Terms & Conditions
Issued in accordance with the Department of Employment Regulations 1973, the Agency's booking confirmation form, containing the specific terms of the booking, must be signed and returned by the client. The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions and they shall apply to and govern the booking between the Agency and the client.
Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless the Agency has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has been included on the booking confirmation form.
General
Under no circumstances will The Agency 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.
These conditions constitute the entire contract and may not be varied otherwise than in writing signed by an authorised signatory on behalf of the Agency.
Nothing in these conditions is intended to exclude restrict or modify liability on the part of the Agency resulting from negligence or otherwise unless permitted by statute.
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.
Any discounts offered on the Agency hires are exclusive. They cannot be combined. Except for company wide or pre-agreed discounts, the higher discount will always be applied. In the case of special offers these must be requested at time of booking, and will not automatically be applied.
Noise levels should be kept to an acceptable level at all times. Our studios unfortunately have neighbours.
Studio Hire
The studio is available for daily use between 0800hrs and 1800hrs. Use outside these hours is not permitted unless previously agreed in writing by the Agency.
The studio may be provisionally booked by email and the booking should be confirmed within 48 hours. <br>
If the client wishes to postpone a confirmed booking this must be done at least 72 hours before the hire period starts or 50% of the full studio booking rate will apply.
Bookings may only be extended with the prior consent of the Agency, and agreed '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.<br>
The Client must observe all regulations governing the use of the studio and of any equipment and services whether imposed by the Agency or by any statutory body or local authority.
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 the Agency.
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 cleint otherwise additional charges will apply.
No alterations, decorations or additions to the Studio are permitted without the consent of the Agency.
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 the Agency arising out of any breach of this condition.
The studio is strictly no smoking, which includes the use of fire, haze and smoke machines. If smoke alarms are set off a fine of £250 will be imposed.
Hire of Services and Equipment
All equipment and services are supplied by The agency entirely at the risk of the client. The Agency 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.
The client must notify the Agency at the time of supply if the condition of any equipment is not acceptable.
In no circumstances shall the Agency 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.
The client may not without the written consent of the Agency:
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; nor
e. part with possession sell pledge encumber or suffer any lien to be created on the equipment.
Where at the request of the client, the Agency supplies to the client 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 the Agency shall not be liable for loss or damage of any kind however caused.
The Agency 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 the Agency or any other person whose services are supplied to the client.<br>
The hire period for services or equipment cannot be extended otherwise than with the consent of the Agency.
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 the Agency 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.
Equipment and services may be provisionally booked by email and the booking should be confirmed within 24 hours.
Bookings may only be extended with the prior consent of the Agency, a minimum overtime rate of £50 p/h will be applicable to hires that run over the booked time.
Payment and Additional Charges
Unless otherwise agreed in writing all transactions will be settled in agreement with the Agency payment terms set out in our terms and conditions before the commencement of the hire period. Accounts must be settled within 14 days of the date of invoice. Prices may be varied without notice to the Customer.
Any due amount unpaid shall be liable to interest at 5% above the Bank of England base rate.
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 the Agency or the agreed hire period ends whichever is later, the Agency will charge for additional hire hours at the published hourly rates. The Agency reserves the right to make an additional hourly labour charge to cover any costs incurred by the Agency as the result of failure to comply with these terms and conditions.
Any additional equipment, services, staff or modifications to the confirmation of booking will be billed to and paid for by the client.
At the end of the hire period the client may be charged at the discretion of the Agency an additional rental where the studio or any item of equipment is delivered to or returned to the Agency in a bad or damaged condition so as to preclude use or hire of the said studio or equipment.
Where the Agency is required to place a security deposit with any third party for the hire of any item of equipment such deposit shall be paid to the Agency by the client when the booking is made.
The Agency shall have a general lien on any film, media or other equipment digital or otherwise or property in the possession of the Agency or in the studio premises for the payment of any monies due to the Agency from the client.
Exclusions of Liability
The Agency 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:
- any damage to or loss of property by the client or the clients servants or agents or any third party.
- any breakdown stoppage or failure of the facilities and equipment provided in the Studio or any other equipment supplied to the client by the Agency.
- 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 the Agency or the servants or agents of the Agency.
for any fines and/or legal costs incurred by the Agency or the client for any activity connected with the hire of the studio or equipment.
any failure on the part of the Agency to comply with its obligations to the client due to any circumstances beyond the control of the Agency. - for any fines and/or legal costs incurred by the Agency or the client for any activity connected with the hire of the studio or equipment.
any failure on the part of the Agency to comply with its obligations to the client due to any circumstances beyond the control of the Agency. - any failure on the part of the Agency to comply with its obligations to the client due to any circumstances beyond the control of the Agency.
Indemnity
The client shall at all times keep the Agency indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against the Agency or the servants or agents of the Agency 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 the Agency even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of the Agency its directors servants or agents save in respect of any death or personal injury caused by the negligence of the Agency as aforesaid.
Termination
The Agency may summarily terminate any hire contract with the client upon the happening of any of the following events:<br>
if the client shall fail to pay any of the monies due to the Agency or dishonour any cheque paid to it; or
if the client enters into liquidation (other than for the purposes of amalgamation or reconstruction) or shall have a receiver of its assets appointed or being an individual shall be declared bankrupt or having a receiving order made against them;
if the client shall be in breach of any of the terms of these conditions and any such termination shall be without prejudice to any rights accrued to the Agency against the client prior to the date of termination.
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.