelaws and health and safety requirements listed in the Licence relating to the Company's property and premises
iii) Comply with the Company's policy of no smoking and the policy in respect of alcohol and drugs in force from time to time.
iv) On completion of filming/photography, report to the Authorised Representative to sign out and hand in any permits or passes.
v) Be responsible at all times for the safekeeping of its own equipment.
5) The Applicant shall not (and shall ensure that all agents, employees, contractors and representatives shall not)
i) Interfere with the running of the Company's business or the comfort and convenience of the Company's customers.
ii) Cause noise or disturbance to the occupiers of adjoining premises.
iii) Use flash, or any other type of additional lighting on or in the vicinity of operational platforms or where indicated by the Authorised Representative or use LU's electrical supply unless a qualified LU represented technician is present.
iv) Use tripods unless agreed by the Authorised Representative in which case they must be kept at least two metres from the platform edge and must not obstruct customer or staff walkways at any time.
v) Bring on to the Company's premises any kind of weapon or firearm, real or artificial, unless agreed in advance.
vi) Damage the Location and must leave the Location in a clean and tidy condition
6) The Applicant shall report any accidents, incidents or near misses to the Authorised Representative when on LU premises.
7) The Applicant shall comply with any permits and licences required as a result of filming activities e.g. storage licences, movement of materials licences and hot works permits. Hand held/lightweight/manageable loads shall only be conveyed in lifts and on escalators under the authority of the Authorised Representative or the on-site Operational Manager. Loads (other then lightweight/manageable loads) shall only be moved on escalators or in lifts under the appropriate movement of materials licence which will have been applied for in advance by the Film Office.
8) No hazardous materials shall be brought onto or stored at the Location or any other property of the Company except, where allowed, in the quantities and containers specified, with a current storage licence and in conditions and locations specified under that licence.
9) No hot work of fire hazardous operations shall be carried out on operational premises while these are open to the public. Where hot works are necessary these shall be done under a hot works permit and a train and competent fire person shall be on site for the duration of the hot works.
10) Working at height shall not be permitted on any operational premises, including platforms. If organised in advance, working at height shal be permitted, providing traction current has been discharged or a designated train is positioned in the specified platform allowing protection from the track. Ladders must be footed at all times.
11) The Applicant or any representative of the Applicant shall not go on to the track, except when authorised by a competent PIC (Person in Charge), appropriate protection arrangements are in place and a safety briefing has been provided by the Company.
INTELLECTUAL PROPERTY RIGHTS
12) The Applicant agrees that:
i) Any scripts, sections of scripts or storylines referring to the Company and/or the Location (whether or not renamed as permitted under clause 9) shall be submitted to the Company prior to the Agreed Date and any subsequent changes must be approved in writing by the Company (and LUL agrees that all such documents will be treated in confidence).
ii) The Company will receive a screen credit for any film or video or other such exploitation of the Recordings ("the Programme"), the form and content of which shall be discussed and agreed between the Applicant and the Company in advance of the Agreed Date.
iii) It shall inform the Company of the planned scheduling and exploitation of the Programme.
iv) Where rights in Recordings are vested in the Applicant and in the event that Transport for London and/or the Company wish to reproduce any of the same and/or relevant extracts of the Programme, the Applicant agrees not unreasonably to refuse any such request or, where such rights vest in a third party, the Applicant shall use its best endeavours to procure that Transport for London and/or the Company are granted the relevant permissions to reproduce any of the same.
13) All rights in the Recordings shall vest in the Applicant and the Applicant shall be entitled in perpetuity to assign, license and/or exploit the same by all means and in all media as the Applicant may at its absolute discretion elect.
i) For Students Permits only: The Permit Holder is not permitted to place the products of the filming or photography on the internet.
14) This Agreement does not grant the Applicant any right to use the Company's or Transport for London's intellectual property assets, including, but not limited to, the Roundel, the journey planner and the New Johnson Typeface, other than as filmed in accordance with this Agreement. Notwithstanding the foregoing, the Applicant is entitled to change the name of the station for the purposes of the Recordings.
15) The Company shall be entitled to take photographs of the Applicant, its activities, crew, personnel and/or any actors, at the Location, for use for the promotional purposes of the Company and/or Transport for London. Where requested, this may incorporate the Company's signs and logos. The Company shall use its best endeavours not to disrupt or disturb the Applicant's activities where such photographs are taken during the creation Recordings. All rights in such photographs shall vest in the Company and the Company shall in its absolute discretion elect to exploit the same without liability or acknowledgement to the Applicant.
GENERAL PROVISIONS
16) The Applicant shall have in place a designated representative and shall advise the Authorised Representative of the identity of that designated representative when first reporting to him or her
17) The Company shall not be responsible for the activities of the Applicant or those for whom it is responsible whilst on the Company's premises, even if performed with the consent of the Company's staff and the Company shall not be liable to the Applicant for any costs, expenses, liabilities, losses (including, without limitation, direct, indirect or consequential) howsoever caused including, for the avoidance of doubt, in respect of equipment or the withdrawal of the Licence by the Company.
18) The Applicant shall carry and upon entry to the location shall produce to the Authorised Representative evidence of a current policy of insurance providing cover for death and/or personal injury to any person and loss of or damage to any property. Such insurance cover shall be for not less than £2/5/10,000,000 (delete where applicable) for any one occurrence or series of occurrences arising out of any one event.
19) The Applicant agrees to indemnify and keep the Company indemnified from and against all costs, expenses, liabilities, enquiries, losses (including, without limitation, direct, indirect and consequential loss and loss of profit), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) as a consequence of any breach of the terms of this Agreement.
20) Whilst the Company will make every effort to make the Location available, the Company reserves the right to cancel arrangements in an emergency, in case of mechanical or other breakdown or where otherwise necessary. In such circumstances, the Applicant shall be entitled to the refund of any sums already paid to the Company less any costs incurred by the Company.
21) The Applicant's designated representative shall take appropriate actions to prevent and eliminate unacceptable behaviour or conduct.
22) The Company reserves the right to immediately withdraw the Licence should the Applicant breach any term or condition in this Agreement or in the Company's byelaws. The Applicant and the Applicant's attendees shall leave the Company's property immediately upon being requested to do so by any representative of the Company.
23) The Parties do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
24) Any payments, notices, requests or communications from the Applicant required to be given under this Agreement shall be in writing and addressed to, [LU Film Office], London Underground Ltd, 55 Broadway, London SW1H 0BD.
25) This Agreement is personal to the Applicant and cannot be assigned.
26) This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement and supersedes all prior agreements, representations and warranties.
27) This Agreement shall be governed by and controlled in all aspects in accordance with the laws of England and each party hereby subsists to the non-exclusive jurisdiction of the English courts.
