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1. NOMENCLATURE

In this Agreement the expression ‘” Green Place Studios” means Green Place Studios Limited. The “Hirer” means the person, firm or Company with whom Green Place Studios contracts. The expressions the “Equipment” and the “Studio” means the goods and services described and the Conditions means these terms and conditions of hire.

2. GENERAL

2.01 This Agreement contains all the terms agreed between the Parties except such variation in writing as shall be agreed and signed by a Director of Green Place Studios Limited and by or on behalf of the Hirer. If any of the Conditions are inapplicable this shall not affect the validity of the remaining Conditions.

2.02 The invalidity of any of the Conditions or any part of any Condition shall not affect the validity of the remainder.

2.03 Any forbearance or indulgence on the part of Green Place Studios its servants or agents to enforce fully or at all any of the conditions shall not constitute a waiver of Green Place Studios rights and shall be entirely without prejudice to those rights.

2.04 The hirer may not assign, transfer charge, let or sublet or otherwise deal with its rights and obligations under this agreement.

2.05 This agreement shall be governed by and construed in accordance with the Laws of England; and Green Place Studios and the hirer hereby submit to the jurisdiction of the English courts.

2.06 On booking a studio for the purposes of filming, photography or performance, the Studio Client accepts that he/she is satisfied with the facility and that he/she has deemed it to be suitable for the purposes of the hire.

2.06 Green Place Studios operates a strong publicity campaign using our popular online presence. With the client’s consent, we will carefully and respectfully use some of the images/footage from the shoot on our website, blog and social networking site for promotional purposes.

2.07 The studio hire hours start from the time the hirer enters the studio or the agreed booking time.

2.08 The studio has been treated for sound to reduce external noise and to limit internal echo as much as possible. The Studio Client accepts that he or she has checked the sound qualities of the space(s) to be hired and that he or she has deemed it to be suitable for the purposes of the hire.=

2.09 On completion of the last day of a shoot, Studio Clients are responsible for clearing the studio and hospitality areas used by them, of all lighting equipment, furniture, shooting equipment, food, drink, props and general waste except where provided by the studio. Charges will be levied if the Studio has to remove any of these items.

2.10 On completion of the last day of a shoot, set-building waste created by the Studio Client must be removed. If waste is left at the premises, the Studio will hire a commercial skip and pass the associated costs for removal, together with a £50 administration fee, onto the Studio Client.

2.11 The Studio Client agrees to compensate the Studio for loss, damage or distress to equipment, facilities, or to the fabric of the Studio itself, if caused by the Studio Client.

2.12 The studio premises are located next to a residential area. Studio Clients must respect the studio’s neighbours by keeping noise to a minimum between the hours of 22:00 and 08:00, especially when arriving and leaving.

2.13 The studios occupy a shared forecourt and outside space. Any required use by clients but not limited to outside filming or construction is prohibited unless prior agreement has been obtained and confirmed by the studio team. A minimum of 48 hours’ notice is required for such requests and approval can’t always be guaranteed. If any requests are critical to a particular project it is the responsibility of the studio client to ensure those permissions are granted prior to booking their shoot.

2.14. The Studio cannot under any circumstances be held responsible for fines incurred by Studio Clients and their visitors who park their vehicles in contravention of prevailing traffic laws.

2.15 Studio Clients must not use the public roads and pavements surrounding the studio premises to store any items, including, but not restricted to, shooting equipment, set-building materials, props, costumes or lighting equipment. Smoking is not permitted anywhere within the studio premises.

2.16 The studio is covered by public’s liability insurance. The Production Company is responsible for its production insurance

3. CREDIT AND PAYMENT

3.01 The hirer shall pay to Green Place Studios the hire immediately on booking or if agreed to be at a later time immediately upon a written demand (email permitted).

3.02 Green Place Studios does not provide credit facilities and in all cases the Full balance of hire shall be made on the first day of the Period when the facilities are to be used by the Hirer.

3.03 If payment is not made on the due date the Hirer shall pay interest on the overdue amount at the annual rate of 8% above Bank of England base rate accruing daily.

4. TITLE

4.01 Title in the equipment & studio shall not pass to the Hirer and the Hirer shall have no right or interest in the equipment otherwise than as a Hirer and the Hirer shall not do or permit to be done any act or thing which might prejudice or interfere with Green Place Studios rights of ownership or any other interest or rights in the equipment.

4.02 The Hirer shall keep the Equipment & studio free from any distress, execution or other legal process and shall not let, lend, sell, assign, transfer, charge, encumber, dispose of, or otherwise deal with, or part with possession or control of the Equipment.

4.03 The Hirer shall notify Green Place Studios of any change in the Hirer’s address and at Green Place Studios request shall promptly inform Green Place Studios of the whereabouts of the Equipment and provide the Company with all the information necessary to enable it to locate the Equipment.

4.04 The Hirer shall permit and authorise Green Place Studios and any person authorised by Green Place Studios to enter upon the premises at which the Equipment is kept for the purpose of inspecting and examining the condition of the Equipment and for any other purpose authorised hereunder.

5. MAINTENANCE AND INSURANCE

5.01 The Hirer shall keep the Equipment in good repair and condition.

5.02 The Hirer shall be liable for any loss theft destruction or damage to the Equipment or any part there of howsoever caused.

5.03 Without prejudice to its liability under Clause 5.04 unless otherwise informed the Hirer shall forthwith insure the Equipment and keep the same insured for the full replacement value of the Equipment with such persons and under a form of policy covering all rises normally insured against by a prudent business person and which shall in particular cover loss by fire, flood, theft and accidental damage. The Hirer hereby irrevocably appoints Green Place Studios as its agent for the purpose of negotiating with the insurers and receiving all Monies which may become payable under any policy or policies covering the equipment. The Hirer shall promptly pay all premiums payable under the said policy and produce the receipts for such payment to Green Place Studios on demand and do everything necessary to maintain the said policy in full force and effect and not to do anything whereby the said Policy will, or may, be vitiated.

5.04 If the Equipment or any part thereof deteriorates or is lost stolen destroyed or damaged the Hirer shall immediately notify Green Place Studios thereof by telephone and thereafter shall promptly confirm the same in writing and at Green Place Studios request shall provide full particulars of the circumstances in which the Equipment deteriorated or was lost stolen destroyed or damaged.

5.05 The loss theft deterioration or destruction of, or damage, to the Equipment shall not affect the continuance of this Agreement or the Hirer’s liability for payment of the Hire rent.

6. WARRANTIES

6.01 It is hereby acknowledged and agreed by the Hirer that no warranty or stipulation of any kind has been made by Green Place Studios or on its behalf in respect of the Equipment.

6.02 The Hirer has inspected and tested the equipment prior to the signing hereof and has made all other relevant enquiries concerning the same and the Hirer has satisfied himself as to the condition, quality, description and all aspects of the equipment.

6.03 All warranties conditions and stipulations expressed or implied statutory or otherwise relating to the condition of the equipment or its merchantable quality or suitability or fitness for the particular or any purpose for which it is or may be required or that the equipment’s compliance with any description or sample are hereby excluded and the Hirer hereby accepts such exclusions as being reasonable.

7. DELIVERY

7.01 Any stated delivery date is an estimate only.

7.02 The Company shall not be liable for any expense, loss or damage suffered howsoever arising whether directly or indirectly out of any failure to meet any delivery date

.8. OPERATION OF THE EQUIPMENT

8.01 The Hirer shall ensure that the Equipment is operated at all times in a skilful and proper manner and used for the purpose or purposes for which it was intended by persons who are competent to operate the same and shall not permit any additions or alterations to the Equipment other than adjustments to directly accessible controls intended to be adjusted during normal use of the Equipment.

8.02 The Hirer shall keep the Equipment at all times in the possession of and under the control of the Hirer.

8.03 The Hirer shall keep the Equipment and all parts thereof in the same order and condition as at the commencement of the hire period (fair wear and tear only excepted) and shall not repair attempt to repair or have repaired the Equipment in the event of any breakdown or malfunction but shall notify Green Place Studios forthwith of such breakdown or malfunction and shall promptly conform the same in writing.

9. LIMITATION OF LIABILITY

9.01 Green Place Studios shall be liable for injury and damage which directly arises from the hire to the extent that it is caused

(a) by any defect in or malfunctioning of the Equipment and

(b) by Green Place Studios negligence

but otherwise Green Place Studios shall not be liable for any costs claims loss damage or injury to persons of whatsoever nature and howsoever caused.

9.02 Without prejudice to Clause 9.01 Green Place Studios shall not in any event be liable for consequential or indirect loss or damage howsoever arising.

9.03 The Hirer shall fully indemnify Green Place Studios against all claims and demands made upon Green Place Studios by reason of any such loss injury or damage for which Green Place Studios is not liable hereunder.

9.04 Green Place Studios shall not be liable for any loss of any description whatsoever suffered by the Hirer as a result of the Equipment or a part thereof being unserviceable or out of order or unusable or functioning at less than its optimum level of performance.

10. TERMINATION

10.01 Green Place Studios may forthwith by written notice to the hirer terminate the hire period of this agreement without prejudice to its other rights and remedies contained herein if:

(a) The hirer shall fail to observe and perform any of the conditions: or

(b) Shall give notice to its creditors or any of them that the hirer has suspended or is about to suspend its business or payment of its account or

(c) If the hirer shall be unable to pay his debts or have no reasonable prospect of being able to pay his debts or being a company shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; or

(d) If an order shall be made or an effective resolution passed for the winding up of the hirer (otherwise than for the purpose of and followed by a reconstruction or amalgamation): or

(e) If an administrator or receiver or manager or administrative receiver shall be appointed.

10.02 Upon the expiration or earlier termination of the hire period the Hirer shall no longer be in possession of the Equipment with Green Place Studios consent and the Hirer shall unless otherwise required by Green Place Studios at the Hirer’s own risk and cost, deliver up the Equipment at the address of Green Place Studios stated overleaf or at such other address as Green Place Studios may specify or if not so required shall hold the Equipment available for collection by Green Place Studios or its agents and Green Place Studios or its agents may without notice enter the Hirers’ premises for the purpose of retake possession of the Equipment and shall have the right to dismantle any machinery product item or equipment to which the Equipment or any of it has been incorporated. These Conditions shall remain in full force and effect until the delivery of the Equipment to Green Place Studios or the collection of the Equipment by Green Place Studios or its agents whichever shall apply.

11. CONFIRMATION, CANCELLATION AND CURTAILMENT

11.01 A booking is considered confirmed when we receive the agreed deposit payment.

11.02 If a confirmed booking is cancelled or curtailed less than 30 days before the date of the booking a charge of 10% of the total booking value is due.

11.03 If a confirmed booking is cancelled or curtailed less than 15 days before the date of the booking a charge of 25% of the total booking value is due.

11.04 If a confirmed booking is cancelled or curtailed less than 7 days before the date of the booking a charge of 50% of the total booking value is due.

11.05 If a confirmed booking is cancelled or curtailed less than 5 days before the date of the booking the total value of the booking is due.

11.06 These conditions may only be varied by written permission of a director of Green Place Studios

12. RELATIONSHIP OF THE PARTIES

12.01 Both Green Place Studios and the Hirer are independent contractors and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely without authority to act on behalf of the other in any manner. Green Place Studios shall not be responsible to third parties for any claim arising out of the activities of the Hirer and the Hirer shall indemnify Green Place Studios against any such claim.

13. COSTS

13.01 The Hirer shall repay to Green Place Studios forthwith on demand all expenses, cost or charges incurred as a result of, or in any way connected with, any breach of this Agreement by the Hirer.

13.02 The customer will pay to the Company its hire charges in respect of any equipment which it fails to return to the Company or which is returned damaged until the date when the Company receives from the customer, its agents or insurers, the full replacement cost of the equipment or full cost of repairing such equipment or the date when such equipment is replaced or whichever date shall be the later.

14. DIVISIBILITY CLAUSE

14.01 This contract is divisible. The work performed in each period during the currency of the contract shall be invoiced separately. Each invoice for work performed in any period shall be payable by the customer in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect or default in the work performed or to be performed in any period.