The ATM Processing Agreement lists your rights and obligations as an ATM owner as well as the rights and obligations of the ATM processor. This is the legal contract between you and the ATM processor running your ATM program. This contract also guarantees your payment as agreed. No obligation to use: You should not be obliged to use the images and material filmed on site. You should have the sole discretion to determine how to use the recordings. Representation of the landowner: The agreement should include a statement by the owner that he or she is the owner of the property or that he or she has received the owner`s approval and has the authority to grant all rights under the contract. Keep in mind that someone who only rents out a property may not have this kind of authority. Getting permission from a tenant may not protect you from a lawsuit filed by the landlord. Considerations: ”Considerations” means that the Agreement is valid even if each party signs a different copy. In other words, each party can sign separately (even in different places), and the agreement is binding once all parties have signed. Counterparty language is very common and is often added to ensure that a fax or electronic copy is as effective as an original copy. Assignment Rights: You must have the right to license, assign and transfer your rights under the Agreement.
Permission to enter and register ownership: This is the core of any site agreement. You should have the right to enter the property and take pictures. The agreement must specify the location, as well as the dates and times you will be recording. It may also include a provision that allows you to return to the property for additional admission if necessary. Injunction: In a location agreement, the owner`s right to an injunction can be discussed. Injunction (also known as an equity claim) is a type of court order known as an injunction that requires a defendant to take (or refrain from) a specific action. For example, a court could order you to stop exhibiting or distributing your recordings, which can put you in a worse situation than if the landlord were only entitled to financial relief. Logos and Trademarks: A location agreement may include permission to register trademarks, trade names, trademarks, and logos of the owner that are visible on the property. Accidental or background-related inclusion of trademarks and logos may not require permission from the owner, but you should contact your legal counsel on a case-by-case basis. Ownership of records: The agreement must state that you are the owner of the records.
Right to use recordings: The agreement must specify how you will use the recordings. Are the recordings used for a specific project? In which media are the recordings used? Where are the photographs exhibited or exhibited? A broad concession of rights could include the right to freely broadcast, exhibit and exploit recordings in all its forms, throughout the universe, permanently and in any production. Before ordering your ATM, you must first have a location for it. This will help you determine whether it`s indoor or outdoor, what size of machine your site can support, and whether or not you need an SLA (more on SLAs below). Depending on where you want to place your ATM, you may need one of these contracts or agreements. If you plan to work with a third party, you will need more than one verbal agreement. Save my name, email address, and website in this browser for the next time I comment. So what should you do now? If you need location sharing, contact a production lawyer to create one for you. Entering into this agreement allows the ATM processor to send you a wireless modem that converts your signal from the Internet to cellular. This provides a faster connection speed. A location agreement is a document that allows entry into private property for the purpose of recording content, whether you are filming, photographing or taking photos.
Location agreements must be signed by the owner or their legal representative, even if they allow you to use their property for free. Once you have set your location, you can order your ATM. However, there are two other decisions you need to make before you can submit this form. These documents depend on your specific needs and situation. Check with your local courthouse to see if you need any special licenses or permits before using your ATM. And remember that you only need an SLA if your ATM is in a place that someone else owns. A commercial ATM contract is a documented agreement between you – the owner of the ATM – and the owner or merchant in which the ATM is placed. This is also known as a contractual agreement, placement agreement or location agreement (SLA). If you place the ATM in a business or location you own, you don`t need an intermediary agreement or SLA. However, you will do this if you want to work with a third party. Indemnification: Indemnification is a promise to cover the losses of another party.
Site agreements sometimes include the obligation to indemnify the owner for certain types of legal claims and damages. Suppose there is a broken staircase on the property and someone gets injured while you shoot. If you have promised to compensate the owner against third-party claims, you may end up on the hook if the injured person sues the owner for negligence. If the landlord insists on a indemnification provision, you must add an exception, also known as a ”carve-out,” for claims arising from the owner`s negligence or willful misconduct. Third Party Intellectual Property: Site agreements may relate to third party intellectual property (i.e., not owned by the owner of the property), which may be included in your records. For example, if you are filming a painting, you may need to get permission from the copyright owner of that painting to include it in your film. Entire Agreement: This type of provision, also known as a merger or integration clause, states that the document constitutes the entire agreement of the parties in this matter. Make sure that the agreement exactly and fully meets all your expectations, because once you have signed an agreement with this type of provision, you can no longer rely on previous promises or agreements between you and the owner. This also applies to the ATM commercial contract with which we have opened this article. It`s a good idea to have it to protect yourself from possible disputes.
The SLA makes your agreement legal and binding before you install the ATM. This is a win-win situation for you and the site owner. Also keep in mind that if your ATM belongs to someone else, that part may have insurance requirements that you need to follow. And you can completely unsubscribe from insurance if your ATM is open 24 hours a day or if it is under constant security. You can work with a lawyer to create a custom contract or agreement, or you can use one of our templates on ATMDepot.com if you are a member. You can also find scripts here to present and sell your idea to the business owners you want to work with to get them on board! Other elements you might find in location agreements: However, if you don`t work with a third-party provider, you can ignore this altogether. .