QUEENSLAND RAIL PHOTOGRAPHY AND FILMING PARTNERSHIP AGREEMENT

Transcription

1 QUEENSLAND RAIL PHOTOGRAPHY AND FILMING PARTNERSHIP AGREEMENT In consideration of Queensland Rail allowing (Entrant) (Full name/organisation) to enter the premises known as (Address) (Premises) to take part in an activity more particularly described in the attached Photography and Filming Request Form (Filming Activity) The Entrant covenants and agrees as follows: 1 ENTRANT S WARRANTIES The Entrant acknowledges and warrants to Queensland Rail that: 1.1 as at the date of this Agreement, it is free to and has the authority to enter into this Agreement; 1.2 it will not do anything or become involved in any situation which, in the reasonable opinion of Queensland Rail, brings Queensland Rail and/or the Initiative into public disrepute, contempt, scandal or ridicule, offends public opinion or reflects unfavourably upon Queensland Rail and/or the Initiative s reputation. Queensland Rail will be the sole arbiter in this regard; 1.3 its attendance at the premises will be at such time or times that will be convenient to Queensland Rail and undertakes not to cause any interference with or inconvenience to the working of Queensland Rail.it will obtain and hold all required licences, permits, approvals and authorisations from private, local, Queensland Rail or Commonwealth authorities necessary to host the Initiative; 1.4 it will comply with all laws, regulations, standard codes, Relevant Queensland Rail policies (including the Applicable Photography and Filming Guidelines) and directions pertaining to safety issues in all aspects of the filming activity; 1.5 the Entrant is responsible to make good all Queensland Rail property at the conclusion of the Filming Activity and that any cost to repair may be set off against moneys owing to the Entrant by Queensland Rail; 1.6 if requiring the images of any Queensland Rail staff or contractors to be included in the Filming Activity, procure a signed Release Form from that staff member available from the Queensland Rail website; and 1.7 this partnership is not an endorsement of the Entrant or its products by Queensland Rail and that the arrangement will not be promoted or publicised as an endorsement beyond the term of this Agreement, without Queensland Rail s express written consent. 2 SAFETY 2.1 In addition to its obligations in Clause 1.4 above, the Entrant must ensure that it complies with all relevant laws and safety regulations and standards. 2.2 If directed by Queensland Rail the Entrant may be required to attend site inspections and provide input into any relevant risk assessments. 2.3 In the interests of occupational health and safety any control measures as identified in the risk assessment are the responsibility of the Entrant. Each control measure will be monitored for compliance by Queensland Rail and any non-compliance may result in the immediate cessation of the Filming Activity. 3 SPECIAL CONDITIONS Where Queensland Rail determines the Filming Activity may only be undertaken in accordance with Special Conditions these will be attached in Schedule 2 to this Agreement and will form part of the Agreement.

2 4 FEE Where nominated in this Agreement, Queensland Rail agrees to either: 4.1 pay the Fee to the Entrant; or 4.2 request payment from the Entrant for certain expenses, the parties will do so on the terms and conditions set out in the Schedule to this Agreement. 5 QR REPRESENTATIVE Queensland Rail will appoint a Queensland Rail Representative as the primary contact point for the Entrant throughout the process. The Queensland Rail Representative may be present during the filming activity, the decision being in Queensland Rail s absolute discretion. 6 INSURANCE 6.1 The Entrant will on or before the execution of this Deed, at its expense, effect and maintain at all times during the term of this Deed an insurance policy or policies with a company or companies licensed to carry on business in the State of Queensland and (in those amounts and of a type specified by Queensland Rail) to cover the legal liability of itself and/or Queensland Rail for their respective rights and interests arising out of or in connection with, either directly or indirectly, the performance of this Deed. 6.2 In satisfaction of these provisions the Entrant agree to effect: a Broadform Liability policy in an amount of at least twenty million dollars; workers compensation insurance as required by law; such other insurances as Queensland Rail may, from time to time, require and note in the attached Schedule. 7 INTELLECTUAL PROPERTY 7.1 Nothing in this Agreement gives the Producer any proprietary or other right in any pre-existing intellectual property of Queensland Rail (including without limitation any branding, logo or trademark). 7.2 Queensland Rail may request copies of photographs or filming taken under this Agreement for inclusion in our image library. 8 CONFIDENTIAL INFORMATION A party must not use, copy, disclose, reproduce or make public the other party s confidential information, unless it is: 8.1 required by law; or 8.2 necessary to perform that party s delegations under the Agreement, including in consultation with that party s professional advisors; or 8.3 if the other party provides written consent to the disclosure. 9 REPORTING AND REVIEW At any time Queensland Rail is entitled to evaluate this Agreement and the relationship, and the Entrant agrees to provide any documentation (including accounts) that may be reasonably requested by Queensland Rail to assist with this purpose. 10 INDEMNITY The Entrant hereby indemnifies and will keep indemnified Queensland Rail from and against all action, suits, proceedings, claims, demands, costs, losses, damages and expenses of whatsoever nature and howsoever occurring, brought against or made upon Queensland Rail, by the Entrant or by any other person, or which Queensland Rail may itself pay suffer or sustain, arising out of or in connection with the Filming Activity. 11 LIABILITY Despite any other provision of this Agreement Queensland Rail s total aggregate liability for the duration of this Agreement for any damage, loss, claims, actions (including death and personal injury) arising under or in connection with this Agreement, shall in no circumstances exceed the total fee payable under this Agreement.

3 12 RELEASE AND DISCHARGE The Entrant hereby releases and discharges Queensland Rail from any such actions, suits, proceedings, claims, demands, costs, losses, damages and expenses which but for the provisions hereof might be brought against or made upon it. 13 TERMINATION Queensland Rail to suspend or terminate the Filming Activity at any time and for any reason in its absolute discretion. Signed Sealed and Delivered by the Entrant: x this day of 20 Schedule 1 - Filming Activity Details Date of Filming Activity: Entrant Contact Person: [insert contact name] Relevant Queensland Rail Policies (Clause 1.4) if applicable Applicable Photography and Filming Guidelines (Clause 1.4) Commercial/Amateur Special Conditions (Clause 2): Fee payable (Clause 3): Fee Details where applicable: [insert amount, invoicing and procedure for payment] Queensland Rail Representative (Clause 4): [insert contact name]

4 Filming Request Document Attached: Other details:

5 Schedule 2 Special Conditions