Note: The following general terms are provided for information only. If your application is successful, a Filming Access Deed (which will include further details), will be provided for you to sign.
1.1. The following definitions apply in this deed:
Access Period means the period specified in Item 3;
Airport means the airport at Tullamarine, Melbourne, Victoria;
Airport Security Requirements means those requirements established from time to time by APAM in relation to the security and safety of the Airport including, without limitation, requirements in relation to:
- emergency procedures;
- staff security clearances;
- security screening of personnel and goods;
- aviation security identification cards (including a mandatory Federal or State Police records check); and
- the payment of fees as set by Airport from time to time to cover such requirements;
Airside means the part of the Airport grounds, and the part of the Airport buildings, to which the non-travelling public does not have free access;
APAM Representative means APAM’s Communications Project Coordinator;
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Melbourne;
Insolvency Event means the happening of one of the following events in relation to you:
- an application for your winding up or the appointment of a provisional liquidator to you is made and not dismissed, stayed, enjoined or withdrawn within 21 days, or any order is made or resolution passed for your winding up or dissolution;
- the appointment of an administrator, receiver or manager, or an inspector or investigator or any other corporate controller appointed under the Corporations Act 2001 (Cth) other than as a result of a reorganisation;
- you enter into a scheme of arrangement;
- execution is levied against your assets; or
- you are unable to pay your debts as they fall due or state that you are unable to pay your debts as they fall due;
Item means an item in the Deed Details;
Landside means the part of the Airport grounds, and the part of the Airport buildings, to which the non-travelling public has free access.
Loss includes any loss, claim, action, liability, damage, cost, charge, expense, outgoing, payment, diminution in value or deficiency of any kind or character which a party pays, suffers or incurs or is liable for;
Material means any material, including footage and photography, generated or developed by you as a result of or in connection with your access to the Airport.
Purpose means the purpose specified in Item 2; and
Site means the location specified in Item 1.
1.2. References to ‘you’ or ‘your’ include your employees, representatives, agents, subcontractors or any other individual purporting to represent you in any way.
2. Site access
2.1. Subject to the terms and conditions of this deed, we grant you access to the Site for the Access Period to conduct filming or photography (or both) for the Purpose.
2.2. Your right to access the Site in accordance with this deed includes the right to bring personnel and equipment to the Site, as well as any temporary sets and props as specified in Item 5.
3. Your obligations
3.1. As a condition of granting you access to the Site for the Purpose, you acknowledge and agree that you will:
- only access and use the Site for the Purpose;
- not identify the Airport or APAM in any Materials, unless APAM has permitted you to do so in Item 6 or otherwise given its prior written consent (such consent may be given or withheld in our absolute discretion or given subject to any conditions that we see fit);
- not do, or fail to do, anything that would interfere in the safe, secure and efficient movement of persons, freight and aircraft at the Airport. This includes erecting any device or equipment that might interfere with the operation of the Airport or cause damage to the Site;
- at your cost keep the Site clean, tidy and free from safety hazards at all times, and ensure that the Site is maintained in its original condition;
- not disrupt, or cause inconvenience to, the day to day operations of the Airport or the use of the Airport by members of the public;
- at all times comply with all safety requirements and Airport Security Requirements as notified to you, including (but not limited to):
- (i) undergoing security screening (including screening of any equipment) as directed by us;
- (ii) ensuring that no vehicle in your custody or control is left unattended at the Airport or immediate surrounds (excluding public car parks); and
- (iii) strictly following any other direction or guidance provided by us,
- and we may rectify any breach of your obligations under this clause 3.1(f) at your cost without notice;
- (g) not film or photograph any security processes or procedures, or Australian Border Force processes or procedures;
- (h) promptly notify the APAM Representative if you cause damage to the Site or any other item or property at the Airport;
- (i) immediately rectify any damage to the Site or any other item or property at the Airport to restore it to its original condition (or pay an amount equal to the cost of rectification, at our direction);
- (j) not communicate with any passengers at the Airport without our consent;
- (k) not film or photograph any:
- (i) member of the public if they have indicated that they do not wish to be filmed or photographed;
- (ii) APAM personnel without their express permission; or
- (iii) member of the public or APAM personnel in such a manner that easily identifies them without first obtaining their consent to do so;
- (l) not, and not do anything that would cause us to, breach any law, code of conduct or industry standard, or that would cause us commercial detriment or bring us into disrepute;
- (m) upon our request, edit, destroy or refrain from broadcasting or publishing any Material (in any form) that contravenes the requirements of paragraph (l) above;
- (o) comply with all applicable laws, codes of conduct and industry standards, including the Privacy Act 1988 (Cth), Airports Act 1996 (Cth), Occupational Health and Safety Act 2004 (Vic) and Occupational Health and Safety Regulations 2007 (Vic); and
- (p) comply with any special conditions specified in Item 7, and any other reasonable request or direction from us, including immediately ceasing filming or taking photographs of an APAM employee or authorised representative upon our request.
3.2. You acknowledge and agree that the access to, and use of, the Site granted under this deed:
(a) is non-exclusive;
(b) is at your own risk, and to the maximum extent permitted by law, you release us from any liability whatsoever for loss and damage of any kind; and
(c) may be subject to further conditions, depending on the nature of the Site and Purpose. Without limiting the previous sentence, access to and use of:
(i) a leased or licensed area within the Airport will be subject to the relevant tenant’s consent;
(ii) the T2 sterile area, controlled by the Australian Border Force, is subject to:
A. you providing at least 7 days’ written notice of your request to access and use the T2 sterile area; and
B. the authorisation of the Senior Border Force Officer in charge at the relevant time (at her or his discretion);
(iii) restricted areas at the Airport (such as the T2 sterile area, apron or the airfield), if granted, is subject to you complying with all of our requirements including being accompanied (at all times) by an APAM official with an Airport Security Identification Card (ASIC) and each person obtaining a valid visitor pass; and
(iv) Sites that are restricted may be subject to the deployment of security services (if required by us, at our sole discretion) at your cost.
4. Intellectual Property
4.1. Subject to you complying with this deed, we consent to you publishing or broadcasting the Material, and assign to you all intellectual property rights in the Material that accrues to us.
4.2. Nothing in this deed assigns or transfers ownership of any pre-existing Intellectual Property Rights of a party to the other party.
5.1. We may terminate this deed without cause by providing you with 5 Business Days’ notice.
5.2. We may immediately terminate this deed if:
(a) you breach this deed and, where the breach is capable of remedy, fail to remedy that breach within 5 Business Days’ of receiving notice from us requiring you to do so;
(b) you fail to comply, or unreasonably delay complying, with any direction given by us; or
(c) an Insolvency Event occurs in relation to you.
5.3. Upon termination of this deed or at the end of the Access Period (whichever occurs first), you must immediately vacate the Site and comply with any other reasonable direction we provide.
5.4. We may at any time relocate your access to a different Site, or defer your access to the Site, due to safety, security or operational concerns at our absolute discretion.
5.5. We will not be liable for any Loss arising from any exercise of our rights under this clause 5.
6.1. You indemnify APAM, its officers, employees, agents and contractors (Indemnified Parties) against all Loss incurred or suffered by, or awarded against, an Indemnified Party arising directly or indirectly from any:
(a) breach of this deed by you;
(b) act or omission (including any negligence, unlawful conduct or wilful misconduct) by you relating to this deed or arising as a consequence of the performance or non-performance of your obligations under this deed;
(c) allegation or claim brought against an Indemnified Party that you have infringed the rights of any third party, including intellectual property rights; or
(d) broadcast or other display of the Materials,
except to the extent that such Loss was directly caused or contributed to by our negligence or wilful act or omission.
7.1. Unless otherwise specified in the special conditions in Item 7, you must maintain the following insurance with an insurer approved by APAM (which approval must not be unreasonably withheld) for the duration of the Access Period:
(a) public liability insurance in respect of accidental damage or loss to any property and accidental injury (including death) to any person arising out of your access to the Site which must:
(i) include APAM as a joint insured ; and
(ii) provide cover for at least the following amounts (as applicable), if the Site is:
A. Airside – no less than $50million; and
B. Landside – no less than $20 million; and
(b) workers’ compensation insurance as required under workers’ compensation legislation.
7.2. Prior to being granted access and otherwise upon our request, you must provide us with a certificate of currency evidencing that the insurances required under this clause 7 have been effected and are current.
8.1. You must not assign or transfer your rights or obligations under this deed without our prior written consent.
8.2. Each party must pay its own legal and other costs and expenses of negotiating, preparing, executing and performing its obligations under this deed.
8.3. This deed may only be varied or replaced by a document duly executed by the parties.
8.4. A single or partial exercise or waiver by a party of a right relating to this deed does not prevent any other exercise of that right or the exercise of any other right.
8.5. A party is not liable for any Loss incurred by any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
8.6. The rights of a party under this deed are cumulative and are in addition to any other rights of that party.
8.7. We may conditionally or unconditionally give or withhold any consent or approval to be given under this deed and is not obliged to give its reasons for doing so.
8.8. Each party must promptly do whatever the other party reasonably requires of it to give effect to this deed and to perform its obligations under it.
8.9. This deed is governed by the laws of Victoria. Any dispute in connection with this deed will be brought in the courts having jurisdiction in Victoria.