TERMS AND CONDITIONS FOR HIRE OF THE LOFT STUDIO COLCHESTER
These are the terms and conditions that you agreed to at the point of booking The Loft Studio Colchester. All other terms and conditions, representations and warranties whether made or given before or after the date of this agreement unless expressly set out in this agreement are excluded to the fullest extent permitted by law. This agreement constitutes the entire understanding between the parties in connection with the subject matter hereof and supersedes and extinguishes all prior agreements, negotiations and discussions in relation to it.
Definitions :Reference to we means PhotoEngineers Ltd T/A The Loft Studio Colchester and reference to you means the Customer and reference to us means both parties.
We shall hire The Studio and its Equipment (as specified in the Agreement) to you during the Hire Period and you shall pay the Hire Charge upon the terms and conditions below.
The Studio Hire:
Subject to payment by you of the Hire Charge in full we agree that you may use The Loft Studio Colchester, 26B Hythe Quay, Colchester, Essex, CO2 8JB (The Premises) between the Start and Finish Time on the Shoot Date (Hire Period), for up to the Maximum Number of Guests, as stated in the Booking Confirmation.
Subject to payment by you of the Hire Charge, we will make the Equipment specified on the booking agreement available for use by you at the Premises during the Hire Period. The Equipment may not be new and whilst we use all reasonable efforts to ensure that it will function properly you acknowledge that it may not do so in which case we will endeavor to find a replacement.
During the Hire Period the Equipment is at your risk and you must be self-insured to cover said risk. The Equipment must be returned at the end of the Hire Period in the same condition as it was at the start (fair wear and tear excepted).
Health & Safety and Security
A meeting will be arranged at the start of the Hire Period to brief you on safety and security procedures and equipment at the Premises you may not begin your shoot until this meeting has concluded. You must ensure that a responsible member of your team attends this meeting and is on site throughout the Hire Period including (but not limited to) during setting up and clearing out. You must comply and ensure that your employees, subcontractors and agents comply with the provisions of the health and safety policy applying to the Premises and with all conditions and regulations made in respect of the Premises by the relevant fire authority. Your representative is responsible for communicating the safety and security procedures to your staff, contractors and agents. You are responsible for the security and safety of all items brought on to the Premises by your staff, contractors and guests and at no time should those items be left unattended. You will comply with all guidelines and policies issued to you in connection with your use of the Premises and the Equipment. If, in our reasonable opinion, we consider that at any time up to and during the Hire Period your use of the Premises may cause damage to people or property, we may terminate the Shoot forthwith and you shall not be entitled to any refund of your Fees. The studio utilises 24-hour CCTV in order maintain the security of the premises, and to ensure compliance with the terms and conditions.
The Premises may only be used to hold the event for the usage agreed and for the Maximum Number of Guests, as stated. Your event must be a private for invited guests only and access will be by invitation only. No admission tickets may be sold. No alcohol or drugs may be brought onto the Premises. the Premises may not be used for any unlawful purpose. No form of gambling shall take place in the Premises. Any music should be played at a volume that will not cause a nuisance to our neighbors or to other clients using other parts of our Premises. All guests, subcontractors and agents should leave the Premises quietly. Smoking is not permitted in any inside space at the Premises.
Condition of Premises
You must leave the Premises at the end of the Hire period in the same condition in which it was provided to you at the commencement. All refuse must be bagged up by you and removed by the end of the Shoot. All decorations, sets, props and equipment must be removed from the Premises by the same time. You are responsible for and must make good and pay for any damage caused to the Premises during the Hire Period by any act or omission on your behalf or anyone for whom you are responsible (which shall include everyone that you permit to enter the Premises). You the Customer will pay for any damage suffered by the Equipment or Premises during the hire period. With regard to items left behind by you we may charge for removal and/or storage of the same by deduction from your deposit.
In order to secure the Hire Period you must pay a non-refundable Hire Deposit of 50%. We may cancel the booking at any time prior to receipt of your deposit. The remainder of the Hire Charge, and any additional charges, where applicable, must be paid on the day of the Hire Period.
If you fail to leave the Premises in the same condition as provided to you or cause damage to the Premises we will be entitled to make our own arrangements for cleaning and/or repair and shall be entitled to charge you for these costs. We may also make additional charges if you do not adhere exactly to the Hire Period, permit more than the Maximum Number of Guests to use the Studio. Invoices raised for any additional costs must be paid within 7 days. All fees paid shall be paid together with any VAT chargeable thereon. We may, without prejudice to any other rights and remedies, charge you interest on any payment which has not been made by the due date, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as well after as before judgment.
Vehicles parked in our shared parking facilities are entirely at the owners risk.
Limitation of Liability
This clause sets out the full extent of our liability to you or your employees, officers, agents or contractors for breach of contract, breach of statutory duty or any other tortious liability (including but not limited to negligence) arising out of or in connection with this Agreement. Our liability for death or personal injury caused by our negligence or that of our servants or agents shall not be limited nor shall our liability for fraud. Without prejudice to the foregoing the Premises shall not be liable to the Customer for: any indirect, consequential, special or punitive loss, damage, costs and expenses; loss of profit; loss of business; loss of reputation; depletion of goodwill; or loss of, damage to or corruption of data, files or images Otherwise, our total liability shall not exceed the fees paid by you under this Agreement. We shall not be responsible for any loss or damage to any article of any kind brought to or left at the Premises by any person connected with you entering the Premises, including, without limitation, any equipment you bring on to the Premises or any props or personal belongings of your guests. We will not be liable for any loss due to acts or omissions of third parties or for any loss due to any breakdown of equipment, failure of supply of electricity, leakage of water, flooding, acts of terrorism, fire, government restriction, act of God or any event which is beyond our control which may cause the Premises to be temporarily closed or the hiring to be interrupted or cancelled.
You will keep us and our officers, servants and agents indemnified from and against all losses, damages, costs and expenses incurred by us as a result of any and all claims made against us by a third party as a consequence of your hire of the Studio save to the extent attributable to our negligence or our breach of this Agreement.
You shall have in force throughout the Hire Period a policy of indemnity insurance effective with a reputable insurance company covering you against third party risks.
You the customer agree to take no action which is intended, or would reasonably be expected, to harm the Loft Studio or its owner’s reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the aforementioned.
Any variation to this Agreement must be in writing and signed on behalf of both parties. If a court decides that any part of the Agreement cannot be enforced, that particular part of the Agreement will not apply, but the rest of the Agreement will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under the Agreement shall not prevent the exercise of that or any other right. The Customer may not assign or transfer any benefit, interest or obligation under the Agreement. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
This Agreement and any dispute arising in connection with it shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.