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Terms and conditions

1. Definitions and Details

In this document the following words and phrases shall have the following meanings:

Filming The creation of a recording on any medium from which a moving image may by any means be produced.

Photography The recording of a still image by any method.

Sound Recording The recording of sounds, including voices, machines (including aircraft and vehicles) and ambient sound, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.

The Material Photographs, film or sound recordings produced under the terms of this agreement.

The Activity (i.e. Filming or Photography)

The Purpose of the Activity – to be as tightly defined as possible, such as “taking photographs of the Southampton for publication in the June 1996 edition of Flypast” rather than just “photography for publication.”

2. Responsibilities

The Customer undertakes:

  1. to comply with the requirements specified in Part 4.
  2. to comply with the instructions of the representative appointed by the Museum and those of the Museum’s security staff.
  3. to provide Public Liability cover to a limit of Five Million pounds.
  4. to ensure that its employees and agents working on the Museum site, and the equipment they use, comply with current Health and Safety regulations.
  5. to provide a list of people who will be working on the Museum site.
  6. to ensure that where items – such as works of art – in which the Museum does not hold the copyright are photographed or filmed, that permission is obtained from the copyright holder before the image(s) are used commercially.
  7. to indemnify and keep fully indemnified the Museum from and against all actions, proceedings, costs, claims damages and demands however arising in respect of any or actual or alleged breach or non-performance by the Customer of any or all of the Customer’s undertakings, warranties and obligations under this Agreement.

The Trustees undertake:

  1. to make electrical power available except where such power is not made available to the Museum, for example in the case of supply problems beyond the Trustees’ control.
  2. to allow non-exclusive access to specified area of the Museum and/or specified items from the Museum’s collections, for the Purpose specified and at the times stated above, in accordance with the Customer’s reasonable requirements and directions.
  3. to provide a representative during the period of the Activity, who will be responsible for the safety and conservation of items in the collection. Any proposed variation from the agreed access is subject to the representative’s agreement.

3. Licence

For an agreed sum the Museum gives the Customer permission to use the Material subject to the following terms and conditions:

  1. The Material may only be used for the Purpose specified above: Use for any other Purpose must be subject to separate agreement(s).
  2. The Customer undertakes not to use the Material for purposes which will bring the Museum or the Royal Air Force into disrepute.
  3. The Material may be intercut with other material, but only for the Purpose specified and provided that the provisions of Paragraph b above are adhered to.
  4. The Customer may represent the Museum under its proper name or represent it as being another real or fictional place, subject to the approval of the Museum Director or his agent.
  5. The Customer shall not have the right to assign, licence and/or sub-license the whole and/or any part of these rights but shall have the right to assign license and sub-license the Material to any company or individual PROVIDED that the Customer will ensure that any third parties to whom such rights are passed undertake to be responsible to the Museum not to exploit the rights except for the Purpose specified and to indemnify the Museum against breach of such undertaking including alleged breaches and the Licensee hereby indemnifies the Museum against all damages and costs arising from such breaches, whether by the Customer or by a third party.
  6. The Customer must advise the Museum of any breach of these terms, including those by a third party, immediately.

4. Consideration

In consideration of the rights granted under this agreement the Customer undertakes to pay to the Trustees an agreed sum.

5. Breach

In the event of the breach of any of the terms of this agreement by the Customer, the Agreement shall be revoked and all rights hereby granted will revert to the Museum.

6. Non-Exclusivity

This Agreement does not in any way affect or prejudice the underlying rights of the Trustees to grant further licences and permissions to other parties not connected with this Agreement to carry out filming of the same items and exhibits within the Museum for separate purposes at any time in their absolute discretion.

7. Proper Law

This Agreement shall be governed by and construed in accordance with the law of England and Wales the courts of which shall be courts of competent jurisdiction.

Schedule

On Site

  1. Temporary lighting may be connected via existing power points, but only with the prior approval of the Museum’s electrician.
  2. Power cables may only be run across walkways in exceptional circumstances, in which case suitable precautions must be taken to prevent a trip hazard.
  3. Cable will be firmly fixed to kerbs with Gaffa tape or similar.
  4. Lights must be at least 1.5m from metal aircraft and 2.5m from fabric-covered aircraft (including fabric-covered surfaces of metal aircraft) and must be far enough away not to fall onto the aircraft or other exhibits.
  5. Lights must not be used for longer than necessary: they should be switched off when filming is not taking place.
  6. Personnel and equipment must not touch aircraft or other exhibits.
  7. No adjustment to any Museum lighting is permitted without prior approval. Such adjustments will be made by the Museum’s electrician.
  8. Where drum-type power cables are used, cable must be pulled all the way from the drum before power is applied.
  9. All cables and couplers must be in sound condition, and must be inspected and by the Museum’s electrician before being switched on. Such inspection will not imply the Museum’s approval.
  10. Lights must not be placed closer than 3 metres directly below the fire detection sensors.
  11. Gangways and fire routes must be kept clear at all times.
  12. All camera cases, boxes and other equipment must be kept in an area designated by the Museum, when not in use.
  13. Badges issued by the Museum’s security staff must be worn at all times.
  14. During the Museum’s normal opening hours the Customer’s staff must make every effort to minimise disruption to Museum visitors.
  15. No structural or decorative alterations may be made without the written agreement of the Museum. Reinstatement will be at the customer’s expense.
  16. All ‘plug-in’ electrical appliances must have been tested in accordance with the recommendations of the Health and Safety Executive’s publication HS(G)107 or any publication which supersedes it.

The Museum gives the Licensee permission to use the Material as follows:

  1. The Material may only be used for the Purpose specified: use for any other Purpose must be the subject of separate agreement(s).
  2. The Material must not be used for purposes which will bring the Museum or the Royal Air Force into disrepute.
  3. The Material may be edited with other material, but only for the Purpose specified and provided that the provisions of clause 2 above are strictly adhered to.
  4. The Licensee may represent the Museum under its proper name or represent it as being another real or fictional place, subject to the approval of the Museum.
  5. The Licensee shall not have the right to assign, license and/or sub-license the whole and/or any part of these rights but shall have the right to assign license and sub-license the Material to any company or individual PROVIDED that the Licensee will ensure that any third parties to whom such rights are passed undertake to be responsible to the Museum not to exploit the rights except for the Purpose specified and to indemnify the Museum against breach of such undertaking including alleged breaches and the Licensee hereby indemnifies the Museum against all damages and costs arising from such breaches, whether by the Licensee or by a third party.
  6. The Licensee must advise the Museum of any breach of these terms, including those by a third party, immediately.
  7. This Agreement shall be governed by and construed in accordance with the law of England and Wales the courts of which shall be courts of competent jurisdiction.