APPLICATION FOR FILMING CONSENT
ALL APPLICATIONS ARE SUBJECT TO THE FILMING TERMS AND CONDITIONS ATTACHED AND APPROVAL AND ACCEPTANCE OF THE APPLICATION BY THE KENNEL CLUB.
PLEASE COMPLETE AND RETURN TO:-
Telephone: 020 7518 1008
Fax: 020 7518 1028
Email:
The Kennel Club, Clarges Street, London W1J 8AB
EVENT[Note that in the event the KC were to allow filming pre-event (eg event set up) this would need to be referenced here] / ("Event")
PRODUCTION COMPANY / ("Production Company")
CONTACT NAME
CONTACT ADDRESS
CONTACT TELEPHONE NUMBER (preferably mobile)
CONTACT EMAIL
(PROPOSED) PROGRAMME NAME
TREATMENT / PROGRAMME BRIEF
Note that due to the unknown destination of the footage shot at Discover Dogs under this application for Filming will have to be approved by the Kennel Club before it can be broadcast. / (the "Programme")
PROGRAMME BUDGET / ("Budget")
RUNNING TIME (EXCLUDING ADVERTISEMENTS)
FOOTAGE TIME
No more than two minutes of coverage from the Event may feature in any one scheduled news bulletin.
Note that unless agreed otherwise by the Kennel Club, footage time in a feature programme (ie all programmes other than scheduled news bulletins) should not exceed 10 minutes and such footage should not form a substantial part of the programme or form the complete programme.
FILMING DATE
(PROPOSED) BROADCASTER
NUMBER OF BROADCASTS AND (PROPOSED) BROADCAST DATES
TERRITORY OF BROADCAST
TYPE OF MEDIA / FORMAT
LOCATION ACCESS (BUILDINGS / AREAS TO BE USED)
COMPOSITION OF CREW AND NAMES
PARTICULARS OF EQUIPMENT (EG CAMERA AND LIGHTING EQUIPMENT, CABLES, ANY USE OF TEMPORARY STRUCTURES ETC)
Note that during hours where the Event is open to the public only hand held battery operated equipment may be used in the Filming Zones. You are not permitted to place equipment (including cameras) in the public walkways or gangways.
Note that any additional lighting at the Location must be stipulated here.
NAME AND TYPE OF PRODUCTION VEHICLES TO BE USED (including registration details)
REQUIREMENTS FROM KENNEL CLUB
Note that you will need to set out here what is required from the Kennel Club (eg provision of access for all equipment and vehicles required by the Production Company for use in connection with the production of the Programme as set out in this Application Form; provision of adequate parking facilities for vehicles as set out in this Application Form; provision of such reasonable electrical power, gas, water and other utilities as may be reasonably required by the Production Company to produce the Programme.) / (the "Requirements")
CREDITS
SPECIAL CONDITIONS
FACILITY FEES DUE TO THE KENNEL CLUB / n/a
SIGNED FOR AND ON BEHALF OF THE PRODUCTION COMPANY
AUTHORISED SIGNATURE ………………………………………….
NAME AND STATUS …………………………………………
DATE ………………………………………….
APPROVED AND ACCEPTED BY AN AUTHORISED REPRESENTATIVE OF THE KENNEL CLUB
AUTHORISED SIGNATURE ………….…
NAME AND STATUS ……………………
DATE …………………
FILMING TERMS AND CONDITIONS
1.DEFINITIONS
Terms set out in the Application Form shall be defined as set out therein.
"Agreement" means the Application Form and these Terms;
"Applicable Laws" means all laws that are applicable to this Agreement, and to the activities detailed under this Agreement, as amended and in force from time to time and the rules, regulations, orders etc issued thereunder;
"Application Form" means the application form for consent to film at the Event signed by the Production Company, as attached to these Terms;
"Confidential Information" means any information, however and whenever conveyed or presented, that relates to the business, affairs, operations, processes, budgets, strategies, developments, trade secrets, know-how, personnel and suppliers of the disclosing party (ie the Production Company or the KC (as appropriate)), together with all information derived by the receiving party from any such information and any other information clearly designated by a party as being confidential to it (whether or not it is marked "confidential") or which ought reasonably be considered to be confidential and includes the terms of this Agreement;
"Event Marks" means the marks, logos and any other symbols used to identify the Event owned by the KC;
"Good Industry Practice" means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected to be exercised by a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances and conditions;
"Intellectual Property Rights" means any intellectual property right, including without limitation copyright and related rights, rights in goodwill or to sue for passing off, design right, registered design right, service mark, trade, business and domain names, rights in trade dress or get up, patent, performers property right, trade mark, database right or any similar right exercisable in any part of the world, in each case whether registered or unregistered including any application for (and rights to apply for) registration of and renewals or extensions of any such rights and all similar or equivalent forms of protection which subsist, or will subsist, now or in the future in any part of the world;
"KC" means the Kennel Club of 1 Clarges Street, London W1J 8AB;
"KC Regulations" means (a) the applicable guidelines issued by the KC to the Production Company in relation to the Event and/or Location as amended/updated by the KC from time to time on reasonable notice to the Production Company and/or its personnel; and (b) such other regulations, guidelines and/or rules as may be issued by the Location and notified to the Production Company;
"Location" means the Event venue
"Preview" shall have the meaning in clause 7.1;
"Production Company Obligations" shall have the meaning set out in clause 3;
"Sponsor Marks" means the marks, logos and any other symbols of the current sponsors and/or the partners of the Event from time to time used at the Event;
"Terms" shall mean these terms and conditions;
"Visitor" means any person attending or present at the Event and/or Location for the purpose of the Event and shall include competitors and dog owners; and
"Working Day" means any day which is not a Saturday, a Sunday or a bank or public holiday in England.
1.1In this Agreement, unless the context otherwise requires:
1.1.1any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and the words following those terms shall not limit the sense of the words preceding those terms;
1.1.2where appropriate, words denoting the singular include the plural, words denoting any gender include every gender, words denoting persons include bodies corporate and unincorporateand the KC and reference to the whole include the part and, in each case, vice versa;
1.1.3references to the parties are to the parties to this Agreement and a reference to any party or any other person shall be construed so as to include its respective successors and permitted transferees and assigns and any person it may amalgamate with;
1.1.4references to the clauses are to the clauses of this Agreement and headings do not affect the interpretation of this Agreement;
1.1.5references to "filming" shall include filming and recording of any audio, visual and/or audio visual material;
1.1.6any obligation in this Agreement on a person not to do something includes an obligation not to agree, permit, allow or acquiesce in that thing being done; and
1.1.7any reference to any Act of Parliament shall be deemed to include any amendment, replacement or re-enactment thereof for the time being in force and to include any bye-laws, statutory instruments, rules, regulations, orders, notices, directions, consents or permissions (together with any conditions attaching to any of the foregoing) made thereunder.
2.APPLICATION OF THESE TERMS
2.1The submission of an Application Form shall amount to the acceptance by the Production Company of these Terms and shall be deemed to be an offer by the Production Company to attend and film at the Event and make a Programme subject to these Terms and the Application Form, once approved by the KC. The Production Company acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the KC which is not set out in this Agreement.
2.2Subject to any variation under these Terms, the contract between the Production Company and the KC relating to the subject matter of the Application Form shall be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Production Company purports to apply under any confirmation or other document).
2.3No Application Form submitted by the Production Company shall be deemed to be accepted by the KC until the KC has signed the Application Form. Once signed, the KC will return a copy of the Application Form to the Production Company. This Agreement shall commence on the date of signature of the Application Form by the KC and shall terminate on the later of (i) the date which is thirty days after the last day of the Event; and (ii) the last permitted broadcast of the Programme, unless terminated earlier in accordance with Clause 12.
3.OBLIGATIONS OF THE PRODUCTION COMPANY
3.1The Production Company shall ensure that it and any of its employees, agents or sub-contractors dealing with this Agreement or any part thereof will familiarise themselves and have a clear understanding of the KC Regulations and the KC's business as a whole and be aware of and respect the values and beliefs associated with the KC and its brand and objectives and act accordingly. In particular the Production Company shall ensure that it, and any of its personnel, shall ensure that in its attendance at the Event and in any filming that the health and welfare of dogs at the Event is given utmost importance and that it shall not undertake any acts or omissions which shall put the health and welfare of such dogs at risk.
3.2The Production Company shall be responsible and liable for the conduct of all personnel and any other person associated or connected with it. The KC reserves the right in its absolute discretion to exclude or remove from the Event any person whose presence or behaviour is undesirable and/or potentially unlawful, harmful, disrespectful and/or causing a nuisance to Visitors and/or the KC and the KC may exercise such right notwithstanding that any such person is the employee, agent or permitted contractor of the Production Company or otherwise in any way connected or associated with the Production Company.
3.3Without prejudice to the generality of clause 3.2, the Production Company shall procure that all and any of its employees, agents and/or subcontractors shall only film within the Filming Zones and shall not deliberately film footage of locations outside the Filming Zones at the Location. In the event that in the KC's reasonable determination filming is or has taken place outside the Filming Zones and/or of locations outside the Filming Zones, without prejudice to KC's other rights under this Agreement, KC shall be entitled to immediately eject all such personnel from the Location and/or prevent the Production Company and such individuals from re-entering the Event. To the extent that any filming does take place outside the Filming Zones and/or of locations outside the Filming Zones, the Production Company hereby absolutely and irrevocably assigns to KC as legal and beneficial owner and with full title guarantee and free from encumbrances any Intellectual Property Rights in such filmed material for the full duration of such rights, whether in existence now or created in the future, wherever in the world enforceable. The Production Company hereby waives, and shall procure the effective waiver of, any moral rights in relation to such Intellectual Property Rights falling within the assignment provisions under this clause.
3.4In consideration of the grant of filming permission subject to this Agreement, the Production Company shall abide by the terms of this Agreement and, if applicable, pay the KC the Facility Fee at least one day prior to the commencement of the Event.
3.5Subject to clause 7, promptly following completion of the Programme, the Production Company shall provide KC with a full copy of the completed Programme (in such media as KC may reasonably request) for use by KC in accordance with clause 6.5
(together the "Production Company Obligations").
4.OBLIGATIONS OF KC
4.1KC shall organise, conduct and promote the Event in accordance with Good Industry Practice. The KC shall use reasonable endeavours to ensure that the Event takes place on such dates as set out in the Application Form and shall immediately notify the Production Company in the event of any change or anticipated change to such details.
4.2KC shall use reasonable endeavours to perform the Requirements as agreed in the Application Form and shall during the Filming Dates, provide a representative with whom the Production Company can liaise.
4.3KC shall provide the Production Company with a written copy of the KC Regulations and such other requirements as referenced under clause 5.1.4 and/or clause 5.1.6.
5.WARRANTIES AND INDEMNITY
5.1The Production Company acknowledges that its promise of quality, reliability and high standards of service are fundamental elements of the KC's decision whether or not to agree to the application to film at the Event. In attending and/or filming at the Event and in making the Programme, the Production Company warrants, represents and undertakes that:
5.1.1it has full power and authority to enter into this Agreement;
5.1.2it has provided comprehensive and complete details on the Application Form of the intended purpose of its attendance at the Event and the nature and type of the Programme;
5.1.3it shall at all times act in accordance with this Agreement, Applicable Laws, the KC Regulations and Good Industry Practice;
5.1.4it shall ensure that all Production Company personnel and any person associated or connected with the Production Company comply with the KC Regulations and any other reasonable requirements of KC (and its personnel) or the Location in relation to the Event (and the operation of such);
5.1.5it shall ensure that its personnel report to the press office immediately on arrival at the Event;
5.1.6it shall not do, or permit any third parties to do, anything that would breach the terms of the relevant [lease/licence] that KC holds in relation to the Location;
5.1.7it shall ensure that its presence at the Location and activities thereon do not disrupt the operation of the Event and shall not impede the enjoyment of Visitors at the Event;
5.1.8it shall not film any individual dog at the Event without the prior consent of the relevant owner;
5.1.9it shall not enter into any breed ring during the judging at the Event nor interfere in anyway with the judging of the Event;
5.1.10the quality of the finished Programme shall be technically and pictorially first class;
5.1.11it shall use only first class material and equipment and hire only qualified and experienced production and technical personnel;
5.1.12it shall not materially alter the nature or character of the Programme nor depart from details stated in the Application Form (including the Treatment and the Budget) without the prior written consent of the KC;
5.1.13it shall comply with any relevant Special Conditions;
5.1.14it shall comply with the credit requirements and the limits on broadcast of the Programme as set out in the Application Form;
5.1.15the Programme shall be original to the Production Company and shall not be obscene or libellous or defamatory or infringe any Intellectual Property Right or any right whatsoever ofany person (including the KC and any Event Sponsors (as applicable));
5.1.16nothing shall be contained in the Programme which might breach any duty of confidence or constitute a contempt of court or contravene any Applicable Law or any relevant self-regulatory codes and guidelines (including those issued by BCAP and/or Ofcom (or any successor bodies));
5.1.17it will not use any footage filmed at the Event in any way that may be to the detriment of the dogs taking part in the Event, the KC, the Event or any Visitors;
5.1.18it has not done and shall not do or omit to do anything which may be prejudicial to the good image of the KC or which would if made public lead to adverse publicity for the KC or cause damage to the KC or bring the reputation of the KC or its members and/or Visitors into question;
5.1.19in the event that the KC determines on a reasonable basis that the Production Company is in breach (or is likely to breach these Terms), it shall immediately on receipt of written notice from the KC halt or interrupt filming and its related activities.
5.2The Production Company shall on demand indemnify and shall at all times keep the KC fully and effectively indemnified from and against all actions, proceedings, liabilities, costs, claims, damages and losses suffered or incurred, directly or indirectly, by the KC as a result of (i) any breach by the Production Company of clause 5.1, clause 7 and/or clause 9; and/or (ii) any act or omission on the part of the Production Company or its employees, contractors or invitees which results in physical damage to property and/or the Location.