Filming and Photography at Heathrow Airport

Terms and Conditions

  1.  
    1. You shall pay the agreed facility fee (the "Facility Fee") plus any value added tax in accordance with our current schedule of charges and terms of payment for the time booked. You will be charged for any additional time you are permitted to be at the Airport in accordance with the current schedule of charges and terms of payment from time to time.
    2. You shall pay the fees plus any value added tax for any services provided (including without limitation stores, property, equipment, accommodation, clothing, personnel) by HAL.
    3. You shall pay a cancellation fee of 25 per cent of the Facility Fee referred to in Clause 1.1 if you cancel the filming/photography/sound recording and HAL does not receive written notification of the cancellation at least 48 hours prior to the agreed starting time.
    4. You shall pay any additional charges plus any value added tax at the current rate from time to time which may be required by HAL to cover the costs of any additional facilities afforded to you by the Airport in excess of those originally applied for.
  2. No assurance or otherwise whatsoever is given by HAL or by any officer or agent of HAL as to the suitability of the Airport or of anything therein for your purposes.
    1. HAL shall not be liable for the loss of or damage to any goods or equipment brought onto the airport in connection with the filming/photography/sound recording hereby permitted except damage to your property only where such damage is proved to have been caused by the negligence of HAL or its servants or agents provided that in such case HAL's maximum liability shall be the amount of the Facility Fee.
    2. Nothing in this agreement shall exclude any liability of HAL for death or personal injury caused by HAL's negligence.
  4. You will indemnify HAL and any servant or agent of HAL against all damages, losses, costs and expenses arising from any claim which may be made against them or any of them arising out of or in connection with the exercise of the permission hereby granted however such claim may arise except any claim arising from the proven negligence of HAL, its servants or agents.
  5. You will obtain and keep in force without expense to HAL, a policy of insurance under which the sum insured is not less than five million pounds (£5 million) for working in landside and airside areas and fifty million pounds (£50 million) for vehicles in airside areas. The insurance should cover what you deem necessary it should cover, but should at least cover third party liability of your company, its servants, agents and sub-contractors in connection with the exercise of the permission hereby granted together with your liability under the indemnity contained in the preceding clause (4). The policy must be taken out with a reputable insurer and prior to exercising the permission hereby granted to produce for inspection by HAL and at any reasonable time when requested by HAL, the policy of insurance or a certified copy thereof and a receipt for the premium paid (up to date) thereunder.
  6. HAL may terminate this Agreement with immediate effect by notice in writing at any time in the event of any breach of these terms and conditions.
  7. HAL may, at any time and for any reason whatsoever, suspend this permission by notice in writing or by oral notice subsequently confirmed in writing for as long as HAL may deem to be necessary to do so. In case of any such suspension, HAL may, at its sole discretion, refund the whole or part of the sums paid by you pursuant to the terms of this Agreement. Where HAL believes that this Agreement should be terminated rather than suspended then it can serve written notice of termination of this Agreement with immediate effect.
    1. HAL shall not be liable to compensate for any loss, damage, costs or expenses incurred by you or any servant, agent or contractor engaged by you as a result of HAL suspending and/or terminating this Agreement.
    2. HAL shall not in any circumstances be liable for any economic or consequential losses and/or loss of profits.
  9. You shall comply and ensure that all persons brought onto the Airport pursuant to this Agreement also comply with:
    1. All directions whether general or specific given by the Managing Director of the Airport or any other officer of HAL to ensure amongst other things the safe and normal functioning of the Airport and the health, safety and/or convenience or persons using it.
    2. The Byelaws applicable to the Airport.
    3. The terms and conditions or notes for guidance relating to filming / photography / sound recording at the Airport issued by HAL from time to time.
  10. Without limitation to the generality of the foregoing, no filming and/or photography and/or sound recording must take place at the Airport or be released in any form to the public or otherwise concerning the Airport which is considered by HAL to be confidential and/or obscene and/or violent and/or including against the public interest and/or illegal.
  11. The rights granted to you pursuant to this Agreement are non-exclusive which means that third parties will be granted from time to time such rights by HAL. HAL is not and shall not be liable, responsible or otherwise for any duplication or similarity or otherwise of your work or any rights in that work in any form of media or otherwise and those of a third party.
  12. Filming of what HAL classifies as aircraft emergencies and/or aircraft incidents and without limitation those classified as "full emergencies" is prohibited.
  13. You hereby and shall be responsible for seeking the required relevant permissions in respect of any person or otherwise which you desire to include in the filming / photography / sound recording.
    1. Any Intellectual Property in the filming/photography and or sound recording shall be owned by you.
    2. You hereby grant to HAL and where appropriate and applicable shall procure the grant to HAL of a non-exclusive, royalty free, perpetual, irrevocable licence for HAL to use any Intellectual Property in the filming/photography and/or sound recording for the purposes of any HAL or BAA plc group of companies publications or internal communications or purposes, including but not limited to, internal broadcasts, annual reports and share holders meetings
  15. When requested by HAL You shall supply HAL with a copy of any filming/photography and/or sound recording within 7 working days of any request provided that HAL pay any reasonable and actual costs of providing and sending such copy.
  16. This agreement together with the documents referred to in clause 9 of this agreement (and where you carry out any additional work at the Airport relating to the same subject of filming and/or photography, any HAL agreement which you are asked to sign in respect of such additional work), represents the entire understanding between you and us with respect to the subject matter hereof and supersedes any arrangements, understandings or previous agreements between us and no terms and conditions or otherwise (whenever and/or howsoever delivered to us) of yours will form any part of any arrangements and/or contract between us and you and shall be excluded. Nothing in this clause shall operate to limit of exclude any liability for fraud or fraudulent statements.
  17. Clauses 1, 3, 4, 8, 10, 11, 13 and 14 shall survive termination of this Agreement for any reason whatsoever.
  18. For the purposes of clauses 2, 3.1, 4, 8 , 11, 12 and 14 HAL shall mean such company and all other companies within the BAA plc group of companies.
  19. The construction, validity and performance of this letter shall be governed by the laws of England and the parties hereby and shall submit to the exclusive jurisdiction of the English courts.
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