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Terms and Conditions (General & Hire)

LAST DATE OF REVISION: APRIL 13, 2014

When commisioning services or hiring equipment from SceneQ Studios, you agree to be bound by these terms and conditions of business. Please read them carefully as they form a legally binding agreement between company and client.

These Terms and Conditions cover our general business practices, Video production and services such as DVD duplication and artwork as well as specific terms and conditions for Equipment hire and Studio hire services.

 


 

It's the Dos and Don'ts

TO KEEP YOU ON THE STRAIGHT AND NARROW

 


SECTION THREE: STUDIO HIRE SPECIFIC TERMS & CONDITIONS

1. GENERAL
(a) There is a 50% deposit payable to book the studio
(b) The remaining 50% is due immediately upon completion of shoot
(c) Overtime payable at 10% of the daily hire charge, per hour
(d) Electricity charged at 15p per unit
(e) Shoots over 5 days by separate negotiation
2. BOOKING
(a) 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.
(b) 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.
(c) Verbal confirmation is not an accepted booking confirmation method and a studio hire booking is only confirmed once a booking form has been filled out and the terms and conditions read and accepted by The Client.
(d) The studio hire hours start from the time The Client enters the studio or the agreed booking time.
(e) The booking also includes full use of the Green Room area, desk spaces, kitchenette (inc tea/coffee etc), make-up desk and changing facilities.
(f) The booking does not include access to the Edit Suite section of the Studio premises, unless otherwise pre-arranged with The Client.
(g) While SceneQ Studios takes steps to reduce external noise from both the outdoors and other internal building users 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.
(h) SceneQ Studios cannot under any circumstances be held responsible for any external noise beyond SceneQ Studios's control including, but not limited to;
(i) Other occupants of the BV Studios Complex
(ii) Other external factors such as Motor Vehicles, Emergency Sirens, Aircraft, Wildlife,
(i) 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.
(j) 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.
(k) 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.
(l) 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 10:00pm and 8:00am, especially when arriving and leaving. (m) 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. (n) Studio Clients must not use the public corridors, 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. (o) Smoking is not permitted anywhere within the studio premises. (p) The studio is covered by employer’s liability insurance. The Production Company is responsible for its production insurance.

2. STUDIO CHARGES
(a) The standard period of studio hire is 8.5 hours, from 8.30am until 5pm. Overtime is charged hourly on a pro rata basis.
(b) The studio hire fee for the weekend carries and extra £50 charge on top of the weekday rate and includes use of all specified facilities.
(c) The studio manager and other crew are charged at £50 per hour overtime for every hour over the agreed hire period.
(d) A deposit of 50% is required to book the studio. The remainder of the fee including charges for additional services must be settled by the Production Company on or before the last day of the studio hire. Charges may apply for cancellation of a shoot within three working days of the scheduled day.
(e) The Production Company is responsible for clearing and cleaning the studio space on completion of the shoot. Failure to do so will result in additional £50 being charged.

3. STUDIO LIGHTING & ELECTRICAL
(a) The studio presumes that anyone operating any of its equipment is competent with its use. It is the studio hirer’s responsibility to pre-determine that all crew are capable and qualified for the job they are doing and will be held liable for any misuse or damages incurred.
(b) The Studio is only liable for the hiring of equipment where an equipment list is agreed in writing (itemised on booking form) prior to shooting.
(c) The Studio is liable for the performance and safety of its own electrical equipment. (d) The Studio Client should ensure that all electric equipment they bring to the studio is PAT tested and safe to use.
(e) All lighting in the Studio must be hired from the Studio (at preferential rates compared to industry standard). If the Studio is unable to supply any item of lighting equipment requested by the Studio Client, then the Studio Client may bring this item into the studio from alternative sources.
(f) The Studio will provide lighting consumables to Studio Clients at its published rate of charges, but Studio Clients may bring their own consumables to a shoot if preferred.
(g) The Studio Client should check with the Studio at the time of booking to ensure that sufficient power is available for the planned shoot.
(h) Power cuts from the National Grid are not deemed to be the responsibility of the Studio; the Studio will not be held liable for any losses incurred as a result of power cuts.

4. HEALTH & SAFETY
(a) While in the studio, The Client is responsible for their own (and third parties employed through them) insurance cover against theft, loss or damage to their own equipment. Waterloo Film Studios will not be held liable for any claims whatsoever made by The Client or substituent individuals working on any one particular shoot.
(b) The Client is responsible for and liable for their own insurance to cover personal injury to crew and cast, plus liability to any third parties involved. Waterloo Film Studios has £5m public liability insurance.
(c) Studio Clients are responsible for the health & safety of their shoot.
(d) Studio Clients should carry out a hazard assessment prior to their shoot.
(e) Studio Clients must acquaint themselves with the Studio’s emergency procedures prior to shooting. These will be found at the entrance lobby to each studio, and in the Main Reception area of the building.
(f) In the event of injury, the Studio provides a First Aid Kit. However, the studio is unable to provide First Aid qualified personnel.

5. SECURITY
(a) One Security Key Card will be issued to the Studio Client to gain access to the building, Basement and Studio through-out the booked studio time. This card must be returned to the Studio manager at the end of each day. Failure to return this card will require the cancellation of the card and a £40 admin charge will be made to The Client.
(b) For security purposes at busy studio times, studio clients, their crews and cast members (where practicable) will be asked to wear identity wrist bands when on studio premises.
(c) The Studio operates internal and external CCTV camera recording equipment. (d) The Studio wont be held responsible for Studio Clients’ lost, stolen or damaged goods or equipment on the studio premises at any time. All goods and equipment are brought onto the studio premises entirely at the owner’s risk.
(e) Any parking provided by the studio is used at one’s own risk – the studio accepts no responsibility for any damage or theft to any vehicle.
(f) By signing this booking form; you agree: i. The described nature of the shoot: music, drama, commercial, corporate, performance, etc. ii. The precise nature of any paint-work to be carried out by the studio together with associated costs. iii. To abide by the payment terms. iv. The amount of electricity to be available to the studio on the day(s) of hire. i. Only to bring the specified amount of people to the shoot (crew, cast, production).
(g) The client should inform the Studio of certain aspects of a shoot that might necessitate specific precautionary measures or the provision of additional facilities or services. These include, but are not restricted to: Excessive noise – including music playback, set-builds, nudity, use of pyrotechnics, inflammables, smoke, liquids, etc. Doing stunts, working with children or animals.

6. STUDIO CANCELLATIONS
Any cancellations, postponements or other date changes are charged at 50% of the studio rate per day.
Once the booking form has been signed and the studio has been formerly confirmed for use by a corresponding production; any cancellations or change to agreed dates would be liable to incur a cancellation fee.
SceneQ Studios will reserve the right of discretion regarding any changes to dates made after the confirmation agreement. This would purely be dependent on studio space and crew availability for the new dates.
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SECTION FOUR: EQUIPMENT HIRE SPECIFIC TERMS & CONDITIONS
 
1. EQUIPMENT
(a) The equipment on hire shall remain the absolute property of SceneQ Studios.
(b) SceneQ Studios cannot be held responsible for the failure of the equipment or for any consequential loss or damage arising out of the use of the equipment or services provided by the Companies employees hired out to The Client and The Client acknowledges that by taking delivery of the equipment he accepts that it has been fully maintained and was in good and substantial repair before leaving the Companies premises.
(c) The Companies liability in respect of any defect or failure of equipment supplied on hire is limited to making good such defect or failure by repair or replacement at the Companies option.
(d) SceneQ Studios does not warrant that the equipment is suitable for the particular or any purpose for which it is or may be required.
(e) The Client shall not assign transfer or otherwise part with possession of the equipment during the period of hire without prior consent of SceneQ Studios.
(f) The Client shall not permit the equipment to be used for any abnormal or hazardous assignments without the prior written consent of SceneQ Studios.
(g) Equipment will be returned to the original collection destination. Additional costs incurred as a result of delivery or collection to any other destination will be charged at SceneQ Studios's discretion. In particular but without prejudice to the generality of the foregoing.
 
2. LOSS OR DAMAGE TO EQUIPMENT
(a) The Client shall be responsible for the safe keeping of the equipment throughout the hire period and shall be liable to SceneQ Studios for all loss of or damage to the equipment howsoever caused.
(b) The Client shall be required to repackage the equipment as collected for return to SceneQ Studios and as per the enclosed packing instructions. The Client shall be liable to SceneQ Studios for all loss of or damage to the equipment in transit resulting from failure to repackage as per these instructions.
(c) The Client shall notify SceneQ Studios of any loss or damage to any equipment on hire with 24 hours of such loss or damage being sustained.
(d) The Client shall not carry out or attempt to carry out any repairs to damaged equipment without the prior written authority of SceneQ Studios.
(e) The Client shall pay to SceneQ Studios all costs for repairs to damaged equipment. (f) The Client shall pay to SceneQ Studios the full cost of replacing any lost equipment or any equipment which in the reasonable opinion of SceneQ Studios is uneconomic to repair with new equipment of the same or similar specification to that equipment which has been lost or damaged.
(g) Where equipment is returned with missing components, The Client shall pay the equipment hire charge until either those components are returned to SceneQ Studios premises or the cost of said components is paid in full by The Client.

3. LIMITATION OF LIABILITY
(a) If SceneQ Studios for any reason is unable to provide any equipment which is the subject of an agreement between SceneQ Studios and The Client, SceneQ Studios shall not be liable for any loss or consequential loss suffered by The Client as a result thereof.
4. CANCELLATION
(a) In respect of any order cancelled by The Client within 48 hours of the date when the period of hire was to commence, The Client shall be liable to pay to SceneQ Studios a cancellation charge equal to a quarter of the agreed hire charge. If the order is cancelled by The Client within 24 hours of the date when the period of hire was due to commence, The Client shall be liable to pay to SceneQ Studios a cancellation charge equal to half the agreed hire charge.

5. RESERVATIONS
(a) Upon booking a reservation, a non-refundable 50% deposit of the hire charge (not security deposit) is payable by The Client.
(b) Reservations must be made by phone, email, in person or in writing to be confirmed by SceneQ Studios by email or in writing.
(c) These Terms and Conditions must be agreed by The Client and signed on delivery if not before. In the event of the paperwork failing to be signed on this day, the reservation will be cancelled and cancellation charge equal to half the agreed hire charge will apply.
(d) Equipment may be collected from SceneQ Studios's premises after 3pm the previous day or at an otherwise specified time. It must be returned to the premises no later than midday the following day.
(e) If the equipment has not been returned by The Client by midday on the agreed end date, then the equipment shall be continued to be charged at the full hire rate until received.
 
6. PAYMENT
(a) Payment of any monies payable to SceneQ Studios in respect of any agreement between The Client and SceneQ Studios shall be made to SceneQ Studios prior to any equipment being collected by or despatched to the Client.
 
7. DEPOSIT
(a) The Client will be required to leave a security deposit if required before any equipment will be despatched by SceneQ Studios. SceneQ Studios will secure this deposit from the same payment method unless advised otherwise. In the event of the funds not being available and SceneQ Studios is unable to contact The Client, the reservation will be cancelled.
 
8. INDEMNITY
(a) The Client shall at all times fully indemnify SceneQ Studios, its employees, servants and agents against all actions, costs, claims, demands, proceedings or liabilities arising from or in conjunction with equipment, materials or any other services supplied to The Client by SceneQ Studios.
(b) In the event of late return of equipment by The Client, which forces the cancellation of subsequent equipment or studio hire bookings, The Client accepts full responsibility for any loss of revenue suffered by SceneQ Studios and agrees to remunerate SceneQ Studios for these losses.
 
 
Terms and Conditions are subject to change without prior notice.
 

SECTION ONE: GENERAL TERMS & CONDITIONS

1. GENERAL BUSINESS
All Contracts, whether oral or in writing, are entered into by SceneQ Studios subject to these Conditions:
(a) SceneQ Studios means SceneQ Studios.
(b) The Client means the individual, firm, company or other person with whom SceneQ Studios contracts.
(c) The Contract means any contract entered into between SceneQ Studios and the Buyer for the supply by SceneQ Studios to the Buyer of the Goods and any other services SceneQ Studios agrees to provide. SceneQ Studios may as sign, sub-contract or sub-let the fulfilment or performance of the Contract or any part thereof. The Client shall not as sign the benefit or burden of the Contract without the written consent of SceneQ Studios.
2. DESCRIPTION & SPECIFICATION
(a) SceneQ Studios offers quotations and suggestions that are provisional in that they may be changed by reference to any circumstances beyond the Companies control taking place between the date of quotation and The Clients acceptance thereof and SceneQ Studios reserves the right to change prices without having to reprint all stationery or promotional literature whereupon prices may be quoted.
(b) SceneQ Studios reserves the right to increase the contract price whether before or after the making of the Contract in circumstances where SceneQ Studios reasonably believes that The Client has under-ordered equipment or has underestimated the amount of work involved in setting up equipment by SceneQ Studios for and on behalf of The Client or in any other circumstances where The Client will require from SceneQ Studios more goods or more services in order that SceneQ Studios may complete the Contract.
(c)
(i) The full Contract price shall be paid by The Client to SceneQ Studios in the event of a failure of notification from The Client to SceneQ Studios of a cancellation of an event or promotion.
(ii) Full rental charge shall be paid by The Client to SceneQ Studios in the event of equipment being rented but not collected from the Companies premises. 
3. TERMS OF PAYMENT
(a) The Client shall pay the contract price in full within 7 days of the date of the invoice.
(b) If The Client fails to pay the contract price in full within 7 days of the date of the invoice, The Client shall immediately and without further demand become liable to pay all sums due under all other contracts made between SceneQ Studios and The Client not withstanding that 7 days has not elapsed from the date of the invoice or invoices in respect of all other contracts.
(c) SceneQ Studios reserves the right to charge late payment fees (to a maximum of £40 per late invoice) and interest on all sums due to SceneQ Studios at the rate of 5% per month in the case of overdue client payments under the 'Late Payment of Commercial Debts (interest) Act 1998'

(d) All goods, services and intellectual property are delivered by us under reservation of ownership and shall remain our property until payment has been made in full.
(e) Overdue payments shall be automatically passed to a SceneQ Studios appointed debt-collection agency, 'Thomas Higgins Ltd', after forty days of non-payment. The client shall assume responsibility for any additional costs accrued to SceneQ Studios by taking this action.
(f) If any of the events specified in Section One: Clause 6 below occurs, The Client shall become forthwith and without further notice liable to pay the contract price not withstanding that 7 days have not elapsed from the date of the invoice in respect of the contract.
4. CLAIMS
SceneQ Studios will not be liable in any way for loss, damage,Loss of profits or of contracts or any other consequential loss of any kind suffered by The Client or any third party and whether caused by negligence or otherwise resulting from any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries thereto or any failure, error or mistake by any technicians or other staff of any nature provided by SceneQ Studios.
5. INSURANCE
(a) The Client shall be responsible for any equipment lost, stolen, destroyed or damaged while in The Clients custody and shall return it to SceneQ Studios in the same condition and state in which it was hired.
(b) Hired equipment must be insured in its replacement value by The Client against physical loss or damage from the time the equipment leaves the Companies premises until it is returned and notification of the name of the insurers, policy number and confirmation that the Companies interest has been noted should be given to SceneQ Studios prior to the equipment leaving the premises.
6. RESCISSION OF CONTRACT
If any of the following events occur:-
(a) If The Client fails to pay any sum due to SceneQ Studios under the contract or any other contract between SceneQ Studios and The Client
(b) If The Client is in breach of any term of the contract or any other contract between SceneQ Studios and The Client
(c) If The Client enters into a scheme of arrangements with its creditors
(d) If The Client ceases to trade or suspends payment of its debts
(e) If The Client convenes a meeting of creditors pursuant to Section 588 of theCompanies Act 1985(f) If a Petition is presented for the winding up or bankruptcy of The Client
(g) If The Client resolves that it should be voluntarily wound up (h) If The Client is dissolved pursuant to Section 652 of the Companies Act 1985
(i) If a Receiver is appointed over all or any of the assets or undertaking of The Client then SceneQ Studios may at its sole and unfettered discretion (and without prejudice to any of its other rights against The Client) by notice in writing to The Client rescind the contract and/or suspend delivery of the goods and/or it shall there upon be lawful for SceneQ Studios to retake possession of the hired equipment, assigned materials given for review, and for that purpose to enter into or upon any premises where the same may be.
7. FORCE MAJEURE
Every effort will be made by SceneQ Studios to carry out the contract based upon their estimate but the due performance of the contract work is subject to variation or cancellation owing to an Act of God, war, civil riots, strikes, lockouts, fire, flood, storm or drought or any other cause beyond the Companies control or owing to the inability to procure materials or articles except at increased prices.
8. VARIATION, WAIVER AND REPRESENTATION
No variation, alteration or waiver of these Conditions shall be of any effect unless made in writing and signed by a director of SceneQ Studios. SceneQ Studios is not bound by any warranty or representation other than as contained in these Conditions.
9. PREVALENCE OF THESE CONDITIONS
These conditions shall prevail over The Clients standard terms of contract in all cases and circumstances whatever (unless otherwise provided herein) and no term in The Client standard terms of contract to the contrary or inconsistent effect to these Conditions shall have any force or effect whatsoever
10. SEVERANCE
If at any time one or more of the provisions of these Conditions becomes or is held illegal or unenforceable in any respect, the enforceability of the remaining provisions here of shall not in any way be impaired or affected thereby.
11. GOVERNING LAW
The Contract is governed by English Law and SceneQ Studios and The Client shall submit to the jurisdiction of the English Courts .
12. REFUSAL OF SERVICE
SceneQ Studios reserves the right of service. SceneQ Studios also reserves the right to review and change it's contractual documentation, from time to time.
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SECTION TWO: VIDEO PRODUCTION & DUPLICATION/REPLICATION SERVICES

1. GENERAL
(a) SceneQ Studios offers a range of hire and services these range from equipment rental offered on a dry hire basis (rental only, no support)
Wet hire Rental (Rental with limited support as described in our estimates and quotations) and Full Production.
(b) Copyrights.
SceneQ Studios retains all rights for any and all material it captures on behalf of its clients, whether in the UK or other locations. These copyrighted materials maybe licensed or assigned to a client for a specific use, it is the clients responsibility to inform SceneQ Studios of its use of materials made available by SceneQ Studios. Failure to request release of material can result in copyright charges being applied.
(c) Copyright waiver.
If SceneQ Studios is engaged in a production and a fee for the work has been agreed prior to commencement of work the copyright shall be assigned to the client.
(d) SceneQ Studios, shall not be held liable for any views expressed in the source material. SceneQ Studios shall control all aspects of media management, this includes the distribution by any means SceneQ Studios deems suitable.
(e) Model and image release documents.
Anyone filmed by SceneQ Studios does so out of free will and SceneQ Studios holds the rights for these interviews, images both digital and film based as well as any audio recording forever. It can assign these at will to any medium it chooses, for any purpose it chooses. Both in the UK and any other region not excluding the internet, transmission by both terrestrial and extra-terrestrial means including telephony and other means. The individual concerned releases their rights directly to SceneQ Studios, SceneQ Studios shall not be subject to any third party claim and assumes no liability for content as some views expressed may not be the views of SceneQ Studios. It owns the images, recordings both digital and on film as a whole and will remain the guardian of these forever.
6. OWNERSHIP AND RETENTION OF TITLE
The Equipment, Intellectual Property, Recordings, both digital video and audio not excluding film remain at all times the property of SceneQ Studios and The Client shall have no right, title or interest therein save that of a hirer thereof under these Conditions. The Client shall not sell or offer for sale, assign, mortgage or pledge the Equipment or any part or parts thereof or deal with The Clients interest under these Conditions which interest is personal to The Client and The Client will keep the Equipment, or copies of material for review purposes in his own possession for his own use and will not allow any lien or other incumbrance to be created in respect of the same.
15. QUOTATION AND PRICE
(a) SceneQ Studios’s quotations are provisional in that they may be changed by reference to any circumstances beyond SceneQ Studios’s control taking place between the date of quotation and The Client’s acceptance thereof and SceneQ Studios reserves the right to change prices without having to reprint all stationery or promotional literature whereupon prices may be quoted
(b) SceneQ Studios reserves the right to increase the contract price whether before or after the making of the contract in circumstances where SceneQ Studios reasonably believes that The Client has under-ordered equipment or has under-estimated the rental period of the amount of work involved in setting up equipment by SceneQ Studios for and on behalf of theCustomer or in any other circumstances where The Client will require from SceneQ Studios more goods or more services in order that SceneQ Studios may fulfil the Contract.
(c) The full contract price shall be paid by The Client to SceneQ Studios in the event of a failure of notification from The Client to SceneQ Studios of a cancellation of an event or promotion.
(ii) Full rental charge shall be paid by The Client to SceneQ Studios in the event of equipment being rented but not collected from SceneQ Studios’s premises.
16. CANCELLATION
In the event of The Client wishing to cancel the contract or part thereof, cancellation will be effective only on receipt by SceneQ Studios of notification in writing of the cancellation. SceneQ Studios reserves the right to charge cancellation fees in respect of the contract cancelled as follows:
a) Cancellation less that 14 days but more that 7 days before the first day of the contract period: 25%
b) Cancellation less than 7 days but more than 3 days before the first day of the contract period 50%
c) Cancellation less than 3 days before the first day of the contract period: 100%