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Terms and Conditions: Filming at Mary MacKillop Place

  1. The filming approval process
    1. MMP will permit filming at the Location by you only after:
      1. you apply to film at the Location by providing a completed Filming Application Form to the General Manager; and
      2. such filming is approved by the General Manager in accordance with clauses 1(b) to 1(d).
    2. The General Manager must consider an application to film at the Location by you within a reasonable time after the General Manager receives the application.
    3. If the General Manager approves an application, the General Manager must as soon as possible write to you to tell you:
      1. that your application has been approved; and
      2. the:
        1. Location;
        2. Fee; and
        3. Period,

        that applies to your application. The General Manager and you will agree to a Location, Fee and Period. Once you notify the General Manager that you agree to the Location, Fee and Period, the Location, Fee and Period will apply to your filming.

    4. If the General Manager rejects an application, the General Manager must write to you as soon as possible to tell you that your application has been rejected. However, the General Manager does not have to give reasons.
  1. The Location
    The Location that MMP permits you to film in may be any of the following:
    1. the entire Mary MacKillop Place Site;
    2. a part of the Mary MacKillop Place Site;
    3. or a room (or rooms) in the Mary MacKillop Place Site.
  1. Access to Location and permission to film or photograph the Location
    Once approval from MMP for filming at the Mary MacKillop Place Site is granted under clause 1, MMP agrees to:
    1. give you access to and use of the Location during the Period; and
    2. permit you to film or photograph the Location for the Film.
  1. Extension of Period
    1. Subject to clause 4(b), the Period may be extended by you as may be reasonably necessary to complete the Film at the Location.
    2. As soon as you become aware that it may be necessary to extend the Period, you must notify MMP of that extension and the likely duration of that extension. Approval will not be unreasonably withheld by MMP.
  1. Fee and Deposit, Non-payment, Cancellation and GST

5.1 Fee and Deposit

    1. In consideration for MMP permitting you to film at the Location, you must pay the Fee to MMP in full at least 14 Business Days before the start of the Period.
    2. You must pay a deposit of 25 per cent of the Fee (Deposit) to MMP in full at least 14 Business Days before the start of the Period.

5.2 Non-payment

    1. If you do not pay the Deposit to MMP in accordance with clause 5.1(b), MMP will be permitted to, by notice in writing to you, revoke your permission to use the Location for the Film.
    2. If you pay the Deposit to MMP, but do not pay the Fee in accordance with clause 5.1(a), MMP will be permitted to, by notice in writing to you, revoke your permission to use the Location for the Film.
    3. If this clause 5.2 applies to you, MMP may:
      1. be regarded as discharged from any further obligations under these Terms and Conditions; and
      2. pursue any remedies available at law.

5.3 Cancellation

    1. If you pay the Deposit to MMP in accordance with clause 5.1(b), and then notify MMP before the start of the Period that you no longer wish to use the Location for the Film, the Deposit is not refundable.
    2. If you pay the Deposit and the balance of the Fee to MMP in accordance with clauses 5.1(a) and 5.1(b), and then notify MMP before the start of the Period that you no longer wish to use the Location for the Film, the Fee is not refundable.

5.4 GST

    1. If GST is payable in respect of any payments made by you to MMP, the amounts payable will be increased by the amount of the GST. In such instances, MMP will provide you with a GST tax invoice for any payments made by you to MMP.
    2. MMP is a member of the Catholic GST Religious Group. If you are a member of the Catholic GST Religious Group, no GST will be payable in addition to the Fee.
  1. Your rights to use the LocationYour right to use the Location includes the right at any time during the Period to:
    1. bring and keep on the Location all equipment (including sets and props) necessary for the Film; and
    2. with the approval of MMP (which must not be unreasonably withheld), make such alterations to the Location and install such fittings on the Location as may be necessary for the Film.
  1. Depiction of the Location and Rights to the Film
    1. This clause 7 is subject to clauses 7(e) and 7(f).
    2. The right to depict the Location in the Film includes the right to:
      1. incorporate scenes showing the Location in any version of the Film, and either as a sequence on its own or preceded, interlaced or followed by other scenes of any nature whatsoever including scenes of studio sets representing or purporting to represent the interior/exterior of the Location; and
      2. use or not to use any and all such film and audio and audio-visual recordings and photographs of the Location;
      3. represent the Location as being another real or fictional place according to the requirements of the Film, or to not attribute the Location in the Film at all; and
      4. exploit, in any manner whatsoever, all versions of the Film, which include representations of the Location.
    3. The right to depict the Location excludes the right to describe the Location:
      1. under its proper title; and
      2. if the Location is not the entire Mary MacKillop Place Site, as the Mary MacKillop Place Site.
    4. MMP does not and will not have any right, title or interest in any material in which the Location is represented by you.
    5. MMP may, no later than 20 Business Days after the end of the Period, request that you provide MMP with a copy of the Film for MMP to review and approve.
    6. If MMP requests that you provide a copy of the Film pursuant to clause 7(e), MMP may:
      1. review the Film within 20 Business Days after the date that you provide MMP with a copy of the Film for MMP to review and approve; and
      2. if MMP then, after reviewing the Film, considers that the Film is likely to materially harm or diminish the reputation of any of MMP, Saint Mary MacKillop or the Catholic Church in any way, or is otherwise inconsistent with your obligations under these Terms and Conditions:
        1. notify you in writing of MMP’s decision to not approve the Film as provided to MMP; and
        2. request that you address issues (if any) raised by MMP after its review of the Film, within a certain time period to be nominated by MMP. If you do not address the issues raised by MMP after MMP’s review of the Film within the time period nominated by MMP and to MMP’s satisfaction, you will not be permitted to exploit the Film in accordance with clause 7.
  1. Reinstatement
    You must, prior to the end of the Period:
    1. fully reinstate the Location to the condition which it was in directly prior to the commencement of the Period; and
    2. remove from the Location:
      1. all of your property and equipment; and
      2. all rubbish.
  1. Inspection
    1. MMP must inspect the Location as soon as possible after the end of the Period and must advise you, within 14 Business Days after the end of the Period, of anything that you have not done but which you should have done pursuant to clause
    2. If MMP does not so notify you, you will not have any further liability to MMP in respect of the condition of the Location.
    3. If MMP does so notify you:
      1. you must do all reasonable things specified in the notice as soon as possible after receiving the notice; and
      2. MMP must allow you access to the Location to do those things.
  1. Public Liability Insurance
    1. You must, if requested by MMP prior to the Period, take out public liability insurance for the Period in respect of the Location.
    2. If MMP has requested under clause 10(a) that you take out public liability insurance, you must provide full details of your public liability insurance to MMP as and when requested by MMP.
  1. Child Protection Laws
    1. For the purposes of this clause 11, Child Protection Laws means the Child Protection (Working with Children) Act 2012 (NSW) and Child Protection (Offenders Registration) Act 2000 (NSW) and any other statute, regulation or law in Australia relating to the protection of children.
    2. During the Period, you must comply with all of your legal obligations under the Child Protection Laws with respect to filming at the Location.
    3. Without limiting the generality of clause 11(b), you, and your Representatives (if any), must have a current working with children check clearance in:
      1. New South Wales; and
      2. if you, or your Representatives (if any), do not reside in New South Wales, the state or territory in which you reside,

      and you, and your Representatives (if any), must maintain such a clearance for the Period.

  1. Indemnity by you to MMP
    You will indemnify and hold MMP harmless against any and all losses and expenses suffered or incurred by MMP as a result of any claim being made on MMP in respect of:
    1. the death of, or injury to, any person occurring at the Location during the Period; or
    2. the loss or destruction or damage to the property of any person (including MMP) at the Location during the Period,
  1. Liability
    1. MMP is not liable to you or your Representatives for any loss of life, personal injury or damage to or loss of property which may be suffered or incurred arising out of you using the Location for the Film, unless caused by the negligent act or omission or default of MMP.
    2. MMP is not liable for loss of profit or consequential damages, whether based on breach of contract, warranty or otherwise.
  1. Notices
    1. All notices required under these Terms and Conditions must be in writing.
    2. If the notice is to MMP, then you must use the following address:
      Name: Mary MacKillop Place
      Attention: General Manager
      Physical address: 7-11 Mount Street, North Sydney NSW 2060
      Email address: carmel.yahl@mmp.org.au
      If the notice is to you, then MMP must use the contact details provided by you in the Filming Application Form.
    3. Both MMP and you may change the details for providing notice by providing notice in accordance with this clause 14.
    4. Notice is sent by the sender and received by the recipient:
      1. if delivered by hand, upon delivery to the receiving party;
      2. if sent by registered mail within Australia, seven Business Days after the registration of the notice of posting;
      3. if sent by ordinary mail within Australia, five Business Days from and including the date of postage;
      4. if sent to or from overseas by air mail, 10 Business Days from and including the date of posting; and
      5. if sent by email, on the Business Day it is sent, unless the sender receives, within that period, an automated message that the email has not been delivered.
    5. In this clause 14, a reference to a person receiving a notice includes a reference to the recipient’s Representatives.
    6. If a notice is received outside business hours, then it is deemed received the next Business Day.
  1. Updates to these Terms and Conditions
    MMP may amend these Terms and Conditions from time to time, with or without notice to you. MMP recommends that you visit MMP’s website regularly to keep up to date with any changes.
  1. General
    1. These Terms and Conditions are subject to the laws of New South Wales. The courts of New South Wales have exclusive jurisdiction over any disputes arising in respect of these Terms and Conditions.
    2. If due to:
      1. earthquakes, fires or other physical natural disaster; or
      2. acts of war, acts of terrorism, riots, civil or military disturbances, national or statewide industrial disputes (excluding actions by, between or originated among employees of a party),

      a party is unable to fulfil its obligations under these Terms and Conditions within a reasonable timeframe, that party will not be responsible for any loss or damage arising out of any such events beyond their control.

    3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms and Conditions.
  1. Definitions and interpretation

    17.1 Definitions
      • Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales.
      • Catholic GST Religious Group means the Catholic GST Religious Group confirmed by way of private ruling (dated 26 February 2001) from the Commissioner of Taxation to the Australian Catholic Bishops’ Conference, for the purposes of section 49-30 of the GST Law.
      • Deposit has the same meaning it has in clause 5.1(b).
      • Fee means the fee payable by you to MMP under clause 5.
      • Film means the film or photographs that you propose to record at the Location, and that have been approved by MMP and yourself.
      • Filming Application Form means the filming application form that you must complete in order to apply to film at the Location (or at the Mary MacKillop Place Site more broadly), as prescribed by the General Manager from time to time.
      • General Manager means the general manager of the Mary MacKillop Place Site, or the person that holds an equivalent role at the Mary MacKillop Place Site, from time to time.
      • GST means goods and services tax, payable under the GST Law.
      • GST Law means the A New Tax System Goods and Services Tax Act 1999 (Cth).
      • Location means:
        1. for the purposes of the Filming Application Form, the location in the Mary MacKillop Place Site that you have applied to film at; and
        2. in general, once your application is approved, is the location in the Mary MacKillop Place Site that you have been approved to film at (as agreed by MMP and you) – this meaning is affected by clause 2.
      • Mary MacKillop Place Site means the whole of the Mary MacKillop Place site in North Sydney, New South Wales, which is located at 7-11 Mount Street, North Sydney NSW 2060 (being Lot 1 in Deposited Plan 225258).
      • MMP means Trustees of the Sisters of Saint Joseph (ABN 33 293 441 659), in its capacity as the Roman Catholic Church Communities’ Lands Act 1942 (NSW) body corporate that operates Mary MacKillop Place (ABN 71 504 096 645) as an internal ministry.
      • Period means the period where you have been approved by MMP to film at the Location, and is affected by clause 4.
      • Representatives means, with respect to a party, any of that party’s directors, officers, employees, independent contractors, agents, consultants, advisors, and other representatives.
      • Terms and Conditions mean these terms and conditions for filming at the Mary MacKillop Place Site, as amended from time to time.
      • you means the individual or organisation that has been approved by MMP to film at the Location.

    17.2 Interpretation

    In these Terms and Conditions:

      1. a reference to a clause is a reference to a clause in these Terms and Conditions unless otherwise stated;
      2. references to a person or words denoting a person includes a company, statutory corporation, partnership, joint venture, association and includes that person’s legal personal representatives, executors, administrators, successors and permitted assigns;
      3. where any word or phrase is defined in these Terms and Conditions, any other grammatical form of that word or phrase will have a corresponding meaning;
      4. the word ‘including’ or similar expressions mean that there may be more inclusions or examples than those mentioned after that expression; and
      5. all monetary amounts are in Australian dollars.

LAST UPDATED: MARCH 2025