Intercollegiate Athletics Policy Manual

9.00 External Services and Communications

Appendix - Video Filming Permit

The University of Texas at Austin
Motion Picture, Television and Photography Permit

In consideration of payment of the fee hereinafter specified and Permittee’s observance of the terms of this Permit, The University of Texas at Austin (hereinafter “University”) hereby grants permission to use for the sole purposes stated herein certain buildings, structures, facilities and grounds (“Campus” or “University Campus”) to:

_________________________________________________________________
(hereinafter “Permittee”)

_________________________________________________________________
Address

_________________________________________________________________
Telephone Number/ E-Mail Address

Purpose:

Production of:

Location(s):

Date(s)/Time(s):

If because of illness of actors, director or other essential artists and crew, weather conditions, strike, defective film or equipment or any other occurrence beyond Permittee’s control, Permittee is unable to start work on the date designated above and/or work in progress is interrupted during use of the Property by Permittee, Permittee shall have the right to use the Property at a later date to be mutually agreed upon and/or to extend the period set forth in this Agreement.  As used herein, “strike” shall also include, at Permittee’s election, a labor dispute which Permittee reasonably believes is likely to result in an actual strike.

The following special restrictions/conditions apply: If applicable as determined by the University, Permittee agrees to coordinate its activities with University personnel including the Office of Public Affairs, the Development Office, Parking and Transportation Services, UT Police Department, Facilities Services, Division of Housing and Food Services, and safety officials, and will conduct its activities so as not to disrupt the normal activities of the University. Permittee agrees that Permittee will obtain releases from any person who is filmed and featured as part of the production while on University property.  Permittee shall comply with the applicable provisions of all state, federal and local laws and regulations.  Permittee agrees to conduct its activities upon the University Campus so as not to endanger any person lawfully thereon.  Should any patron or other person at the Campus interfere with Permittee’s permitted activities, Permittee agrees to work with University police or other University personnel to resolve the issue.  Under no circumstances will ultra hazardous activities be conducted on the University Campus.

Permittee, or a representative of Permittee, must have a signed copy of this "Motion Picture, Television and Photography Permit" in possession at all times while filming on University property and shall present this document immediately upon request by a representative of the University's Office of Public Affairs, Police Department, Office of the Vice President for Student Affairs, Office of Institutional Relations and Legal Affairs, Office of the Vice President and Chief Financial Officer or Office of the President.

It is expressly understood and agreed that University, by allowing the filming of this film production on University property, is not obligated or expected to provide the use of University property for future film productions.

Except with respect to matters arising out of University’s breach of this Agreement, or gross negligence and/or willful misconduct of the University, Permittee agrees to indemnify and hold harmless the University and its officers, agents, and employees from all expenses, costs and liability that result directly or indirectly from third-party claims, causes of action, or judgments for libel, slander, copyright infringement, plagiarism, or misappropriation of rights; from any other liabilities which may arise from the filming, distributing, showing or broadcasting of the photographic products obtained from the exercise of the permission herein granted; from the condition and operation of Permittee’s equipment; and from injury or death of a person or damage to property that arise directly or indirectly from the negligent or intentional acts of omissions of Permittee or any officer, agent, employee, or subcontractor of Permittee. 

Permittee shall provide University, prior to the Commencement Date, with evidence of the following coverage in force:

• Commercial liability insurance in an amount no less than Two Million Dollars ($2,000,000.00) per occurrence, $1,000,000 in the aggregate as respects products and completed operations liability, $1,000,000 per occurrence as respects personal and advertising injury liability, Two Million ($2,000,000) in the aggregate.  Coverage should be submitted with admitted carrier with companies acceptable to The University of Texas at Austin.
• Two Million Dollars ($2,000,000) Primary Occurrence limit may be met with an umbrella of not less than One Million Dollars ($1,000,000) per occurrence limit.
• Business Auto Liability Insurance:  Combined Single Limit of $1,000,000.  Such insurance shall cover liability arising out of any auto including, owned, hired, and non-owned autos.
• The insurance policies required above shall name the Board of Regents of the University of Texas System and The University of Texas at Austin as Additional Insured as required by contract, and underwriters agree to waive their rights of subrogation, if any, against The Board of Regents of the University of Texas System and The University of Texas at Austin and their insurers.
• Thirty (30) days notice of cancellation of or material change in the above described insurance must be given to the Board of Regents of the University of Texas System and The University of Texas at Austin. 

All rights of every kind in and to all photographs and sound recordings made hereunder (including, but not limited to, the right to exhibit any and all scenes photographed or recorded at the University throughout the world in perpetuity) shall be and remain vested in Permittee, its successors, assigns and licensees, and neither The University nor any party claiming an interest in the property, shall have any right of action against Permittee or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory, untrue, or censurable.  All rights of any kind in and to all the photographs, motion picture films, videodiscs, videotapes or recordings obtained from the exercise of the permission herein granted (and any negatives, prints, copies, or duplicates thereof in any form and in any medium) shall remain vested in Permittee, its successors and assigns, and shall be used only in connection with the above specified production.

In no event shall University be entitled to enjoin or restrain the production, distribution, advertising or exploitation of the film, or any parts or elements thereof.  Subject to the foregoing, University retains its rights to recover damages for any material breach of this Agreement by Permittee.

University will use its best efforts to provide access and space in and adjacent to the designated buildings, structures, facilities, grounds for equipment and personnel reasonably necessary in connection with production of the film.

Permittee shall pay a Permit fee for the use of specified areas and facilities of $_______ and estimated direct labor charges of $ __________.  A deposit of $_______ for the location fee and services provided on Campus properties must be presented to University a minimum of forty-eight (48) hours prior to filming and/or load in.  It is mutually agreed that these services shall include but not be limited to the following:

• Police: _________________; Facilities Services and Utilities: ____________________;
• Parking: ________________; Fire & Safety: ______________________.

Permittee agrees to pay all direct labor charges in excess of the above estimate, and any additional expenses incurred by University as a result of Permittee’s exercise of this Permit.  Such payment will be presented to University within thirty (30) days of receipt of invoice.

Permittee shall not trim or cut trees or bushes or in any way alter, deface or mar Campus properties.  Permittee agrees to leave the Campus properties in as good order and condition as that existing at the time of Permittee’s initial entry upon the University Campus under this Permit, reasonable wear and tear excepted.

It is expressly understood and agreed that University grants to Permittee the right to use the University’s name, insignia, logos or marks only in connection with this film production. Permittee shall not use or authorize the use of these images and materials, nor parts of these images and materials, to make another program or for any other purpose, and may not sell these images and materials for any other purpose, without obtaining special advance written permission from the University.

University and Permittee have caused this Permit to be executed by their authorized representatives effective as of the date executed by both parties.

The University of Texas at Austin         _________________________________ 

                                                                           
Don Hale                                                           
Vice President for Public Affairs                     
                                                                       
Date: _____________________________      Date:                             

 

 

last updated: February 11, 2009