The following terms and conditions (“Terms”) outline the Terms upon which IOWFF agree to contract with the Owner (as that term is defined below) to provide agency services to the Owner to make property and/or business that is legally and beneficially owned by the Owner available to hire to Clients (as that term is defined below).
IOWFF is under no obligation to provide any of the Services listed with it, but if IOWFF does hire out any such Service then any ensuing Contract (as that term is defined below) shall continue to be subject to the Terms.
Where the Owner is contracting with IOWFF to list the Owner’s Service, specifically relating to property such as land or a building such as a home, the Owner is acknowledging that although that property may be a residential address, the Owner may be deemed for tax, mortgage, rates and insurance purposes to be entering into the Contract as a business venture. If the Owner is in any doubt about the impact of entering into a Contract on the Owner’s personal position (whether for tax, insurance, mortgage or rates purposes) the Owner should ask IOWFF for more information, or seek independent advice.
By completing a Registration Form with IOWFF you hereby agree to be registered by IOWFF and this constitutes your acceptance and willingness to be bound by these Terms.
- The following terms have the following meanings in this agreement: “Clients” means the persons or productions to whom IOWFF may offer the Services on these Terms. “Contract” means a contract for the provision of Services to be entered into between the Owner and the Client, which shall continue to be subject to the Terms. “Isle of Wight Film Fixers” (IOWFF) is the intermediary and the main site to promote. More information is available at iowfilmfixer.co.uk. “Owner” means the owner or main supplier of the Service, or the relevant person or company in charge of providing the Service, as set out in the Registration Form. “Registration Form” means the form attached to the Terms, which shall be subject to the Terms. “Service” means any property owned or in the legal or beneficial possession of the Owner that they wish to register with IOWFF, as detailed in the Registration Form, and may include, but is not limited to: land, buildings, vehicles, animals, equipment and props. In addition, any other deliverables provided by an individual or group Owner or company of the Isle of Wight, including, but not limited to: catering, makeup and hair styling, costume, accommodation, cleaning, transportation, and acting roles such as extras.
- In this agreement the singular shall include the plural and the masculine shall include the feminine and the neuter and vice versa, and neither headings nor titles shall affect the interpretation of this agreement.
- Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- A reference to writing or written includes email but not fax.
- Contract Formation
- If a Client expresses an interest in acquiring a Service then IOWFF shall notify the Owner of such an interest to check the availability of that Service.
- Depending on the type of Service concerned (for example a building or vehicle), the Owner acknowledges that a Client may wish to inspect the Service prior to proceeding with the Service, or be provided with further information relating to the Service, in which case the Owner accepts that they must make the Service reasonably available for such an inspection or provide such reasonable further information, upon reasonable notice.
- Once the Owner has registered with IOWFF in the manner set out in the Registration Form, this will constitute a legally binding contract, and the Owner must then ensure that the Service is made available on the terms set out in any accompanying agreement and subject to these Terms.
- The Owner acknowledges that once a contract is formed, IOWFF and its Client will start incurring costs and expenses in reliance upon the availability of the Service on the agreed date for the agreed time and that any failure by the Owner to ensure that the Service is provided and available on such terms could result in the Owner being liable to pay damages to either or both the Client and IOWFF.
- If the Owner is approached directly by the Client once an introduction has been made by IOWFF and the Owner and/or the Client attempts to circumvent IOWFF, the Owner acknowledges and accepts that they will be liable to account to IOWFF for a 25% contribution of the fee that the Client agrees to pay for the Service.
- In the event of any conflict between a provision in the Registration Form and the Terms, the Registration Form shall take precedence.
- Owner’s Obligations
- By completing the Registration Form the Owner agrees:
- that it is the legal and beneficial owner or supplier of the Service and has full power and authority to enter into any agreement to licence the provision of the Service or to agree to such minor alterations being made to the Service as the Client may reasonably request;
- to do all things reasonably within its control to enable the Client to have the benefit of the Service in accordance with the provisions of the Contract and the Terms;
- to make reasonable efforts to ensure that the Service is available for marketing (including viewing if requested) to Clients at all reasonable times; and
- that it will give IOWFF not less than 2 months written notice of any period in excess of two weeks during which the Service will be unavailable (save in respect of emergency unavailability or if the Service is unavailable due to another arrangement with IOWFF).
- The Owner shall not enter into any agreements with the Client, which would contradict the Terms and shall not enter into any arrangement with the Client directly relating to the use (or further use) of the Service within 24 months of the date upon which a Contract is entered into.
- The Owner shall, where appropriate, facilitate access for the Client to reasonable use of electricity and toilet facilities during the term of a Contract.
- The Owner understands that the Client may need to return after the Contract has ended and the Owner shall co-operate fully with IOWFF and the Client to facilitate such a return and re-use the Service within 24 months.
- The Owner shall immediately notify IOWFF of any material, logistical, structural, or decorative alteration (or any other significant alteration that would reasonably be expected to be notified of) which is made to the Service after the date of completing the Registration Form and provide any updated documentation or evidence showing this. It is the Owner’s responsibility to ensure that the Service is maintained to a standard materially similar to that which it represented at the time of completing the Registration Form.
- The Owner must ensure that all valuables are stored safely, out of sight and that no breakables are left on display in the area in which the Client operates. IOWFF is not responsible for any loss or damage to the Owner’s personal possessions.
- The Owner shall ensure that the Service complies with all necessary health and safety laws during the period of any Contract.
- Intellectual Property Rights
- Any images (whether still or cinematic) involving the Service made by the Client shall belong to the Client, and the Owner acknowledges that the copyright and other moral rights in any such images belongs to the Client.
- By agreeing to the Terms, the Owner is granting the Client a fully paid-up, indefinite, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials containing images (whether still or cinematic) involving the Service.
- The Owner shall enter into any such confidentiality, non-publicity, or non-disclosure agreement as the Client may request relating to the intended future use of the images of the Service.
- Risk and liability
- IOWFF shall take all reasonable steps to ensure that the Client holds Public Liability Insurance for the minimum amount of £2 million.
- If the Owner believes there to have been any damage caused in relation to their Service by the Client during the course of a Contract, it must notify such damage to IOWFF within 48 hours of the end of a Contract.
- Nothing in the Terms excludes or limits IOWFF’s liability for death or personal injury caused by the negligence of IOWFF.
- IOWFF shall be entitled to receive a contribution percentage of 10% of the gross amount paid by the Client to the Owner. However, this amount can be negotiated between the Owner and IOWFF and an alternative agreement or amount can be decided either verbally or in writing. However, if there is any dispute which arises in relation to any alternative agreement or amount or non-payment, then the 10% mentioned immediately above will prevail over any other agreement in order to settle any dispute.
- The Owner shall pay IOWFF within 30 days of receiving payment from the Client (or on such other milestones as may be agreed in the Contract). If IOWFF has not received payment within 30 days of the Contract finishing, IOWFF shall chase up and will be authorised to issue proceedings against any Owner for unpaid contributions.
- IOWFF may offset any money owed to it by the Owner against any money owed to the Owner by IOWFF.
- In respect of clause 6.3, where the Owner and/or Client has attempted to circumvent the Contract with IOWFF, the Owner has 30 days from the date of invoice to account to IOWFF for the contribution payable. Failure to pay after 30 days will result in the Owner paying interest on the overdue sum, whether before or after judgment. Interest will accrue each day at 4% a year above the Bank of England’s base rate from time to time, or at 4% a year for any period when that base rate is below 0%.
- All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).
- Acceptance by IOWFF of the Owner’s Registration Form is not a guarantee that IOWFF will find Contracts in respect of the Service. IOWFF has absolute discretion as to whether it will list the Service, and may at any time without notice withdraw a Service from listing.
- The Owner may withdraw their Service from IOWFF by providing IOWFF at least two weeks’ notice in writing to such address as may be notified by IOWFF to the Owner from time to time. If the Owner sells or otherwise parts with possession of the Service, the Owner must give written notice of the same to IOWFF.
- Once a Contract is entered into, IOWFF may terminate a Contract without notice, if:
- the Service should prove unsatisfactory to the Client for any reason; or
- if the Owner seriously or repeatedly breaches any of the Terms or any terms of the Contract, or the Owner becomes insolvent, bankrupt, makes an agreement with its creditors or threatens to do any of the same, or the Owner is charged with a criminal offence.
- Once a Contract is entered into, if the Owner terminates that Contract on terms other than those permitted by the Contract, the Owner acknowledges that they may be liable for any financial loss or damage suffered by either the Client or IOWFF.
- Nothing in the Terms or in any Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the Owner and IOWFF, constitute either party, the agent of the other, or authorise either party to make or enter into commitment for or on behalf of the other party.
- Neither party shall be in breach of the Contract or the Terms, nor liable for delay in performing or failure to perform any of its obligations under the Contract or the Terms, if such delay or failure results from events, circumstances or causes beyond its reasonable control, otherwise known as “force majeure”.
- The Terms and any dispute or claim arising out of or in connection with them or its subject matter or formation shall be governed and construed in accordance with the laws of England and Wales.
- IOWFF retains the right to amend or vary these Terms from time to time as it deems necessary. IOWFF shall notify the Owner in writing of any changes by giving no less than 2 weeks’ notice.
Isle of Wight Film Fixers
Devonshire House, 66 Broadway, Sandown, Isle of Wight. PO36 9BD
Office – 01983 404275 Mobile – 07885 348634
Email – firstname.lastname@example.org