P.O. Box 1585, Pacific Palisades, CA Phone: 310/ * Fax: 310/ Website: *

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1 P.O. Bx 1585, Pacific Palisades, CA Phne: 310/ * Fax: 310/ Website: * hppcltd@gmail.cm Filming and Still Shts Rules & Regulatins Fr the Huntingtn Palisades Intrductin These Filming and Still Shts Rules & Regulatins (these Rules ) fr Huntingtn Palisades Prperty Owners Crpratin Ltd. ( HPPOC ) set frth rules, regulatins and guidelines fr filming within the Huntingtn Palisades Assciatin (the Assciatin ) that are intended t be distributed fr viewing by members f the public. The purpse f these Rules is t strike a balance between the desire f Hmewners t allw filming n their lts and the rights f Hmewners t the quiet and peaceful enjyment f their lts, as well as the prtectin and preservatin f the cmmn areas f the Assciatin (cllectively, the Cmmn Area ). Any filming n a Hmewner s lt will have an impact n the Assciatin and, ptentially, n residents f ther lts. Thus, a Hmewner desiring t allw filming n his/her lt that is intended t be distributed fr viewing by members f the public must submit a request fr prir written apprval f such filming by the HPPOC, as prvided in these Rules. When the term filming is used in these Rules, that term shall mean and include bth the filming f mtin pictures, televisin prgrams, cmmercials and ther images and the phtgraphy f film stills (als knwn as publicity stills r prductin stills) fr such prductins. In additin, the filming f a pilt r dem fr a prpsed televisin prgram, as well as the filming f any prtin f any mtin picture, televisin prgram, cmmercial r ther image prpsed r intended fr public viewing, whether r nt publicly screened r shwn t test audiences and whether r nt sld t a studi r netwrk, shall cnstitute filming fr purpses f these Rules. Further, filming shall include prep and strike fr any vide r tape filming r still phtgraphy. All filming activities within the Assciatin must be cnducted by and thrugh a film prductin cmpany (a PC ) frmed as a crpratin, limited liability cmpany r partnership that is an actively licensed business entity. Further, all filming activities must be cnducted in cnfrmance with all applicable federal, state and lcal laws, rdinances and rules. Apprval Required fr Filming Film Permit Applicatin Any Hmewner desiring t cnduct r allw filming activity n his/her lt must submit an applicatin fr apprval f such filming activity t the HPPOC n the Filming / Still Sht Permit Applicatin (the Film Permit ) which is included in and made a part f these Rules. With the submissin f the Film Permit, a Hmewner will be required t prvide all f the infrmatin requested in the Film Permit. Page 1 f 10

2 Assuming filming activities n a Hmewner s lt are apprved by the HPPOC (evidenced by the signature f an authrized HPPOC representative n a submitted Film Permit), the Hmewner shall be required t pay t the HPPOC thse fees, depsits and ther amunts established in these Rules, and cmplete and execute any frms required by the HPPOC frm time t time prir t the filming ccurring r during the filming. Further, any filming apprval granted by the HPPOC shall be cnditined upn the PC: (1) prviding evidence f the insurance cverage required under these Rules; (2) entering int the HPPOC Hmewner/Film Prductin Cmpany Terms and Cnditins and Indemnity Agreement (the Agreement ), which is included in and made a part f these Rules, under which the PC prvides an indemnificatin f the HPPOC and Assciatin, its directrs, fficers, agents, emplyees, representatives and vendrs frm and against all claims, actins, causes f actins, csts, expenses and liabilities relating t bdily injury, wrngful death and/r prperty damage incurred by any persn pertaining t, in cnnectin with r resulting frm the filming activity; (3) cmplying with any reasnable requirements and requests f the HPOCC frm time t time with respect t the filming activity; and (4) advising the HPPOC s premises access cntrl cmpany f the apprved Permit and prviding a cpy f same t such cmpany prir t the cmmencement f the filming activity set frth in the Film Permit. Film Permit Prcessing 1) Film Permit Submissin: a) Cmplete the Film Permit in full with signatures by bth the PC and the Hmewner. By signing the Permit Applicatin, the PC and the Hmewner will be deemed t have agreed t cmply fully with these Rules. b) Submit prcessing fees f $550 fr filming invlving recrded film; and $250 fr filming invlving still shts. c) Upn submissin f a cmpleted Film Permit and payment f the required applicatin prcessing fee, the HPPOC may apprve a Film Permit. The applicatin prcessing fee is the bligatin f the Hmewner and is nn-refundable. d) The HPPOC may, in its sle discretin, deny a Hmewner s Film Permit, and n Film Permit shall be deemed apprved unless signed by and authrized representative f the HPPOC. e) The HPPOC shall attempt t respnd t a Hmewner s submitted Film Permit within seven (7) days f the HPPOC s receipt f the Film Permit; if a respnse is nt received frm the HPPOC within that timeframe, the Hmewner s submitted Film Permit shall be deemed t be denied. f) In cnsidering a Hmewner's request fr filming apprval, the HPPOC shall cnsider, amng ther criteria: (i) whether the filming activity cmplies with applicable federal, state and lcal laws, rdinances and rules, t the extent the HPPOC s representatives are aware f and knwledgeable abut same (prvided, hwever, neither the HPPOC r its representatives have any bligatin t advise a Hmewner abut any such ptential r actual cmpliance issues); (ii) whether the filming activity will be restricted t the cnfines f the Hmewner s lt, ther than t transprt cast, crew and equipment t and frm the Hmewner s lt; (iii) whether the filming activity identifies the name r lcatin f the Assciatin, r depicts any prtin f the Assciatin in a dergatry manner; (iv) whether the filming activity will interfere with the traffic flw, parking r use f the Assciatin; (v) whether r nt the filming activity will create excessive nise, light r glare; (vi) whether r nt the filming activity will unreasnably interfere with the rights f any persns within Page 2 f 10

3 the Assciatin, including but nt limited t the quiet enjyment and peaceful pssessin f any lt; and (vii) whether the filming activity is cnsistent with the prvisins f these Rules and the HPPOC s ther gverning dcuments. g) Shuld HPPOC apprve the Film Permit, then the hmewner and PC representative must sign the Agreement, as the HPPOC s apprval f a Film Permit is cntingent upn same. 2) Fees: If a Film Permit is apprved by the HPPOC, filming fees will be payable t HPPOC prir t the initial filming date. (HPPOC Tax ID N.: ). A 1099 is required fr any amunt $600 r ver issued t the HPPOC. The required fee(s) are nt fr use f City prperty, but fr the use f filming at a private lt within the Assciatin, where HPPOC has authrity under these Rules and its ther gverning dcuments. Rates fr the filming fees are as fllws: a) Prep and Strike: $750 per day (r any prtin theref) b) Film Sht: $1,000 per day (r any prtin theref) c) Still Shts: $750 per day (r any prtin theref) 3) Cnditins f filming: As a cnditin f permissin t film, each Hmewner must cmply with the fllwing requirements: a) The Hmewner is required t be n site r have reasnable access t mnitr the PC, regardless f size r duratin f the filming. b) Only ne PC may film, still sht, prep and/r strike n the same day within a fur (4) blck radius in the Assciatin (as determined by the HPPOC). c) Filming within 600 feet f an earlier filming (as determined by the HPPOC s manager) cnducted within the prir seven (7) days is nt permitted. d) Unless therwise permitted in writing by the HPPOC, all filming activities must be restricted t the cnfines f the wner s lt. N prtin f the cmmn areas f the Assciatin (cllectively, the Cmmn Area ) are t be used fr filming activities, ther than t transprt cast, crew and equipment t and frm the wner s lt. Filming f r n adjacent lts r the Cmmn Area is strictly prhibited. e) N filming activities may use the name, image r likeness f any persns within the Assciatin withut such persn s cnsent. f) N filming activities may use the name f the Assciatin r identify the Assciatin, r depict any prtin f the Assciatin in a dergatry manner. Further, n filming activity may result in any persn being able t identify the Assciatin thrugh still pictures, vide r audi recrdings, sets r lcatins, r thrugh advertising r publicity arising frm the filming activity. g) N filming activities may interfere with the traffic flw r parking within the Assciatin, r blck vehicular r pedestrian access t r frm any wner s lt. The areas within the Assciatin must remain pen fr free traffic flw, and n rad clsures are permitted. Traffic delays within the Assciatin caused by r due t the filming activity may nt exceed three (3) minutes. h) N filming activities may interfere with any wner s r resident s use f the Cmmn Area, except thse temprary interferences that may be permitted under these Rules. N film cast r crew may smke, drink r eat within the Cmmn Area, r utilize any Cmmn Area facilities. i) N filming activities may create excessive nise, light, glare r smke, r therwise unreasnably interfere with the rights f any persns within the Assciatin. N nxius r ffensive activities may be carried ut within the Assciatin in cnnectin with any filming. N filming activities may Page 3 f 10

4 increase the liability r casualty insurance bligatins r premiums f the HPPOC. j) Nise levels may nt exceed thse which are nrmal fr the Assciatin and surrunding prperties, r result in types f nise emanating frm surces such as gunfire, explsins, aircraft, etc., which are nt nrmal fr the Assciatin and surrunding prperties. In n event shall nise frm vices, filming r cnstructin, r amplified sund, whether live r recrded, exceed reasnable r lawful tlerances, including but nt limited t the requirements f any nise rdinances established by the City. Failure t cmply with these nise restrictins may result in a frfeiture f a PC s right t film anywhere within the Assciatin. k) Levels f light and glare may nt exceed that which is nrmal fr the Assciatin and surrunding prperties. Additinally, n lighting fixture shall directly shine int any windw f dwelling unit n anther lt. Failure t cmply with these light and glare restrictins may result in a frfeiture f a PC s right t film anywhere within the Assciatin. l) Insurance Requirements (1) The PC must keep in frce, at its wn expense, during the entire perid f time in which the filming activity will be perfrmed, such cmmercial general liability insurance as will prtect the HPPOC and its directrs, fficers, and agents (cllectively, the Indemnitees ) frm and against claims fr damages because f bdily injury and death and claims f prperty damage that may arise ut f any filming activity at the Assciatin, whether directly r indirectly caused by the PC r any f its principals, directrs, fficers, members, emplyees, agents, representatives r cntractrs, r anyne directly r indirectly emplyed r engaged by any f them. At all times, such liability insurance shall have a per ccurrence cmbined limit f at least Five Millin Dllars ($5,000,000). Claims-made cverage shall nt be acceptable. (2) The PC must carry cmmercial/business autmbile liability insurance with limits f at least One Millin Dllars ($1,000,000) t prtect the Indemnitees frm and against claims made fr bdily injury (including wrngful death) and prperty damage that may arise ut f any filming activity at the Assciatin. (3) The PC must carry wrker s cmpensatin insurance in accrdance with Califrnia law, including emplyer s liability insurance, t prtect the Indemnitees frm and against claims made under wrker s cmpensatin acts and ther emplyee benefit laws that may arise ut f any filming activity at the Assciatin. (4) The cmmercial general liability insurance and cmmercial/business autmbile liability insurance plicies required f the PC must name the Indemnitees as additinal insureds r lss payees with respect t the use and access f the Assciatin fr filming n the wner s lt. The insurance carried by the PC shall be primary t and nn-cntributing with any insurance carried by any Indemnitee. (5) Certificates f insurance, and additinal insured endrsements, fr the insurance cverages required f the PC under these Rules must be delivered by the Hmewner t the HPPOC prir t any filming activity ccurring within the Assciatin, in n event less than three (3) days prir t the cmmencement f any such filming activity (including but nt limited t any film prep). m) The HPPOC requires that Agreement be executed by the Hmewner and an authrized Page 4 f 10

5 representative f the PC as a cnditin f apprval fr filming activities. Tw (2) riginal executed cpies f the Agreement shall be prvided t the HPPOC alng with a cmpleted Film Permit. The HPPOC must apprve and sign bth the Agreement and the related Film Permit prir t any filming activity ccurring within the Assciatin (including but nt limited t any film prep activities). 4) Permitted Filming Days and Hurs: a) Days: Mnday thrugh Friday nly. N prep, strike r filming is permitted n weekends r state r federal hlidays. b) Hliday Perid Blackuts: i) Filming will nt be permitted n the days befre r after July 4 r Octber 31. ii) Filming will nt be permitted n any Friday in December. c) Time: 7 a.m. t 10 p.m. Persnnel (cast/crew) shuld nt arrive r prepare fr prductin befre 7 a.m.; all persns must be departed by 10 p.m. (nt getting ready t g ). If after hurs filming/still sht is required, advanced written permissin is required frm the HPPOC; an additinal filming fee will apply, if apprved. d) Special Nte: Signatures f immediate/surrunding neighbrs agreeing t different filming days r hurs will nt verride prhibited filming days and hurs. 5) Filming and still sht Frequency: Limited t a maximum f tw (2) times per year and ten (10) aggregate days (r prtins theref) frm January 1st thrugh December 31 in any given year. This includes still shts (any size) except as allwed by the last paragraph f this sectin 5, prep, strike and any cmbinatin theref. a) Calculatin: Tw (2) times and ten (10) aggregate days are defined as fllws: Yu may film at yur hme nly 2 times in the calendar year. The maximum allwed number f days fr filming per calendar year is 10 days ttal. Example 1: Film sht 1 is 5 days, leaving ne sht left fr a maximum f 5 days. Example 2: Film sht 1 is 3 days, leaving ne sht left fr a maximum f 7 days (which must be brken up t allw fr n filming n weekends). Still shts and prep & strike days are included in these limitatins. b) Exceptin fr lw vlume still shts: A special exemptin is allwed fr still phtgraphy shts that meet certain cnditins: N n street parking all vehicles must be in the driveway nt n empty lts; n large trucks (even t drp ff equipment); n generatrs; n special lighting bservable frm street; all actin must be cntained n premises. A Hmewner may cnduct a maximum f 3 days f shting (nt 3 sessins) per calendar year. The fee fr each day f shting is $750 per day. 6) Parking f Prductin and Persnnel Vehicles Rules: a) All prductin vehicles must be parked n ne side f the street nly, and the street must be psted. Equipment must be kept t a minimum. b) NO parking is permitted n either side f the curve cnnecting Alma Real Drive and Crna Del Mar (hazardus curve). This is als a City f LA parking regulatin. c) Filming persnnel cannt park n streets within the Assciatin and must be bused t the lcatin. d) The HPPOC may impse further parking restrictins. e) Fd Prep and Service (including craft services) t Prductin Persnnel must take place ut f public view. Fd is nt t be cnsumed n frnt lawns, grass berm, r in the street; the PC must Page 5 f 10

6 make ther arrangements. 7) Security Depsit : Shuld any Hmewner fail t submit a Film Permit and Agreement as set frth herein and/r fail t abide by these Rules, the Hmewner shall be deemed in immediate default f these Rules and any apprval previusly granted by the HPPOC, if any, will be withdrawn/rescinded, and Hmewner shall immediately remve frm the Assciatin all persns and equipment, and strike the filming and/r still sht set up(s) and cease filming r cnducting any further filming r still shts. Shuld Hmewner fail t d s, the HPPOC may, n an emergency basis, prceed t btain a Judicial Determinatin f Hmewner s breach and the issuance f Injunctive Relief. As the prevailing party, Hmewner shall be respnsible fr the HPPOC s legal fees and csts pursuant t the HPPOC s gverning dcuments and state statute. The HPPOC may, in its reasnable discretin, require a Hmewner t depsit with the HPPOC a refundable security depsit in an amunt up t Tw Thusand Dllars ($2,000) per apprved filming request (the Depsit ), as security against any damage that may result t the Cmmn Area r prperty f the HPPOC arising frm r relating t filming activity. Within furteen (14) days f the cmpletin f the filming, the HPPOC shall refund t the Hmewner the Depsit, if any, less any amunts withheld fr the repair f damage t the Cmmn Area r prperty f the HPPOC arising frm r relating t filming activity; if the cst t repair said damage t the Cmmn Area r prperty f the HPPOC is in excess f the Depsit, the Hmewner shall reimburse the HPPOC, within furteen (14) days after the HPPOC s demand, such difference. If n Depsit was required and cllected by the HPPOC, the Hmewner shall reimburse the HPPOC the entire cst t repair any damage t the Cmmn Area r prperty f the HPPOC arising frm r relating t filming activity, within furteen (14) days f the HPPOC s demand fr same. 8) Reimbursement f Csts : T the extent that the HPPOC incurs any fees, csts r expenses assciated with a Hmewner s request fr apprval f any filming activity n the wner s lt, r assciated with any filming activities n the wner s lt (whether such filming activities are apprved by the HPPOC r nt), the Hmewner shall be respnsible t reimburse the HPPOC fr all such fees, csts and expenses, including but nt limited t actual attrneys' fees and csts, within furteen (14) days f the HPPOC s demand fr same; any such reimbursement shall be separate frm any ther fees r amunts charged t the Hmewner pursuant t these Rules. T the extent that Hmewner fails t reimburse the HPPOC any fees, csts r expenses incurred by the HPPOC with respect t any filming activity within the Assciatin r n the wner s lt cnducted, facilitated r authrized by the Hmewner (including but nt limited t the repair f damage t the Cmmn Area r prperty f the HPPOC), the HPPOC shall have the right t seek reimbursement f such fees, csts and expenses, as well as any cllectin csts related t same, in any manner r manners permitted under the HPPOC s gverning dcuments and/r the Califrnia Civil Cde. 9) Cmmn Area Filming: The HPPOC may allw the use f the Cmmn Area fr filming a PC cntracting with the HPPOC, pursuant t such terms and cnditins as the Bard deems reasnable. Page 6 f 10

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8 Huntingtn Palisades Prperty Owners Crpratin, Ltd. ( HPPOC ) P.O. Bx 1585, Pacific Palisades, CA # 310/ # Fax: 310/ hppcltd@gmail.cm HPPOC Hmewner/Film Prductin Cmpany Terms and Cnditins and Indemnity Agreement THE FOLLOWING ARE UNDERSTOOD AND AGREED TO BY HOMEOWNER(S) AND PC APPLICANT(S): Hmewner/Film Prductin Cmpany ( PC ) agrees with the cnditins f filming/still shts and the right f HPPOC t interpret them as necessary. Hmewner/PC understands and agrees that the prpsed filming/ still shts must be in cmpliance with the Filming and Still Shts Rules & Regulatins (the Rules ) fr the HPPOC. N Filming/still shts may begin withut advance written apprval by the HPPOC. The HPPOC may revke an apprval upn nn-cmpliance with the Rules. The HPPOC and any interested party have a right t inspect the filming at any time during the film/still sht. HPPOC s cnsent t the filming/still sht shall nt give rise t any liability f the HPPOC, r their representatives. T the fullest extent f the law, Hmewner/PC shall indemnify, hld harmless, prtect and defend the HPPOC, its fficers, directrs, emplyees, agents, representatives and members (cllectively the Indemnitees ) frm claims, demands, liabilities and actins arising frm r in cnnectin with the filming/ still sht, related matters r apprval r disapprval f the filming fr any bdily injury, wrngful death, and/r prperty damage incurred by any persn r prperty. The cntact numbers f the lcatin manager fr the PC and the Hmewner will be psted n the HPPOC web site t deflect any calls f cncern by any member. Hmewner: Print Name: Date: Hmewner: Print Name: Date: PC Representative: By: Print Name: Title: Date: HPPOC Representative: By: Print Name: Date: * Huntingtn Palisades area: Alma Real Dr. (t 832); Almlya Dr.; Altata Dr.; Alva Dr.; Camarsa Dr.; Chapala Dr.; Chautauqua Bl. ( ); Crna del Mar; El Cerc.; Frntera Dr.; La Cumbre Dr.; Ocamp Dr.; Pampas Ricas Bl.; Rams Pl., Sunset Bl. ( , suth side nly); Typa Dr. Page 8 f 10

9 Huntingtn Palisades Prperty Owners Crpratin, Ltd. ( HPPOC ) P.O. Bx 1585, Pacific Palisades, CA # 310/ # Fax: 310/ hppcltd@gmail.cm FILMING / STILL SHOOT PERMIT APPLICATION Via Fax t: Date: Via Fax Back t Date: L.A. City Permit N.: HPPOC Permit N.: Film Cmpany Name, Address, City, State, Zip: Film Cmpany Representative/Phne N. /Fax N: Name and Genre f Prductin: Filming/Still Sht Lcatin/Name and Telephne Number f Prperty Owner: Name and Telephne Number f Nearby Neighbrs: Name and Telephne Number f Nearby Neighbrs: Name and Telephne Number f Nearby Neighbrs: Dates and Hurs f Filming (M-F, 7A- 10 P): Fees Per Abve: Remarks: Fee Paid: Hw many trucks will be used fr this prductin (please specify)? Page 9 f 10

10 Large Trucks: Other Trucks: Catering Trucks Camera Cars: Vans: Picture Vehicles: Generatrs: Hw many peple will be n site fr this prductin? Crew: Cast: Extras: Please prvide a summary f scene: Will yu be using any special effects? Will yu have film mnitr n lcatin? Will yu have Plice fficers n site t direct traffic? What streets are yu psting? Signature f Film Prductin Cmpany Representative: Signature f Hmewner: Date: Signature f HPPOC representative: Date: Date: Page 10 f 10