Studio Rental Terms & Conditions Agreement

Definitions

“Agreement” - The agreement comprised in the Terms & Conditions an Booking Form

“Booking” - The hire of the studio for the period of time stated in the Booking Form

“Booking Fee” - Amount paid by the Client to secure the requested time and date for hire of the studio as defined by the Company’s published rates

“Booking Form” - Any written form given by the Company and accepted by the Client stating the requested time and date of hire of the studio and the booking fee required to secure the Booking as stated on the Booking Form

“Client” - The person or entity referred to as such in the Booking Form

“Clients Equipment” - equipment brought onto the Premises by the Client, Clients Personnel, or any servant, employee, agent or contractor for or on behalf of the Client.

“Client’s Personnel” - persons invited by the Client to enter the Studio or Premises during the Booking

“Company” - Printpoint Photo Limited

“Conditions” - The full list of Terms & Conditions as laid out here

“Fees” - the Booking Fee, Overtime Fee as well as any and all other sums payable by the Client to the Company in connection with the Agreement (including without limitation any cost incurred in respect of the Premises)

“Operators” - the staff of the Company

“Overtime Fee” shall have the meaning as defined in Section 5 of this Agreement

“Period Of Booking” - the period described as such in the BookingForm

“Premises” - all parts of the building and premises in which the Studio is contained

“Representatives” - the persons named in the Booking Form being authorised by the Client to instruct the Company on behalf of the Client

“Studio” - The studio space and all equipment and infrastructure contained with in the studio

“Studio Breakdown” - A failure or breakdown or unavailability for any reason of the Studio which prevents the CLient’s use thereof in accordance with the terms of the Agreement

“Trade Marks” - All company owned and/or controlled trademarks, logos and associated rights (whether registered or not)

1. Agreement

The Agreement alone applies to all facilities hired and work done by the Company for the Client and prevails over any terms and conditions put forward by the Client.

2. Studio Facilities

The Company shall make the Studio and the Operators available to the Client for the Period of Booking.

The Client shall only permit Client Personnel, as stated on the Booking Form, to enter the Premises and only during the Booking Period. The Company reserves the right to require any person to leave the Premises.

ensuring the suitability of the Studio for the Client’s purpose;
ensuring that the Client’s Equipment is compatible with the Studio;
any problem or damage caused by any use of Clients Equipment
any acts or omissions of the Representatives or the Client’s Personnel as if those acts and omissions were its own, and the Company gives no warranty, undertaking or representation as to any of the foregoing.
If (a) the Client fails to use the Studio for any or all of the Period of Booking, (b) the Client cancels the Booking or (c) the Company terminates the Booking or any or all of its obligations due to any breech of the Agreement

3. Fees

The Client shall pay the Fees in cleared funds to such bank account as the Company may nominate in writing, via online booking platform or in cash. All Fees shall be paid in full without any set-off, counterclaim, deduction or withholding.
The Company may raise invoices in respect of the Fees at any time.
Unless the Company agrees otherwise in advance and in writing, all invoices raised by the Company prior to the commencement of the Period of Booking shall be payable by the Client as follows:
- 100% of fees must be paid with 24 hours to secure booking
All invoices raised by the Company on or after the commencement of the Period of Booking shall be payable by the Client immediately.
The Fees shall not be reduced as a result of:
- the Client’s failure to use the Studio for any or all of the Period of the Booking;
- the Client’s cancellation of the Booking or any part thereof; or
- the Company’s termination of any or all of its obligations under the Clients breech of the Agreement
Notwithstanding any other provision of the Agreement, if the Client fails to pay any Fees (or part thereof) when due the Company may terminate the Booking immediately without notice and without any obligation to refund any Fees already paid by the Client.

4. Overtime Fees

If the Period of Booking is exceeded for any reason, the Client shall be charged an overtime fee equal to a minimum 10% of the Fees (“Overtime Fee”). Check this cost
The Company reserves the right to amend the Overtime Fee prior to the commencement of the Booking. The Company shall inform Client of the applicable Overtime Fee prior to the commencement of the Period of Booking.
The Overtime Fee shall accrue on an hourly basis or part thereof for every hour exceeding the Period of Booking.
The terms of paragraph 3 (Fees) shall apply to the payment of the Overtime Fee. Any reference to Fees in this Agreement shall be construed as including the Overtime Fee (as applicable).

5. Clients Own Equipment & Personnel

The Client shall procure that each of the Client’s Personnel shall abide by the Company’s and the Studio’s rules, regulations and health and safety and other policies and the Client shall be responsible for:
- the actions of the Client’s Personnel on the Premises;
- any and all injury, loss or damage to any person’s equipment or premises caused by any act or omission of the Client’s Personnel, or as a result of any defect in or inappropriate specification of the Client’s Equipment
- the cost of the hire of any Client’s Equipment
- any costs and expenses incurred by the Company on behalf of the Client at the Client’s request; and
- any and all loss or damage to the Client’s Equipment (which shall be at the sole risk of the Client).
The Client shall vacate the Studio and the Premises and remove all Client’s Equipment forthwith at the end of the Period of Booking or, if the Company so elects in writing, on the Company’s termination of the Booking or some or all of its obligations under the Agreement. The Company shall be entitled by two weeks’ notice by the Client to require the Client to collect the Client’s Equipment and in default of collection on or before the expiration of such period of notice, the Company shall be entitled to destroy or otherwise dispose of the Client’s Equipment without further notice or warning.

6. Sound Levels

The Client acknowledges that Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 have established that prolonged exposure to high noise levels above 85 dB(A) may cause damage to hearing and that both studios and studio users are required by law to keep exposures as low as reasonably practicable and that accordingly:

the Client shall be responsible for noise levels within the Studio;
high noise levels shall not be sustained for long periods; and
the Company reserves the right to take such action as it may deem appropriate to maintain tolerable noise levels and that no claim shall lie against the Company in respect of inconvenience or time lost in the event of such

7. Compliance With Laws and Clients Obligations

General

In performing its obligations under the Agreement, the Client shall and shall procure that the Client’s Personnel (a) comply with all applicable laws, statutes and regulations from time to time in force and (b) obtain and maintain all necessary licences and consents to enable the Company to provide its services under the Agreement.
The Client shall:
- co-operate with the Company in all matters relating to the services to be provided by the Company under the Agreement; and
- provide to the Company in a timely manner all documents, information, items and materials in any form (whether owned by the Client or third party) reasonably required by the Company in connection with the services to be provided by the Company under the Agreement.

Unauthorised Access

The Client’s access to the Studio shall be limited to such areas of the Premises that are necessary for the Booking or as directed or permitted by the Company.
The Company, in its sole discretion, reserves the right to refuse entry by the Client or any Client Personnel to any area of its Premises at any time.

Smoking

Subject to paragraph 7, smoking anywhere on the Premises is strictly forbidden. This applies to anything that can be smoked and includes but is not limited to, cigarettes, pipes, cigars and herbal cigarettes. This is in the interest of hygiene, safety and the health of other users of the Studio, the Company’s employees and in compliance with legal requirements.
Any Client or Client Personnel wishing to smoke must do so strictly within a designated outside area on the Premises.

Drugs & Alcohol

The Company is committed to providing a safe, healthy, and productive working environment for all employees, contractors, Clients, Client Personnel and visitors involved in its operation.
The use of drugs on the Premises by the Client or Client Personnel is strictly forbidden.
Any Client or Client Personnel found using, supplying, under the influence, or in the possession of, an illegal substance whilst on the Premises will be required to leave the Premises immediately and may face prosecution under the law. A breach of this clause 10 shall be deemed to be material breach of this Agreement. In such circumstances, the Company reserves the right to terminate the Booking, regardless of whether such Booking has commenced or not, and any Fees paid or owing to the Company by the Client shall be non-refundable.
Consumption of alcohol on the Premises by the Client or Client Personnel is strictly forbidden
The Company reserves the right to refuse entry to the Premises to any Client or Client Personnel or require that any Client or Client Personnel leave the Premises if the Company considers that, in its sole discretion, the Client or any Client Personnel is behaving in an inappropriate manner or endangers the right for all employees to work in a safe working environment. For the avoidance of doubt, this shall include where the Company considers that the Client or any Client Personnel has consumed alcohol or drugs in an inappropriate or irresponsible manner. In such circumstances, the Company reserves the right to terminate the Booking, regardless of whether such Booking has commenced or not, and any Fees paid or owing to the Company by the Client shall be non-refundable.

Non-compliance

The Client shall be responsible for the actions of the Client Personnel and shall ensure that the Client Personnel are made aware of the obligations in this paragraph 9 and shall ensure that the Client Personnel comply with these obligations at all times.
To the extent the Company so elects in writing, the Company’s obligations under the Agreement shall terminate with immediate effect if the Client commits a breach of any provision of this Section 7or any other provision of the Agreement.
To the extent permissible by law, the Client shall keep the Company fully indemnified against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by the Company arising out of, or in connection with, any breach of the Agreement or any other provision of this Agreement by the Client or any Client Personnel.
In the event that a Booking is terminated as a result of a breach of the Agreement, the Company shall not be required to refund any Fee to the Client and reserves the right to charge the full Fee to the Client in the event that a Booking is cancelled by the Company, regardless of whether such Booking has commenced or not.

8. Indemnity

The Client shall indemnify the Company and keep the Company indemnified in full against any injury, loss, damage, costs and/or expenses suffered by the Company arising from or attributable to:

the Client’s cancellation of the Booking including without limitation any costs or expenses incurred by the Company in connection with the Booking;
the Client’s use or exploitation of copyrighted materials;
the Client’s breach of the Agreement;
the Client’s equipment;
the Clients’s Personnel.

9. Studio Breakdown Warranty

In the event of Studio Breakdown the Company shall at its option either replace (as soon as can reasonably be arranged) the Studio facilities to which the Client was entitled by the terms hereof and which have been lost as a result of such Studio Breakdown or credit or refund to the Client the Booking Fee in respect of the Booking and shall have no liability or obligation to the Client beyond these remedies.

10. Photography & Filming Restrictions

The Client shall not and shall procure that the Client’s Personnel shall not photograph or film any part of the Premises except for the Studio
The Client shall be permitted to photograph and/or record within the Studio solely for non-commercial personal purposes unless

11. Confidentiality

The Client undertakes that it shall not at any time disclose to any person any confidential information relating to the Company, except as permitted by paragraph below:
The Client may disclose the Company’s confidential information:
- to the Representatives who need to know this information for the purposes of carrying out the Client’s obligations under the Agreement, provided that the Client takes all reasonable steps to ensure that the Representatives comply with the confidentiality obligations contained in this paragraph as though they were a party to the Agreement. The Client shall be responsible for its Representatives’ compliance with the confidentiality obligations set out in this paragraph; and
- as may be required by applicable law, a court of competent jurisdiction or any governmental or regulatory authority with competent jurisdiction.
The Company reserves all rights in its confidential information. No rights or obligations in respect of the Company’s confidential information other than those expressly stated in the Agreement are granted to the Client or to be implied from the Agreement.

12. Company’s Overall Liability

The Company’s total liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to the Maximum Liability.
The Company shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for any or all of the following: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, loss of use or corruption of software, data or information and any indirect or consequential loss.
The Company’s liability under the Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortious or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the Agreement, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded.
The Client accepts as reasonable that the Company’s total liability to the Client shall be as set out in the Agreement. In fixing that limit the Client and the Company have had regard to the price and nature of the Booking and the Post Production Work and the terms hereof, and the level of expenses expected to be incurred by the Client in respect thereof and the resources available to each party including insurance cover, to meet any liability.
WHERE THE BOOKING IS MADE BY A CONSUMER AS DEFINED IN THE SALE OF GOODS AND THE SUPPLY SERVICES ACT 1980, SALE OF GOODS ACT 1983, SALE OF GOODS AND ASSOCIATED GUARANTEES DIRECTIVE1999 OR CONSUMER PROTECTION ACT 2007 THE STATUTORY RIGHTS OF THE CLIENT ARE NOT AFFECTED BY THESE
Nothing in the Agreement excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury cause by negligence or any other liability which cannot be limited or excluded by applicable law.

13. Assignment

The Client shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Agreement without the prior written consent of the Company.

14. Force Majeure

Notwithstanding any other term of the Agreement the Company shall not be under any liability for any failure to perform any of its obligations under the Agreement due to “Force Majeure”. Following notification by the Company to the Client of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of the Agreement, ‘Force Majeure’ means any matters beyond the reasonable control of the Company, including without limitation:
- Act of God, explosion, flood, tempest, fire or accident;
- epidemic or pandemic, including without limitation, any outbreak of Covid-19;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
- difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
- power failure or breakdown in machinery.
In the event of a force majeure caused by the client which results in the cancellation of a session before it has commenced then the booking cancellation policy applies. In the event of Real World ‘The Company’ cancelling the session before commencement, the company in the first instance will look to reschedule the booking, failing that will reimburse in an agreed manner any monies paid. In the event of a force majeure resulting in the cancellation of a session whilst taking place and the company is unable to fulfil its obligations, all costs incurred by the company at the point of cancellation including room rental will be deducted from any amounts paid, and unless agreed otherwise 50% of the balance will be refunded in an agreed manner.

15. Miscellaneous

The Client shall procure that neither the Client nor any of the Client’s Personnel shall be held out as an agent of or pledge the credit of the Company.
The Agreement constitutes the entire agreement between the Company and the Client and neither party shall be bound by any other statement or representation made to the other.
No variation or amendment to the Agreement shall be effective unless made in writing and signed by the Company and the Client.
If any part of the Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect.
For the purpose of the Contracts (Rights of Third Parties) Act 2001, the Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by fax or email (provided that proof of transmission can be produced) to the address or fax number respectively of the applicable party specified on the Booking Form on the date of delivery or transmission or if sent by recorded delivery post to such address within two (2) working days of posting.
The Agreement shall be construed in accordance with the laws of England and Wales and is subject to the exclusive jurisdiction of the English
The Client shall be deemed to accept the provisions of this Agreement (and any email from the Company relating to this Agreement) upon the commencement of the Booking, notwithstanding the absence of written confirmation of acceptance by the Client of this Agreement and any terms contained in any relevant email from the Company.

16. Cancellation Policy

Less than 48 hrs prior to the start of the session: the whole session fee becomes forfeit and no refund is given