STUDIO RENTAL AGREEMENT
This STUDIO RENTAL AGREEMENT is between the Renter and The One Studio
By engaging to rent The One Studio located at Unit 54, Atlantic Business Center, Atlantic Street, Altrincham (herein after referred to as the “Company”) you, the undersigned (herein referred to as the “Renter”), hereby state that you have read, fully understand and agree to be bound by the following terms and conditions.
Renter will provide payment for all reservations of studio in accordance with the requirements of the booking system. Renter’s date will not be held until the deposit payment is received and cleared. Deposit payments are refundable in accordance with the following:
• For cancellation SEVEN DAYS or more prior to the booking date : 75% of the deposit will be refunded
• For cancellation FOUR DAYS or more prior to the booking date : 50% of the deposit will be refunded
• For cancellation after this point: Deposit is not refundable
2. Length of Use:
Rental periods are available in half day and full day slots.
Half day rental periods are 4 hours. Arrival up to 30 minutes early is allowed for set up. Studio clean up must be completed by the end of the rental period.
Full day rental periods are 8 hours. As above, 30 minutes is allowed before this period for set up. Studio clean up must be completed by the end of the rental period.
If the studio is not satisfactorily returned to the state it was prior to the rental period, a clean-up fee will be assessed as per the current The One Studio Rate sheet.
The normal closing time for the Studio is 8pm. If overtime is required after this period, the Renter will need to inform the Company at least 2 hours in advance of the closing time. Overtime will be calculated in increments of 60 minutes beyond the contracted end-time of the rental period when renter is either still using or cleaning up the studio space. Overtime fees will be assessed as per The One Studio Rate sheet.
Do not arrive late – Renter’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time.
There will be NO exceptions to this.
Use of our studio and our equipment is AT RENTER’S OWN RISK. Renter hereby waives rights to seek legal redress for mishaps, accidents, and/or loss while on our premises. Renter agrees to leave the studio and grounds in the same condition as they were when Renter arrived. Renters are solely responsible for any legal infractions Renter or members of Renter’s party make during the conduct of the shoot, be they in our studio or elsewhere. This includes parking tickets, all other violation, and legal action resulting from the conduct of the shoot, taken at whatever time. Renter agrees to hold harmless The One Studio, its owner, agents, representatives, and contractors acting on its behalf for any loss, accident, or injury to Renter’s self or anyone who accompanies Renter while on our premises.
Renter will note that the Studio floor is laminate and any spillages of fluids can damage the floor. Renter will therefore take every precaution required to ensure no damage to the floor occurs and any spillages are IMMEDIATELY wiped dry and clean. We advise the renter to fully examine the floor for damage prior to the rental start and make the Company aware of such discovered damage.
Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter while on our premises. Renters are solely responsible for the safety and well-being of any models Renter engages. Renter understands that if the Company observes dangerous, pornographic, or negligent practices or activities are being engaged in the Company reserves the right to stop the shoot and require Renter and Renter’s party to leave immediately — HOWEVER, Company assumes NO RESPONSIBILITY to act in such cases. Renter agrees to hold The One Studio, its agents, representatives, and anyone acting on behalf of Company completely harmless from any action, legal or otherwise, that results from Renter’s conduct. Renters are solely responsible for verifying that all models employed during Renter’s rental period are of legal age for the activities they are to be engaged in. Company has no responsibility to determine or verify the age of participants in the renter’s activities but reserves the right to end those activities if it becomes aware that legal age violations are on-going. Renter agrees that someone a Company representative will be present in the studio at all times Renters are using it.
The Company provides the renter with equipment and material as stated at the end of this contract. Company agrees to provide such equipment in good working order but makes no special guarantees as to said equipment’s functionality or suitability to Renter’s purposes. Company is not liable for acts out of its control that affect the shoot, such as power outages, weather or emergencies. Renter agrees everything is in working order and bulbs are all fully functioning and correct if renting lights. The One Studio reserves the right check equipment up to 72hrs after the rented period if not used in other sessions for damaged lights.
Any damage to the equipment in any way must be paid for by the Renter. The cost of repair or replacement will be provided at cost and proof of cost will be given to the Renter in such cases. The renter is therefore advised to examine and test all provided equipment carefully for any non-operation or damage.
A series of backgrounds are made available for the Renter to use. The Renter will state which backgrounds they are going to use and must adhere to this unless they inform the Company otherwise. Soiled or damaged backgrounds are deemed unusable and Renter agrees that any such soiled or damaged backgrounds must be paid for at the end of the rental period at the rate stated in The One Studio Rate website.
If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claim to binding arbitration subject to the commercial arbitration rules of the Arbitration Association. This arbitration will take place in Altrincham County Court. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the Arbitration Association, that they will faithfully observe this agreement and the Rules, and that they will abide by and perform any award rendered by the arbitrator, and that a judgment of the court having jurisdiction may be entered on the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than £500.
This Agreement incorporates the entire understanding and agreement between the Client and the Company. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws England shall govern this Agreement. The parties have read both this entire Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
The rental rates for The One Studio are as shown on the website’s booking system and are subject to change without prior notice.
COMMERCIAL PHOTOGRAPHY TERMS AND CONDITIONS
(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “and “the Client” shall be interpreted as references to the Photographer’s Client. (b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Narita Savoor. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed. (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. (h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
2. CHARGE RATES
The Photographer charges the Client in accordance with the charge rates as specified in APPENDIX A CHARGE RATES. The charges are fixed and non-negotiable once this Contract is signed. The Client agrees to pay said charges in accordance with the payment period as specified in clause 8.
(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
3. MODEL RIGHTS
The Client, Agency and Subject(s) hereby grant to Photographer, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included for the promotion of its business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.
4. OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer. (b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed. (c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client. (b) The Photographer retains the right in all cases to use the Photographs for the purposes as stated in clause 3. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
6. CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or Works of art depicted in any picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Narita Savoor their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage. (f) The Client is responsible for attending the photo shoot and if the Client cannot attend in person, the Client should appoint their own representative to carry out the tasks of artistic direction for the photo shoot. The Photographer will not be held responsible for the task of art direction and will not be held liable in any manner whatsoever for any errors caused by the non-attendance of the Client or appointed representative.
(a) Payment by the Client will be strictly as specified in Appendix A Terms of Payment and if not so specified then within 30 days of the issue of the relevant invoice for the commissioned work.(b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges. (c) A further charge of 5% over the NatWest Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. (d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
(a) Unless a rejection fee has been agreed in advance in Appendix A Rejection Fee, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement as specified in Appendix A Cancellation/Postponement Charge.
(b) This contract between the Photographer and Client shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Photographer shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that Client cancels the contract for any reason, all monies paid shall be retained by Photographer in order to offset its loss of business.
12. RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘Narita Savoor’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the Client and product stated on the Licence to Use.
14. ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer. (b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
15. APPLICABLE LAW.
(a) This agreement shall be governed by the Laws of England & Wales.
(a) These Terms and Conditions shall not be varied except by agreement in writing.