Studio Rental Agreement
This Studio Rental Agreement is effective as of the date of last signature and is made between the “Owner”, Broadscope Studios Ltd a photography and video studio and equipment hire company organized under the laws of the United Kingdom with offices at Broadscope Studios, 146 Crownpoint Road, Glasgow, G40 2AE and the “Renter” [INSERT] Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
Studio Space and all fixtures, 4x C-stands with boom arms, 6x poly board reflectors, and extension cables.
1. Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Renter shall return the Studio and Equipment on the date specified in the Shoot Detail Documentation unless terminated earlier consistent with the terms herein.
2. Payment. Renter shall pay the following:
A rate of [INSERT] for (a) Full Day(s), additional hours, green screen, cloth and/or colorama services supplied as outlined in the Invoice and Shoot Detail Documentation, totaling [INSERT].
And authorize Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement.
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) Charges for optional services, if any;
b) Loss of, or damage or repair to the Studio and/or Equipment, loss of use, diminution of the Studio and/or Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
c) A £50.00 charge per hour for late return of the Studio and/or Equipment or the highest amount allowable under law;
d) Unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Studio and/or Equipment assessed against Owner or the Studio and/or Equipment during the rental Term;
e) All expenses Owner incurs due to Renter’s failure to return the Studio and/or Equipment including costs in locating and recovering the Studio and/or Equipment;
f) All costs incurred to collect unpaid monies due; and
g) Twenty-five pounds (£25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
3. Late Payment. If Renter fails to make any installment payment within 30 days of the due date, Renter shall pay a surcharge of £25 per day for late payments.
4. Location of Studio and Equipment. During the Term, Studio and Equipment shall be located at Broadscope Studios, Unit 13, 142-146 Crownpoint Road, Glasgow, G40 2AE, unless expressly agreed otherwise in writing by Owner.
5. Care of Studio and Equipment. Studio and Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.
6. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items. Studio and/or Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
7. Restrictions on Use. Renter shall not:
a) Permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) Operate or use the Studio and/or Equipment or permit it to be operated or used in violation of law;
c) Operate or use the Studio and/or Equipment or permit it to be operated or used to commit a violation of law;
d) Operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment; and/or
e) Operate, use or maintain the Studio in a manner likely to cause damage to the Studio.
8. Loss or Damage. Renter shall alert Owner to any damage to the Studio and/or Equipment. Renter shall be responsible for any loss or damage to Studio and/or Equipment and loss of use, diminution of the Studio and/or Equipment’s value caused by damage to it or repair to it and missing equipment.
9. Condition of Studio and Equipment. The Condition of Studio and Equipment Checklist (“Checklist”) attached is hereby incorporate by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist.
10. Return of Studio and Equipment. Renter shall return Studio and Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Studio and Equipment to the agreed return location. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
11. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
12. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Studio and/or Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF STUDIO AND/OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Ownership. Owner shall at all times retain ownership and title to the Studio and Equipment. Renter shall immediately notify Owner in the event Studio and/or Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Studio and Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
14. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
15. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
16. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
17. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
18. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
19. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
Payment for the hire is acceptance of the Studio Rental Agreement and Terms & Conditions.
TERMS AND CONDITIONS
In these conditions the following expressions have the following meanings:
“Broadscope Studios” Broadscope Studios Ltd trading as Broadscope Studios.
“The Customer” any person or firm or company dealing with Broadscope Studios or any servant or employee of such a person firm or company.
“Services” shall include all studio facilities and the services of assistants, technicians, operators and other personnel of Broadscope Studios or of any
sub-contractor of the Company.
“Equipment” all studio fixtures, props and other equipment provided by Broadscope Studios or by its nominated sub-contractors.
“Studios” the premises of Broadscope Studios situated at, 146 Crownpoint Road, Glasgow, G40 4AE for the time being where the services and equipment are provided.
1. Broadscope Studios will insure the Studio and Equipment against all normal insurable risks but not further or otherwise. The Customer must effect its own insurance cover against consequential loss of profit and other Risks and must effect its own cover against loss, damage or theft of any of its own equipment brought onto the studio. Under no circumstances will Broadscope Studios entertain any claims arising out of any failure of the Customer to effect its own insurance cover. The Customer must ensure that their Public Liability insurance is operative for all persons in the studio during the hours of use to cover any accident, injury or death.
2. These Conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorised signatory on behalf of Broadscope Studios.
3. Full details of the Broadscope Studios services and charge rates are set out in the Broadscope Studios Hire Rate Card, which may be varied by Broadscope Studios without notice. The Broadscope Studios Hire Rate Card can be viewed upon request.
4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of Broadscope Studios resulting from negligence or otherwise unless permitted by Statute.
5. The Customer is responsible for any breakages, loss or damage occasioned to the Equipment or the Studio caused by or arising from the Customer use thereof or by any servant agent employee or sub-contractor of the Customer.
6. Any discounts offered on Broadscope Studios hires are exclusive. They cannot be combined. Except for company wide or pre-agreed discounts, the higher discount will always be applied. In the case of special offers these must be requested at time of booking, and will not automatically be applied.
1. The Studio is available for daily use between 0900hrs and 1800hrs. Use outside these hours is not permitted unless previously agreed in writing by Broadscope Studios.
2. The Studio may be booked online and the booking should be confirmed within 24 hours. The Customer will be further required to sign Studio and Equipment Hire Forms which are binding to these Conditions.
3. Studio and Equipment hire bookings must be paid for before the day of booking unless otherwise agreed in writing.
4. If the Customer wishes to postpone or cancel 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.
5. Bookings may only be extended with the prior consent of Broadscope Studios, and published ‘overtime’ rates will be applicable to hires that run over the booked time. Customers must ensure that set up and take down time takes place within the hours booked.
6. The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by Broadscope Studios or by any statutory body or Local Authority.
7. The Studio is available for the exclusive use of the Customer named in the booking and the Customer is not permitted to sub-contract, sub-let or otherwise permit any third party to utilise the Studio without the prior written consent of Broadscope Studios.
8. Any materials used in connection with sets constructed by the Customer as well as any rubbish shall be removed from the Studio at the end of the hire period at the expense of the Customer otherwise additional charges will apply.
9. No alterations, decorations or additions to the Studio are permitted without the consent of Broadscope Studios. At the end of the hire period the Studio must be surrendered in the same condition that it was in at the start of the hire period. The Customer shall pay any costs incurred by Broadscope Studios arising out of any breach of this Condition.
Hire of Service and Equipment
1. All equipment and services are supplied by Broadscope Studios entirely at the risk of the Customer. Broadscope Studios shall not be liable for loss or damage of any kind to material or props or equipment entrusted to it however caused including consequential loss and loss of profit.
2. The Customer must notify Broadscope Studios at the time of supply if the condition of any Equipment is not acceptable.
3. In no circumstances shall Broadscope Studios be liable for any loss or damage, including consequential loss, however caused arising out of the use or the inability to use the Equipment supplied or agreed to be supplied.
4. The Customer may not without the written consent of Broadscope Studios:
a) Remove the equipment from the Studio premises; or
b) Modify or alter or tamper with the Equipment in any way; nor
c) Use the Equipment in a manner not recommended by the Manufacturer; nor
d) Allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor
e) Part with possession sell pledge encumber or suffer any lien to be created on the Equipment.
5. Where at the request of the Customer Broadscope Studios supplies to the Customer the services of assistants, sub-contractors, freelancers or other persons such persons shall be deemed to be the servant of the Customer and the said services shall be deemed to be rendered by the Customer and Broadscope Studios shall not be liable for loss or damage of any kind however caused.
6. Broadscope Studios shall not be liable for any loss or damage howsoever arising out of any statement advice instruction or any other representation given or made by any servant of Broadscope Studios or any other person whose services are supplied to the Customer.
7. The hire period for services or Equipment cannot be extended otherwise than with the consent of Broadscope Studios.
8. Equipment must be returned promptly at the end of the hire period in good condition (save for fair wear and tear). The Customer shall pay or compensate Broadscope Studios for the replacement value of lost or damaged Equipment or in respect of any cancellation or variation of any order or failure to return the Equipment on time.
9. Equipment and services may be booked online and the booking should be confirmed within 24 hours. The Customer will be further required to sign an Equipment Hire Form which is binding to these Conditions.
10. Bookings may only be extended with the prior consent of Broadscope Studios, and published overtime rates will be applicable to hires that run over the booked time.
Payment and Additional Charges
1. Unless otherwise agreed in writing all transactions will be settled in agreement with Broadscope Studios payment terms set out in our terms and conditions before the commencement of the hire period. Authorised account holders must settle accounts within 14 days of the date of invoice. Prices may be varied without notice to the Customer.
2. Any due amount unpaid shall be liable to interest at 8% above the Bank of England base rate.
3. The hire charge commences when the Studio and/or Equipment is made available to the Customer whichever is the earlier and terminates when the Studio and/or Equipment is surrendered or returned to Broadscope Studios or the agreed hire period ends whichever is later, Broadscope Studios will charge for additional hire hours at the published hourly rates. Broadscope Studios reserves the right to make an additional hourly labour charge to cover any costs incurred by Broadscope Studios as the result of failure to comply with these Terms & Conditions.
4. Any additional Equipment, services, staff or modifications to the Confirmation of Booking will be billed to and paid for by the Customer.
5. At the end of the hire period the Customer may be charged at the discretion of Broadscope Studios an additional rental where the Studio or any item of Equipment is delivered to or returned to Broadscope Studios in a bad or damaged condition so as to preclude use or hire of the said Studio or Equipment.
6. Where Broadscope Studios is required to place a security deposit with any third party for the hire of any item of equipment such deposit shall be paid to Broadscope Studios by the Customer when the booking is made.
7. Broadscope Studios shall have a general lien on any film, media or other equipment digital or otherwise or property in the possession of Broadscope Studios or in the Studio premises for the payment of any monies due to Broadscope Studios from the Customer.
Exclusions of Liability
Broadscope Studios shall not be liable to the Customer for any loss damage expense liability or for any consequential loss (including loss of profit) whatsoever or howsoever arising out of or in connection with any of the following:
1. Any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
2. Any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by Broadscope Studios.
3. Any death or injury occasioned to any Customer or servant or agent of any Customer occasioned by the use of the Studio or any Equipment unless such death or injury is directly attributable to the negligence of Broadscope Studios or the servants or agents of Broadscope Studios.
4. For any fines and/or legal costs incurred by Broadscope Studios or the Customer for any activity connected with the hire of the Studio or Equipment.
5. Any failure on the part of Broadscope Studios to comply with its obligations to the Customer due to any circumstances beyond the control of Broadscope Studios.
The Customer shall at all times keep Broadscope Studios indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against Broadscope Studios or the servants or agents of Broadscope Studios 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 Broadscope Studios even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of Broadscope Studios its directors servants or agents save in respect of any death or personal injury caused by the negligence of Broadscope Studios as aforesaid.
Broadscope Studios may summarily terminate any hire contract with the Customer upon the happening of any of the following events:
1. If the Customer shall fail to pay any of the monies due to Broadscope Studios or dishonour any cheque paid to it; or
2. If the Customer enters into liquidation (other than for the purposes of amalgamation or reconstruction) or shall have a Receiver of its assets appointed or being an individual shall be declared bankrupt or having a Receiving order made against them;
3. If the Customer shall be in breach of any of the terms of these Conditions and any such termination shall be without prejudice to any rights accrued to Broadscope Studios against the Customer prior to the date of termination.
These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island.
These Terms and Conditions shall not be varied except by agreement in writing.
The Customer acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
Payment for the hire is acceptance of the Studio Rental Agreement and Terms & Conditions.