Studio Hire Terms
STUDIO HIRE TERMS (SCROLL DOWN FOR PHOTOGRAPHY SERVICES TERMS)
By making a studio hire booking with Art of Light Studios you agree to these terms and conditions. If you do not accept these terms you should not proceed with your booking and you should notify us immediately (prior to undertaking your booking).
In these terms and conditions:
Authorised Purpose means the taking of still photographs or videos.
Building means the building in which the Studio is located.
Equipment means any all equipment, furniture, or fittings located in the Studio.
Hire Date means the date in which the Hiring Period occurs.
Hire Period means the period for which the Hirer has hired the Studio.
Hirer means the party hiring the studio.
Hiring Charges means the money paid by the Hirer to the Studio for the hire of the Studio Space.
Participant means any agent, employee, contractor, guest of the Hirer and any other party invited into the studio by the Hirer.
Studio means the studio space located at 3/332 Darling Street, Balmain, NSW 2041
We / Us / Our means Art of Light Studios ABN 76 512 561 567
1. GRANT OF LICENCE TO USE VENUE
a. In consideration of the Hirer paying the Hiring Charges, we hereby grant the Hirer a non-exclusive licence to occupy and use the Studio for the Hire Period.
b. The rights granted to the Hirer are a non-exclusive licence only and nothing in this agreement grants the Hirer any right of tenancy or exclusive possession of the Studio.
2. PAYMENT OF HIRE FEE, HOURLY RATE, COSTS AND CANCELLATION
a. The Hirer must pay the Hiring Charges as instructed by us prior to the Hire Period commencing unless otherwise agreed in writing by us.
b. If the Hirer has not paid the Hiring Charges to us at least 48 hours prior to the Hire Date, then the Hirer is deemed to have cancelled its booking and no refund will be issued.
c. The Hirer must promptly notify us if it wishes to cancel its booking. Upon cancellation, if the cancellation is:
i. more than 5 business days prior to the Hire Date, then the balance of any Hiring Charges (less a $15.00 cancellation fee) will be refunded in full;
ii. less than 5 business days but more than 2 business days prior to the Hire Date, then the Hirer will be entitled to a refund of 50% of the Hiring Charges paid; and/or
iii. less than 2 business days prior to the Hire Date, then the Hirer will not be entitled to a refund and any Hiring Charges will be forfeited to us.
d. If the Hirer occupies the Studio prior to or after the Hire Period, then we shall be entitled to charge (and the Hirer agrees to pay) our Hourly Rate for each hour (or part thereof) in which the Hirer occupies the Studio outside of the Hire Period.
e. In addition to payment of the Hiring Charges and any additional charges under clause 2(d) above, in addition to any other rights that we may have under this Agreement, the Hirer must pay to us on demand our reasonable expenses and the costs for any damage arising to the Studio, the Building, or the Equipment which is caused by the Hirer or any Participate whether accidentally or intentionally.
3. OBLIGATIONS OF THE HIRER
The Hirer must:
a. only use the Studio for the Authorised Purpose and during the Hire Period and must not sub-lease, sub-licence or otherwise permit any other party to use or occupy the Studio other than the Hirer and the Participants;
b. assess the Studio on arrival for any hazard or matter which it believes may impact the safety of the Hirer or any Participant, and promptly advise us of any issue noted;
c. remove all equipment brought by the Hirer into the studio, make good any damage to the Studio or the Building caused by the removal, ensure that the Studio and the Building are secure upon the Hirer’s departure;
d. deal with any noise complaint by a neighbour of the Building in a proper and professional manner and adhere to any direction that may be given by us (or by any lawful authority) before, during or at the conclusion of the Hirer’s use of the Studio;
e. maintain a policy of public liability insurance for its use of the Studio with coverage of $20 million per event and supply us with a copy if requested either before or after the Hire Date; and
f. comply with any general Studio use information, any manual or instructions relating to the us of Equipment, any or reasonable direction provided by us to the Hirer at any time;
g. only use Equipment which the Hirer is competent in the operation of, and in full accordance with any instructions given by us for its use;
h. ensure that neither the Hirer, nor any Participant, interferes with the use of the Building by any other person and do not enter any parts of the Building except the Studio, bathroom/kitchen facilities and those areas reasonably required to access the Studio and enter and exit the Building;
i. must clean the Studio, remove all rubbish from the Studio and the Building attributable to the Hirer’s use and return the Studio to its condition prior to its use by the Hirer; and
j. notify us promptly of any damage caused to the Studio, the Equipment, or the Building by the Hirer or any Participant.
The Hirer must not:
k. sell goods or services, carry on any activity at the Studio which is dangerous, noxious, offensive, illegal, noisy or objectionable, use the Studio as a place of public entertainment or have any live music at the Studio without prior consent;
l. bring into the Building or the Studio any heavy equipment or machinery nor attach or affix any nails, screws, adhesive tape, signs or anything to the walls, doors, ceilings and floors of the Studio or the Building without our express written permission and, if such consent is given with any conditions, then the Hirer must comply with those conditions;
m. block any doors or entrances/exits to the Studio or the Building;
n. interfere with, affix or alter any emergency exit signs, fire doors, emergency exits, fire extinguishers, fire sprinkler systems, lighting, electrical and utilities cables and conduits, sound systems or any equipment or materials located throughout the Studio or the Building; and/or
o: use any smoke machines or other devices likely to cause a hazard or to trigger smoke or fire alarms.
p. is responsible for and must reimburse us on demand for any loss or damage incurred by Us as a result of the Hirer’s use of the Studio or as a result of the Hirer’s breach of these terms.
q. is responsible for the conduct and behaviour of all Participants and any loss of any of their property, personal items or equipment howsoever arising;
r. is responsible for its own safety, and the safety of all Participants, whilst using the Studio;
s. acknowledges that it must respect the quiet enjoyment of the neighbourhood within which the Building is located and local residents and the quiet enjoyment of the Building that other Hirer’s may enjoy and ensure that all persons leaving the Studio do so in an orderly and quiet fashion; and
t. in consideration of local residents and the invitees of the Hirer, must keep amplified noise to an acceptable and appropriate level.
a. As security for performance of the Hirer’s obligations under this agreement we may require the Hirer to deposit a bond with us, or provide us with a copy of a valid credit card to which any cost or expense arising under this agreement may be charged.
b. We may deduct from the bond or charge to the account of the Hirer all monies required to rectify any breach of this agreement by the Hirer including but not limited to any of the costs referred to in clause 2(e) of this Agreement.
c. After deduction of all costs which we are entitled to deduct from the Bond, the balance (if any) will be refunded to the bank account nominated by the Hirer as soon as practicable following the Hirer’s use of the Studio.
5. INDEMNITY BY HIRER
a. The Hirer indemnifies us for any injury, costs, loss or damage arising out of the use of the Studio and/or the conduct of the Hirer and the Participants (including legal costs in a solicitor/client basis, damage to the Studio, the Equipment, the Building or the facilities located within the Building and injury, costs, loss or damage arising from failure by the Hirer to comply (or ensure compliance with) the terms of this agreement except to the extent such injury, costs, loss or damage arises due to our negligence.
6. RISK OF HIRER AND OUR LIABILITY
a. The Hirer occupies the Studio entirely at its own risk.
b. The Hirer acknowledges and agrees that to the maximum extent permissible by law we are not liable to the Hirer or any Participant for any loss of life, personal injury or damage to or loss of property which may be suffered or incurred arising out of the use of the Studio by the Hirer.
c. In no event shall we be liable for loss of profit or consequential damages in contract, warranty or otherwise to the Hirer arising from cancellation of the booking or otherwise.
We may terminate this agreement immediately upon giving notice to the Hirer and/or cause the use of the Studio by the Hirer to immediately cease if:
a. the Hirer breaches any provision of this Agreement this Agreement;
b. the Hirer uses, or attempts to use, the Studio for any purpose other than the Authorised Purpose;
c. we become aware of conditions under which the Hirer’s use of the Studio could jeopardise public safety or order or involve an unacceptable risk of personal injury or damage to the Studio, the Equipment, the Building or the neighbouring surrounds; or
d. the Hirer (or any party associated with the Hirer) makes defamatory remarks or threats of violence, acts aggressively towards us or our staff, or fails to comply with our reasonable directions as to the use of the Studio, the Equipment, or the Building.
The Hirer must comply with all directives given by us and/or any lawful authority arising from the above circumstances.
8. FORCE MAJEURE
a. Performance of this agreement is contingent upon our ability to the ability to complete same and we will not be liable to the Hirer for any failure to provide the Studio or utility services to the Studio due to causes which are beyond our reasonable control.
b. Without limiting the above, to the maximum extent permissible by law our liability is limited to a refund of the Hiring Charges.
9. NO WARRANTY
a. We provide no warranty that the Studio will be suitable for the use for which the Studio is intended to be hired by the Hirer and we will not be liable to the Hirer for any loss suffered by the Hirer as a consequence of the Studio proving not to be adequate for the Hirer’s use and purposes.
a. This Agreement is governed by the laws of the State of New South Wales.
b. The persons entering into this agreement warrant they are authorised to legally bind the Hirer on whose behalf they have signed this Agreement.