Studio Hire - Terms and Conditions
Definitions
In these conditions the following expressions have the following meanings:
“the Client” any person or firm or company dealing with BAD STAR Studios or any servant or employee of such a person, firm or company.
“Services” shall include all studio facilities and the services of assistants, technicians, operators and other personnel of BAD STAR Studios or of any sub- -contractor of the Company.
“Equipment” all studio fixtures, props and other equipment provided by BAD STAR Studios or by its nominated sub- -contractors.
“Studios” the premises of BAD STAR Studios for the time services and equipment are Provided.
General
1. BAD STAR Studios will insure the studio and equipment against all normal insurable risks but not further or otherwise. The Client must effect its own insurance cover against. consequential loss of profit and other risks and must effect its own cover against loss, damage or theft of any of its own equipment brought onto the studio. Under no circumstances will BAD STAR Studios entertain any claims arising out of any failure of the Client to effect its own insurance cover. The Client must ensure that their Public Liability insurance is operative for all persons in the studio during the hours of use to cover any accident, injury or death.
2. These conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorised signatory on behalf of BAD STAR Studios.
3. Full details of the BAD STAR Studios services and charge rates are set out in the BAD STAR Studios Equipment Hire and Sales Rates document, which may be varied by BAD STAR Studios without notice.
4. Nothing in these conditions is intended to exclude, restrict, or modify liability on the part of BAD STAR Studios resulting from negligence or otherwise unless permitted by Statute.
5. The Client is responsible for any breakages, loss or damage occasioned to the equipment or the studio caused by, or arising from the Client use thereof or by any servant agent employee or sub- -contractor of the Client.
6. Any discounts offered on BAD STAR Studios hires are exclusive. They cannot be combined. Except pre- -agreed discounts. In the case of special offers these must be requested at time of booking, and will not automatically be applied.
Hire Fees
Unless agreed otherwise in advance with The Studio, the hire rate for photographic shoots is £400 for a standard day or as agreed with The Studio manager prior to the “Hire Period”. Overtime can be charged at 2 times of the normal rate with a minimum 30 minutes overtime charge. The Studio reserves the right to refuse bookings for any reason at its sole discretion.
Studio Hire
1. The studio is available for daily use between 08:30hrs and 18:00hrs. Use outside these hours is not permitted unless previously agreed in writing by BAD STAR Studios.
2. The studio may be provisionally booked by email and the booking should be confirmed before 24 hours of the booking start date. The Customer will be further required to sign a Studio Hire Agreement Form which is binding to these conditions.
3. If the Client wishes to postpone a confirmed booking this must be done at least 48 hours before the hire period starts.
4. If the Client wishes to cancel a confirmed booking within 24 hours of the start time the Client will be charged the full day rate.
5. If the Client wishes to cancel a confirmed booking within 5 working days of the start time the Client will be charged 50% of the full day rate.
6. Bookings may only be extended with the prior consent of BAD STAR Studios, and published ‘overtime’ rates will be applicable to hires that run over the booked time. Clients must ensure that set up and take down time takes place within the hours booked.
7. The Client must observe all regulations governing the use of the studio and of any equipment and services whether imposed by BAD STAR Studios or by any statutory body or Local Authority.
8. The studio is available for the exclusive use of the Client named in the booking and the Client is not permitted to sub- -contract sub- -let or otherwise permit any third party to utilise the studio without the prior written consent of BAD STAR Studios.
9. Any materials used in connection with sets constructed by the Client as well as any rubbish shall be removed from the studio at the end of the hire period at the expense of the Client otherwise additional charges will apply.
10. No alterations, decorations or additions to the studio are permitted without the consent of BAD STAR Studios. At the end of the hire period the studio must be surrendered in the same condition that it was in at the start of the hire period. The Client shall pay any costs incurred by BAD STAR Studios arising out of any breach of these conditions.
Hire of Services and Equipment
1. All equipment and services are supplied by BAD STAR Studios entirely at the risk of the Client. BAD STAR Studios shall not be liable for loss or damage of any kind to material or props or equipment entrusted to it however caused including consequential loss and loss of profit.
2. The Client must notify BAD STAR Studios at the time of supply if the condition of any equipment is not acceptable.
3. In no circumstances shall BAD STAR Studios be liable for any loss or damage, including consequential loss, however caused arising out of the use or the inability to use the equipment supplied or agreed to be supplied.
4. The Client may not without the written consent of BAD STAR Studios:
a. Remove the equipment from the studio premises; or
b. Modify or alter or tamper with the equipment in any way; nor
c. Use the equipment in a manner not recommended by the Manufacturer; nor
d. Allow or suffer the equipment to be used by any untrained or unauthorised personnel.
5. Where at the request of the Client, BAD STAR Studios supplies the services of assistants, sub- -contractors, freelancers or other persons such persons shall be deemed to be the servant of the Client and the said services shall be deemed to be rendered by the Client and BAD STAR Studios shall not be liable for loss or damage of any kind however Caused.
6. BAD STAR Studios shall not be liable for any loss or damage howsoever arising out of any statement advice instruction or any other representation given or made by any servant of BAD STAR Studios or any other person whose services are supplied to the Client.
7. The hire period for services or equipment cannot be extended otherwise than with the consent of BAD STAR Studios.
8. Equipment must be returned promptly at the end of the hire period in good condition (save for fair wear and tear). The Client shall pay or compensate BAD STAR Studios for the replacement value of lost or damaged equipment or in respect of any cancellation or variation of any order or failure to return the equipment on time.
9. Equipment and services may be provisionally booked by email and the booking should be confirmed within 24 hours. The Client will be further required to sign an Equipment Hires and Sales form which is binding to these conditions.
10. Bookings may only be extended with the prior consent of BAD STAR Studios, and published overtime rates will be applicable to hire periods that run over the booked time.
Payment and Additional Charges
1. Unless otherwise agreed in writing all transactions will be settled in agreement with BAD STAR Studios payment terms set out in our terms and conditions before th commencement of the hire period. Authorised account holders must settle accounts within 30 days of the hire date.
2. Any due amount unpaid shall be liable to interest at 8% above the Bank of England base rate.
3. The hire charge commences when the studio and/or equipment is made available to the Client whichever is the earlier and terminates when the studio and/or equipment is surrendered or returned to BAD STAR Studios or the agreed hire period ends whichever is later, BAD STAR Studios will charge for additional hire hours at the published hourly rates. BAD STAR Studios reserves the right to make an additional hourly labour charge to cover any costs incurred by BAD STAR Studios as the result of failure to comply with these Terms & Conditions.
4. Any additional equipment, services, staff or modifications to the confirmation of booking will be billed to and paid for by the Client.
Exclusions of Liability
BAD STAR Studios shall not be liable to the Client for any loss damage expense liability or for any consequential loss (including loss of profit) whatsoever or howsoever arising out of or in connection with any of the following:
1. Any damage to, or loss of property by the Client, or the Clients servants or agents or any third party.
2. Any breakdown stoppage or failure of the facilities and equipment provided in the studio or any other equipment supplied to the Client by BAD STAR Studios.
3. Any death or injury occasioned to any Client or servant or agent of any Client occasioned by the use of the studio or any equipment unless such death or injury is directly attributable to the negligence of BAD STAR Studios or the servants or agents of BAD STAR Studios.
4. For any fines and/or legal costs incurred by BAD STAR Studios or the Client for any activity connected with the hire of the studio or equipment.
5. Any failure on the part of BAD STAR Studios to comply with its obligations to the Client due to any circumstances beyond the control of BAD STAR Studios.
Indemnity
The Client shall at all times keep BAD STAR Studios indemnified against all actions, proceedings, costs, charges, claims, expenses, and demands whatsoever which may b made or brought against BAD STAR Studios or the servants or agents of BAD STAR Studios by any third party in respect of any alleged injury loss damage or expense arising out of or in connection with the use of the studio or equipment or services supplied by BAD STAR Studios even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of BAD STAR Studios, its directors, servants, or agents, save in respect of any death or personal injury caused by the negligence of BAD STAR Studios as aforesaid.
Termination
BAD STAR Studios may summarily terminate any hire contract with the Client upon the happening of any of the following events:
Applicable Law
These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island.
Variation
These Terms and Conditions shall not be varied except by agreement in writing.