Parties to the Hire Agreement

  1. Hirer as detailed in the Booking Form (Hirer/you);
  2. Owner as detailed in the Booking Form (Owner/it); and
  3. We Are Find as detailed in the Booking Form (Find)

Whereas the Hirer wishes to the Property further to the terms of the Hire Agreement in consideration of the Total Hire Fee, and the Owner is willing to license to the Hirer the Property in accordance with the terms of the Hire Agreement for the Hire Period in consideration of the Total Hire Fee.

The Parties hereby agree as follows:

  1. Definitions

    1. The following definitions and rules of interpretation apply in the Hire Agreement:

      Booking Form: the form signed by the Hirer and the Owner confirming details of the Hirer’s booking of the Property, which together with the Standard Terms of Hire forms the Hire Agreement;

      Booking: means any booking of a Property subject to a Booking Form and Hire Agreement;

      Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;

      Damage: all minor damage to any fixtures, fittings, furniture or design of the Property, including but not limited to all scratches, marks, or any other damage to any surface of the Property, and all major damage to the Property whatsoever, including but not limited to damage to the Property by way of all usual insurable risks;

      Damage Deposit: as stated in the Booking Form;

      Force Majeure: act of God, earthquake, flood, fire, epidemic, accident, explosion, boycott, strike, riot, civil disturbance, war or armed conflict, act of terrorism, embargo or similar event of force majeure;

      Hire Agreement: the Booking Form and these Standard Terms of Hire;

      Hirer Material: the Production and the products of all Recordings made by or on behalf of the Hirer in or at the Property;

      Hirer Representative: such person engaged by Hirer responsible for liaising with Owner and Find regarding the Recording at the Property;

      Hire Period: as stated in the Booking Form and including any agreed over-run;

      Library: Find’s library of properties, viewed on the Website;

      Library Fee: the fee paid to Find by the Hirer for each Hire Agreement, as detailed in the Booking Form;

      Over-run Fee: the fee for over-runs agreed in the Booking Form;

      Production: as stated in the Booking Form;

      Property: one or more properties from the Library as stated in the Booking Form, and including only such areas as are specified on the Booking Form;

      Recce(s): one or more scheduled visits to or viewings of the Property on date(s) stated in the Booking Form;

      Recording/ Record: recording, filming or photographing the Production;

      Recordings: means all photographs and recordings generated as a result of the Recording of the Production;

      Standard Terms of Hire: these standard terms of hire of the Property, which together with the Booking Form forms the Hire Agreement;

      Total Hire Fee: as stated in and payable in accordance with, the Booking Form;

      Website: Find’s website at www.wearefind.com and any other websites which may be used by Find from publish details of the Library or any part of the Library.

    2. Clause headings shall not affect the interpretation of this Agreement. A reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force or amended from time to time, and a reference to a statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision. Any words following the terms including, include, in particular or any similar expression shall be construed as meaning “including without limitation”. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.

    3. In the event of any conflict between the terms of the Booking Form and Standard Terms of Hire, the Booking Form shall prevail.

  2. Hire Agreement for the Property

    1. In consideration of the payment of the Total Hire Fee the Owner grants the Hirer the exclusive right for the times and dates of the Hire Period to access those parts of the Property specified by Find and/or the Owner on the Booking Form (together with any plans and maps if applicable attached to the same to Record the Production (which may include the Recording of such parts of the interior and exterior and contents of the Property as agreed and confirmed on the Booking Form) and to bring onto the Property such persons and equipment as the Hirer requires for that purpose (subject to any restrictions on the permitted number of people and equipment stated in the Booking Form).

    2. The Hirer will not be permitted access to and shall be refused continued access to the Property if they have not paid the Total Hire Fee in accordance with the Booking Form.

    3. The Parties acknowledge and accept that immediately upon the terms of a Hire Agreement being agreed a legally enforceable contract then exists between the Owner and the Hirer and Find. The Hire Agreement is deemed agreed on the date that the Owner signs the Booking Form forming part of such Hire Agreement and from such date the parties hereto intend to be bound by the terms and conditions set out in the Hire Agreement.

    4. Find are only a party to this Agreement for the purpose of the payment by Hirer of the Library Fee, Total Hire Fee and (if any) Over-run Fees and Damage Deposit direct to Find by Hirer, and for the avoidance of any doubt Find excludes all liability to Owner and Hirer and any person occupying the Property for any and all losses, damages, demands, costs, expenses and third party claims whatsoever arising out of Hirer’s booking and use of the Property and Owner’s letting of the Property pursuant to any and all Bookings of the Property to full extent permitted by law.

  3. Identification of the Property and Publicity

    1. The Hirer shall be entitled to identify the Property by its true name or by a fictitious name (no matter how the foregoing is depicted or portrayed) in connection with any exercise of rights granted to the Hirer herein, including, without limitation, in connection with the development, production, advertisement, publicity, promotion and other exploitation of the Production and/or the Hirer Material, in any languages, formats and media whether now known or hereafter created throughout the universe in perpetuity.

    2. The Owner shall not interfere with the Hirer’s Recording and will not take any photographs or recordings of the Hirer’s activity at the Property, or of any personnel engaged on the Production and the Owner shall not authorise any third party to interfere or take photos or recordings.

    3. Neither the Owner nor Find shall issue, confirm or deny any statements, interviews, news articles, press releases or social media messages regarding the Production and/or the Hirer’s Material, without the Hirer’s prior consent but for the avoidance of any doubt, Find can mention having worked with Hirer for press and publicity purposes on any of its Website, blog, social media accounts or other marketing.

  4. Owner Warranties, Responsibilities and Obligations

    1. The Owner and Find warrant that they have the right to enter into the Hire Agreement.

    2. The Owner has disclosed (in the Booking Form) and undertakes to disclose to Hirer (via Find if preferred) as soon as it becomes aware, any actual dangers at the Property of which it has knowledge and which affect any part of the Property to be accessed by the Hirer. Subject to the foregoing, the Owner gives no warranty that the Property is fit for the purposes contemplated by this Agreement and accepts no liability regarding the Property being fit for the purposes contemplated by this Agreement. The Hirer must use and rely upon its own judgment as to the suitability and safety of the Property or any part of them and such services or facilities that the Owner may agree to provide and Hirer acknowledges that it has a right to Recce the Property prior to entry and confirmation of the Booking.

    3. The Owner (and anyone authorised by the Owner) has the right to access the Property during the Hire Period. The Owner and Hirer shall agree to the areas that the Owner is able to access during the Hire Period in the Booking Form. The Owner will liaise directly with the Hirer’s Representative during the Hire Period if they require access to areas of the Property which the Hirer is utilising. Notwithstanding the foregoing, the Owner (and anyone authorised by the Owner) has the right to enter the Property at any time without notice (with or without equipment or vehicles) to respond to emergencies where such action is essential.

    4. The parties acknowledge that the Owner is responsible for dealing with any problems or complaints from the Hirer arising during the Hire Period in relation to the Property. The Owner and the Hirer acknowledge and accept that Find has no responsibilities, obligations or liabilities in respect thereof whether further to a cancellation, change or withdrawal of features or facilities or otherwise.

    5. The Owner agrees to notify the Hirer and Find if the Hire Agreement needs to be cancelled as a result of the Property becoming unavailable for any reason, including for an event of Force Majeure or if the Property needs to be sold or otherwise disposed of. In such an event if the cancellation occurs prior to the commencement of the Hire Period, the Owner (or Find if any of the Total Hire Fee is still with Find) will refund to Hirer any instalment of the Total Hire Fee paid by Hirer in respect of such Hire Agreement. In the event that the cancellation occurs during the Hire Period, the Owner (and/or Find if any of the Total Hire Fee is still with Find) will refund to Hirer such pro-rata portion of the Total Hire Fee corresponding to the number of days of the Hire Period remaining after and including the date of cancellation. For the avoidance of doubt, other than set out in this Cause 4.5, in no event shall Find be liable for any refunds, costs or damages in the event of cancellation of a Hire Agreement. For the further avoidance of doubt, Find shall be entitled to retain the Library Fee paid by Hirer in the event of any cancellation by Owner.

    6. The Owner agrees to maintain the availability of the advertised features and facilities at the Property and to give Hirer and Find immediate written notice of any change which Owner reasonably considers material or withdrawal of any feature or facility which Owner reasonably considers a key feature or key facility. If a Hirer wishes to cancel the Hire Agreement as a result of any material change or withdrawal of any key feature(s) or facility(ies) at the Property, whether or not notified by the Owner pursuant to this Clause 4.6, the Owner shall be obliged to refund some or all of the Total Hire Fee on the basis as set out in Clause 4.5 above.

    7. Notwithstanding any other provision of this Agreement the Owner shall not be liable to the Hirer for any indirect or consequential loss or damage. Nothing in this Agreement shall limit or exclude the liability of the Owner for loss, damage, death or personal injury to the Hirer due to or arising from fraudulent misrepresentation by the Owner.

  5. Hirer Warranties, Responsibilities and Obligations

    1. The Hirer warrants that it has the right to enter into and perform the Hire Agreement.

    2. The Hirer undertakes, warrants and agrees with the Owner not to use the Property for filming which is considered obscene and/or defamatory under English Law.

    3. The Hirer undertakes, warrants and agrees that during the course of the Hire Period it will prevent itself and any persons associated with the Hirer from acting in a manner which may cause nuisance or damage to any neighbour or passer by or bring the Property or the Owner into disrepute. The Hirer will use best endeavours to inform the local authorities and all those local tenants, residents and/or businesses that the Hirer might reasonably be aware of and that might reasonably be affected by the Hirer's use of the Property. Such affected tenants, residents and/or businesses should be provided with a contact number of the Hirer’s representative. The Hirer will endeavour to keep noise levels at the Property to an absolute minimum between the hours of 22:00hrs and 07:00hrs including but not restricted to minimising the noise from a generator and/or running motor(s). If the Owner and/or Find receives repeated valid complaints from local tenants, residents and/or businesses this will be considered a material breach of contract and access to the Property and the Hire Agreement may be terminated if this breach is not reasonably remedied to the satisfaction of the Owner and nay relevant authorities within the timeframe specified by the Owner.

    4. The Hirer confirms that it has inspected the Property and carried out an inventory and a risk assessment and exercises any rights granted by this Agreement at the Hirer’s own risk.

    5. The Hirer agrees that the Property will be left in a condition as close as is reasonably practicable to that in which it was found and free from any rubbish resulting from the Hirer’s use of the Property. In the event of any Damage being caused to the Property further to a Hire Agreement any compensation and reinstatement costs will be negotiated by the Owner with the Hirer directly. The Owner will notify the Hirer in writing of any Damage found to have occurred during the Hire Period, on expiry or as soon as reasonably practicable after the completion of the Hire Period. The Owner in its sole discretion may elect for the Hirer at Hirer’s sole cost to make good the Property to the reasonable satisfaction of the Owner within ten (10) Business Days of the final date of the Hire Period for the full cost of making good any Damage or loss to the Property arising out of the Hirer’s use of the Property hereunder. If such costs are paid directly by Hirer then the full Damage Deposit shall be returned to Hirer in accordance with clause 7.4. Owner may otherwise in its sole discretion elect to remedy the Damage at its own cost and such cost shall be deducted from the Damage Deposit in accordance with the terms of clause 7.4.

    6. Throughout the Hire Period the Hirer shall not:

      1. Record and/or enter beyond those areas of the Property specified in the Booking Form;

      2. load or use the floors, walls, ceilings or structure of the Property so as to cause strain, Damage or interference with the structural parts, load bearing framework, roof, foundations, joists and external walls of the Property;

      3. make structural or cosmetic alterations of any kind anywhere to either the interior or exterior of the Property, without prior approval in writing from the Owner. This includes affixing any item to any walls or ceilings by any means;

      4. permit any drains to be obstructed by oil, grease or other deleterious matter but to keep the Property and the drains serving the Property and Property thoroughly clear;

      5. allow any person to sleep in the Property nor to use the Property for residential purposes;

      6. store any petrol or other specially inflammable, explosive or combustible substance within the interior spaces of the Property;

      7. overload the electrical installation or conducting media in, on or under the Property;

      8. obstruct any access routes, paths, gates or doorways to the Property, ensuring that security is maintained on all entrances and exits in its use to and from the Property at all times. If entrances/exits must remain open during the Hire Period the Hirer will continuously man them at its own cost;

      9. knowingly trespass into any part of the Property which is not part of the Property as defined in the Booking Form;

      10. permit any notice, advertisement, name or sign of any kind to be affixed, attached or exhibited on any part of the Property or the contents; or

      11. smoke or drink, whether alcoholic, non-alcoholic or other liquids (except for bottled water) inside or immediately around the Property except as may be required by cast in accordance with the Production script and then only under the direct supervision of the Hirer or a qualified representative and approved in advance by the Owner. Where smoking has been approved by the Owner, cigarette buckets are to be provided by the Hirer for permitted smoking in designated outside areas of the Property which are all to be removed from site by the Hirer at the end of the Hire Period.

    7. The Hirer will ensure that all crew, cast or any other persons related to the Production are made aware of and adhere to all relevant terms of the Hire Agreement including without limitation the Booking Form.

    8. The Hirer is solely responsible and liable for the safety and security of all persons associated with the Hirer for the duration of the Hire Period at the Property. The Owner accepts no liability for the loss of or damage to any goods left at the Property whether the property of the Hirer or of persons associated with the Hirer and whether or not such loss or damage occurs during the Hire Period. Any property that is left at the Property is left entirely at the risk of the owner of such property.

    9. The Hirer shall indemnify the Owner against any loss or Damage to the Property and personal injury or death to any person resulting directly from a negligent act or omission by the Hirer or persons associated with the Hirer in connection with its use of the Property under this Agreement.

    10. The Hirer shall not attempt to hire the Property directly from the Owner without contact with Find. The Owner is obliged to notify Find in the event that any person attempts to do so.

    11. The Total Hire Fees and any VAT shall remain due and payable in the event of cancellation of the Hire Agreement by the Hirer as follows:

      1. If the Hire Agreement is cancelled 14 days or less prior to the start date of the Hire Period, 100% of the Total Hire Fees shall be due and payable to Find on demand;

      2. If the Hire Agreement is cancelled more than 14 days but 28 days or less days prior to the start date of the Hire Period then 75% of the Total Hire Fees shall be due and payable to Find on demand;

      3. If the Hire Agreement is cancelled more than 28 days but less than 42 days prior to the start date of the Hire Period then 50% of the Total Hire Fee shall be due and payable to Find on demand; and

      4. If the Hire Agreement is cancelled 42 or more days prior to the start date of the Hire Period then none of the Total Hire Fee shall be payable.

  6. Force Majeure

    1. If an event of Force Majeure causes the interruption of, material interference with or material change to the Property or the Hirer’s use of the Property during the Hire Period, then the Hirer shall have the right to elect not to use, or to continue to use, the Property by giving the Owner notice thereof, and in which case neither the Hirer nor the Owner shall have any further obligation to the other and in which event the Owner shall refund some or all of the Total Hire Fee on the basis as set out in clause 4.5 above.

    2. For the avoidance of doubt the inability to secure or provide necessary labour (including as a result of any strike or action which the Hirer reasonably believes will result in a strike), the death, breach, disability, disfigurement or unavoidable absence of key personnel rendering services on the Production shall not be deemed to be Force Majeure events for the purpose of this clause and should Hirer wish to cancel the Hire Agreement for such reasons then the cancellation provisions of clause 5.11 apply.

  7. Financial Povisions

    1. All fees shown on the Booking Form are shown exclusive of any chargeable VAT, which will be shown separately in any relevant documentation.

    2. The Hirer agrees to pay to Find by bank transfer or other method of payment agreed by Find in the Booking Form all payments due from the Hirer further to the Hire Agreement and/or relating to the hire of the Property as set out in the Hire Agreement and more particularly in the Booking Form, including where applicable the Damage Deposit any Over-run Fees and the Library Fee, in accordance with the invoices issued by Find and the payment terms stated in the Booking Form and/or on the invoices.

    3. Any over-run of production activity of any kind at the Property, including allowance for all personnel and/or vehicles to completely vacate the Property, will be subject to additional Over-run fees as stated in the Booking Form and payable at Owner’s election in its sole discretion either within 5 (five) working days from receipt of an invoice from Find or by deduction from the Damage Deposit in accordance with clause 7.4. The terms and conditions of this Agreement shall remain in full force and effect during any such over-run period.

    4. Any Damage Deposit will be held by Find on trust throughout the Hire Period and any over-run period to cover remedying Damage to the Property to reinstate the Property to the condition that it was in at the beginning of the Hire Period. Further to clause 7.3 Over-run Fees may be deducted from the Damage Deposit prior to such Damage Deposit or balance of the Damage Deposit being returned to the Hirer. After deducting from the Damage Deposit any reasonable cost of Damage and any Over-Run Fees, the balance remaining, if any, shall be repaid to the Hirer by Find following the expiry of the Hire Period and within ten (10) Business Days of re-instatement being complete. In the event that any deductions from the Damage Deposit further to this clause 7.4 exceed the amount of the Damage Deposit, the balance of such costs and charges shall be paid by Hirer to Find on demand in accordance with the terms of Find’s invoice.

  8. Insurance and Indemnity

    1. The Hirer will obtain at its own cost and provide to Find in advance of access to the Property evidence of sufficient insurance policies to cover hire of the Property and the Hirer’s use of the Property and all Hirer’s liabilities under this Agreement for the full Hire Period and any period of reinstatement of the Property after Damage, regardless of when the actual claim is brought. Such insurance shall include employers’ liability and public liability insurance that indemnifies the Hirer against all legal liabilities to any third party for death, injury to people and Damage to property arising out of the error or omission or negligent, deliberate or accidental act of the Hirer, its servants or agents, and all other risks set out in the Agreement, to the value of no less than £5,000,000 (five million pounds) for each and every claim, running until the Hire Period has been completed. The Hirer acknowledges and accepts that the Owner does not have a public liability insurance policy in respect of the Property unless otherwise notified on the Booking Form.

    2. Hirer shall indemnify and keep indemnified the Owner, their agents (including Find) directors, employees and staff from and against any and all losses, damages, claims, costs and expenses (including, without limitation, external legal expenses) incurred or awarded against Owner in respect of any non-observance of the terms of the Hire Agreement by Hirer or arising from any act or omission (negligent or otherwise) of Hirer relating to the Property and/or its use.

  9. Termination

    1. In addition to any other rights and remedies at law the Hire Agreement may be terminated by Owner or Hirer by written notice in the following circumstances:

      1. Owner or Hirer has committed a material breach of the Hire Agreement which has not been remedied within seven (7) Business Days;

      2. Hirer goes into liquidation, or is declared insolvent either in bankruptcy proceedings or other legal proceedings, or a receiver or administrative receiver is appointed over Hirer’s business.

    2. In addition to any other rights and remedies at law the Owner may terminate the Hire Agreement with immediate effect in the following circumstances:

      1. Hirer fails to pay any sum payable under this Hire Agreement (including as set out in the Booking Form);

      2. Hirer provides materially inaccurate information in connection with its use of the Property, whether to the Owner or to Find that would materially affect the Owner or causes or is likely to cause Damage to the Property;

      3. Owner receives notice of or becomes aware of what Owner deems to be an unreasonable level of complaints or litigation or threats of litigation in respect of the Hirer’s use or proposed use of Property.

    3. In the event of valid termination by Hirer further to clause 9.1.1, a part of the Total Hire Fee paid shall be refunded to Hirer on the basis set out clause 4.5. In the event of valid termination by Owner further to clauses 9.1 or 9.2 the Owner shall have the right to retain and keep the Total Hire Fee paid and demand payment of any outstanding Total Hire Fee and, in respect of any Damage if applicable, to retain any part of the Damage Deposit pursuant to clauses 5.5 and 7.4 provided this shall not exclude any other rights or remedies of the Owner in the event of such termination.

    4. In the event of any breach by the Hirer of any of its obligations under this Agreement, the Owner’s rights and remedies shall be limited to the right to recover damages and to exclude the Hirer from the Property but in no event shall the Owner be entitled to seek to injunct or restrain the Recording, production, distribution, broadcast or other exploitation of the Production, subject to payment in full of the Total Hire Fee and any payments for Over-run Fees and any payments for reimbursing Damage costs, due hereunder.

  10. Data Protection

    By entering into this Agreement the parties consent to the collection, use and transfer of certain personal information by Find and the other parties to this Agreement (including without limitation the party’s name and address). Each party agrees that it will only use such information in accordance with applicable data protection laws including the Data Protection Act 1998. Each party undertakes to keep such information confidential, to use it only for the purpose of the Hire Agreement, not to use it for any marketing purposes and not to disclose it to any other party, except with express permission or in the course of agreeing and complying with the terms of this Agreement.

  11. Intellectual Property Rights

    1. The Owner acknowledges that the Hirer owns and hereby assigns to Hirer to the extent of any of Owner’s rights in the same by way of present assignment of present and future copyright, all copyright and other intellectual property rights in the Hirer Material and agrees that the Hirer can exploit the Hirer Material in all media and anywhere in the universe in perpetuity.

    2. The Owner acknowledges that nothing in this Agreement shall obligate the Hirer to actually utilise the Property or to exploit the Production and/or the Hirer Material.

    3. In granting the rights granted to the Hirer in this Agreement the Owner confirms that subject to Hirer’s full compliance with the terms of this Agreement it will make no claim against the Hirer in respect of invasion of privacy. Such confirmation does not extend to any Recording beyond those agreed areas of permitted access at the Property as specified in the Booking Form.

  12. General

    1. Waiver: No failure or delay by a party to exercise any right or remedy provided under the Hire Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

    2. Entire Agreement: The Hire Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. In entering into this Agreement, each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

    3. Variation: No variation of the Hire Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

    4. Severance: If any court or competent authority finds that any provision of the Hire Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Hire Agreement shall not be affected. If any invalid, unenforceable or illegal provision of the Hire Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

    5. Third party rights: A person who is not a Party has no right under the Hire Agreements (Rights of Third Parties) Act 1999 (UK) to enforce any term of the Hire Agreement (but this does not affect any right or remedy of a third party which exists or is available apart from that Act).

    6. Relationship: There is no intention that the parties will create a relationship of landlord and tenant under this Agreement.

    7. Notice: Any notice required to be given under the Hire Agreement shall be in writing and shall be delivered personally, or sent by pre-paid recorded delivery or by commercial courier, or by email to the party required to receive the notice at the contact details stated for the Parties above, or as otherwise specified by the relevant party by notice in writing to each other party. Any notice shall be deemed to have been duly received if delivered personally, when left at the address and for the contact referred to in this clause; if sent by pre-paid recorded delivery, on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; on the date emailed if received during business hours at the place of receipt or (if not) at the start of the first Business Day thereafter provided that a successful transmission receipt or proof of sending is obtained by the sender.

    8. Assignment: The Hirer may not assign, transfer, charge or deal in any other manner with the Hire Agreement or any of its rights under it, nor purport to do any of the same, nor sub-contract any or all of its obligations under this Agreement without having obtained the prior written consent of the Owner (provided for the avoidance of doubt this shall not prevent the Hirer dealing with the Production and the Recordings in any way including assigning or licensing or charging them).

    9. Governing Law and Jurisdiction: The Hire Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Hire Agreement.

    10. The parties hereby agree to the terms set out herein and the Hire Agreement shall take effect on the date of Owner’s signature as stated in the Booking Form.