Issued in accordance with the Department of Employment Regulations 1973, the Studio's booking confirmation form, containing the specific terms of the booking, must be signed and returned by the client. Failure to sign and/or return the booking confirmation form while proceeding with the booking is deemed to be acceptance by the client of these terms and conditions, which then apply to and govern the booking between the Studio and the client.
Any amendment and/or variation made to the booking confirmation form by the client is not valid and binding unless the Studio has agreed to it in advance and confirmed that agreement by signing the booking confirmation form after the amendment or variation has been included.
General
MOTHERLIGHT Ltd is a registered UK limited company.
Registered address: Studio 15, Holborn Studios, 49-50 Eagle Wharf Road, London, N1 7ED.
Company registration number: 16413780.
VAT registration number: 492169759.
The Studio will not entertain any claims arising out of a client's failure to effect its own insurance cover. The client must ensure that public liability insurance is operative for all persons in the studio during the hours of use, to cover any accident, injury or death.
These conditions constitute the entire contract and may only be varied in writing, signed by an authorised signatory on behalf of the Studio. Nothing in these conditions is intended to exclude, restrict or modify liability on the part of the Studio resulting from negligence, unless permitted by statute.
The client is responsible for any breakages, loss or damage to the equipment or the studio caused by or arising from the client's use of it, or by any servant, agent, employee or subcontractor of the client.
Discounts offered on studio hires are exclusive and cannot be combined. Except for company wide discounts or those agreed in advance, the higher discount will always apply. Special offers must be requested at the time of booking and are not applied automatically.
Noise levels should be kept to an acceptable level at all times. The studios have neighbours.
Studio hire
The studio is available for daily use between 0800 and 1800. Use outside these hours is not permitted unless previously agreed in writing by the Studio.
The studio may be provisionally booked by email, and the booking should be confirmed within 48 hours. If the client wishes to postpone a confirmed booking, this must be done at least 72 hours before the hire period starts, or 50% of the full studio booking rate will apply.
Bookings may only be extended with the Studio's prior consent, and agreed overtime rates apply to hires that run over the booked time. Clients must ensure that set up and take down happen within the hours booked.
The client must observe all regulations governing the use of the studio and any equipment and services, whether imposed by the Studio or by any statutory body or local authority.
The studio is available for the exclusive use of the client named in the booking, who is not permitted to subcontract, sublet or otherwise allow any third party to use the studio without the Studio's prior written consent.
Any materials used in connection with sets constructed by the client, and any rubbish, must be removed from the studio at the end of the hire period at the client's expense, otherwise additional charges apply. No alterations, decorations or additions to the studio are permitted without the Studio's consent. At the end of the hire period the studio must be surrendered in the same condition it was in at the start. The client is liable for any costs the Studio incurs from a breach of this condition.
The studio is strictly no smoking, which includes the use of fire, haze and smoke machines. A fine of £250 applies if smoke alarms are set off.
Hire of services and equipment
All equipment and services are supplied by the Studio entirely at the client's risk. The Studio is not liable for loss or damage of any kind to material, props or equipment entrusted to it, however caused, including consequential loss and loss of profit.
The client must notify the Studio at the time of supply if the condition of any equipment is not acceptable. In no circumstances is the Studio liable for any loss or damage, including consequential loss, arising out of the use of or inability to use the equipment supplied or agreed to be supplied.
Without the Studio's written consent, the client may not:
- remove the equipment from the studio premises
- modify, alter or tamper with the equipment in any way
- use the equipment in a manner not recommended by the manufacturer
- allow the equipment to be used by any untrained or unauthorised personnel
- part with possession, sell, pledge, encumber or allow any lien to be created on the equipment
Where, at the client's request, the Studio supplies assistants, subcontractors, freelancers or other persons, those persons are deemed to be the client's servants and their services deemed to be rendered by the client. The Studio is not liable for loss or damage of any kind however caused in connection with them, nor for any statement, advice or instruction given by any servant of the Studio or any other person whose services are supplied to the client.
The hire period for services or equipment cannot be extended other than with the Studio's consent. Equipment must be returned promptly at the end of the hire period in good condition, save for fair wear and tear. The client must pay or compensate the Studio for the replacement value of lost or damaged equipment, or for any cancellation, variation or late return.
Equipment and services may be provisionally booked by email and should be confirmed within 24 hours. Bookings may only be extended with the Studio's prior consent, and a minimum overtime rate of £50 per hour applies to hires that run over the booked time.
Payment and additional charges
Unless otherwise agreed in writing, all transactions are settled in line with the Studio's payment terms before the hire period begins. Accounts must be settled within 14 days of the invoice date. Prices may be varied without notice.
Any unpaid amount due is liable to interest at 5% above the Bank of England base rate.
The hire charge commences when the studio and/or equipment is made available to the client, whichever is earlier, and terminates when it is surrendered or returned, or the agreed hire period ends, whichever is later. The Studio will charge additional hire hours at the published hourly rates, and reserves the right to make an additional hourly labour charge to cover costs incurred as a result of a failure to comply with these terms.
Any additional equipment, services, staff or changes to the booking confirmation are billed to and paid for by the client. At the end of the hire period the client may be charged, at the Studio's discretion, an additional rental where the studio or any item of equipment is returned in a bad or damaged condition that precludes further use or hire.
Where the Studio is required to place a security deposit with a third party for the hire of any equipment, that deposit is paid to the Studio by the client when the booking is made. The Studio has a general lien on any film, media, equipment or property in its possession for payment of any monies due to it from the client.
Exclusions of liability
The Studio is not liable to the client for any loss, damage, expense, liability or consequential loss, including loss of profit, arising out of or in connection with:
- any damage to or loss of property by the client or the client's servants, agents or any third party
- any breakdown, stoppage or failure of the facilities and equipment provided in the studio, or any other equipment supplied to the client by the Studio
- any death or injury occasioned to any client or servant or agent of any client through use of the studio or any equipment, unless directly attributable to the Studio's negligence or that of its servants or agents
- any fines and/or legal costs incurred by the Studio or the client for any activity connected with the hire of the studio or equipment
- any failure by the Studio to comply with its obligations to the client due to circumstances beyond the Studio's control
Indemnity
The client shall at all times keep the Studio indemnified against all actions, proceedings, costs, charges, claims, expenses and demands which may be made or brought against the Studio or its servants or agents 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 the Studio, even where caused wholly or in part by the negligence or breach of contract of the Studio, its directors, servants or agents, save in respect of any death or personal injury caused by the Studio's negligence as above.
Termination
The Studio may summarily terminate any hire contract with the client on the happening of any of the following:
- the client fails to pay any monies due to the Studio, or dishonours a cheque paid to it
- the client enters into liquidation, other than for amalgamation or reconstruction, has a receiver appointed over its assets, or, being an individual, is declared bankrupt or has a receiving order made against them
- the client is in breach of any of these terms
Any such termination is without prejudice to any rights the Studio had accrued against the client before the date of termination.
Applicable law
These conditions are read and construed in accordance with the laws of England, Scotland, Wales and Northern Ireland.
Variation
These terms and conditions shall not be varied except by agreement in writing.