Terms and Conditions – Clients & Location Owners
1. Grace Locations: The Contractor, registered with the Dutch Chamber of Commerce under number 69934002.
Grace Locations is a location agency that provides clients and location owners with information regarding the availability and usage fees for locations intended for any form of public display.
2. Unless otherwise agreed in writing, these terms and conditions apply to all agreements made between the client/location owner and Grace Locations.
Any general terms and conditions of the client that differ from these are expressly rejected. Deviations from these general terms and conditions are only valid if agreed in writing with the approval of Grace Locations.
If one or more provisions of these general terms and conditions are found to be void or annulled, the remaining provisions will continue to apply in full. In that case, Grace Locations and the client will consult to replace the invalid provision with one that aligns as closely as possible with the intent of the original.
Grace Locations collaborates with both the client and the venue owner. As part of its services, Grace Locations enters into separate agreements with each party.
Both the client and the venue owner acknowledge that Grace Locations performs work and provides services for both parties. By signing the agreement, the client and the venue owner hereby give the written consent referred to in Article 7:417 paragraph 2 of the Dutch Civil Code.
If it is established that the client and the venue owner have conflicting interests, making it impossible for Grace Locations to serve both parties, Grace Locations expressly reserves the right to unilaterally terminate its activities.
Grace Locations connects clients and venue owners for the temporary use of locations for commercial productions, events, or other purposes. In this collaboration, Grace Locations acts as an intermediary but also fulfills a broader role, including creative consultancy, production support, location coordination, curation, and communication assistance.
We operate independently for both the client and the venue owner, always aiming for transparent collaboration and the right match. Within this framework, Grace Locations enters into separate agreements with both the client and the venue owner. Both parties are aware that Grace Locations acts in the mutual interest of both and performs work for both sides.
Agency Fee
Grace Locations connects clients and venue owners. For this service, an agency fee is charged to both parties. Our role is independent and focused on ensuring a fair and direct collaboration.
The amount of the agency fee is determined per production or booking and depends on the nature, scope, and duration of the assignment. In some cases, it consists of a percentage (for example, for daily rentals for photography or film), while in other cases it is a fixed amount per project. This fee is separate from the final location fee and is transparently included in the quotation, budget, or booking confirmation.
Standard Structure of the Agency Fee
For regular bookings, Grace Locations applies an agency fee of 20% to the client's side and 20% to the venue owner's side, unless otherwise agreed in writing.
When a venue owner introduces a client directly to Grace Locations, Grace may, at its own discretion, apply a reduced fee on the venue owner's side — typically 10% instead of 20%. This reduction applies only to regular bookings and can only be granted after assessment by Grace Locations. No rights can be derived from this reduction for budget requests, special rate agreements, or barter deals.
Deviating Budget Rates and Agency Fee
In the case of direct requests where the client applies a budget or rate lower than the regular rates established by Grace Locations, any discount on the agency fee (as mentioned under Standard Structure of the Agency Fee) does not apply.
When, in consultation and with prior written approval from Grace Locations, the regular rates are deviated from, an adjusted pricing structure applies. This consists of:
a) the agreed adjusted location rate, plus
b) a fixed agency fee (mediation fee) which will be communicated in advance by Grace Locations to the venue owner.
Grace Locations reserves the right, in the case of deviating budget rates, barter arrangements, or exceptional deals, to determine the amount of the agency fee at its own discretion, depending on the nature, scope, and duration of the assignment.
This provision ensures transparency, professionalism, and continuity in the collaboration so that both the client and the venue owner have clarity about rates, margins, and responsibilities.
Independent Mediation and Confidentiality
Grace Locations acts as an independent intermediary between the client and the venue owner. Separate agreements and fees are established for each party, based on the nature and scope of the assignment.
To safeguard confidentiality and independence, Grace Locations does not share specific financial arrangements or internal calculations between the client and the venue owner. Each party only receives the information relevant to their own agreement.
This working method ensures that Grace Locations can operate independently, balance interests carefully, and maintain its professional mediation role as referred to in Article 7:417 paragraph 2 of the Dutch Civil Code.
Grace Locations determines the fees for non-exclusive use prior to the production. All locations are categorized into fee groups, which serve as the basis for calculating fees. The purpose of use also determines the final fee, such as:
Photography:
Video:
Events and other uses.
Written permission from Grace Locations is required for:
1. Without written permission from Grace Locations, the client is not allowed to use the obtained visual material for any other purpose than agreed.
2. Surcharges apply in cases such as:
3. If a surcharge is applicable per calendar month or other term, the full surcharge must be paid even if the facility or material is not used the entire period.
4. Reduced fees may apply for location setup and dismantling days.
5. Any unauthorized or altered use requires a new written agreement.
6. If the client arranges third-party use, it must not exceed the original agreement period unless approved by Grace Locations. Violations also carry a 200% penalty.
Upon request, Grace Locations searches for suitable locations. Once the client and location owner agree, Grace Locations confirms the booking in writing. Terms include:
o Half-day: 4.5 consecutive hours (starting before 10:00 AM or after 1:00 PM).
o Full day: 9 consecutive hours.
o Half-day: 5 consecutive hours (starting before 9:00 AM or after 1:00 PM).
o Full day: 10 consecutive hours.
Overtime is billed per 15-minute increment. Bookings for other timeframes are possible upon mutual agreement.
The location owner always retains authority over their location.
Clients must ensure that third parties involved (e.g., photographers, filmmakers) respect the agreed usage terms.
Grace Locations informs clients of any intellectual property present at the location but the client remains responsible for obtaining necessary permissions.
Clients must maintain proper insurance for location damages and may be required to provide a security deposit. Costs incurred from damages are fully recoverable by Grace Locations.
Invoices are payable within 14 days. All collection costs, including legal fees, are the client's responsibility (minimum €350).
Clients remain liable even if invoices are made out to third parties. Complaints about invoices must be submitted within 8 days.
Clients are not entitled to set off or suspend payments.
Grace Locations is not liable for damages due to location unavailability, unless caused by intent or gross negligence. Liability is limited to the invoiced amount or the insured amount.
Grace Locations is not liable for indirect or consequential damages.
Confidential information must be kept secret unless disclosure is necessary in legal proceedings.
Complaints must be reported promptly. Disputes are exclusively settled by the court in Amsterdam under Dutch law.
Clients may not use visual material online without prior written consent. Special fees apply for authorized internet use, and clients must secure materials to prevent unauthorized use.
Violations result in a penalty of five times the invoice amount and full liability for damages.
ADDITIONAL SPECIFIC TERMS – Location Owners
These General Terms and Conditions are filed with the Dutch Chamber of Commerce under number 69934002.