1. The following terms outline the terms and conditions upon which Absolute India Locations agree to contract with the Owner to make the Property available to hire to Clients on the Standard Terms, and upon which Absolute India Locations shall provide agency services to the Owner.
2. Absolute India Locations is under no obligation to hire out the Property but if Absolute India Locations does hire out the Property any ensuing Contract shall be subject to the terms of this agreement.
3. Although the Property may be a residential address, the Owner enters into this agreement and any Contract as a business venture.
4. The following terms have the following meanings in this agreement :
"Client" means the persons or companies to whom Absolute India Locations may offer the Property on their Standard Terms.
"Contract" means a contract for the hire of the Property made subject to the terms and conditions of this agreement.
"Owner" means the owner of the Property as set out in the Registration Form.
"Property" means the property the Owner wishes to register with Absolute India Locations as detailed in the Registration Form.
"Registration Form" means the form to which this agreement is appended the terms of which are incorporated into this agreement.
"Standard Terms" means the standard terms and conditions Absolute India Locations use to hire out the Property to Clients (a copy of which is available on request).
1. If a Client expresses an interest in hiring the Property Absolute India Locations shall notify the Owner of such an interest to check availability.
2. A Client may wish to inspect the Property prior to proceeding to a booking, in which case the Owner must make the Property reasonably available for such an inspection upon reasonable notice.
3. If the Owner can make the Property available to the extent required to satisfy the Client’s needs Absolute India Locations shall send the Owner a written note of the requirements (a “Booking Form”) which the Owner can accept. A Booking Form shall be open for acceptance for such a period of time as may be notified by the Absolute India Locations on a case by case basis. This Booking Form shall be deemed an offer.
4. If the Owner accepts the Booking Form it must correspond in writing with Absolute India Locations in the manner set out in the Booking Form to communicate its acceptance. Once Absolute India Locations receive this notification a Contract is formed, and the Owner must then ensure that the Property is made available on the terms set out subject to the other relevant terms of this agreement.
5. The Owner acknowledges that once a contract is formed Absolute India Locations and its Client will start incurring cost and expense in reliance upon the availability of the Property on the terms of the Contract.
6. Any terms set out in the Booking Form that contradict the terms of this agreement shall take precedence over the terms of this agreement.
1. By completing the Registration Form the Owner agrees:
that it is the owner of the Property and has full power and authority to enter into any agreement pursuant to these terms;
to do all things reasonably within its control to enable the Client to use the Property in accordance with the terms of the Standard Terms;
to make reasonable efforts to ensure that the Property is available for marketing to Clients at all reasonable times; and
that it will give Absolute India Locations not less than 2 months written notice of any protracted periods during which the Property will be unavailable (save in respect of emergency unavailability).
2. The Owner shall not enter into any agreements with the Client which would contradict the Standard Terms and shall not enter into any arrangement with the Client directly relating to the use of the Property within 24 months of the date upon which a Contract is entered into.
3. The Owner shall make reasonable use of electricity and toilet facilities available to the Client during the term of a Contract.
4. The Owner understands that the Client may need to return to the Property after the Contract has ended and the Owner shall co-operate fully with Absolute India Locations and the Client to facilitate such a return.
5. The Owner shall immediately notify Absolute India Locations of any structural or decorative alterations they make to the Property after the date of completing the Registration Form and provide any updated pictures.
Absolute India Locations’ Obligations
1. In consideration for entering into a Contract Absolute India Locations will arrange for payment to the Owner in accordance with the Booking Form.
2. If the Owner withdraws the Property from a Contract Absolute India Locations may find an alternative property and any reasonable costs incurred by Absolute India Locations in having done so will be charged to the Owner.
1. It is the Owner’s responsibility to ensure that the Property is maintained to a standard materially similar to that which it represented the standard to be when it completed the Registration Form.
2. The Owner must ensure that all valuables are stored safely, out of sight and that no breakables are left on display in the area in which the Client operates. Absolute India Locations will not be responsible for any loss or damage to the Owner’s personal possessions as Absolute India Locations will rarely (if ever) be at the Property during the term.
1. Any images (whether still or cinematic) made of the Property shall belong to the Client, and the Owner acknowledges that the copyright and other moral rights in any such images belongs to the Client.
2. Absolute India Locations may request the Owner’s consent to any minor alterations to the Property as the Client may reasonably require. If the Owner agrees to any such alterations Absolute India Locations shall ensure that such alterations are materially reversed by the Client such that the Property is left in the same condition as it was in at the start of the Contract.
3. If the Owner believes there to have been any damage caused to their Property by the Client during the course of a Contract it must notify such damage to Absolute India Locations within 48 hours of the end of a Contract.
4. If the property gets damage during the filming process. Absolute India Locations will make the market assessment damage report and accordingly repairs will be concluded to the owner’s satisfaction.
5. Nothing in this agreement excludes or limits Absolute India Locations’ liability for death or personal injury caused by Absolute India Locations’ negligence.
1. Absolute India Locations shall pay the Owner in accordance with the charges as set out in the Booking Form or as otherwise agreed in the Contract.
2. If the Owner is registered for Service Tax it shall notify the same to Absolute India Locations and be entitled to charge Service Tax on the charges subject to the production of a valid Service Tax invoice.
3. Absolute India Locations shall pay the Owner an advance payment on confirmation of the location for filming and will clear the balance payment of the total contract within 7 working days after the filming / project is completed.
4. Payments and other banking transactions will be done with bank account information provided by the owners and clients respectively.
5. Absolute India Locations may offset any money owed to it by the Owner and Client against any money owed to the Owner by Absolute India Locations.
Termination policy applicable to Owner and Client respectively
1. Each Contract and this agreement itself are separate contracts. Each is terminable by Absolute India Locations immediately upon Absolute India Locations serving notice on the Owner. For the avoidance of doubt any liabilities incurred prior to such termination shall survive such termination.
2. A Contract will cease immediately if this agreement has been terminated.
3. Absolute India Locations may terminate a Contract if:
the Property should prove unsatisfactory to the Client for any justifiable reason; or
if the Owner / Client seriously or repeatedly breaches the terms of this agreement or the Owner becomes insolvent, bankrupt, makes an agreement with its creditors or threatens to do any of the same.
This agreement shall automatically terminate if the Owner sells or otherwise parts with possession of the Property, and the Owner must give notice of the same to Absolute India Locations