Terms and Conditions
The terms and expressions which begin with a capital letter will have the following meaning regardless of whether they are used in their singular or plural form:
Establishment: refers to the Resort establishment where the Filming/Shooting will take place and as indicated in Point 2 above.
Resort: refers to all the prestigious establishments operated by SBM in the Principality of Monaco and in France (including the casinos in the Principality of Monaco, the Hôtel de Paris Monte-Carlo, the Café de Paris, the Hôtel Hermitage Monte-Carlo, the Monte-Carlo Bay Hotel the Monte-Carlo Beach, the Thermes Marin etc).
Films/Photographs/Shooting/Filming: refers to the photographs or films which are taken by the Beneficiary at the Resort.
This authorisation sets out the terms and conditions upon which SBM agrees to authorise the Beneficiary to take and/or reproduce the Films/Photographs as well as the obligations and responsibilities of each of the Parties. The Authorisation is made up of these General Terms and Conditions and the authorisation description which appears on the first page. In the event of a discrepancy between these General Terms and Conditions and any other document, the General Terms and Conditions will prevail.
II. TERMS AND CONDITIONS FOR FILMING/SHOOTING
The Beneficiary will strictly refrain from filming the clients/walkers and from disturbing the clients/walkers in the locations where it will operate. Moreover, it must not shoot/film in front of the entrance to the Casino de Monte-Carlo during the hours that it is open to the public. The Beneficiary warrants that all the persons involved in the shooting (persons in charge of the shooting operations as well as persons shooted) will have an appropriate and professional behaviour and presentation, in accordance with the standards and internal regulations of each SBM Establishment (notably correct clothes in respect of such Establishment dress code).
The Beneficiary ensures also to SBM that all its personnel, or the one sent by its care, of which it knows precisely the identity, offers guarantees of integrity and enjoys an excellent reputation. In addition, the Beneficiary is committed to ensuring that its personnel comply with general safety measures for property and persons.
It will return the locations to the condition in which they where found and will remove any equipment belonging to the Beneficiary as soon as Filming/Shooting stops.
Any installations for filming/shooting will be subject to the prior approval of SBM, the Beneficiary will remain responsible for the installation, removal and transport of all equipment. If applicable, the Beneficiary will set up the electrical connections required for Filming/Shooting in the aforementioned locations, after obtaining SBM's Technical Services Department's approval.
III. COMPLIANCE WITH LAWS AND REGULATIONS
The Beneficiary must comply with all applicable laws and regulations. In this respect, it will fulfil all its legal and regulatory obligations with regards to the employment of its staff: work authorisations and the payment of all social security contributions and taxes. The Beneficiary will comply with the applicable legal and regulatory requirements with regards to health and safety.
The Beneficiary will ensure that nothing in the Photographs/Films which are made is in any way damaging either morally, financially or politically, directly or indirectly, to SBM or the Principality of Monaco or to the international relations of the latter, and in particular its relations with France and Italy.
The prior written authorisation of the Monaco Civil Aviation Authority and the Ministry of Interior of Monaco is required for any use of a “drone” to enable aerial filming/shooting, obtaining said authorisation is a condition precedent to the consent granted by SBM hereunder.
Use of a drone – Flying over French territory:
Any use of a "drone" to take aerial photographs requires the prior written approval of the competent French authorities (Prefecture, Police, authorities in charge of air traffic control, etc ...). Obtaining the said authorization(s) is an essential condition of SBM’s consent given herein.
IV. LIABILITY- INSURANCE
SBM incurs no obligations with regards to surveillance and generally, concerning the safety of vehicles, objects and equipment which are brought by the Beneficiary and various third parties. As a result, SBM cannot be held liable for any direct or indirect damages which may affect the same. The Beneficiary will take out an insurance policy with a first rate insurance company known to be solvable which will cover such damage and in particular to cover the risk of fire, theft or damage.
Such policy should cover inter alia:
- All material and immaterial damage caused directly or indirectly to SBM.
- All personal injury or all material and immaterial, direct or indirect damage caused to third parties (the employees of SBM are deemed to be third parties in this respect).
The authorisation, which is the subject hereof, is granted for a period of two (2) years. In order to renew said authorisation, the express agreement of SBM must be obtained.
VI. INTELLECTUAL PROPERTY RIGHTS
The locations chosen for the Shooting/Filming are the private property of SBM. This authorisation only concerns filming/shooting which takes place on the real estate belonging to SBM. Any requests to film/shoot in the Principality outwith said real estate must be the subject of an authorisation issued by the Monegasque authorities (information on the website : https://en.service-public-entreprises.gouv.mc/Conducting-business/Specific-authorisations/Communications-and-media)
The authorisation is granted for the locations, media and duration specified in the first page hereof. It is agreed that the Company will expressly refrain from any other use, by itself or by third parties, commercial or otherwise, on any medium whatsoever and in whatever form, as well as any use which may adversely affect SBM's imageIt is specified that the right of image of the SBM employees is expressly reserved and that the Company must obtain the consent of said employees if they wish to take photographs of them. The business name, logos, symbols, brands or any other intellectual property, including the expressions: “Monte-Carlo SBM", "Hôtel Hermitage – Monte-Carlo", "Hôtel de Paris Monte-Carlo" "Casino de Monte Carlo", which are owned by SBM and/or its affiliated companies are the sole property of SBM.
SBM may provide written and verbal information and documents to the Company. The Company will refrain from directly or indirectly disclosing to any person whatsoever all or part of the written and verbal information and documents which have been provided by SBM or of which the Company becomes aware due to the performance hereof. The Company acknowledges that any such disclosure will seriously harm SBM's interests and undertakes to ensure that all the employees involved in shooting/filming comply with this article.
VIII. APPLICABLE LAW - SETTLEMENT OF DISPUTES
The Company and SBM will endeavour to settle amicably any disputes which may arise due to the performance or interpretation hereof before initiating any proceedings. In the event that proceedings are commenced, the Courts and Tribunals of the Principality of Monaco will have jurisdiction and only Monegasque law will apply.
IX. MISCELLANEOUS PROVISIONS
Intuitu Personae/Non-Transferability The Company cannot under any circumstances assign all or part of the rights and obligations specified set out in this agreement without the express written agreement of SBM.
Changes to the Agreement: Any changes to the terms and conditions set out herein can only be made by signature by the two parties of a side letter.