TERMS AND CONDITIONS

The following are the conditions of use of the studios and services at STUDIO55  and form part of the contract between every client and STUDIO55 .

THIRD PARTY RENTALS

STUDIO55 Ltd does not permit rental items from third parties onto the premises. Rentals items not carried by STUDIO55  must be booked through STUDIO55 ’s Rental department.

HIRING CHARGES

You shall pay STUDIO55 Ltd the charges at the rates specified in the price list contained in STUDIO55 ’s current price list. Charges commence from the beginning of the period of hire to the date upon which the equipment is returned to STUDIO55 . You also agrees to pay any carnet costs, water damage charges and GST applicable to the hire.

DAMAGE OF EQUIPMENT/SPACE

Equipment is insured by STUDIO55 Ltd in New Zealand. This does not cover you for any loss or damage. You must ensure that rental equipment is stored in a secure place at all times.  In the case of loss, damage, and negligence, the whole or part of the costs of replacement or repair to the equipment/space will be charged to you. We can hook you up with project based insurance which covers rental equipment/space for you if you need.

YOUR PROPERTY WHEN IN THE STUDIO

STUDIO55 Ltd will not be held responsible for the loss, theft, or damage of any property of any person using the studios, nor for any property lost by couriers in transit to or from the studios. All care will be exercised by STUDIO55 Ltd in supervising the studios, however all clients are required to make appropriate arrangements to ensure your property is properly secure whilst in the facilities. Clients leaving property in the studios, at reception or in the equipment room overnight do so at your own risk. Clients are advised to ensure that your insurance policy covers them whilst using the facilities at STUDIO55 Ltd.

USING AND CLEANING OF EQUIPMENT AND SPACE

You shall at all times use the equipment/space in a skilful and proper manner and shall at your own expense keep the equipment/space in good condition. It is agreed that the whole or any part of the costs incurred by STUDIO55  Ltd arising out of failure by you under this clause will be charged to you.

If you rent our studio and failed to keep it clean, there will be additional charge for cleaning/repainting; possible extra charge includes: Cleaning fees of $200 + GST; Floor Repaint $250 + GST; Cyc Wall Repaint $300 + GST. Your rental includes rubbish cleaning fees (a standard sized rubbish bin of 20L will be supplied on site, anything that fits in to the bin will be free of charge), STUDIO55 Ltd will use its own discretion when deciding whether or not the space is in need of which level of cleaning/repainting.

FREIGHT

You shall be responsible for all freight and other charges (e.g. carnet costs), whether incurred by STUDIO55  or you in respect of the delivery and return of the equipment. STUDIO55  is not liable for any delays in delivery of equipment or for any costs associated with such delay.

SUB-HIRE

The parties agree that you shall retain the equipment/space for your own personal use and shall not part with the possession of the equipment/space or otherwise sub-lease, sub-hire, or assign the benefit of this agreement to any other person or corporation without prior written consent of STUDIO55  Ltd.

BREAKDOWN OR MALFUNCTION

In the event of a breakdown or failure of equipment/space, you shall immediately notify STUDIO55  Ltd and return the equipment to STUDIO55 ’s premises forthwith. If STUDIO55  Ltd is not informed immediately upon breakdown or malfunction, you will be responsible for all damage and or repair costs. On no account should you repair or attempt to repair the equipment/space without prior consent of STUDIO55 Ltd. In the event that such a breakdown or failure is caused by reasonable wear and tear and not by your negligence or misuse, then the period of hire shall be determined upon return of the equipment to STUDIO55 Ltd. STUDIO55 Ltd will use its own discretion when deciding whether or not you have been negligent. In the case of negligence, the whole or part of the costs of replacement may be charged to you: STUDIO55 Ltd will not be liable for any damage claims, cross hire fees, or any other fees due to breakdown, malfunction or misuse of equipment/space.

TERMINATION OF CONTRACT

If any of these hire terms are breached, STUDIO55 Ltd reserves the right to cancel the rental immediately. STUDIO55 Ltd reserves the right to change these terms at any time without notice.

LIABILITY

Where permitted by the Trade Practices Act 1974, STUDIO55 Ltd shall not be liable to you or any third party with respect to any loss or damage however caused, arising directly or indirectly from the hire of the equipment/space. STUDIO55 ’s liability, if any, is limited to a refund of the hire fees charged for such equipment/space. You indemnifies or holds harmless STUDIO55  from any and all liability, losses, damage, claims, demands and expenses of any kind caused directly or indirectly from this equipment/space hire contract. STUDIO55 Ltd and its employees will not be liable for any costs related to the re-capture of any digital data.

CARE WITH ELECTRONIC DEVICES

Lighting and electronic equipment is highly sensitive to voltage fluctuations and may only be used with the approved generator approved by STUDIO55 Ltd. Equipment used on non- approved generators are liable to explode and incur substantial repair costs and may cause collateral damage and personal injury. If you uses a non-approved generator, then you are entirely liable for all damage and repair costs.

PAYMENT TERMS

Customer: Payment shall be made on the day of ordering goods and or booking for services.

Account Customers: Credit terms are payments in full, 30 days from the date of invoice and in New Zealand legal currency. If payment is not received by STUDIO55 Ltd within that time the liquidated damages at the rate of 12% per annum, or as advertised from time to time by Westpac indicator rate, plus 3% on any unpaid part of the invoice will apply until payment is received in full. Such liquidated damages are a genuine pre-estimate of the damages sustained by the company as a result of non-payment by the customer by the due date. Payment by credit card over $500.00 will incur an additional 3% charge for Visa and Mastercard and an additional 5% for American Express. Once an invoice is received, any queries or disputes regarding charges appearing on the invoice must be directed to STUDIO55 ’s accounts department within 7 days.

CHARGES

All price and hire charges shall be as quoted by STUDIO55 Ltd. All prices exclude insurance, delivery and GST. All quotations shall remain valid for a period of 30 days from the date on which they are issued, unless the Client’s order differs from the requirements or specifications on which such quotation was based. The provision of a quotation by STUDIO55 Ltd to the Client does not guarantee the availability of the equipment, studio facilities, consumables and/or services specified in such quotation, either at the time of the quotation or at the time the Client wishes to place its order.

Prices: Hire charges and/or quotations provided by STUDIO55 Ltd may be subject to change without warning. Where hire charges include a charge for the provision of personnel, overtime rates may apply during certain hours or after certain periods of time, in accordance with STUDIO55 Ltd applicable price list(s). Travel, subsistence and accommodation expenses for STUDIO55 Ltd personnel will be charged to the Client, in addition to applicable day rates and hire charges.

CANCELLATION

If any order is cancelled less than 24 hours prior to the intended start of the hire period, the Client shall pay STUDIO55 Ltd 100% of the hire charges for all equipment and/or studio hire for the first full day of the hire period. If any order for the rental of equipment is cancelled less than 48 hours prior to the intended start of the hire period, the Client shall pay STUDIO55  50% of the hire charges for all equipment and/or studio hire for the first full day of the hire period. If any order for the rental of equipment is cancelled after the intended start of the hire period, the Client shall pay STUDIO55  100% of the hire charges for all equipment for the first full day of the hire period, together with any delivery costs incurred by STUDIO55 .

“Working hours” for this purpose are: 8am to 6pm. By way of example, if the hire period is due to start at 9am on Tuesday and the Client cancels its order at 7pm on the Monday evening, that equates to one working hour’s notice of cancellation and the charges specified above shall apply.

GENERAL

STUDIO55 Ltd reserves the right to change operating hours.

The Client may not assign, sub-license or sub-contract any of its rights or obligations under the Terms of Hire without prior written consent of STUDIO55 Ltd. These Terms of Hire constitute the entire agreement and understanding between the parties with respect to their subject matter and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, with respect to the same. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in communications between the parties except as set out in these Terms of Hire. Neither party shall have any remedy in respect of any untrue statement made to it upon which it has relied (unless such untrue statement was made fraudulently) and that party’s only remedies shall be for breach of contract as provided in these Terms of Business.

DIGITAL INTERNET BASED SERVICES

The up-time and accessibility of Internet based services is not guaranteed. STUDIO55 Ltd will not accept liability for any failure of any Internet based services as a result of computer system failure, Internet failure, software bugs, computer viruses, software or hardware breakdown, incompatibility of STUDIO55 ’s Internet based services with any third party software being used by the Client, or for any other reason outside of STUDIO55 ’s reasonable control.

The Client shall be responsible for maintaining the confidentiality of all passwords for access to Internet based services, and STUDIO55 Ltd will not accept liability for lost or stolen passwords, or for any unauthorized access to the client’s digital data held on any Internet based service. STUDIO55 Ltd will not accept any liability for any data being stored, and it is the responsibility of the Client to manage, delete and archive such data. If the Client uses STUDIO55 Ltd services to edit, retouch, and/or manipulate digital data, STUDIO55 Ltd does not accept liability for any resulting loss of digital data.

By hiring from STUDIO55 s, I agree without limitation, to all of STUDIO55 s Terms and Conditions stated above.