IMPORTANT LEGAL NOTICE
This legal notice applies to the entire contents of the website under the domain name www.scoutproductions.co.uk (the "Website”). Please read these terms and conditions carefully before using the Website. By accessing any part of the Website you agree to be bound by these terms and conditions in full (which shall take effect immediately on your first use of the Website) regardless of whether or not you choose to register with us or use any of our services. If you do not agree to be legally bound by these terms and conditions, please do not access and/or use the Website. We may revise these terms and conditions at any time and you are advised to revisit these terms and conditions each time you access any part of the Website as the current terms and conditions will be binding on you. This notice is issued by Scout Productions (the "Company").
The copyright and other intellectual property rights in all material on the Website (including, without limitation, photographs and graphical images) are owned by the Company or its licensors. This material is protected by copyright laws and treaties around the world.
We endeavour to keep all intellectual property on the website as accurate and up-to-date, the viewable images in the location library are no guarantee of the condition of the location or that the colour scheme or furnishings remain the same. The Company therefore disclaims (to the fullest extent permitted by law) all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone informed by any of its contents.
Copies or extracts of pages from the Website may be downloaded or printed for your own non-commercial, personal or professional use and for reference only. Material on the Website must not be used for external commercial purposes nor edited or altered in any way without seeking prior written permission from the Company.
Scout Productions will retain the copyright of any photographs on the site.
We advise a physical recce of every location before it is booked as we reserve the right of any conners that may arise if a location is booked and the photographs on the site do not reflect exact condition of the location.. The Company, any appointed agent or the location owner cannot be held liable for any loss, damage or inconvenience caused by the unsuitability of the location.
It is the responsibility of the hirer to ascertain whether the location requires any additional permissions (and if so, that these are in place prior to the shoot taking place), be it in relation to areas adjacent to the location, from the local authority or other third parties, in order to facilitate the shoot.
The Agency cannot insist, but highly recommends that a qualified Location Manager be employed by the Hirer to oversee the Shoot/Event, to undertake a recce, to organise access, parking, permissions and responsible care of the Property. Responsibility for the obtaining of permissions, notification of relevant authorities, and the notification of neighbours, rests entirely with the Hirer. The Agent will not be liable for any loss or damage suffered by the Hirer or the Owner as a result of the Hire, or the cancellation of the Hire. The total extent of the Agent's liability shall in any event not exceed the total of the Agent's Charges and/or Commission if applicable.
If you are provided with user information and/or a password or any other information relating to the security procedures in connection with the Website you must treat this information as strictly confidential at all times and may only disclose such information to a third party for the purposes of and when associated with a specific project, provided that sufficient care is taken by you to ensure compliance with these terms and conditions by that third party and that such information/access is not abused by that third party. Users shall remain responsible for all actions when access to the Website is obtained through the use of your user information and/or password (whether authorised or unauthorised).
Any material uploaded to the Website by Scout Productions will be considered non-confidential and non-proprietary and the Company and its licensors shall have the right to copy, disclose, incorporate, distribute and otherwise use such material in any way (including within the Website, whether on private pages or within the location library) for any commercial and non-commercial purposes. For the avoidance of doubt, if you do not want to grant the Company and its licensors the rights set out above, please do not send to the Scout Productions office for upload.
You agree to use the Website only for lawful purposes and shall not misuse the Website (including, without limitation, by hacking). You are prohibited from posting or transmitting to or from the Website any material that is
i. threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
ii. for which you have not obtained all necessary licences and/or approvals;
iii. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
iv. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of this clause.
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in these terms and conditions shall exclude or limit the Company's liability for (i) death or personal injury caused by negligence or (ii) fraud; or (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
There is no charge for using the Website, searching the location library or arranging a location visit however some of our locations may charge a fee to cover staff time.
If a location is booked and confirmed an administration fee will be charged depending upon the type of production. An admin fee will not be aded if a Scout Location Manager is on the job. A list of fees are found on our website.
A Location Hire Fee will be charged to the Production, the cost of this is determined by the type of property. The fee will be discussed and agreed with you prior to drawing up a contract.
All fees are quoted exclusive of value added tax (VAT) for which you will be additionally liable at the applicable rate from time to time.
Scout Productions will ask you for a security deposit to cover against any damage that may occur, or outstanding costs accrued from usage. It is at the discretion of the Company as to whether this is necessary. Any deposit shall be payable in advance of the shoot taking place. The deposit will be held until after the shoot has taken place and returned minus any deductions deemed necessary after an applicable inventory has been completed.
Unless otherwise agreed, any overtime will be charged at 1.5 times the hourly rate beyond the stated contractual hours in the relevant Location Hire Agreement. Any overtime payments will be invoiced after the shoot and must be paid in full within 1 week or deducted from Security Deposit.
Any administration fees, location hire fees and if necessary, damage deposits are payable to the Company strictly in advance of the shoot in the form of cash, cheque (made payable to “Scout Productions Ltd"), BACS or CHAPS payments.
Payment will only be deemed to have been received by the Company when it has cleared into the Company's bank account.
Failure to pay the fees in full in advance of the shoot may result in access to the location being prohibited.
Premises Hire Agreement
Once a location has been booked, Scout Productions will draw up a Premise Hire Agreement will set out, amongst other things, the rights and obligations surrounding the use of the location, the images taken and the rights of the Agent, the location owner and the hirer.
Any person signing the Premise Hire Agreement must be validly authorised to do so and anyone knowingly misrepresenting themselves to be so authorised will be liable for any damage or loss suffered by the Company and/or the location owner.
Public Liability Insurance
To hire any of the Premises on Locality’s database you must provide proof of valid Public Liability Insurance of a minimum of £5,000,000 although some of our location do ask for a minimum of £10,000,000.
The Public Liability Insurance cover must be in the same name as the Company on the Premise Hire Agreement
Failure to provide proof of valid Public Liability Insurance and/or failure to sign and deliver the Hire Agreement in advance of the shoot will result in access to the location being prohibited.
Booking a location:
Availability and suitability of any given location appearing on Scout Productions Location library can only be confirmed upon entering in to the Premises Hire Agreement.
If the hirer is put in contact with an owner via Scout Productions but chooses to negotiate directly with the owner, Scout Productions will still charge you and administration fee.
Locations provided to us by Owners will be subject to commission charges on bookings arising out of any introduction through the Agent; such charges are applicable whether or not the booking is finalised through the Agent, and apply equally to repeat bookings.
Once a Hire Agreement has been signed the hirer will be liable for 100% of the location library fees and Premises hire fees if the hirer then cancels the shoot. If a cancellation is made more than 48 hours prior to the shoot commencing the Company will endeavour (but cannot guarantee) to reduce this liability to 50%.of the location library fees and location hire fees.
Termination of a shoot:
The following actions may result in the termination of a shoot by the Company:
i. non-payment of the location library fees, location hire fees and/or (if applicable) the damage deposit prior to the commencement of the shoot;
ii. failure to provide proof of valid Public Liability Insurance and/or failure to sign and deliver the Location Hire Agreement prior to the commencement of the shoot;
iii. the provision of inaccurate, incomplete or misleading information by the hirer in connection with the Location Hire Agreement;
iv. any breach of these terms and conditions.
These terms and conditions shall be governed by and interpreted in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.