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KAMEHAMEHA SCHOOLS—LAND ASSETS DIVISION

Commercial Filming and Photography on Kamehameha Schools Land


Guidelines for Natural and Cultural Resource Protection

Kamehameha Schools landholdings include approximately 365,000 acres of land in 59 ahupua‘a on five islands in the State of Hawai‘i.
These landholdings are part of a land legacy passed down to Ke Ali‘i Bernice Pauahi, traceable to the lineages of Kohala and Kona
chiefs and foreign advisors that aided Kamehameha I in his unification of the Hawaiian Islands.

Kamehameha Schools (KS), by mission and strategic mandate, currently manages these lands for the balance of their diverse values,
with vested interests in the wellbeing of community, health of native ecosystems, proper stewardship of important cultural sites,
economic vitality of local businesses and farms, opportunities for place-based education, and the generation of revenue to support our
educational mission. Certain commercial filming and photography projects may be appropriate and compatible uses of KS
landholdings when prudent measures are taken to avoid and/or mitigate any impact to the natural and cultural resources present.

Our knowledge of these resources can vary from area to area, and within each area. The constantly evolving nature of these resources
and our understanding of them does not allow for them to be generalized into broad categories of use and non-use for commercial
filming purposes. All film requests are evaluated on a case-by-case basis to ensure that the integrity of each of the KS values is being
evaluated and upheld.

In preparing your application to film or photograph on KS land, please consider the following reasons for evaluation.

Protecting Natural and Cultural Values


Filming on KS’ incredible scenic landscapes can be accomplished successfully and responsibly with appropriate attention to sensitive
natural and cultural environments.

KS landholdings include outstanding examples of the intact native ecosystems and cultural landscapes that are central to the history of
the Hawaiian people and their vibrant culture and well-being. These environments can be sensitive to the impacts of even prudent use
and in certain cases may contain sites, structures, or other effects for which access and permission to view is restricted. At some sites,
image capture and/or video or audio recording is never or rarely permissible. In other areas, any entry may unnecessarily expose
sensitive ecosystems to the seeds, pests, and chemical, mechanical and other impacts borne on human and vehicular traffic and by
performing animals. For these reasons, KS requires all commercial filming and photography projects on KS land to disclose specific
information at the time of application and if permitted, comply with certain basic mitigation requirements during and after filming.
Please review the standard permit terms and note that projects at especially sensitive locations may require additional mitigation,
examples of which are given.

Portraying Kamehameha Schools’ Christian and Hawaiian Values


KS, as a values-based educational institution, gives careful consideration to the manner in which films shot on KS land portray the
organization, Hawaiian beneficiaries, their history and ancestors.

Application Review and Fees


Requests for filming permits are reviewed on a case-by-case basis and responses typically require 10 business days from the date the
application is submitted and payment of application fee is received. Applications should be submitted as far in advance as possible
and at least 14 days prior to the requested date of production.

The standard application fee of US $250.00 is required for applications for film and photography permits. Other fees attributed to
filming or photography includes, but is not limited to:

ALL FEES REFLECT DAILY Film/Video Commercial Still Photography


RATES
1-4 Vehicles and up to 10 people $2,500 $1,500
5-8 Vehicles and up to 20 people $3,500 $2,500
Standard Requirements of Permittee at Time of Permit Application
1. Disclose any intended direct or indirect alteration or disturbances to the natural environment, including movement of earth,
rocks, soil; clearing of vegetation; erosion by vehicular traffic; interactions with wildlife; or other impacts as anticipated.
2. Disclose any intent to bring earth, rocks, soil, vegetation or plant matter (including straw or hay), animals, or other natural
resources from elsewhere to the filming site. If permission to bring animals is requested, applicant must specify how and
where animals will be tethered, leashed, or caged, as required, while on KS land.
3. Disclose any intent to use pyrotechnics or real or simulated fire.
4. Indicate whether filming will occur on the ground and/or from aircraft; and where aircraft will take off and land, as
appropriate.
5. Specify the number of cast and crew, and number and size of vehicles and/or aircraft. Applicant should also indicate any
other filming sites where the same vehicles and/or aircraft will have been used.
6. Review standard mitigation requirements for during/after shoot and acknowledge that additional mitigation may be required.
7. Comply with other KS requirements as necessary (e.g. provide script or synopsis for editorial review).

Standard Requirements of Permittee, During and After Filming or Photography


1. Permittee shall not disclose the name or specific location of filming or photography, or that KS lands were the location for
filming or photography without prior approval from KS. Permittee may acknowledge KS in general credits for the project.
2. Only animals approved for use through the permit application may be brought onto KS land. These animals must remain
under the permit holder’s control (i.e. tethered, leashed, caged) at all times while on KS land. Animals will not be tethered or
leashed to trees unless expressly authorized in advance by KS. Animals may only be unleashed when trainers are present,
and the animals are under control to the satisfaction of KS, and adequate measures to prevent escape (e.g. fencing, catching
devices) have been deployed.
3. Permit holder will remove all animals brought for filming from KS land when not using them for production purposes.
4. Under no circumstances shall any animals (mammals, fishes, birds, reptiles, or others) be released on KS land prior to,
during, or after filming.
5. No disturbance or clearing of vegetation will be allowed without express prior approval by KS.
6. In areas where imported plant materials or vegetation is used, KS may require the permit holder to treat the area to kill or
remove exotic or noxious weeds, and/or deposit funds for subsequent removal by KS.
7. Aircraft must maintain a minimum height of 500 feet above any wildlife habitat as requested by KS.
8. Permittee shall dispose of all garbage, trash, food, supplies, temporary props, animal feces, and/or other debris on a daily
basis. Area shall be returned to original condition to the satisfaction of KS, subject only to reasonable wear and tear, and
Force Majeure.
9. Permittee will be required to mitigate any adverse environmental and aesthetic impacts resulting from the access, particularly
the creation of any new trails to the extent caused directly by the Permittee during the term of this agreement.
10. Permittee shall ensure that all necessary clean-up activities are completed immediately after and no later than 24 hours
following completion of filming. Major sets, props, or constructed features must be removed within 48 hours following
completion of use, unless prior arrangements are made with KS.

Sample Additional Requirements (may be applicable in sensitive natural environments)


1. All cast and crew may be required to thoroughly brush, scrub, and/or wash gear, footwear, apparel and costumes to prevent
the introduction of noxious weed seeds and/or insects to sensitive natural environment.
2. Permit holder may be required to ensure that all production vehicles entering KS land be cleaned, including washing off all
mud, hosing off the vehicle’s undercarriage, and vacuuming the vehicle’s interior prior to entering KS land.
3. Permit holder may be required to ensure that all performing animals be thoroughly washed before being brought onto KS
land.
4. In active pastures, Permittee shall ensure that there will be absolutely no flying over the grassland area of the property by
helicopter or otherwise by Permittee.

Sample Terms for Rights of Entry and Filming Permits


KS reserves the right to refuse entry or use of any portion of the described area should KS’ representative on site feel entry would not
be in the best cultural or environmental interest of KS.

KS shall not be liable for any third parties involved in connection with the filming of this project, and Permittee shall be solely liable
for any and all third parties involved, as well as securing and paying of any of these individuals to the extent directly caused by the
Permittee during the term of this agreement.

The right of entry given to Permittee by this Agreement is exclusive only to the portion of the subject area as defined in this
agreement.

KS and Permittee reserves the right to jointly inspect the property prior to and following Permittee’s use, specifying in writing all
existing damage, if any. KS reserves the right to submit in writing within ten (10) days of the Permittee vacating the property a
detailed list of all damage for which KS claims Permittee is responsible, and KS shall permit Permittee’s representatives to inspect
such damage. If KS fails to timely submit such list, KS waives the right to claim Permittee damaged the property.

For the avoidance of doubt, in no event shall KS be entitled to enjoin the development, production, distribution or exploitation of any
motion picture or still photography project in connection herewith.

As Owner of the Property, KS, or authorized representative thereof (with the Right and Authority to enter the Agreement and grant the
rights granted hereunder) and Permittee [for use solely in connection with this project] acknowledge and agree that all rights of every
kind in every media (whether now known or unknown) in and to all photography and sound recordings made by Permittee hereunder
shall be solely owned in perpetuity by Permittee, and neither KS nor any tenant or other party now or hereafter having an interest in
the Property shall have any right of action, including without limitation any right to injunctive relief, against Permittee and/or any
other party arising out of any use or non-use of said photography or sound recordings. KS agrees that KS will not assert or maintain
against Permittee any claim of any kind or nature whatsoever, including but not limited to those based upon invasion of privacy or
other civil rights, defamation, copyright or trademark infringement, libel, or slander, in connection with the exercise of the permission
or rights herein granted. Permittee shall not have the right to refer to the Property by its real name without prior approval from KS.
Permittee shall have the right to refer to the Property by a fictitious name, and to attribute fictitious events as occurring on the
Property. For the avoidance of doubt, Permittee shall not be obligated to make any actual use of the photography, recordings,
depictions, or other references to the property in any motion picture, print material or otherwise.

KS acknowledges that the Property is a primary location for use by Permittee as part of the filming or photography project and that
any interference by KS or KS’ representative shall cause Permittee substantial monetary and other damages that cannot be adequately
compensated in an action for damages. Accordingly, KS agrees that Permittee shall be entitled to injunctive and other equitable relief
to prevent such interference. KS further agrees to cooperate with Permittee in connection with the filming or photography shooting,
not to change the appearance of the Property as of the date hereof, and not to interfere with Permittee’s purposes hereunder.”

Owner shall keep confidential all matters relating to this Agreement and the filming or photography project.

Permittee will not be permitted to sell photos of the subject area.


KAMEHAMEHA SCHOOLS—LAND ASSETS DIVISION
Permit Application for Commercial Filming and Photography
Please complete and submit required documentation and application fee to:
Kamehameha Schools Land Assets Division, 895 Kauhiula Rd, Hilo Hawaiʻi 96720

1. Basic Information

Production Agency Mailing Address

Primary Contact

Phone

Fax e-mail

Insurance Provider(s)

Coverage/ Limit(s)

2. Proposed Project

Project Title

Media Film/Television Photography


□ Feature-length □ Fine art
□ Documentary □ Images licensed for commercial reproduction
□ Television production □ Print advertisement
□ Television advertisement □ Other:
□ Other:

Production Production
start date end date

# Cast # Crew

Will this project portray Native Hawaiians and/or Hawaiian culture? □ Yes □ No

If yes, explain:

Synopsis

Please feel free to attach any script(s), storyboards, promotional media as relevant.

Would the project include any of the following? □ Nudity/ Sexual □ Drugs/alcohol □ Criminal
content activity

If checked,
explain:
3. Production Needs
Please check:
□ This production will be situated on lands owned by □ This production will not be situated on but will
Kamehameha Schools. include within the frame or shot lands owned by
Kamehameha Schools.

TMK(s) TMK(s)

Site description Shot description

Please include a map or photograph if it will help Please include a map or photograph if it will help
illustrate the exact production area. illustrate the locations to be filmed.

□ Suggestions for alternative sites similar to the one(s) described above, if the desired site is inappropriate or unavailable, would be
welcomed.

Will production require the use of vehicles on Kamehameha Schools land? □ Yes □ No
If yes, number and
type of vehicles:

Will all production vehicles remain on existing roads? □ Yes □ No

If no, explain:

Where will vehicles be driven prior to being driven on KS land?

Will production require aerial filming above Kamehameha Schools land? □ Yes □ No

If yes: Elevation above ground: Location of take-off/ landing

Will production require any of the following actions? If yes, please attach a separate sheet explaining the nature and location of each action.
Movement of earth, soil, sand, rocks □ Yes □ No
Importation of earth, soil, sand rocks □ Yes □ No
Removal of earth, soil, sand rocks □ Yes □ No
Clearing of vegetation □ Yes □ No
Pruning or modification of vegetation □ Yes □ No
Importation of vegetation or plant material (e.g. hay or straw) □ Yes □ No
Removal of vegetation or plant material □ Yes □ No
Interactions with wildlife □ Yes □ No
Importation of wildlife. Importation of wildlife onto KS land is prohibited. □ Yes □ No
Use of performing animals □ Yes □ No
Fire/Pyrotechnics □ Yes □ No

Please sign to indicate that you have reviewed the standard requirements for filming permits on KS land and understand that
additional requirements may also be necessary to mitigate impact on especially sensitive resources.

Print name Signature Date

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