“Applicant” means the person described as such in the Filming Permit.
“Application” means the document attached here to with the heading “Application for Filming Permit Sydney Aquatic and Athletic Centres”.
“Authorised Officer” means the Officer of the Sydney Olympic Park Aquatic and Athletic Centres who is empowered to sign the Filming Permit. Authority” means either:
a). a department, instrumentally or statutory corporation of the Government of New South Wales; or
b). a Council within the meaning of the Local Government Act 1919;
c). the Owner or person in lawful position of the location or location service which has issued the Filming Permit.
“Authority Delegate” means the person or persons delegated by the Authority in writing with all or any of the Authority’s powers, to act as primary contacts with the Film Crew during the filming.
“Claims” means without limiting the generality thereof actions, claims, demands, proceedings, losses, damages, compensation, costs (including solicitor and client costs and costs between party and party), charges and expenses.
“Conditions” means the Conditions of Permission.
“Dangerous Substances and Articles” means without limiting the generality of the term, any plant, furnishings, equipment, substances, or appliances which by virtue of their weight, nature, size or inherent vice or inadequacy of design will cause a fire hazard, excessive vibration or noise, an explosion, structural or other damage to floors, walls, or furnishings at the Location.
“Film Crew” means the Applicant’s servants actor agents and contractors and sub-contractors or any other person on the Location by the invitation or at the benet (wether tacit or otherwise) of the Applicant or such servant, agent, contractor or sub-contractor as aforesaid.
“The Filming” means the entry use or physical presence upon the Location of the Applicant or the Filming Crew pursuant to the Filming Permit for the purpose of recording scenes in the preparation of film or video production.
“Person” includes the Corporation and vice versa.
“Recommended Film Industry Safety Code” means the recognised film industry procedures for safety and hazard management. Parties to the Code are the Screen Producers Association of Australia, Actors Equity and Australian Theatrical and Amusement Employees Association, which are the employer and employee unions and associations for the Australian Film Industry.
If any term, covenant or condition of these Conditions or the application thereof to any person or circumstances becomes in valid or unenforceable the remaining terms, covenant and conditions shall not be affected thereby and such terms, covenants and conditions of these Conditions shall be valid and enforceable to the fullest extent permitted by law.
These conditions shall be deemed, construed or interpreted to generate any relationship of employer and employee, principal and agent or partnership between the Applicant and the Authority.
These conditions set forth the entire agreement between the Applicant and the Authority and no external document or oral statement shall be admitted in evidence to amend, alter or vary them.
Where two or more persons are applicants these Conditions shall bind them jointly and severely.
Warranties – The applicant to the Authority that all information provided in the Application is true and correct in every particular and no material or relevant information has been omitted from the Applicant.
Representative to be present – the authority shall be entitled to have the Authorised Officer or the Authority’s Delegate present at all stages during the filming and the Applicant shall obey and cause to be obeyed by the Film Crew all reasonable directions given by the Authorised Officer or the Authority’s Delegate.
Information to be conveyed – The applicant shall not portray in the film or video production the Authority as endorsing or appointing any production or service or any views, opinions, attitudes or ideas suggested, conveyed advertised, canvassed, depicted or otherwise expressed, without prior written consent of the Authority.
The applicant shall, if requested by the authority, acknowledge the assistance of the Authority in producing the film or video by the usual method of end credits, or as mutually agreed.
Release – The Applicant acknowledges that it conducts the Filming entirely at its own risk and hereby releases to the fullest extent permitting by law the Authority and its servants, agents and contractors in the absence of any wilful default on their part from all Claims of every kind resulting from accident, damage, death or injury occurring at the Location to any person or property.
Indemnity – The Applicant hereby indemnifies the Authority against all Claims for which the Authority may become liable in respect of loss, damage, accident or injury to property or person caused or contributed to by the Filming or any act, failure to act of the Applicant or the Film Crew or the Applicant’s failure to comply with its obligations under these Conditions.
Insurance – The Applicant undertakes to maintain with a reputable insurer Public Liability Insurance cover of AU$5,000,000 (or such greater amount as the Authority may reasonably require) in any single claim and to produce certificate of proof of such cover for inspection by the authority when reasonably requested.
Dangerous Substances or Articles – The Applicant shall not without permission within the Film Permit bring on the Location any dangerous substances or articles which have not been listed as such on the Application. The Applicant shall provide evidence of competence and work safely, as required by the Recommended Film Industry Safety Code.
Applicant’s Use of Location – the applicant shall not use or permit to be used any fittings, plumbing facilities or equipment in the Location for any purpose other than those for which they were constructed. The Applicant shall not permit to be caused any wilful, serious or irreparable damage or alterations to the floors, walls, furnishings, furniture, fixtures, fittings, partitions, floor coverings, hangings, plants, equipment or stationery in or about the Location, without the expressed prior written permission of the Authority. The Applicant shall not do or permit to be done or omitted any act in, upon or about the Location which may be or grow to the annoyance, nuisance, grievance or disturbance of the Authority, any other persons lawfully present or occupiers or owners of any adjacent premises.
The Applicant shall:
Repair all damage at the Location for which the Applicant has been responsible.
Remove all of its personal property and any rubbish or waste material resulting from the Applicant’s use of the Location.
Restore the Location to the condition it was in before Filming.
Recoverable Expenses – All fees, bonds and servicing charges as acted in the Filming Permit are payable as and where stated in the Filming Permit. All other expenses or outgoings to which the Authority may be subject or which it may reasonably incur as a result of the Filming or its need to supervise the Filming or otherwise exercise are recoverable expenses, payable within 14 days or written notice from the Authority. The Authority may deduct the amount of any recoverable expenses from any bond paid to it after reasonable consultation with the Applicant. The Authority undertakes to refund any bond furnished by the applicant less any deductions made in accordance with the Condition.
Service of Notice – Any notice required to be given by a party hereto shall be sufficiently given if reduced to writing and signed by or on behalf of the applicants representative or Authorised Officer of the party giving notice and if served personally or sent by post or facsimile to addressed and facsimile numbers shown in the Filming Permit.
Applicant Entitlements – Subject to these conditions the Sydney Aquatic and Athletic Centres hereby licences, authorises and permits the Applicant to conduct the Filming, enter the Location for this purpose with all necessary equipment, exhibit or release the resulting film or video production through the entire world, and represent the Location under any other name whether real or fictional according the requirements of the film or video production provided that this is not done with any fraudulent intent. The Authority acknowledges that it has no interest in the film or video production by means of the filming and concedes all rights therein. The Authority will not unreasonably refuse refund of fees paid in advance where cancellation or rescheduling of the Location requires withdrawal of the Application.
The Authority reserves the right to impose further Special Conditions to the granting by it of a Filming Permit and Special Conditions to be specified in Schedule “A” to the Filming Permit.