KM Photography Studio Hire Terms and Conditions
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Studio & Equipment Hire Terms & Conditions
Studio Hire prices are for space and lights rental only.
By booking studio and/or equipment hire with us you automatically agree to these terms and conditions.
In these conditions the following expressions have the following meanings:
“the Customer” any person or firm or company dealing with KM 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 KM Studios or of any sub-contractor of the Company.
“Equipment” all studio fixtures and other equipment provided by KM Studios or by its nominated sub-contractors.
“Studios” the premises of KM Studios for the time being where the services and equipment are provided.
1.KM Studios will insure the Studios and Equipment against all normal insurable risks but not further or otherwise. The Customer 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 KM Studios entertain any claims arising out of any failure of the Customer to effect its own insurance cover. The Customer 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 KM Studios.
3. Full details of the KM Studios services and charge rates are set out in the KM Studios Hire Price Lists which may be varied by KM Studios without notice.
4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of KM Studios resulting from negligence or otherwise unless permitted by Statute.
5.The Customer is responsible for any breakages, loss or damage occasioned to the Equipment or the Studio caused by or arising from the Customer use thereof or by any servant agent employee or sub-contractor of the Customer.
6. Any discounts offered on KM Studios 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.
1.The Studio is available for daily use between 0900hrs and 1800hrs. Use outside these hours shall be charged at the published overtime rates unless previously agreed in writing by KM Studios.
2. The Studio may be provisionally booked by telephone and the booking should be confirmed within 24 hours. The Customer will be further required to sign a Studio & Equipment Hire Form which is binding to these Conditions. A non-refundable 50% booking fee is payable in advance unless otherwise agreed in writing.
3. Studio and Equipment hire bookings must be paid for on the day of the shoot.
4. If the Customer wishes to postpone a confirmed booking this must be done at least 48 hours before the hire period starts or 50% of the full studio-booking rate will apply.
5.Bookings may only be extended with the prior consent of KM Studios, and published overtime rates will be applicable to hire that run over the booked time. Customers must ensure that set up and take down time takes place within the hours booked.
6. The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by KM Studios or by any statutory body or Local Authority.
7. The Studio is available for the exclusive use of the Customer named in the booking and the Customer is not permitted to sub-contract sub-let or otherwise permit any third party to utilise the Studio without the prior written consent of KM Studios.
8. Any materials used in connection with sets constructed by the Customer as well as any rubbish shall be removed from the Studio at the end of the hire period at the expense of the Customer otherwise additional charges will apply.
9. No alterations, decorations or additions to the Studio are permitted without the consent of KM 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 Customer shall pay any costs incurred by KM Studios arising out of any breach of this Condition.
10. The Studio is supplied clean, and at the start of the hire period and all the costs of painting, repairing, and maintaining this state are payable by the Customer. The Customer at the start of the hire period must notify KM Studios if any aspect of the condition or decoration of the Studio is unacceptable. If no such notification is given the studio and decoration will be determined to be of an acceptable standard for use by the Customer.
11. The Customer must ensure that any persons under the age of 18 have parents’ or guardians’ permission to be at the studio during the period of studio hire.
Hire of Services and Equipment
1.All equipment and services are supplied by KM Studios entirely at the risk of the Customer. KM 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 Customer must notify KM Studio at the time of supply if the condition of any Equipment is not acceptable.
3. In no circumstances shall KM Studio be liable for any loss or damage, including consequential loss, how ever caused arising out of the use or the inability to use the Equipment supplied or agreed to be supplied
4. The Customer may not without the written consent of KM Studio:
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.
5.Whereat the request of the Customer KM Studio supplies to the Customer the services of assistants, sub- contractors, freelancers or other persons such persons shall be deemed to be the servant of the Customer and the said services shall be deemed to be rendered by the Customer and KM Studios shall not be liable for loss or damage of any kind however caused.
6. KM Studio 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 KM Studio or any other person whose services are supplied to the Customer.
7. The hire period for services or Equipment cannot be extended otherwise than with the consent of KM Studio.
8. Equipment must be returned promptly at the end of the hire period in good condition (save for fair wear and tear). The Customer shall pay or compensate KM Studio 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 telephone and the booking should be confirmed within 24 hours. The Customer will be further required to sign an Equipment Hire Form which is binding to these Conditions. A non-refundable 50% deposit is payable in advance unless otherwise agreed in writing.
10. Bookings may only be extended with the prior consent of KM Studio, and published overtime rates will be applicable to hires that run over the booked time.
Payment and Additional Charges
1.Unless otherwise agreed in writing all transactions will be settled in agreement with KM Studios payment terms set out in our terms and conditions before the commencement of the hire period. Authorised account holders must settle accounts within 14 days of the date of invoice. Prices may be varied without notice to the Customer.
2. Any due amount unpaid shall be liable to interest at 20% above the Bank of England base rate.
3. The hire charge commences when the Studio and/or Equipment is made available to the Customer whichever is the earlier and terminates when the Studio and/or Equipment is surrendered or returned to KM Studios or the agreed hire period ends whichever is later, KM Studios will charge for additional hire hours at the published hourly rates. KM Studio reserves the right to make an additional hourly labour charge to cover any costs incurred by KM 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 Customer.
5.At the end of the hire period the Customer may be charged at the discretion of KM Studio an additional rental where the Studio or any item of Equipment is delivered to or returned to KM Studio in a bad or damaged condition so as top reclude use or hire of the said Studio or Equipment.
6. Where KM Studios 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 KM Studios by the Customer when the booking is made.
7. KM Studios shall have a general lien on any film, media or other equipment digital or otherwise or property int he possession of KM Studios or in the Studio premises for the payment of any monies due to KM Studios from the Customer.
Exclusions of Liability
KM Studios shall not be liable to the Customer 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:
a.any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
b.any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by KM Studios.
c.any death or injury occasioned to any Customer or servant or agent of any Customer occasioned by the use of the Studio or any Equipment unless such death or injury is directly attributable to the negligence of KM Studios or the servants or agents of KM Studios.
d. For any fines and/or legal costs incurred by KM Studios or the Customer for any activity connected with the hire of the Studio or Equipment.
e.any failure on the part of KM Studios to comply with its obligations to the Customer due to any circumstances beyond the control of KM Studios.
The Customer shall at all times keep KM Studios indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against KM Studios or the servants or agents of KM 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 KM Studios even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of KM Studios its directors servants or agents save in respect of any death or personal injury caused by the negligence of KM Studios as aforesaid.
KM Studios may summarily terminate any hire contract with the Customer upon the happening of any of the following events:
a.If the Customer shall fail to pay any of the monies due to KM Studios or dishonourany cheque paid to it; or
b.If the Customer enters into liquidation (other than for the purposes of amalgamation 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;
c.If the Customer 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 KM Studios against the Customer prior to the date of termination.
These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island.
These Terms and Conditions shall not be varied except by agreement in writing.