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Justin Lesar - Location Agreement

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27 views9 pages

Justin Lesar - Location Agreement

Uploaded by

justin.lesar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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LOCATION AGREEMENT

“Fatal Seduction S2”

This Agreement is made between

FS S2 (Pty) Ltd
Reg No: 2022 / 403945 / 07
("Production Company")

and
Justin Lesar

("Owner")

Date:
06 May 2024

1. PERMISSION: Owner hereby irrevocably grants to Production Company the right to enter
the Property (as herein defined) for the purpose of photographing, filming and recording
scenes and/or sound recordings on and about the Property, including the interior, the
exterior and the contents of the Property (together “Material”) for the periods set out
below, and to bring all necessary personnel, equipment and temporary sets onto the
Property in connection with production of the episodic television series provisionally titled
"Fatal Seduction Season 2” (the “Series”). The Production Company shall have the
exclusive right to, inter alia, use irrevocably and throughout the universe the Material in
any manner whatsoever, any name connected with the Property and any signs indicating
or on the Property including but not limited to the right to photograph, record and use any
logos and signage contained on the Property, the right to reproduce or refer to the
Property or any part thereof by any fictitious name, the right to attribute any fictitious or
actual events as occurring on the Property. For the avoidance of doubt, the Production
Company shall have the right of access and egress to and from the Property with
Production Company's personnel and equipment for the purpose of erecting and
maintaining temporary television film sets and structures (to the extent required by
Production Company) and of photographing and filming the Property, sets structures
and/or recording sound for such scenes as Production Company may in its sole
discretion desire. All rights in the Materials, films, photographs and recordings shall vest
in Production Company. All permissions, rights and other benefits granted to the
Production Company in this clause and elsewhere in this Agreement shall be deemed to
be granted also to Netflix IO Productions LLC (the “Producer”).

2. PROPERTY: “Property” means certain property located at:

Address: 7 Church Street, Woodstock


E-mail: Justin.lesar@gmail.com
Phone #: 079 874 7068
Name: Justin Lesar

including interior and exterior areas of the Property, plus furniture and fixtures and
Owner’s name, logos, slogans, and trademark as displayed at the Property (if applicable).

3. USAGE: Production Company shall have the right during the dates set out below to use the
Property as follows: for the purpose of filming and related purposes, and in terms of such
use to make all required non-structural changes to the Property, subject to the
reinstatement on completion as provided for in this Agreement.
4. DATES: The Property shall be available for use by Production Company during the
following period:

Start Date: 5 June 2024 End Date: 06 June 2024

If because of illness or accidents of actors, director or other essential artists and crew,
weather conditions, pandemic related reason, defective data or equipment or any other
occurrence beyond Production Company's control (“Force Majeure”), Production
Company is unable to start work on the dates above or has to stop work during the use
of the Property, or for reasons of any pick-ups or reshoots, or additional footage
subsequently required by Production Company or the Producer, Production Company
shall have the right to access and use the Property at a later date to be agreed upon on
the same terms and conditions hereunder. If such occurrences result in additional use of
the Property (i.e. for a period in excess of the aggregate period set out in clause 4 above)
then Production Company may do so, subject to the payment of additional fees, pro-rata
with the fees payable below. In addition Owner grants to Production Company with an
irrevocable option to access and use the Property for purposes of any subsequent
season, on reasonable notice to Owner, upon the same terms and conditions provided
for herein, subject to reasonable mutually agreed fee increase.

5. FEE: Production Company agrees to pay, and Owner agrees to accept, as full and complete
compensation for Production Company’s use of the Property in accordance herewith and
the grant of all rights hereunder, the fee(s) set out below (the “Fee”) which Fee includes
compensation for all days that Company is in use and/or possession of the Property
(including, without limitation, for prep, construction, photographing, recording, holding,
and/or striking down).

Fee: R18 500

The Fee shall be paid as follows:


_____________________________________________________________________

The Fees will only be due and payable if Property is actually used by Production
Company. If the Series or any part thereof is delayed, prevented, interrupted or interfered
with in preparation, commencement or production by any cause beyond the control of
Production Company, then Production Company shall be entitled to withhold and
postpone payment of any sum otherwise due to Owner hereunder during the suspension
but not of any payment due up to the date of suspension.

6. ARTWORK: Owner furthermore hereby irrevocably grants to Production Company the non-
exclusive right to use artwork described in Annexure A (“the Artwork”), which is located
at and in the Property in the production of the Series and to utilize and reproduce such
artwork in connection with the Series, for reproduction, exhibition and exploitation,
throughout the universe in any manner whether known or hereafter devised, and in the
advertising, publicising and promotion thereof. Owner releases the Production Company,
its agents, successors, licensees and assigns from any claim of any nature whatsoever
arising from the use of the Artwork and agrees that it will not assert or maintain any claim
against Production Company and its agents, successors, licensees and assigns in this
regard. Owner represents and warrants he/she is the owner (copyright holder) of the
Artwork and have the authority to grant permission and the rights herein, and that no
one else’s permission is required, or that , alternatively, Owner has secured permission
for the required use, from the applicable copyright holder, proof of which permission is
attached hereto. However the Artwork will be used and Set Dec will provide artwork for
this project. The Artwork will be packaged and stored in a room on the Property.
7. FACILITIES: Production Company agrees to remove all equipment and temporary sets and
reinstate all non-structural changes on completion of usage and to leave the Property in
as good condition as when entered upon by Production Company, normal wear and tear
excepted. Signs on the Property may be removed or changed, but if removed or changed,
such signs shall be replaced. Production Company will use reasonable care to prevent
damage to the Property and will indemnify Owner from any damages and/or losses
arising out of personal injuries or property damage resulting from any act of negligence
by Production Company in connection with use of the Property by Production Company
hereunder and in accordance with Production Company’s insurance cover, as per
Annexure C. Production Company agrees to maintain liability and property damage
insurance covering the use of the Property by Production Company in customary and
adequate levels. Prior to the Start Date the Owner shall complete the Disclosure
Schedule (Annexure D) by disclosing all movables excluding fixtures and fittings which
shall remain in the Property during the term of this Agreement. Any movables not
documented in Annexure C shall remain at the Property at the Owner’s sole risk.

8. DAMAGE: In the event of Production Company or its employees or any party contracted by
it causing any damage (in excess of reasonable wear and tear), Owner shall notify
Production Company in writing within twenty-four (24) hours of the Production Company
vacating the Property and Production Company shall have the first opportunity to repair
or arrange for the repair of any damage (in excess of reasonable wear and tear) caused
by Production Company. Owner shall have the right to approve any repairs made by
Production Company once completed, provided that such approval shall not be
unreasonably withheld or delayed. Owner, or his/her location agent, shall execute a
Release Form in the form attached hereto as Annexure B, within five (5) days after the
date on which Production Company vacates the Property, confirming that the Property
has been returned and / or restored to Owner in good order, and that Owner has no
further claim against Production Company.

9. RIGHTS: All rights whatsoever in and to all Material made in connection with use of the
Property by Production Company or Producer shall be and remain the sole and exclusive
property of Production Company. Neither Owner nor any other party claiming an interest
in the Property shall have any right of action against Production Company or any other
party (including without limitation the Producer) arising from the use by any means
whatsoever of the Material or the Series. Production Company may (and may authorize
and third party including without limitation the Producer to) exploit, exhibit, advertise and
promote the Series or any portion thereof and any and all ancillary rights relating thereto,
whether or not such uses contain audio and/or visual reproductions of the Property and
whether or not the Property is identified, in any manner, by any means and in any and all
media which currently exist or which may exist in the future in all countries of the world
and in perpetuity. Neither Owner nor any other party now or hereafter claiming an interest
in the Property and/or interest through Owner shall have any right of action against
Production Company or any other party (including without limitation the Producer) arising
from or based upon any use or exploitation of any of the Material in the production of the
Series, whether or not such use is or is claimed to be defamatory, untrue or censorable
in nature.

10. PROPERTY USAGE: Owner may not terminate or interfere with the permission granted to
Production Company to use, film and photograph the Property. Owner acknowledges
and agrees that the Property is a primary location for use by Production Company as part
of the photography and filming of a television series and as otherwise provided for in this
Agreement, and that any interference with the use thereof shall cause Production
Company substantial financial and other damage. As a result, Owner agrees that
Production Company shall be entitled to injunctive relief to prevent any interference with
use of the Property by Production Company as detailed hereunder.

11. OWNER: Owner warrants that he/she is the legal Owner or authorized representative of
the Property and has the authority to grant Production Company permission for the usage
herein, and that no one else’s permission is required. Owner warrants that it will take no
action nor permit or authorize any third party to take any action which might (i) interfere
with Production Company’s full use and quiet enjoyment of the Property in accordance
with this Agreement, or (ii) make any claim in respect of the filming, recording and
photographs (and any product thereof) including but not limited to the subject matter of
such filming and characters. Owner warrants the Property is safe and suitable for the
Production Company’s intended use and that the Owner has been informed of the
subject matter of the Series and shall make no claim in respect of any reference to the
Property or contents thereof. Owner hereby agrees not to divulge or disclose any
information of any nature or kind relating to the Series or to the Production Company’s
general affairs or that of the Producer, coming within the Owner’s knowledge by reason
of the Owner’s engagement (‘Confidential Information’) without the prior written approval
of the Production Company in each instance, except as may be required by law or by
order of a court of competent jurisdiction, and undertakes to maintain strict confidence
therein, and to do all such further acts and execute all further documents as may be
required to vest in or further assure to the Production Company the rights herein
expressed to be granted to the Production Company. The Owner warrants and
undertakes that: (i) the Owner has advised the Production Company in writing of any
defects or dangers of which the Owner is aware in relation to the Property; and (ii) the
Owner will not (and will procure that any employees, contractors or other personnel under
its control will not) make any disclosure or supply any information, filmed material or
photographs or any other material whatsoever to the public or any third party, via social
media, any sharing platform, or any other means whatsoever.

12. INDEMNIFICATION:

(a) Production Company will indemnify and hold harmless Owner from any damages
and/or losses which Owner may suffer or incur arising out of personal injuries or property
damage to the Property (normal wear and tear excepted) caused by the gross negligence
of Production Company in connection with use of the Property by Production Company
hereunder and in accordance with Production Company’s public liability cover as set out
in Annexure C, excluding any claims arising out of the breach, negligence or wilful
misconduct of Owner. Production Company agrees to maintain liability and property
damage insurance covering the use of the Property by Production Company during the
Term.
(b) Owner agrees to indemnify and hold harmless Production Company, and its parent,
subsidiary and affiliated entities, distributors, successors, assigns and licensees from
and against all claims, demands, losses, liabilities and expenses (including attorneys’
fees and costs) arising from or in connection with any breach of any of Owner’s
representations, warranties, obligations or agreements set forth herein.

13. CANCELLATIONS In the event that Production Company wishes to cancel this
Agreement, the following will apply:
(i) in the event that the cancellation occurs on or after the Start Date, 100% of the Fee
will be payable by Production Company to the Owner;
(ii) in the event that the cancellation occurs more than 48 hours prior to the Start Date,
no cancellation fee shall be payable to the Owner.
(iii) in the event that the cancellation occurs less than 24 hours prior to the Start Date,
a cancellation fee equal to 50% of the Fee shall be payable to the Owner.

14. REMEDIES: To the fullest extent permitted under applicable law, Owner’s sole remedy for
a breach of this Agreement or use of the Property and/or Artwork by Production Company
shall be limited to an action at law for money damages, if any, and Owner shall not have
the right to seek to enjoin, interdict or restrain or otherwise interfere with the production,
distribution, exhibition, or other exploitation of the Series and the advertising or publicity
in connection therewith.

15. COUNTERPART: This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original but all of which together shall constitute one and
the same instrument. Executed signature pages of this Agreement scanned and
transmitted electronically either in Tagged Image File Format (TIFF) or Portable
Document Format (PDF) shall be treated as originals, fully binding and with full legal
force and effect, and the parties waive any rights they may have to object to such
treatment. The parties agree to exchange original counterparts as quickly as practicable
after execution of this Agreement.

16. GENERAL: Production Company is not obliged to include or use any of the Material in any
television series or publication. Production Company shall be entitled to assign this
Agreement in whole or in part to any third party, and all such rights shall inure to the
benefit of the Production Company, its licensees, successors and assigns. Owner shall
not be entitled to assign this Agreement. This Agreement is the entire agreement
between the parties and cannot be modified except in writing signed by both parties. This
Agreement shall be interpreted in accordance with the laws of South Africa. Owner
agrees that Production Company may assign this Agreement and its rights hereunder to
any third party.

SPECIAL PROVISIONS:

Prep: 01 June 2024


Down Day: 02 June 2024
Shoot: 03 & 04 June 2024

Thank you for your cooperation and we look forward to a pleasant and successful shoot.

SIGNATURES ON THE NEXT PAGE

IN WITNESS WHEREOF, the parties have executed this agreement on the date set out
above.

______________________ ___________________________

For and on behalf of Owner For FS S2 (Pty) Ltd

Justin Le Sar
Name: _____________________ Name: Blessing Gurure

2024/05/07
Date: ______________________ Date: 06 May 2024

Chloe Le Sar
Witness: ____________________ Witness: ____________________
Annexure A

Artwork
Annexure B

Release Form

2024/05/07
Date: ______________________________

To: FS S2 (Pty) Ltd (“Production Company”)

In respect of the property situated at or generally described as:


Church Street , Woodstock
_______________________________________________________________("Property")

05 May
Reference is made to the Location Agreement dated _____________________ 2024 between
______________ (“Owner”) and Production Company with respect to Production Company’s
Justin Le Sar
use of the Property in connection with the series provisionally entitled “Fatal Seduction -
Season 2”.

1. Owner hereby acknowledges that Owner has inspected the Property upon the completion
of Production Company’s use thereof and Owner hereby agrees that said Property has not
been damaged or has been satisfactorily restored to its prior condition in accordance with the
terms and conditions of the aforesaid Location Agreement.

2. This release shall in no way be deemed to limit or otherwise affect the rights granted to
Production Company by the Owner under the Location Agreement.

IN WITNESS WHEREOF, the Owner has executed this Release Form on the date set out
above.

Justin Le Sar
__________________________
For and on behalf of Owner
By:
Who warrants his/her authority hereto
Chloe Le Sar
Witness: ____________________

Noting that the above inspection and acknowledgment can only be done or provided after the actual
production is complete.
Annexure C

Production Company’s insurance cover


Annexure D

Disclosure Schedule

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