Re: Permission to Photograph, Video or Film
To Whom It May Concern:
This letter, together with the Peabody Museum Policy on Filming in Galleries, attached as
Addendum A, sets forth the terms and conditions under which the President and Fellows of Harvard
College, acting through the Peabody Museum of Archeology and Ethnology (“Harvard”) will grant to
Quadra Productions Inc. (“Producer”) the right to make still photographs, film, video and audio
recordings of certain objects in the Peabody Museum of Archeology and Ethnology (the “Location”),
specifically certain exhibits in Peabody Museum Galleries (the “Recordings”) for the television
program entitled “Jeopardy!” (the “Program”). If and when the terms of this letter, including the
terms of Addendum A, are accepted by Producer, it will constitute a contract between Producer and
Harvard.
1. The Recordings will be made only in the Location of the Peabody Museum of Archeology and
Ethnology on DECEMBER 13, 2013.
2. Those employed by Producer will follow any and all reasonable instructions that may be issued by
Harvard personnel.
3. In the conduct of activities at Harvard and on Harvard property, Producer will act in accordance with
all applicable federal, state, and municipal laws, ordinances, and regulations.
4. Producer will be fully responsible for Producer’s actions and the actions of Producer’s officers,
employees, and agents and except if due to the negligence or willful misconduct of the Indemnities,
Producer will hold Harvard and its officers, employees, and agents (the “Indemnitees”) harmless from
and indemnify them against:
(1) any and all liability for any acts or omissions caused solely by Producer and/or its officers,
employees, and agents, including without limitation acts or omissions resulting in the death of or injury
to any persons or damage to the Peabody Museum Galleries or any objects or other property therein ;
and (2) any and all claims and liability resulting from Producer’s use or exploitation of the Recordings
or exercise of the rights hereby granted. Producer will be responsible for costs, including reasonable
outside attorneys’ fees, incurred by Producer in defending against any such claim or liability.
5. Harvard does not warrant that it controls all rights necessary to permit public display of the
Recordings, including without limitation, public display of the images of objects in the Peabody
Museum Galleries. Producer is responsible for determining if any other permission is required and for
obtaining any and all other permissions, releases, permits and licenses that may be necessary.
6. Producer or Producer’s payroll services company will maintain worker's compensation insurance as
required by law and a fully-paid Commercial General Liability insurance policy, alone or in
combination with excess/umbrella liability insurance with limits of not less than $1,000,000 per
occurrence and $2,000,000 aggregate annual liability with respect to bodily injury, personal injury,
and property damage. Producer will provide Harvard with a certificate of insurance naming Harvard as
an additional insured on the above referenced liability policy(ies) prior to making the Recordings on
12/13/13.
7. Producer will be fully responsible for the content of Recordings and Producer will not represent in
any way that Harvard is responsible for, has endorsed, or is connected with Producer’s enterprise.
Harvard hereby grants to Producer the rights to use the name, emblem or logo of ”Peabody Museum of
Archaeology and Ethnology” in connection with the Recordings. No rights are granted to use the
emblem or logo of Harvard.
8. Producer shall own all rights of every kind in and to the Recordings made, recorded and/or
developed in accordance with this Agreement, in and in connection with one or more episodes of the
Program only, including the irrevocable right to use such recordings in in-context advertising,
publicity, and promotion of the Program. Notwithstanding the foregoing, Producer hereby agrees not
to use the Recordings in any manner that is not related to the exhibition, adveritising, publicity or
promotion of the Program without the express written consent of Harvard not to be unreasonably
withheld.
9. Producer will not use the Recordings in any way that would tend to embarrass or disparage Harvard,
its students, employees, or museum collections.
10. All rights of every kind in and to the Recordings shall be and remain vested in Producer and its
successors, assigns, and licensees.
11. Subject to Harvard’s execution of Producer’s Standard DVD Loan Agreement and after the initial
airdate of episode(s) of the Program that include the Recordings, Producer will give to Harvard one
DVD of the Program.
12. Producer agrees to identify the Peabody Museum as the custodian of the objects filmed and to
identify Peabody Museum staff or affiliates interviewed in the film as Peabody Museum staff or
affiliates in appropriate closing credits.
13. Producer also will be responsible for reasonable costs incurred by Harvard in connection with
Producer’s activities on Harvard’s property, including any and all clean-up and repair costs. Producer
will make payment for such expenses promptly upon presentation of invoices for the same.
The rights and remedies of Harvard in the event of any breach by Producer of this Agreement shall be
limited to Harvard’s right to recover damages, if any, in an action at law. In no event shall Harvard be
entitled to injunctive relief as respects the production, distribution, exhibition or other exploitation of the
Program. This agreement contains the entire agreement between the parties with respect to the
transactions contemplated hereby, may be executed in multiple counterparts as a sealed instrument to
be governed by Massachusetts law, can be amended only by an instrument signed by the parties, and is
dated as of December 4, 2013. All disputes hereunder shall be resolved by arbitration. 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 parties consent to the jurisdiction of such arbitration and waive any
jurisdictional or venue defenses otherwise available.
PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ACTING THROUGH THE PEABODY
MUSEUM OF ARCHEOLOGY AND ETHNOLOGY
Addendum A Policy on Filming in the
Museum Galleries for Educational or
Commercial Publication
9-1-02
Exhibit galleries or other office locations in the Peabody Museum may be used as venues for educational or commercial
films or photography. All requests and arrangements for filming should be made through the Peabody Museum
Communications ([email protected], 617-495-3397) at least two weeks prior to filming or photographing. Requests
will be forwarded to the Director’s Office for approval. Only the director’s office can approve requests to film or
photograph in the galleries.
Please note the following:
1) A list of locations to be filmed must be provided to the Peabody Museum prior to filming with at least two weeks advance
notice. Selecting these locations might require an advance visit to the Peabody by the filmmaker. Secure storage areas
are not available. All logistical concerns such as freight elevator access and availability, power supply, etc. must be
arranged prior to filming.
2) A schedule for filming must be agreed upon in advance with the Peabody Museum. Filming hours are on weekdays only,
from 9:00 am to 5:00 pm. Filming after 5:00 pm or on holidays is not permitted. All filming days must start in the
morning, even if only a half-day is anticipated.
3) Museum artifacts may be handled only by Peabody Museum–designated personnel. A responsible staff member will be
present at all times during filming to facilitate the project.
4) A list of artifacts to be filmed must be provided to the Peabody Museum prior to filming with at least two-weeks advance
notice. Selecting these artifacts might require an advance visit to the Peabody by the filmmaker.
5) No equipment or weight should be placed on or against exhibit cases.
6) Exhibit cases cannot be opened for filming without prior arrangement.
7) Galleries may not be closed to the public during filming without prior arrangement. The third-floor galleries are also
emergency exit routes and may not be closed under any circumstances.
8) All personnel associated with the filming will be issued a badge that must be worn at all times. Persons found filming in
the galleries without a badge will be asked to leave.
9) The Peabody Museum will provide a contract that must be signed prior to filming.
10) Permission to film or photograph in the Peabody Museum galleries does not extend to the galleries of the Harvard
Museum of Natural History in the same building. Permission to film in HMNH galleries must be requested from
HMNH (Blue Magruder, 617-496-0049, [email protected]).
11) Payment of location use or rental fees does not constitute an endorsement by the Peabody Museum of products and
services portrayed in the final product.