Terms and Condtions
1. Definitions and Interpretation
1.1 In these terms and conditions:
"Agent or We" means LocationHQ or appointed representative
"Client " means the owner, company, individual or third party who has agreed to lease any location, site or land. Also, use any services provided by the agent
"Owner" means the proprietor, owner, company, administrator, or official representative that represents the location.
"Location" means the site, property land or building to be hired by the client.
"Input Material" means documentation, any other materials, data or other information either written or verbal provided by the Client relating to the hire of the Location.
"Contract" means the agreement concluded between the Owner and the Hirer for the access to the location as defined in appendix 1 into which these terms and conditions are incorporated.
"Shoot" means the use of a Location by the Hirer, whether for the purposes of filming, photography, or any other kind of event.
"Party" means the Agent, Owner or the Client and "Parties" shall be interpreted accordingly;
"Fees" means the fees payable to the Agent by the Client in consideration of the provision of the Services, excluding VAT;
"Services" means the services to be supplied to the client by the agent under the Contract;
"VAT" means value added tax.
"Working Day" means any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England;
1.2 The interpretation and construction of the Contract shall be subject to the following provisions:
1.2.1 clause headings shall not affect the interpretation of these terms and conditions;
1.2.2 a reference to any statute, enactment, order, regulation or similar instrument is a reference to it as in force from time to time taking account of any amendment or re-enactment;
1.2.3 a reference to a statute or statutory provision shall include any subordinate legislation made under that statute or statutory provision;
1.2.4 reference to a "person" includes a natural person and a corporate or unincorporated body;
1.2.5 words in the singular shall include the plural and vice versa;
1.2.6 a reference to one gender shall include a reference to the other genders;
1.2.7 references to clauses are to clauses in these terms and conditions.
2. Provision of Services
2.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.
2.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
3. Data Protection
4. Intellectual Property Rights/Copyright
4.1 "Intellectual Property Rights" means patents, inventions, trade marks, service marks, logos, design rights (whether registrable or not), applications for any of those rights, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations, whether registrable or not, in any country (including but not limited to, the United Kingdom) and the right to sue for passing off.
4.2 All rights reserved. Copyright in the material comprising this website is owned by or licensed to LocationHQ or its subsidiaries, agents or partners. . Commercial use is not permitted. Certain parts of this site are intended to be downloaded for specific purposes. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the website.
4.3 Permission is given for your own personal use. No other use of the materials published on this website is permitted without the prior written consent of LocationHQ.
4.4 The Client indemnifies the Agent against all claims and proceedings, and all costs and expenses incurred in connection therewith, made or brought against the Agent for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the performance of the Contract by the Client save where such infringement or alleged infringement is caused by or contributed to by any act or omission on the part of the Agent.
5. Warranties and Liability
5.1 Every reasonable care is taken to ensure the accuracy of the description of the Location, the agent has not carried out a detailed survey, at any of the properties on this website. The images shown may only represent part of the properties and are as they appeared at the time of being photographed. The areas, measurements and distances are approximate only. Information regarding a property on our website may be changed at anytime.
5.2 The Owner and the Agent will not give any warranty, guarantee or other terms as to the suitability, fitness for purpose or otherwise of the Location for use by the Client. It is the sole responsibility of the Client to inspect the Location and to ensure their suitability or otherwise for its purposes.
5.3 It is the responsibility of the client to acquire all necessary permissions and permits prior to the commencement of the Shoot.
5.4 The Agent shall not have any liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect or inaccurate.
6. Force Majeure
6.1 You accept that we shall not be liable to you in respect of anything which, apart from this provision, may constitute a breach of these terms and conditions arising by reason of force majeure, namely, circumstances beyond our control (which shall include, but shall not be limited to, fire, flood, sabotage, embargo, strike or lock-out, riot, war, terrorism or acts of local government and parliamentary authority).
6.2 The owner agrees to give the agent notice forthwith upon becoming aware of an event of force majeure giving details of the nature and extent of the circumstances in question and the length of time for which it is expected that such circumstances shall subsist.
7. Invoices Payment and VAT
7.1 Subject to any special terms agreed, the Client shall pay the Agent's Standard Charges and any additional sums which are agreed between the Agent and the Client for the hire of the Premises or which, in the Agent's sole discretion, are required as a result of the Client's instructions or lack of instructions, the inaccuracy of any Input Material or any other cause attributable to the Client.
7.2 All charges quoted to the Client for the provision of the hire of the Premises are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
7.3 Unless otherwise specified the Agent's Standard Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) in cleared funds prior to the first day of hire.
7.4 If payment is not made in cleared funds prior to the first day of hire, the Owner/Agent shall be entitled, without limiting any other rights it may have, to refuse access to the Premises. For the purpose of calculating any statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 charge interest on the outstanding amount due from the first day of hire until the outstanding amount is paid in full.
7.5 In the event of the Client cancelling the hire of the Premises for an Event less than fourteen days before the commencement of the hire period (as detailed in the Hire Schedule), the entire location hire fee and any other agreed charges shall be payable.
7.6 In the event of the Client cancelling the hire of the Premises for Filming or Stills less than seven days before the commencement of the hire period (as detailed in the Hire Schedule), the entire Location Hire Fee and any other agreed charge shall be payable: for cancellations less than ten days before the commencement of the hire period (as detailed in the Hire Schedule), the charge shall be 50% of Location Hire Fee and any other agreed charges shall be payable
8. Client's Personnel
8.1 The Client agrees that if required by the Owner it will submit any person employed by the Client or its sub Clients to the Authority's security vetting procedure. The Client further agrees that unless the Owner agrees otherwise in writing any individual who refuses to submit to such vetting procedure or who does not attain the requisite clearance will not carry out any work on the location supplied under the Contract.
8.2 Whenever requested to do so by the Owner in writing, the Client shall within five Working Days provide a list of the names, addresses, passport details, vehicle registrations and any other information as the client may deem necessary, of all persons who may at any time require admission to the Owner's Premises. This list will include any such persons employed by or under the control of the Client's consultants, agents or sub-Clients. The Client shall specify the role of each person on the list and provide such other particulars as the Owner may reasonably require.
8.3 The Owner reserves the right to refuse admission to the Owner's Premises to any person employed by the Client or its consultants, agents or sub-Clients, whose admission would, in the reasonable opinion of the Owner, are undesirable.
8.4 Not unlawfully discriminate either directly or indirectly or by way of victimisation or harassment within the meaning and scope of any law, enactment, order or regulation relating to discrimination (whether in age, disability, gender reassignment, marriage and civil partnerships, pregnancy, paternity and maternity, race, religion or belief, sex or sexual orientation or otherwise) and shall take all reasonable steps to ensure that its employees, consultants, agents or sub-contractors similarly do not unlawfully discriminate;
9. Agent's Indemnities
9.1 the Client indemnifies and shall hold the Agent harmless from all claims and against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Client arising out of or in connection with:
9.1.2 the Client's negligence or breach of statutory duty;
9.1.3 any misrepresentation (including fraudulent misrepresentation) made by the Client;
9.1.4 any claim made against the Agent by a third party arising out of or in connection with the provision of the Services to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Client, its employees, agents or sub Clients.
9.2 The indemnities given to the Agent in clause 14.1 are additional to those contained in clauses 4.4 (infringement of third party intellectual property rights), Appendix 1 (loss of or damage to Owners Property) and 3. (Data protection) of these terms and conditions.
9.3 Nothing in the Contract shall operate to exclude or limit the Agent's liability for:
9.3.1 death or personal injury caused by the negligence or breach of statutory duty of the Client, its employees, agents or sub-Clients; or
9.3.2 fraud, fraudulent misrepresentation or deceit; or
9.3.3 any other liability which cannot be excluded or limited under an applicable law.
10. Health And Safety
10.1 While on the Owner's Premises the Client shall comply with any health and safety measures implemented by the Owner in respect of persons working on the Owner's Premises.
10.2 The Client shall:
10.2.1 take all necessary measures to comply with the requirements of the Health and Safety at Work etc. Act 1974 and any other acts, orders, regulations and codes of practice relating to health and safety which may apply to those of its employees, consultants, agents or sub-Clients that provide the Services.
11. Cancellation Of The Contract
The Agent/Owner shall be entitled may at any time notify the Client in writing to terminate the Contract, or to terminate the provision of any part of the contract, if:
11.1.1 the Client fails to pay any sum payable under the Agreement prior to the first day of hire (whether previously demanded or not);
11.1.2 the Client provides incomplete or materially inaccurate or misleading facts or information in connection with this Agreement, whether to the Principal or to the Agent;
11.1.3 the Client commits any breach of the terms and conditions (whether express or implied) of this Agreement;
11.2. the client is entitled to cancel the hire of the location the Owner must be given as much notice as possible. If:
11.2.1 less than 14 days notice of cancellation is given the Hirer will be liable to pay a cancellation fee as per 7.5 and 7.6 of these terms and conditions.
12. Termination for Breach
12.1.1 the Client commits a breach of contract which is not capable of being remedied; or
12.1.2 the Client commits a breach of contract which is capable of being remedied but which it has failed to remedy within 10 Working Days of receipt of a notice from the Agent/owner requiring that breach to be remedied; or
12.1.3 the Client commits repeated breaches of its obligations under this Contract (whether of the same or different obligations and regardless of whether these breaches are cured), the cumulative effect of which is a Material Default; or
12.1.5 the Client fails to pay any amount due to the Agent/Owner under the Contract on the due date for payment and remains in default more than 5 Working Days after being required in writing to make such payment;
Then without prejudice to any other rights that have accrued under the Contract or any other rights or remedies it may have the Agent/Owner may by giving written notice to the Client immediately to terminate all or part of this Contract. Such termination by the Agent/owner will be without liability to the Client.
13. Amendments And Variation
13.1 No amendment or variation of the Contract shall be valid unless it is in writing and signed by the Agent/owner and the Client.
14.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the specific circumstances for which it is given.
14.2 No failure or delay by either Party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
15. Contracts (Rights Of Third Parties) Act 1999
15.1 A person who is not a Party to the Contract shall not have any rights under or in connection with it.
16. Entire Agreement
16.1 The Contract constitutes the whole agreement between the Parties and supersedes all previous agreements between the Parties relating to its subject matter.
16.2 Each Party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Contract.
16.3 Nothing in this clause 16 shall limit or exclude any liability for fraud.
16.4 In the event of any conflict or inconsistency between these terms and conditions and any specific terms of the Contract the latter shall prevail.
17. Law And Jurisdiction
The Contract shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.