FILMING & PHOTOGRAPHY AT GARDENS BY THE BAY

Transcription

1 FILMING & PHOTOGRAPHY AT GARDENS BY THE BAY TERMS & CONDITIONS GENERAL: Charges apply for commercial filming/photography at Gardens by the Bay, Bay South. Rates range from $1,500 to $7,500 per hour, varying with location preferred. Gardens by the Bay shall not provide manpower to the applicant for this purpose. Strictly no commercial filming and/or photography are allowed in the Flower Dome, Cloud Forest and OCBC Skyway (collectively referred to as the Restricted Areas ). The applicant shall apply to Gardens by the Bay in writing for permission to film and/or take photographs in Bay South, including Restricted Areas, fourteen (14) days prior to the date of the filming and/or photo-taking. GB s decision on the application shall be final and conclusive. The use of remote-controlled aerial cameras, planes, helicopters, drones and other similar devices are not allowed in the Gardens. Liability of the applicant: The applicant shall be liable for all damage (including accidental damage) to the Gardens and any adjacent premises and to any grass, plants, trees, soil, pavement, concrete, pathway, fittings, equipment or other property in the Gardens and such adjacent premises, occurring during its use of the Gardens or while setting up or tearing down or while persons are entering or leaving the Gardens pursuant to the applicant s or the Performer s activity, however and by whomsoever caused. The applicant uses the Gardens at its own risk. Gardens by the Bay and its related companies, and their respective officers, directors, employees, agents, independent contractors, successors, and assigns (the Indemnitees ) shall not be liable to the applicant for any damage, loss, expenses or injury (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any access, use or inability to use the Gardens, the applicant or the Performer s activities or their officers, directors, employees, agents or independent contractors (the Applicant Personnel ), even if the Indemnitees may have been advised of, or otherwise might have anticipated, the possibility of the same. Without prejudice to any of the above, Gardens by the Bay s aggregate liability the applicant for any loss or damage relating to or arising from or in connection with this agreement for any losses, howsoever caused, in contract, equity, tort, negligence or otherwise, will not exceed the fees paid by the applicant for use of the Gardens, in respect of any and all claims under this Initials Page 1 of 6

2 agreement. Indemnity: The applicant agrees to indemnify, defend and hold harmless each Indemnitee from and against all claims, proceedings, settlement sums, costs, losses, expenses, damages and other liabilities (including loss of or damage to any property or injury to or death of any person or any legal fees and expenses on a solicitor-client basis), which are or which may be sustained, instituted, made or alleged against, suffered or incurred by any of the Indemnitees, and which may arise out of or in connection with any of the following: o any statement, act, fraud, neglect, omission or default whatsoever of any Applicant Personnel; o all claims in respect of any infringement of copyright or other intellectual property, or the performance or creation of any work or works or exhibition that brings Gardens by the Bay into disrepute; o any accident, damage or injury to property in the Gardens or the grounds of the Gardens and any accident, death, damage or injury to any person or to the property of any person in or about the Gardens arising by reason of or in relation to or in connection with the applicant s activity or any act or omission or negligence of any Applicant Personnel; o any occurrences in the Gardens or the use or occupation of the Gardens by any Applicant Personnel; o any claims against any Indemnitee by any third party (including any Performer) in relation to the above. The applicant shall at its own cost and expense maintain and/or cause to be maintained insurance policies on with an insurance company duly licensed in Singapore or an international insurance company acceptable to Gardens by the Bay and the policies must provide for general public liability in respect of any one occurrence, providing coverage against claims for bodily injury, death, property damage or loss occurring in or upon or resulting from the applicant s activities in the Gardens. Activities relating to religion, politics or any topic which Gardens by the Bay deemed sensitive are not allowed. FILMING / PHOTOGRAPHY: At the end of its activities, the applicant shall reinstate the Gardens and all equipment & facilities from Gardens by the Bay to their original state and condition as at the state and condition prior to the applicant s activities, repair and clean such parts of the Gardens Initials Page 2 of 6

3 (including Gardens by the Bay s installations in it) to the satisfaction of the Gardens. If the applicant fails to complete any of the above, Gardens by the Bay shall at any time thereafter be entitled to do all other things necessary to restore such parts of the Gardens to its original condition at the sole costs and expense of the applicant, who shall pay such costs to Gardens by the Bay within seven (7) days from the date of being so notified. If you intend to interact with the public, please consult us beforehand, and if agreement is given, please ensure that consent is sought from the public. Noise should be minimised. The use of sound systems and amplifiers are not permitted. Use of motor vehicles (including motor or micro-scooters), and other forms of wheeled modes of transportation are not permitted. Do not disturb other visitors and/or obstruct any path or access at all times. Usage of power points found around the Garden are not permitted. Do not block off any area (e.g. toilet, shelter, pathway) within the Gardens for your exclusive use. Please keep unnecessary items/ equipment in your vehicles. No setting up of tents, umbrellas, shelters, chairs, benches, buffet lines for casts/ talent or crews. No set-up of props, background, decoration or any alteration to the Gardens lawns, trees, plants or structures. No using of small props or scenes that go against or challenge the Gardens rules including: o Swimming, fishing, boating, cycling, roller skating/ blading, driving, posing with props that suggested the activity even though the talent/ cast is not doing it (e.g. posing on a bicycle or posing with swimsuit). o Any scene/s deemed not suitable by the Gardens. The material filmed, photographed or recorded will not be used in any manner which will bring Gardens by the Bay into disrepute or which is defamatory to Gardens by the Bay. The applicant will include full on-screen accreditation of Gardens by the Bay in each television broadcast and cable transmission of material filmed or recorded in the Gardens, and include in each sound broadcast of such material, a statement that the material was recorded in the Gardens. The applicant shall also provide Gardens by the Bay, without cost, a copy of the final and complete version of the programme containing the material filmed or recorded at the Gardens. Initials Page 3 of 6

4 General: This agreement shall constitute the entire agreement between the Parties relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements of the Parties with respect to the subject matter hereof. Gardens by the Bay may seek immediate injunctive relief if it makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy. A failure by Gardens by the Bay to exercise or enforce any rights conferred upon it by this agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times. A person or entity who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce any term of this agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. This agreement shall be governed by, and construed in accordance with, the laws of Singapore. Notwithstanding any provisions to the contrary in this agreement, any dispute between the parties arising out of or relating to or in connection with this agreement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in the English language at the Singapore International Arbitration Centre ( SIAC ) or at such other venue in Singapore as the Parties may agree in writing in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ( SIAC Rules ) for the time being in force which rules are deemed to be incorporated by reference into this provision. The Parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential. Appointment of arbitrator o Parties hereby agree that subject to the SIAC Rules: The arbitral tribunal shall consist of one arbitrator to be agreed upon between the parties. Either party may propose to the other the name or names of one or more persons, one of whom would serve as the arbitrator. o The term dispute in agreement includes any difference, disagreement, controversy and/or claim. Initials Page 4 of 6

5 1. I certify that I have read, and will abide by, all the terms and conditions. 2. I understand that Gardens by the Bay has the right to stop filming / photography immediately at their discretion if the terms and conditions are deemed to be transgressed. Agreed by: (the applicant ) Company name: Company Registration number: Date: Signature & Company stamp: Page 5 of 6

6 DETAILS Specific Location(s) within Gardens by the Bay: From (date and time): To (date and time): Summary of the scene(s) / photography which will take place in Gardens by the Bay: Programme / Publication: Broadcast / Publication Date: No. of people involved (including talents, cast, and crew) Details of all talents and cast (Individually and collectively, "the Performer" which term shall include the employees, agents, promoters, managers and assigns of the Performer. Full list of equipment: Additional information not otherwise stated: CONTACT PERSON DURING ACTUAL FILMING / PHOTOGRAPHY: Name Organisation/ Company Contact I verify that the information provided in this form is true and accurate. Agreed by: Approved by: Signature, Date & Company stamp _ DCEO / COO- Gardens by the Bay Page 6 of 6