Luxury Hoteliers Magazine 4th Quarter 2019 | Page 90

• • • • 90 ILHA Risky Business: Is the movie a spy thriller with a shootout that is to be filmed in your main ballroom or is your hotel cigar bar the scene of a business meeting? The nature of the filming makes a difference for your risk allocation. You will want an appropriate indemnity from the production company, evidence that it is appropriately insured (including you being named as additional insured on its applicable insurance policies) and to consider your preference for any dispute resolution. You will also want to address how to handle any damage to your hotel property that may result from the filming. Additionally, if the production company asks for a release, it should be negotiated prior to signing the location agreement. Quiet on the Set: It is essential that you understand and detail in the location agreement where and when the production company will be filming. Your hotel is your business and unless the production company is renting out your entire hotel, you will want language in the agreement regarding the treatment of your guests. You also need to work with the hotel management and staff to ensure that your guests are not materially inconvenienced by the shoot, and that the hotel is able to comply with the requirements of the location agreement. Peak Behind the Curtain: It is important to keep in mind there are intellectual property and licensing considerations which may need to be addressed depending on the nature of the filming. Boilerplate language stating that the hotel grants the rights to the production company for all art and objects in and around the property is often in the location agreement, but is it accurate? Does your hotel actually own the licensing rights to the modern art piece that will be featured in the lobby scene? If not, that may need to be addressed. Can You Keep a Secret?: For many filmings, particularly in the ever-growing genre of reality television, confidentiality is paramount to the production companies. Read these provisions carefully and think about whether the confidentiality restrictions the production company is requesting are something your hotel management can actually enforce. Once agreed upon, the hotel owner and/or manager needs to clearly convey the message to hotel staff regarding what they can and cannot do before, during and after the filming. • Who is on the List: Under a hotel management agreement, the appropriate signatory for a location agreement may be the hotel owner, the hotel management company or another construct such as the management company as agent for the hotel owner. It is important to ensure that the agreement is structured to be entered into by the appropriate signatory, and that the text of the location agreement accurately addresses the references to the signatory. If the scenes being shot at your hotel include your spa, boutiques, celebrity-chef restaurant, or other amenities managed by an operator other than your hotel operator, separate agreements may be required for those spaces as well. • Have Your Entourage Ready: The typical location agreement sent by the production company is a short one-page document, but they move quickly and, as discussed above, there are complex legal issues involved. The production company likely had its lawyers draft the agreement, so it is important for a luxury hotel or property manager to have an equally experienced lawyer review the proposed agreement and negotiate it before committing your hotel to the project. About the author Elizabeth Martin Colombo is a Member of the Hospitality & Gaming Group at the national law firm of Eckert Seamans Cherin & Mellott, LLC. Her practice is focused on the representation of domestic and international hotel and spa management companies, owners, developers, and asset managers in corporate transactional matters. Elizabeth can be reached at ecolombo@eckertseamans. com. https://www.eckertseamans.com/our- people/elizabeth-martincolombo