Allen, Louise. All, Please advise. Thank you, Steve

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1 Allen, Louise From: Kiefer, Sarah Sent: Monday, April 21, :16 PM To: Steve Woroniecki; Calabrese, Kate; Barnes, Britianey; Herrera, Terri; Zechowy, Linda; Allen, Louise; Luehrs, Dawn Cc: Greg Prange; Alan Connell; Sergio Rodriguez; Marie, Carol; Barber, Olivia Subject: RE: Masters of Sex - May 5 Hi Steve, Thanks for sending this to all of us. Please let us know if he contacts you again. Best regards, Sarah From: Steve Woroniecki [mailto:steve.woroniecki@gmail.com] Sent: Monday, April 21, :08 PM To: Kiefer, Sarah; Calabrese, Kate; Barnes, Britianey; Herrera, Terri; Zechowy, Linda; Allen, Louise; Luehrs, Dawn; Salgado, Demondre Cc: Greg Prange; Alan Connell; Sergio Rodriguez; Marie, Carol; Barber, Olivia Subject: Fwd: Masters of Sex - May 5 All, Today, I had a location threaten to sue Sony, Remote Broadcasting and me. This is a restaurant location that I had on hold but never signed an agreement to film. We have a restaurant scene in Episode 5 coming up in May. I put Musso and Franks on hold April 8 as a possible location. The hold dates were May 4 for prep and May 5 for a shoot day. As part of the initial , I forwarded the Sony Location Agreement to Mark Echeverria, the general manager. Today, I cancelled the hold two weeks prior to the event date and below are the correspondences. Mark Echeverria called when he received my cancellation and stated he was due compensation because we had an implied agreement. He is threatening to sue Sony, Remote Broadcasting and me for damages - he insists he is due money from losses from lost bookings. Please advise. Thank you, Steve On Mon, Apr 21, 2014 at 4:08 PM, Mark Echeverria <mecheverria@mussoandfrank.com> wrote: Steve I whole heartily disagree, your company sent over a location agreement, with fees and dates. That is an implied contract. 1

2 Allen, Louise From: Allen, Louise Sent: Tuesday, April 22, :59 PM To: Hastings, Douglas; Clausen, Janel Cc: Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Herrera, Terri; Kiefer, Sarah Subject: FW: Masters of Sex - May 5 Attachments: Musso & Frank Grill - MoS (RM).doc Adding Doug & Janel to this string... fyi Thanks, Louise Allen Risk Management T: (519) From: Kiefer, Sarah Sent: Monday, April 21, :23 PM To: Steve Woroniecki; Calabrese, Kate; Barnes, Britianey; Herrera, Terri; Zechowy, Linda; Allen, Louise; Luehrs, Dawn Cc: Greg Prange; Alan Connell; Sergio Rodriguez; Marie, Carol; Barber, Olivia Subject: RE: Masters of Sex - May 5 Also, per the terms of the penultimate numbered paragraph (numbered 8/9 due to the redline), if we don t go, they don t get anything, so if we did have a deal, that was the deal. From: Steve Woroniecki [mailto:steve.woroniecki@gmail.com] Sent: Monday, April 21, :08 PM To: Kiefer, Sarah; Calabrese, Kate; Barnes, Britianey; Herrera, Terri; Zechowy, Linda; Allen, Louise; Luehrs, Dawn; Salgado, Demondre Cc: Greg Prange; Alan Connell; Sergio Rodriguez; Marie, Carol; Barber, Olivia Subject: Fwd: Masters of Sex - May 5 All, Today, I had a location threaten to sue Sony, Remote Broadcasting and me. This is a restaurant location that I had on hold but never signed an agreement to film. We have a restaurant scene in Episode 5 coming up in May. I put Musso and Franks on hold April 8 as a possible location. The hold dates were May 4 for prep and May 5 for a shoot day. As part of the initial , I forwarded the Sony Location Agreement to Mark Echeverria, the general manager. Today, I cancelled the hold two weeks prior to the event date and below are the correspondences. Mark Echeverria called when he received my cancellation and stated he was due compensation because we had an implied agreement. He is threatening to sue Sony, Remote Broadcasting and me for damages - he insists he is due money from losses from lost bookings. Please advise. Thank you, 1

3 Steve On Mon, Apr 21, 2014 at 4:08 PM, Mark Echeverria wrote: Steve I whole heartily disagree, your company sent over a location agreement, with fees and dates. That is an implied contract. Compensation will be expected Mark Echeverria General Manager/Proprietor The Musso & Frank Grill 6667 Hollywood Blvd Hollywood, CA Office: (323) Fax: (323) mecheverria@mussoandfrank.com On Apr 21, 2014, at 4:07 PM, Steve Woroniecki <steve.woroniecki@gmail.com> wrote: Mark If you have received any calls to use the space, you should have called to allow me to confirm usage and you should have alerted me that a fee was going to be charged for holding. You never indicated that a fee was involved for holding the space. Whenever we hold a location, we are considered a first hold. When another film crew ask for the same space, we get a call or to challenge the hold. This process allows all parties a fair deal in using the space and you are guaranteed the rental or cancellation fee if one is spelled when some one accepts the challenged hold. After a challenge is accepted, the parties go to agreement where a fee is established for non usage. We are releasing our hold of the restaurant for May 4 and 5. No fees will be paid for the cancellation as no fee was stated or agreed upon prior today. Thank you, Steve On Mon, Apr 21, 2014 at 3:49 PM, Mark Echeverria <mecheverria@mussoandfrank.com> wrote: Steve, 2

4 We have been holding these days for you, I have declined other film shoots and other private dining parties for you in order to hold these days. If you are unable to shoot these days, I do expect compensation for holding them and having to turn down other revenue generating business for us. Mark Echeverria General Manager/Proprietor The Musso & Frank Grill 6667 Hollywood Blvd Hollywood, CA Office: (323) Fax: (323) mecheverria@mussoandfrank.com On Apr 21, 2014, at 3:47 PM, Steve Woroniecki <steve.woroniecki@gmail.com> wrote: Mark - we are dealing with actor availability issues and not sure we can shoot it this episode. I will know tomorrow afternoon On Mon, Apr 21, 2014 at 3:39 PM, Mark Echeverria <mecheverria@mussoandfrank.com> wrote: Steve, just checking in on the status of the location agreement. Did you receive my prior regarding some canoes? Thank you much! Mark Echeverria General Manager/Proprietor The Musso & Frank Grill 6667 Hollywood Blvd Hollywood, CA Office: (323) Fax: (323) mecheverria@mussoandfrank.com On Apr 16, 2014, at 4:50 PM, Mark Echeverria <mecheverria@mussoandfrank.com> wrote: Thank you for this Steve, sorry it has taken me a little while to get this back to you; I ve been traveling Attached are a few changes I would like to make with the location agreement for May 4th and 5th please let me know if you have any questions! Thank you much! Mark Echeverria General Manager/Proprietor The Musso & Frank Grill 3

5 6667 Hollywood Blvd Hollywood, CA Office: (323) Fax: (323) On Apr 8, 2014, at 4:33 PM, Steve Woroniecki wrote: Mark, Thank you for taking my call regarding filming at Musso and Franks on May 5. I have attached the location agreement for your review. I will work on getting the production designer and director our to view the property in the next week or so. Thank you, Steve -- Steve Woroniecki Location Manager cell Remote Broadcasting, Inc W. Washington Blvd Robert Young Blvd, Ste 3900 Culver City, CA office <Location Agreement - Musso And Franks.doc> -- Steve Woroniecki Location Manager cell Remote Broadcasting, Inc 4

6 Allen, Louise From: Sent: To: Cc: Subject: Attachments: Allen, Louise Thursday, April 17, :34 AM Kiefer, Sarah; Steve Woroniecki Zechowy, Linda; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn RE: Masters of Sex - Musso and Frank Musso & Frank Grill - MoS (RM).doc Some revision of wording needs to be made to paragraph 1 as it no longer reads correctly. Perhaps the wording I highlighted needs to be deleted? I made a slight revision to the new wording in paragraph 4. Please a signed copy of the agreement for our files when available. Thanks, Louise Allen Risk Management T: (519) From: Kiefer, Sarah Sent: Wednesday, April 16, :19 PM To: Steve Woroniecki Cc: Allen, Louise; Zechowy, Linda; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn Subject: FW: Masters of Sex - Musso and Franks Hi Steve, As long as you can live with not being able to recreate the property elsewhere, the limits on the time frame and no pro rata deal when you go back, ok with me. Please wait for risk management to weigh in (I suspect they will want to add something modifying the restoration of the property). Thank you. Best regards, Sarah From: Steve Woroniecki [mailto:steve.woroniecki@gmail.com] Sent: Wednesday, April 16, :18 PM To: Kiefer, Sarah; Allen, Louise; Barnes, Britianey; Luehrs, Dawn; Herrera, Terri; Zechowy, Linda; Salgado, Demondre Subject: Masters of Sex - Musso and Franks All, Attached is a Sony Location Agreement with comments from Musso and Franks for your review. Steve -- 1

7 MASTERS OF SEX - SEASON 2 Date: April 8, 2014 LOCATION AGREEMENT ( Grantor ), in entering into this agreement (the Agreement ) hereby grants to Remote Broadcasting, Inc and its representatives, employees, contractors, agents, independent producers, officers and agents, (herein collectively referred to as Producer ) and such other parties as it may authorize or designate, permission to enter upon, use, and by means of film, tape, videotape or any other method, to photograph the property, including the interiors and exteriors of all buildings, improvements, and structures thereon and the contents thereof, located at: The Musso & Frank GrillMusso and Franks Grill, 6667 Hollywood Blvd, Los Angeles, CA (the Property ) in connection with the production of scenes for the above-referenced television program, (the Program ), which permission includes the right to bring and utilize thereon personnel, personal property, materials, and equipment, including but not limited to props and temporary sets; the right to make mention of the Property within the context of the storyline of such Program; the right to recreate the Property elsewhere, whether accurately or otherwise, for the purposes of photographing same; and the unlimited right to exhibit any and all scenes photographed or recorded at and of the Property throughout the world and in all media, now known or unknown. The undersigned hereby waives any and all rights of privacy, publicity, defamation, or any other rights of a similar nature in connection with the above. The above permission is granted for one or more days as may be necessary, commencing on or about the 4th day of May,, at 7:00am until 5 th day of May at 11:59pm.the exact date to depend on the weather and shooting schedule, and shall continue until completion of all scenes and work required on the Property in connection with the Program. The permission herein granted shall include permission to re-enter the Property for the purpose of making added scenes and retakes, at the rate set forth below. 1., on a pro-rata basis Producer, its successors, assigns and licensees shall own all rights of every kind in and to all video and sound recordings, motion pictures or photographs made, recorded and/or developed in and about the Property, in any and all media now known or hereafter devised or discovered, throughout the world in perpetuity, including the irrevocable right to use any such recordings, motion pictures or other photographs of the said premises and Property, including the name, logo or identification of said Property, in the advertising, publicity and promotion, of the Program, and Producer s productions, without further payment or permission of any kind. Neither Grantor nor any tenant or other party now or hereafter having an interest in the Property shall have any right of action against Producer 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 or untrue in nature, and Grantor, any tenant and any other party now or hereafter having an interest in the Property hereby waives any and all rights of privacy, publicity or any other rights of a similar nature in connection with Producer s exploitation of any such photography and/or sound recordings. Formatted: Highlight 3.2. In full consideration of the Grantor entering into this Agreement and for all rights granted to Producer hereunder, Producer shall pay Grantor the following sums: Prep: One Five Thousand Dollars per day ($5,000.00) Shoot: _One Ten Thousand Dollars per day ($10,000.00) Site Rep Fee Two Five Hundred Dollar per day ($1,000) Strike: per day ($ ) TOTAL LOCATION FEE $ $165, Grantor acknowledges and understands that Producer is relying upon its consent and agreement herein contained in the preparation, production and exhibition of the Program and this consent and acknowledgment is given to Producer as an inducement to proceed with such preparation and production on the Property Producer shall use reasonable care to prevent damage to the Property, restore Pproperty to as good of condition as when first entered and will indemnify Grantor and hold Grantor harmless against any liability and loss which Grantor may incur by reason of the death or injury of any person or persons or property damage resulting directly from any act of negligence on Producer s part in connection with use of the Property as provided hereunder. Producer shall provide Grantor, prior to the use of the Property, evidence of commercial general liability insurance with limits of One Million Dollars ($1,000,000) adding Grantor as an additional insured party thereon. LoH:/Location Agreement 11/11 1

8 MASTERS OF SEX - SEASON 2 Date: April 8, Grantor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein; that the Property is not now represented by a location service or any individual in connection with the filming of motion picture photoplays or television programs; and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein After Producer has completed its work at the Property, including all necessary restoration, if any, Producer shall be deemed to have fully and properly vacated the Property and shall be relieved of any and all obligations in connection with the Property unless Grantor, within five (5) business days after Producer leaving the Property informs Producer in writing of any damage to the Property and/or restoration not completed to Grantor s satisfaction. Unless such timely notice is given to Producer, Grantor hereby agrees to promptly sign and deliver to Producer the release attached hereto as Exhibit A, and incorporated herein by this reference The rights and remedies of Grantor in the event of any breach by Producer of this Agreement shall be limited to Grantor s right to recover damages, if any, in an action at law. In no event shall Grantor be entitled to terminate or rescind this Agreement or any right granted to Producer hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, or exploitation of the Program, or any parts or elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith Producer shall have no obligation to use the Property or include the Property in the Program. If Producer elects not to use the Property for filming or any other purpose prior to Producer using the Property, which Producer shall have the absolute right to do, then Grantor shall not be entitled to any compensation, and thereafter the parties hereto shall be released from any and all of their respective obligations hereunder. 10. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles, County, California, before a single arbitrator, in accordance with California Code of Civil Procedure 1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator s award is based. The parties will share equally in payment of the arbitrator s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of this Agreement. ACCEPTED: GRANTOR ACCEPTED: PRODUCER Date: By: Date: By: Please Print Name Please Print Name Address Title City and State Zip Code Social Security Number or Federal I.D. LoH:/Location Agreement 11/11 2

9 MASTERS OF SEX - SEASON 2 Date: April 8, 2014 EXHIBIT A LOCATION RELEASE Re: (the Program ) Ladies/Gentlemen: In connection with that certain location agreement entered into between Grantor and (Producer) regarding the Program, Producer was granted the right to enter upon Grantor s property located at (the Property ) in connection with the filming of the Program. Grantor acknowledges that Producer has fully vacated the property, without damage thereto, and/or has restored the property to Grantor s satisfaction, and Grantor hereby releases Producer, its parents(s), subsidiaries, licensees, successors, related and affiliated parties and their officers, directors, employees, agents, representatives and assigns (individually and collectively the Producer Indemnitees ), from any and all claims, demands, actions, causes of action, suits, contracts, promises, damages, judgments, obligations and liabilities of every kind which Grantor or Grantor s successors and assigns, ever had at any time in the past, now has or hereafter may have against the Producer Indemnitees, whether known or unknown, due to any cause based upon, arising from or relating to the filming done by Producer utilizing Grantor s Property. Grantor and Grantor s successors and assigns hereby waive any and all benefits and rights accruing by reason of the provisions of California Civil Code Section 1542, as presently in effect or hereafter amended, which now provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. and also waive the provisions of all statutes and principles of common law, if any, of the State of that may govern this release and are comparable, equivalent or similar to Section Very truly yours, (Signature) (Print) (Date) LoH:/Location Agreement 11/11 3

Allen, Louise. Begin forwarded message: Hi Michael,

Allen, Louise. Begin forwarded message: Hi Michael, Allen, Louise From: Sent: To: Cc: Subject: Attachments: [mike@burmco.com] Friday, October 18, 2013 4:41 PM Hunter, Dennis; Luehrs, Dawn; Allen, Louise; Barnes, Britianey; Zechowy, Linda; McCurdy Kathy