Film Shoot Application & Terms
Film Shoot Application & Terms
1. PARTICULARS OF APPLICANT
Full Name
Identity / Registration
number
VAT number
Agency details
(if applicable)
Physical Address
Name of representative
Contact details
Type of production
Including title of production
Production
TV, Movie, Series, commercial, stills photography, documentary
Other
Give full description of shoot
for magazine or station/programme
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Catering
Area required
Use of restaurants within Melrose Arch
Phone Number
Mobile Number
Email address
Production manager/Director
Assistant
Location crew
Total number of persons include cast and crew
Set up time
Shoot date
Time of Shoot
Strike time
Total no. of hours needed to complete
shoot & including strike (clear area)
Parking access required on street level
If yes type of vehicles and registration no.
Additional Details
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Many thanks for completing this briefing schedule. We will revert to you within 48 (forty eight) hours
with feedback.
I, the undersigned (who warrants my authority hereto), hereby provide Melrose Arch with perpetual,
unlimited and unrestricted usage rights over the images taken in terms of this Agreement at the
Melrose Arch Precinct.
Applicant Signature
Print Name
Date
___________________________________________________
___________________________________________________
___________________________________________________
_______________________________
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PREAMBLE
A: Upon acceptance of the Applicant’s signed application form, a valid and binding Agreement will come into effect between
Melrose Arch (as defined in clause B below) and the Applicant (“the Parties”) in terms of which the Applicant will be allowed to
undertake a Film Shoot in an allocated area (“the Film Shoot Area”) in Melrose Arch, Melrose North, Johannesburg, 2196
(“the Precinct”).
B: Melrose Arch means jointly the parties set out below, in respect of the following undivided share in the developed portion of
the Precinct:
75% (seventy five percent) – Melrose Arch Investment Holdings (Pty) Ltd; and
C: Melrose Arch has for practical considerations and administrative purposes, created The Melrose Arch Joint Venture (VAT
number 4730270404), an unincorporated joint venture, for the smooth operation of the Precinct.
2.1. The Film Shoot Area shall be reserved in favour of the Applicant for the duration of the Film Shoot, upon acceptance by
Melrose Arch of this Agreement, unaltered and duly signed by or on behalf of the Applicant.
2.2. The Applicant shall at its own cost provide all the necessary equipment, infrastructure, paraphernalia, gear, goods and
material required to conduct the Film Shoot (“the Film Shoot Apparatus”). All such Film Shoot Apparatus shall be approved
by Melrose Arch in writing prior to being used in the Film Shoot Area or on the Precinct. It is agreed that Melrose Arch shall
not be liable for any loss or damage of whatsoever nature and howsoever caused to the said Film Shoot Apparatus.
2.3. The Applicant shall on the due date pay in full, without deduction or set-off and free of any exchange or bank charges, the
costs due for the Film Shoot.
2.4. The Applicant is aware that it has the sole responsibility and obligation of applying for and acquiring all necessary
permissions, permits, approvals, consents, certificates and/or licences from the relevant licensing or local authority
prescribed by law for the lawful conduct of Film Shoot.
2.5. The Film Shoot Area shall be used for the Film Shoot and for no other purpose whatsoever without the prior written consent
of Melrose Arch. The Applicant shall not sub-let, cede, assign, share, or in any way dispose of or alienate its reservation of
the Film Shoot Area or any portion thereof or any of its rights granted under this Agreement to any person (juristic or
otherwise) unless agreed to in writing by Melrose Arch.
2.6. The Film Shoot Area is hired voetstoots by the Applicant who acknowledges that it has familiarized itself with the size,
suitability, services, facilities and positioning thereof. Melrose Arch gives no guarantee that the Film Shoot Area is suited to
the specific requirements and needs of the Applicant.
2.7. The Applicant may not begin to set up any Film Shoot Apparatus in the Film Shoot Area until the set up date and until the
total costs have been paid in full.
2.8. The Film Shoot shall at all times be subject to the approval of Melrose Arch whose decision shall be final and binding.
Melrose Arch may at any time object to the Film Shoot (even after the start date) and withdraw its approval if the Film Shoot
may have an adverse effect on Melrose Arch.
2.9. Any cancellation of the Film Shoot by the Applicant shall be made no less than 45 (forty five) days prior to the start date. In
addition, if any costs associated with the Film Shoot are incurred by Melrose Arch, then the Applicant shall be immediately
liable for all such costs.
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2.10. Any cancellation of the Film Shoot by the Applicant less than 45 (forty five) days prior to the start date shall result in the
Applicant being immediately liable for a penalty fee of 50% (fifty percent) of the total costs. Any cancellation of the Film
Shoot by the Applicant less than 14 (fourteen) days prior to the start date shall result in the Applicant being immediately
liable for a penalty fee of 100% (one hundred percent) of the total cost. In addition, if any costs associated with the Film
Shoot are incurred by Melrose Arch, then the Applicant shall be immediately liable for all such costs.
2.11. Any cancellation made by the Applicant during the Film Shoot shall result in the Applicant incurring a penalty fee of the full
total costs. In addition, if any costs associated with the Film Shoot are incurred by Melrose Arch, then the Applicant shall be
immediately liable for all such costs.
2.12. In clauses 2.10 and 2.11 above the percentage retentions of the VAT portion already paid over to Melrose Arch shall be
deemed to be part of the penalty fee due and shall not be treated as VAT.
3.1. Subject to the Applicant exercising due regard for, and minimum interference with, the beneficial enjoyment/use of the
Precinct by others and those in occupation thereof, it is agreed that, unless otherwise consented to by Melrose Arch, all
building, assembly and set-up of the Film Shoot and the conveyance, set-up and take down of any Film Shoot Apparatus
shall only be undertaken on the set up date(s) and take down date(s), or on such alternative dates as agreed with Melrose
Arch in writing. All building, assembly and set-up shall be undertaken strictly in accordance with the approvals received
from relevant authorities.
3.2. All loading, unloading and/or conveyance of Film Shoot Apparatus, building, assembly and/or erection of the Film Shoot
must be done at the time, in a designated area and at the discretion of Melrose Arch.
3.3. The Applicant agrees that it will not use any apparatus, equipment or material that may be flammable, toxic or potentially
injurious or in anyway represent a fire, health or safety hazard and shall at all times comply with all applicable national
legislation and relevant municipal or local authority by-laws, rules and regulations, in particular those relating to health and
safety.
3.4. Under no circumstances shall any person other than a qualified electrician connect, or attempt to connect, anything to the
electrical supply of the Precinct, and no electrical points, wires, leads, connections, cables or fitments shall be left exposed
or accessible to the public.
3.5. It is specifically agreed to by the Parties that Melrose Arch does not warrant the uninterrupted supply of electricity during
the Film Shoot and shall not be liable for any damages or loss suffered and/or cost incurred by the Applicant, resulting from
any interruption in the supply, power outages, variation of frequency, power or voltage or any other electrical disturbance
howsoever caused.
4.1. The Applicant, its directors, affiliates, servants, volunteers, employees, agents, representatives, delegates or any other
person (“the Aggrieved Parties”) hereby indemnifies and holds Melrose Arch, its agents, delegates, affiliates, directors,
employees, servants, volunteers, sponsors, representatives or any other person (“the Indemnified Parties”) harmless
against:
4.1.1. each and every liability in respect of any claim, action, loss or damage of whatsoever nature and howsoever
occurring (including any abandonment, cancellation, relocation, postponement or limitation of the Film Shoot due
to circumstances beyond the control of the Indemnified Parties) which may be made against the Indemnified
Parties, whether directly or indirectly incurred before, during or after the Film Shoot and whether in respect of
direct, indirect consequential loss or consequential or special damages; and/or
4.1.2. the adverse effects of all claims including claims by third parties, to the extent that it may arise as a result of the
Applicant’s breach of this Agreement, delict, warranty or otherwise; and/or
4.1.3. liability in respect of the death or injury to any person, if the damage, loss, injury or death is due to or (directly or
indirectly) arises out of the Film Shoot; and/or
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4.1.4. legal proceedings or expenses (including attorney and own client costs) which the Indemnified Parties may incur
as a result of claims and/or proceedings relating to defamation, invasion of privacy, piracy, plagiarism,
misappropriation of ideas or concepts, infringement of advertising or intellectual property rights or any other
similar transgression resulting from any act or otherwise of the Aggrieved Parties.
4.2. In the event of Melrose Arch being in a position to provide the Applicant with any form of overnight or temporary storage
space, it is agreed by the Parties that Melrose Arch shall not be liable for any loss or damage of whatsoever nature and
howsoever caused to the Film Shoot Apparatus or any other property of the Applicant (whether such property is owned or
leased from a third party) and the Applicant hereby assumes who assumes all risks associated with such storage.
5. APPLICANT’S OBLIGATIONS
5.1. During the Film Shoot the Applicant agrees to maintain a high standard of conduct by it and all its affiliates present on the
Precinct, commensurate with the premier status image of the Precinct. Without derogating from the generality of the
aforegoing, the rules and regulations as stipulated in the attached Annexure A shall be strictly observed by the Applicant
who hereby warrants and that it and its directors, affiliates, servants, volunteers, employees, agents, representatives and
delegates have familiarised themselves with such rules and regulations as well as with the rules and regulations of Melrose
Arch Property Owners Association and to comply with any other directive issued by Melrose Arch.
5.2. The Applicant shall be responsible for its own security and cleaning of the Film Shoot Area and the Precinct security guards
and cleaners are prohibited from being used. The Applicant shall, at its own cost, use the security and cleaning companies
appointed by Melrose Arch at the time to appoint additional security and cleaning personnel for the Film Shoot.
5.3. The Film Shoot Area shall be cleaned and sanitised daily for the duration of the Film Shoot (including all set up dates and
take down dates).
5.4. All refuse and litter shall be collected each day of the Film Shoot and disposed of in the bins or containers provided and
under no circumstances may the Applicant leave or permit to be left any refuse or litter in the Film Shoot Area or anywhere
else on the Precinct.
6. BREACH
6.1. Should the Applicant commit or permit the commission of a breach of any of the terms or conditions contained herein,
whether or not such breach goes to the root of this Agreement, Melrose Arch shall be entitled but not obliged to either:
6.1.1. cancel this Agreement immediately in writing, without prejudice to its right to claim damages; or
6.1.2. claim specific performance of the Applicant’s obligations in terms of this Agreement.
6.2.1. instruct the Applicant to immediately remove all its Film Shoot Apparatus from the Film Shoot Area, failing which
Melrose Arch shall be entitled to remove such Film Shoot Apparatus at the cost of the Applicant, who shall have
no claim whatsoever either for damages or otherwise against Melrose Arch; and
6.2.2. elect that any other agreement between the Applicant and Melrose Arch for any reserved future Film Shoot to be
held at the Precinct be regarded as having being duly cancelled and be of no further force or effect.
6.3. Should Melrose Arch breach any terms or conditions of this Agreement then the Applicant shall be entitled, should the
breach not be remedied by Melrose Arch within 7 (seven) days of notification of such breach by the Applicant, to either:
6.3.1. cancel this Agreement in writing without prejudice to its right to claim damages; or
6.3.2. claim specific performance of Melrose Arch’s obligations in terms of this Agreement.
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7. INSURANCE
7.1. The Applicant hereby warrants that it shall prior to the start date procure and will continue to maintain, at its own cost,
insurance cover for the duration of the Film Shoot (including all set up and take down dates) in respect of:
7.1.2. loss or damage caused by all risk of whatsoever nature howsoever occurring,
and shall, if requested by Melrose Arch furnish written proof of the existence of such insurance cover and that all the
necessary premiums have been paid.
7.2. The Aggrieved Parties (as defined in clause 4.1 above) shall have no claim or right of action against any of the Indemnified
Parties (as defined in clause 4.1 above) for damage, loss or otherwise arising out of or by reason of any permission,
stipulation or direction given, being varied or revoked by the Indemnified Parties or through any other cause whatsoever,
nor shall the Indemnified Parties be responsible for any personal injury, death, theft or loss which may be sustained in or
about the Precinct to the Aggrieved Parties, their guests, invitees or any other person to whom such injury, theft or loss
may be caused.
8. VACATION ON TERMINATION
8.1. In the event of this Agreement being terminated by Melrose Arch as provided for herein or the term of this Agreement or
any renewal thereof expiring, the Applicant shall vacate the Film Shoot Area forthwith.
9. DOMICILIUM
9.1. The Applicant’s domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the serving of
any process and for any other purpose arising from this Agreement, is as set out in clauses 1 above, or at such other
address in the Republic of South Africa of which the Applicant may notify the other in writing, provided that no street
address mentioned in this sub-clause shall be changed to a post office box or poste restante.
9.2. Unless the contrary is proved, any notice given in terms of this Agreement shall be in writing and shall –
9.2.1. if delivered by hand be deemed to have been duly received by the addressee on the date and at the time of
delivery;
9.2.2. if posted by prepaid registered post be deemed to have been received by the addressee on the 8th (eighth) day
following the date of such posting;
9.2.3. if given by email be deemed to have been received within 1 (one) hour of transmission where it is transmitted
during normal business hours of the receiving instrument and within 4 (four) hours of the commencement of the
following business day if transmitted outside those business hours.
9.3. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a Party
shall be an adequate written notice or communication to it notwithstanding that it was sent via email and/or not sent to or
delivered at its chosen domicilium citandi et executandi.
10. GENERAL
This Agreement constitutes the sole record of the agreement between the Parties. Neither Party shall be bound by any
express or implied term, representation, warranty, promise or the like not recorded herein.
This Agreement supersedes and replaces all prior agreements, commitments, undertakings or representations, whether
oral or written, between the Parties in respect of the subject matter hereof.
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10.2. Amendments
No addition to, variation, or consensual cancellation of this Agreement shall be of any force or effect unless in writing and
signed by or on behalf of the parties.
10.3. Writing
All notices, consents, advice or other communication by either Party to the other of them, shall be in writing and signed by
the relevant party, and unless in writing and signed, shall be deemed not to have been given or made. For such purpose
“writing” shall be deemed to include telefacsimile and email communications.
Any reference herein to “signed” by a Party or Parties shall specifically exclude all forms of electronic signatures are
defined and/or envisaged in the Electronic Communications and Transactions Act 25/2002.
10.5. Waiver
No indulgence which Melrose Arch may grant to the Applicant shall constitute a waiver of any of the rights of Melrose Arch,
who shall not thereby be precluded from exercising any rights against the Applicant which may have arisen in the past or
which might arise in the future.
10.6. Consents/Approvals
Wherever any provision in this Agreement requires Melrose Arch's consent/approval, such consent shall only be valid and
binding on the Parties if it is obtained beforehand and is in writing, provided that Melrose Arch shall not be entitled to
unreasonably withhold its consent.
If there is a dispute between the Parties as to whether Melrose Arch has unreasonably withheld its consent in any case, the
onus shall be on the Applicant to prove that Melrose Arch has withheld its consent unreasonably.
10.7. Successors-in-title
Without prejudice to any other provision of this Agreement, any successor-in-title, including any executor, heir, liquidator,
judicial manager, curator or trustee, of either Party shall be bound by this Agreement.
This Agreement shall in all respects (including its existence, validity, interpretation, implementation, termination and
enforcement) be governed by the law of the Republic of South Africa which is applicable to agreements executed and
wholly performed within the Republic of South Africa.
10.9. Counterparts
The signature by either party of a counterpart of this Agreement shall be as effective as if that party had signed the same
document as the other party.
The Applicant hereby irrevocably consents and authorises Melrose Arch to, at all times during the currency of this
Agreement, store and process the personal and other information contained in this Agreement and/or contained in any
documentation provided by the Applicant from time to time, for purposes of (i) maintaining accurate records, and (ii)
communicating with the Applicant in relation to all matters pertaining to, arising out of in connection with this Agreement
and the Film Shoot and (iii) implementation of the Film Shoot;
The Applicant confirms that it has, to the extent necessary and/or as required by law, obtained the necessary consent
from each data subject whose personal information has been disclosed to provide his/her/their personal information as
part of this Agreement.
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ANNEXURE A
FILM SHOOT RULES
1. The Applicant shall be liable for all damage, loss, injury or death which is due to or (directly or indirectly) arises out of the
hosting and staging of the Film Shoot.
2. The Applicant its directors, servants, volunteers, employees, agents, representatives, delegates, contractors, sub-contractors,
invitees, guests or any other person shall not be permitted to approach shoppers, tenants, guests, customers or any other
person (“the Clientele”) beyond the demarcated boundaries of the Film Shoot Area.
3. The Applicant its directors, servants, affiliates, volunteers, employees, agents, representatives, delegates, contractors, sub-
contractors, invitees, guests or any other person shall not distribute pamphlets or flyers anywhere on the Precinct, at any
entrance, driveway or road leading to the Precinct or in the Precinct parking areas/basements.
4. The Applicant shall at all times be liable for the actions of its guests, invitees, customers, performers, caterers, staff,
employees or any other person whilst in the Film Shoot Area and Melrose Arch at all times reserves the right of admission to
the Precinct. No rowdy or intolerable behaviour shall be condoned and any person causing a nuisance or disturbance shall
immediately be ejected from the Precinct.
5. All storage or packing material must be removed from the Film Shoot Area or concealed from view. Melrose Arch is unable to
provide storage facilities.
6. The Applicant its directors, servants, volunteers, employees, agents, performers, representatives, delegates, contractors, sub-
contractors, invitees, guests or any other person associated with the hosting and staging of the Film Shoot shall be
appropriately attired and trained/skilled in customer care.
7. Melrose Arch shall not be liable for any loss or damage of whatsoever nature and howsoever caused to the Film Shoot
Apparatus or any other property of the Applicant (whether such property is owned or leased from a third party) and the
Applicant hereby assumes who assumes all risks associated therewith.
8. The Applicant, its directors, servants, volunteers, employees, agents, representatives, delegates, contractors, sub-
contractors, invitees, guests, performers or any other person shall exercise due regard for, and have minimum interference
with, the beneficial enjoyment of the Precinct by others and those in occupation thereof during the building, assembly and
erection of the Film Shoot and the conveyance, set up and take down of any Film Shoot Apparatus.
9. The Applicant its directors, servants, volunteers, employees, agents, representatives, delegates, contractors, sub-contractors,
invitees, guests performers, or any other person working or in any way involved with the Film Shoot are required to sign
indemnity forms and the written agreement on occupational health and safety concluded in accordance with the provisions of
section 37(2) of the Occupational Health and Safety Act 85 of 1993 (as amended from time to time) (“OHS Act”) and all work
undertaken must be compliant with the OHS Act and regulations promulgated thereunder.
10.1. keep the Film Shoot Area in a neat, clean, tidy and sanitary condition at all times;
10.2. not use the Film Shoot Area or allow it to be used, in whole or in part, for any purpose other than for the purposes of
the Film Shoot;
10.3. not bring in or onto the Film Shoot Area any article/object which, by reason of its weight or other characteristics, is
liable to cause damage to the Film Shoot Area;
10.4. not contravene any of the laws, rules or regulations affecting owners, tenants or occupiers of the Precinct or Film
Shoot Area;
10.5. not cause or commit any nuisance on the Precinct or cause any annoyance, disturbance or discomfort to tenants,
occupiers or the Clientele of the Precinct;
10.6. collect all refuse and litter each day of the Film Shoot and dispose of it in the bins or containers provided and under
no circumstances may the Applicant leave or permit to be left any refuse or litter in the Film Shoot Area or anywhere
else in the Precinct;
10.7. refrain from interfering with the electrical, plumbing and gas installations or any other system serving the Film Shoot
Area;
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10.8. not install, erect or place any Film Shoot Apparatus or any other advertising media outside the Film Shoot Area
without Melrose Arch's prior written approval provided that should the Applicant commit a breach of this provision,
Melrose Arch shall be entitled without prejudice to any of its other rights and without notice or order of court to
remove the offending matter;
10.9. not affix or paint any advertising sign, or install any aerial or other device, in or on any part of the Film Shoot Area or
the Precinct without the prior written approval of Melrose Arch and shall remove it and reinstate in good order and
condition the relevant part of the Film Shoot Area or Precinct as directed by Melrose Arch;
10.10. ensure that all loading, delivery and uploading of stock, goods, merchandise, supplies and fixtures to and from the
Film Shoot Area (and the conveyance of all Film Shoot Apparatus through the Precinct) shall be done only at such
times and areas and through the entrances designated for that purpose by Melrose Arch and shall be subject to such
reasonable rules and regulations as, in the discretion of Melrose Arch, are necessary for the proper administration of
the Film Shoot Area and the Precinct;
10.11. ensure that vehicles driven or used by the Applicant its directors, servants, volunteers, employees, agents,
representatives, delegates, contractors, sub-contractors, invitees, guests, performers, or any other person shall not
obstruct the free flow of traffic, the entrances or exits of the driveway(s) or the pedestrian entrances to the Precinct or
Film Shoot Area and that the Applicant its directors, servants, volunteers, employees, agents, representatives,
delegates, contractors, sub-contractors, invitees, guests, performers, or any other person refrain from parking in
reserved parking bays in the Precinct;
10.12. observe and comply with all reasonable rules and regulations imposed by Melrose Arch and the Melrose Arch
Property Owners Association from time to time in regard to the Applicant’s (including its directors, servants,
volunteers, employees, agents, representatives, delegates, contractors, sub-contractors, invitees, guests,
performers) or any other person’s use of the common areas, including the use of any parking bays;
10.13. ensure that all food and beverage caterers observe and comply with this Agreement and all the rules and regulations
contained herein especially regarding the loading, off-loading, delivery and conveyance of any equipment, supplies,
stock and goods which shall be done outside the normal trading hours of the Precinct and at the time, designated
area and in the discretion of Melrose Arch.
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