| Terms and Conditions | https://www.investinphoenix.com/industries/film/film-digital-permit/terms-and-conditions | Terms and Conditions | Review the Terms and Conditions. | <div class="ExternalClass532C3CB031A64CF0B955DFAE2765D0FE"><p><strong>Phoenix Film and Digital Media Permit: TERMS AND CONDITIONS</strong></p><h2>1. SCOPE AND EFFECT<br></h2><p>The Phoenix Film and Digital Media Permit (“Permit") is issued to authorize Permittee and its production personnel and equipment to enter upon and to photograph and record images of property owned by the City of Phoenix (“City"), including streets and sidewalks, to take photographs or to film in connection with the productions described in Permittee's application, in the Permit approved by the Phoenix Film Office, and in this Permit, in accordance with the terms and conditions stated herein. The Permit also serves as a Location Release, granting Permittee, its assigns, agents, licensees, affiliates, clients, principals, and representatives, the absolute right and permission to copyright, use, exhibit, display, print, reproduce, televise, broadcast and distribute, in whole or in part, through any means, worldwide, in perpetuity, and for any lawful purpose, the photographic images and scenes recorded by Permittee in accordance with the Permit approved by the Phoenix Film Office; provided, however, that this permission does not include the right to film or use official City logos or other images protected by copyright or other applicable law. This Permit and Location Release only includes the rights of the City, and does not encompass the rights of any other person or entity, including City employees. Permittee is responsible for securing any rights beyond those granted by the Permit at Permittee's sole cost and expense.</p><h2>2. LIMITATIONS AND EXCLUSIONS<br></h2><p>This Permit does not authorize Permittee to: (a) enter upon any privately owned property or to photograph private property or individuals; (b) use, depict or display City logos or other intellectual property; or (c) violate any City ordinance or other applicable law. The City reserves the right to include a list of conditions (individually a “Special Condition" and collectively the “Special Conditions") that grant Permittee any rights or impose obligations on Permittee within the Permit. These Special Conditions may include, but are not necessarily limited to, (d) obtaining additional permits, contracts, and/or permissions (“Additional Requirements"). Permittee must satisfy the Additional Requirements as part of obtaining the Permit, and such Additional Requirements will be required for, but not necessarily limited to, (d) activities that disrupt traffic on City streets; (e) use of City personnel or equipment; (f) use of City facilities that are revenue producing; (g) use of City facilities that have posted rental fees; or (h) use of City facilities that are subject to special security requirements, such as Municipal Airports. Additional Requirements may also include, but are not limited to, Permittee obtaining additional insurance coverages and maintaining compliance with security and other operational guidelines. </p><h2>3. APPROVAL OF LOCATION AND PERMIT<br></h2><p>An application will be submitted for review to the Phoenix Film Office at <a href="/industries/film">https://www.investinphoenix.com/industries/film</a>. In addition to the information required in the Permit, Phoenix Film Office staff may request additional documentation, including, but not limited to, copies of scripts and any graphic material describing the production, prior to granting a Permit. Permittee shall confine its activities, locations, and time schedules described in the approved Permit and shall make arrangements through the Phoenix Film Office for any traffic control requested by the City, with such traffic control requiring approval from the Phoenix Police Department and/or Phoenix Streets Department prior to any filming on City streets. Permittee may also be required by the Special Conditions to obtain additional approval from other City departments depending on the specific requirements of the filming requests within the Permit. The Permit is subject to immediate revocation should Permit engage in any filming activities which required approval but which Permittee failed to obtain. Permittee shall take all reasonable and necessary precautions to avoid injury to persons or property, to avoid disturbing the peace and tranquility of persons residing or working in the vicinity of the production, and to minimize the impacts of Permittee's activities on third parties. Before filming in residential neighborhoods or private commercial developments Permittee may be required to obtain a special addendum to the Permit which will be conditioned upon evidence satisfactory to the Phoenix Film Office which establishes that Permittee has notified and obtained consent from homeowners or commercial property owners reasonably likely to be affected by Permittee's activities. </p><h2>4. REPRESENTATIONS<br></h2><p>This Permit is issued in reliance upon the representations made by Permittee in its application. This Permit may be revoked, and future permits refused, if Permittee has made any material misrepresentation to the City in connection with this Permit.</p><h2>5. AMENDMENTS AND EXTENSIONS <br></h2><p>This permit may be amended to include additional productions, add special conditions, or provide for permit extensions, by written agreement signed by the City Manager or his designee.</p><h2>6. ASSIGNMENT <br></h2><p>The rights granted by the Permit may not be assigned without City's prior written consent.</p><h2>7. COMPLIANCE WITH LAWS AND DIRECTIONS </h2><p>Permittee shall obey all applicable laws, including, but not limited to, City Ordinances, and shall comply with rules and guidance provided by the Phoenix Film Office pertaining to Permittee's activities, including, but no limited to, the use of City property, the location and storage of vehicles and equipment, crowd control, and the restoration of premises to their original condition after use for filming purposes. Issuance of this Permit shall not be construed as satisfying or relieving Permittee of the duty to comply with other applicable laws, including any law requiring permits or authorizations.</p><h2>8. USE OF CITY NAME OR LOGO<br></h2><p>Permittee acknowledges that all right, title, and interest in trademark or copywritten materials owned by the City remain in the City's sole possession and Permittee is prohibited from using any such intellectual property of the City unless written approval is granted by the Phoenix Film Office Program Manager. This includes, but is not limited to the City of Phoenix bird logo or any derivation thereof, the Phoenix Sky Harbor logo and corresponding trademark phrases, and any other intellectual property protected by municipal, state, or federal law. Failure to comply with this section will result in the immediate revocation of the Permit and can result in refusal for future Permits at the Phoenix Film Office Program Manager's discretion. </p><h2>9. INDEMNIFICATION</h2><p>Permittee shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Permittee or any of its owners, officers, directors, agents, employees, contractors or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Permittee from and against any and all claims. Permittee will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this Permit, Permittee agrees to waive all rights of subrogation against City, its officers, officials, agents and employees for losses arising from the activities authorized by or on behalf of Permitee. </p><h2>10. LIABILITY INSURANCE<br></h2><p>Without limiting the indemnity provision above, Permittee shall procure and maintain insurance against claims for injury to persons or damage to property which may arise from or in connection with the activities authorized by this Permit in the amounts and form set forth in the Required Insurance description of the Permit. Permittee will furnish City with a Certificate of Liability Insurance acceptable to City's Legal Department, which names the City, its officials, employees and agents, as additional insureds, and may not be cancelled or substantially modified without 10 days written notice to City's Film Office.</p><h2>11. RELATIONSHIP OF PARTIES</h2><p><strong></strong>Permittee, its owners, officers, directors, agents, employees, servants, contractors, subcontractors, or helpers shall not be or deemed to be the employee, agent, or servant of the City. None of the benefits provided by the City to its employees, including, but not limited to, medical insurance, compensation insurance, and unemployment insurance are available to Permittee or its employees, agents, servants, or helpers, including any off-duty City personnel while employed by Permittee.</p><h2>12. APPLICABLE LAW, JURISDICTION, LOCAL AGENT <br></h2><p>This Permit is governed by Arizona law. Permittee hereby designates the Local Agent identified in this Permit as the duly authorized agent of Permittee having authority to represent Permittee in all matters relating to this Permit, and who shall be responsible for compliance with the Permit conditions. Permittee hereby consents to service of process upon said Local Agent, and submits to the jurisdiction of the Superior Court of the State of Arizona in and for the County of Maricopa or, if such court lacks subject matter jurisdiction, the United States District Court for the District of Arizona, and to all appropriate appellate courts. Permittee consents to the exercise of personal jurisdiction over Permittee by such courts, and waives and relinquishes any claim that venue in such courts is not proper or convenient.</p><h2>13. CITY PERSONNEL<br></h2><p>Should Permittee request, and the Phoenix Film Office Program Manger approves, the need for Permittee to utilize City equipment or to employ City personnel, the Phoenix Film Office will coordinate fulfilling that request. Although this section uses the term City personnel, the City and Permittee acknowledge that such term is only used to identify the pool from which Permittee is temporarily hiring employees or contractors. Permittee expressly acknowledges that during any period for which Permittee employs OFF-DUTY full-time City personnel in connection with a production authorized by this Permit, the off-duty personnel shall be the employee or contractor of Permittee, and shall not act or be deemed to be acting as employees or agents of City unless the personnel is a badged or uniformed member of the Phoenix Police or Fire Departments providing City-required services for the protection of public health and safety. During any period for which Permittee employs ON-DUTY full-time City personnel in connection with a production authorized by this Permit, the Permittee shall reimburse the City of Phoenix at the rate provided by the Phoenix Film Office. Permittee agrees to pay all on-duty and off-duty City personnel for a minimum of four (4) hours per day or the total hours indicated on the permit, whichever is greater, at the City personnel's established rates at the end of each shooting day. If OFF-DUTY full-time personnel are placed on payroll or paid through invoice, or payment is not provided at the end of the day, payment must be received within 2 weeks of the last day of the City personnel's employment with Permittee if the City personnel will be on the Permittee's payroll. If Permittee fails to pay such City personnel within 2 weeks, Permittee agrees to pay OFF-DUTY personnel, in addition to the wages due, liquidated damages equal to thirty percent (30%) of the wages payable for each month or portion of a month that the payment is delinquent. Once arrangements are made for off-duty personnel, Permittee is responsible for all City personnel wages unless canceled at least 24 hours before the scheduled call time during regular business hours (Monday–Friday, 08:00–16:00, excluding holidays). Cancellations made outside of business hours will not be accepted for same-day credit, and no changes to scheduled times will be accepted within 24 business hours of the first permitted time.</p><h2>14. REIMBURSEMENT OF CITY COSTS</h2><p>Permittee shall reimburse City for the use of City equipment, any costs incurred by City for ON-DUTY municipal employees deployed in connection with filming activities, and any other extraordinary costs incurred by City in connection with the permitted activities. A schedule of expected costs shall be prepared by Phoenix Film Office after review and approval of the application.</p><h2>15. PAYMENT AND PERFORMANCE BOND<br></h2><p>Upon approval of the application by Phoenix Film Office, and as a condition of this Permit, Permittee may be required to post a payment and performance bond, in form and substance satisfactory to Phoenix Film Office, in the amount estimated by Phoenix Film Office to be sufficient to assure payment and performance of Permittee's obligation to reimburse City's costs, pay any other charges associated with this Permit, and to pay any required on-duty personnel. The payment and performance bond required under this provision must be paid to the Phoenix Film Office via credit card.</p><h2>16. REVOCATION OR TERMINATION</h2><p>This Permit may be revoked by the City Manager or his designee for cause, including breach of any term or condition or misrepresentation by the Permittee.</p><h2>17. OPERATION OF MODEL OR UNMANNED AIRCRAFT</h2><p>Permittee shall comply with all city, county, state and federal regulations including federal aviation administration regulations that govern the operation of model or unmanned aircraft (aka “drones") when performing work authorized under this Permit. If Permittee fails to obtain all federal aviation administration required approvals, authorizations and/or waivers prior to filming, Permittee shall be prohibited from using a model or unmanned aircraft in connection with this Permit. </p><p> </p><h2><br></h2></div> | /images/2168w_edit.jpg | /images/2168.jpg | terms-and-conditions | Terms and Conditions | Film ＆ Digital Permit | industries/film/film-digital-permit/terms-and-conditions |
