TERMS & CONDITIONS
Please read our TERMS & CONDITIONS (located below) for your booking at The Heath²StudioUpon receiving these terms and conditions, you automatically agree to our terms and conditions. Likewise, being on/at/in any of The Heath² premises, you automatically agree to our terms and conditions. (Unless explicitly denied)
I. Definitions
In these conditions the following expressions have the following meanings:
“The Heath²”/”Studio” – and any of the partners or any servant, agent, employee, or sub-contractor on behalf of The Heath².
Camera Work London Limited is the “Company” that manages The Heath².
“The Customer”/”Client”/”Hirer” – any person, firm, or company dealing with The Heath²; or any servant or employee of such a person, firm, or company.
“Services” – shall include all Studio space or stage location facilities and the services of drivers and assistants and other personnel of The Heath² or of any sub-contractor of the Company.
“Equipment” – shall include all fixtures, vehicles, lighting and other materials provided by The Heath² or by its nominated sub-contractors.
“Studio” – the premises of The Heath² for the time being where the services and equipment are provided.
II. General
These Conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorised signatory on behalf of The Heath².
Details of The Heath² services are set out on the Studio website. Prices and rates may be varied by The Heath² without notice.
the Customer shall inform The Heath² whether they require a member of The Heath² staff (at extra costs) to be on site to assist with equipment, lighting, etc during the booking. Without this information it will be assumed that the Customer is confident and competent to use the Studio unaided, safely and professionally.
Nothing in these Conditions is intended to exclude, restrict or modify liability on the part of The Heath² resulting from negligence or otherwise.
The UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements are in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications.)
Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, or constitute either party the agent of the other.
III. Studio Hire
The Studio may be provisionally booked by email and the booking should be confirmed within 24 hours of the provisional booking. The Customer will be required to pay the full amount of the hire fee. The payment is required in full prior to the booking, and access to the Studio will be secured only when the full payment has been received.
The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by The Heath² or by any statutory body or Local Authority.
The Studio is available for the exclusive use of the Customer named in the booking (and their party), and the Customer is not permitted to sub-contract, sub-let or otherwise permit any third party to utilize the Studio without the prior written consent of The Heath².
“First Option” is a non-binding, non-transferable option given by the Company to the Customer for a specified job, date, venue, rate and/or package.
“Rate Cards” are sent to the client to inform them of the up to date, and current prices of the hire of the studio. No previously sent rates or agreement will be valid.
“Second Option” is a non-binding, non-transferable option issued to the Customer when the required studio/date already has a “First Option”in place from a separate client, and to register the Customer’s interest in the studio and date;
Neither “First Option” nor “Second Option” shall constitute an offer capable of booking acceptance by a Customer or the Studio. In the case of either option being given, NO guaranteed agreement has been made between the Studio and Client.
If a client is holding "First Option" on a studio, and the Company receives a "Second Option" from a separate client; the client holding "Second Option" reserves the right to "Challenge" the client holding "First Option". Thereby giving the client with "First Option" 24 hours to confirm or deny their booking, otherwise the "first option will be given to the client holding "Second Option".
Notice by the Customer to the Company to confirm an Option constitutes an offer by the customer to purchase Goods and/or Services and/or hire the Venue and Equipment in accordance with these Conditions and shall constitute a Provisional Booking Confirmation.
Any materials used in connection with sets constructed by the Customer as well as any rubbish shall be forthwith removed from the Studio at the end of the hire period at the expense of the Customer. The Heath² will be invoicing the Client for anything that is left behind by the Client and needs to be disposed of.
No alterations, decorations or additions to the Studio are permitted without the consent of any partner of The Heath² and 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. Any costs incurred by The Heath² arising out of any breach of this Condition shall be paid by the Customer in full.
The Studio will be clean at the start of the hire period and all the costs of painting, repairing, redecorating, and maintaining are payable by the Customer if the Studio is not returned in the same state as it was at the start of the hire. The Heath² must be notified by the Customer prior to the start of the hire period if any aspect of the condition or decoration of the Studio are required. If no such notification is given, The Heath² will assume that the studio is in an acceptable standard for use.
The Customer must include set up and take down/clean up time within the hours booked, to avoid overtime charges.
Noise levels must be kept to a reasonable level during Studio hire bookings. Clients are asked to consider other occupants and neighbor residents when using the Studio.
No animals are allowed in the building (except guide dogs) unless otherwise agreed with The Heath².
No smoking (including vaping and e-cigarettes) is permitted inside the Studios or throughout the building.
Smoke and Haze machines can only be used when this is agreed with The Heath² in advance.
No illegal activities are accepted and anyone not compliant will be asked to leave and/or police will be called.
The Studio is fitted with CCTVs. Images are recorded for the purpose of crime prevention and the staff safety and they might be also stored to claim for any damages incurred during the booking. Any attempt to circumvent, obstruct or tamper with the security systems will be considered a breach of these Terms and Conditions and the Studio has the right to terminate the booking. Any money paid will be non-refundable and any balance for the Hire of the Studio will still be due.
Use of the car park has to be requested and confirmed between the Customer and The Heath² management. The number of car park spaces available vary, so the Customer must enquire for availability before booking the studio. No Customer has the right, or should take for granted that there is a car park space available without previous consent. A car without a booked space, will not be accepted.
Loading Bay is available, unless otherwise notified. The Customer needs to organize loading/unloading operations with the Studio prior to the booking.
IV. Hire of Equipment and Services
All Equipment and services are supplied by The Heath² entirely at the risk of the Customer. Any loss or damage of any kind to material, props, or equipment that have been entrusted to the Studio; The Heath² is not liable. The Customer is responsible for any loss or damage to the Equipment or the Studio caused by or arising from the Customer use thereof or by any servant, agent, employee, or subcontractor of the Customer.
All Equipment supplied to the Customer will be in good condition. The Customer must notify The Heath² at the time of supply if the condition of the Equipment is not acceptable.
In no circumstances shall The Heath² be liable for any transport cost, or for any loss or damage - including consequential loss or damage, however caused.
The Customer may not without the written consent of The Heath²:
Remove the equipment from the Studio premises; or
Modify, alter, or tamper with the Equipment in any way; nor
Use the Equipment in a manner not recommended by the Manufacturer; nor
Allow the Equipment to be used by any untrained or unauthorized personnel; nor part with possession, sell, pledge, encumber, or suffer any lien to be created on the Equipment.
Where at the request of the Customer, The Heath² supplies to the Customer the services of a driver, assistant, sub- contractor, freelance or other person; such a person shall be deemed to be the servant of the Customer and the said services shall be deemed to be rendered by the Customer, and The Heath² shall not be liable for loss or damage of any kind however caused.
The Heath² shall not be liable for any loss or damage however arising out of any statement, advice, instruction or any other representation given or made by any servant of The Heath² or any other person whose services are supplied to the Customer.
Any materials brought onto the Premises, including those used in connection with sets constructed by the Customer or other materials, or packaging in general, brought on site by the Customer shall be removed from the Studio at the Customer’s expense at the end of the Hire Period.
The hire period for services or Equipment cannot be extended without consent of The Heath².
Equipment must be returned promptly at the end of the hire period in good condition. The Customer shall pay or compensate The Heath² for the replacement value (plus any administration fee) of lost or damaged Equipment. In respect of any cancellation, or variation of any order, or failure to return the Equipment on time - The Client will be liable for all fees incurred.
Total Loss of the Equipment, in the reasonable opinion of the Company, is when an item is considered damaged beyond repair, lost, stolen, seized or confiscated; Refer to point IV.6.
Damage waiver will be applied to ALL hired equipment (this excludes studio hire, catering, and consumables)
Damage waiver is a charge added to your rental that covers against any accidental damage (exc. Negligence) that may occur whilst the rental equipment is in your care.
You are then liable for the first £300 of any claim resulting in any loss or damage to equipment under your rental.
Damage waiver is compulsory unless you have your own insurance that covers photographic hire. We will need to see a copy of your policy before the rental starts so that we can remove the charge.
V. Payment and Additional Charges
Unless otherwise agreed in writing, all transactions will be settled in agreement with The Heath² payment terms set out in these terms and conditions before the commencement of the hire period. Clients not paying the full amount must settle accounts within 24 hours of the booking. Prices may be varied without notice to the Customer.
Overdue payments will incur interests at 15% per week thereof.
The hire time commences when the agreed hire period starts (with or without the Customer being present) and terminates when the Studio and/or Equipment is surrendered or returned to The Heath². The Heath² will charge for overtime; see point XI.3.
Any additional Equipment, services, staff or modifications to the Confirmation of Booking shall be billed to and paid for by the Customer.
The risk of loss, theft, damage or destruction of the Goods and Equipment shall pass to the Customer on completion of delivery of the Goods, or the Equipment to the Customer at start of the Hire Period, as applicable.
At the end of the hire period the Customer may be charged at the discretion of The Heath² an additional rental where the Studio, or any item of Equipment is delivered to, or returned to The Heath² in a bad or damaged condition. Anything damaged will be charged at full price plus 25% administration/restock charge.
Where The Heath² is required to place a security deposit with any third party for the hire or acquisition of any item, equipment or construction material, such deposit shall be paid to The Heath² by the Customer in full when the booking is made.
The price payable by the Customer shall be The Heath² current price for such goods and services, and may change from time to time, as set out in the relevant Draft Invoice/Quotation, which shall set out prices exclusive of VAT.
The Heath² shall have a general lien on any film, tape, media, other digital equipment, or property in the possession of The Heath², The Studio reserves the right to determine if any charge of such leniency will be given.
A damages security deposit might be required on the day of hire depending on the type of booking. Once the equipment and the Studio conditions have been inspected on the day, your deposit will be returned to you. This deposit will be of at least £200+VAT depending on the shoot type and total number of people involved in the shoot.
All rates are exclusive of VAT.
VI. Exclusions of Liability
Subject as hereinbefore mentioned The Heath² 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:
Any damage to or loss of property by the Customer or the Customers servants or 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 Customer by The Heath².
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 The Heath² or the servants or agents of The Heath².
For any fines and/legal costs incurred by The Heath² or the Customer for any activity connected with the hire of the Studio or Equipment.
Any failure on the part of The Heath² to comply with its obligations to the Customer due to any circumstances beyond the control of The Heath².
The Heath² cannot be held responsible for loss or damage to any equipment or personal property of the Customer or related parties. Anything left at the Studios will be disposed of or given to charity if not claimed back within 24 hours. No Client related property and equipment will be covered by any insurance held by The Heath² including anything left overnight.
VII. Indemnity and Insurances
The Customer shall at all times keep The Heath² indemnified against all actions proceedings, costs, charges, claims, expenses, and demands whatsoever which may be made or brought against The Heath², or the servants, or agents of The Heath² 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. nomi
Services supplied by The Heath² even where such injury, loss, damage, or expense is caused wholly or in part by the negligence or breach of contract of The Heath², its directors, servants, or agents in respect of any death or personal injury caused by the negligence of The Heath² as aforesaid.
The Customer must ensure that they have their own public liability insurance for all persons in the Studio during the hours of use, to cover any accident, injury or death.
During the Hire Period, the Customer shall (without prejudice to the liability of the Customer to the Company) keep the Equipment insured for its full replacement value throughout the Hire Period against all risks including third party risks, losses, or damages by fire, theft (whether or not involving forcible or violent entry or exit to premises) and other risks usually covered by comprehensive insurance of products of the type of the Equipment, and evidence of such policy is to be provided to the Company on request.
At least one Business Day prior to the commencement of the Hire Period, the Customer shall be charged, in addition to the Charges, a Damage Waiver in case insurance policies will not be provided.
The following Damage Waiver terms will then apply in the event of damage to, or loss of the Equipment; and the Customer expressly acknowledges and agrees to such terms: Excess - first £500 each and every loss, for which the Customer shall be responsible; and
Exclusions apply to:
Damage caused by corrosion,
Damage arising from: Breakage of flash tubes, bulbs or lenses used in association with lighting equipment;
The Company shall itself be entitled (but not obliged) at any time and from time to time to effect at the expense of the Customer insurance against all or any of the contingencies referred to in clause, and against any other contingency which the Company may in its absolute discretion decide.
The Customer shall not use, or allow the Equipment to be used for any purpose, or by any person not permitted by the terms and conditions of the policy of insurance, or Damage Waiver (by whomsoever effected) and shall not, for the duration of the Hire Period, do or omit to do any act or thing whereby such insurance or Damage Waiver terms would, or may be vitiated or invalidated and/or jeopardize the prospect of a successful insurance claim in respect of any loss of or damage to the Equipment.
The Company reserves the right to terminate usage of any Equipment if the Company considers that the Equipment, employees, suppliers, subcontractors or agents, would, or may be put at risk if such usage were to continue (for example: in adverse weather conditions). In these circumstances, Hire Charges shall remain payable by the Customer in full. Point V.6.
In the case of theft of the Equipment, the Customer shall report any loss to the local police within 24 hours and a copy of the police report/crime reference number must be supplied to the Company/Studio within 24 hours of receipt.
The Customer shall within 24 hours of the occurrence of any loss (whether by theft, damage or otherwise) of the Equipment, or the Studio premises,be given written notice to the Company of any such occurrence which will, or may give rise to a claim being made on any insurance. Where the Customer has affected insurance, the Customer shall NOT compromise any claim without the consent of the Company, shall allow the Company to take over the conduct of negotiations (except in relation to claims of the Customer for personal injuries, loss of use of the Equipment, or loss or damage to the property of the Customer unconnected with the Equipment) and shall at the expense of the Customer take such proceedings (in the sole name of the Customer or jointly with the Company) as the Company shall direct, holding all sums recovered, together with any money received by the Customer under its policy of insurance, on trust for the Company and paying, or applying the same as the Company directs.
Limitation of Liability: THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
The Company has obtained insurance cover in respect of its own legal liability for individual claims and the limits and exclusions in this clause reflect the insurance cover the Company has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
This clause sets out specific excluded losses, VII.6. Subject to clause.
The types of loss listed in VII.5. are wholly excluded by the Company/Studio.
The following types of loss are wholly excluded:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of use or corruption of software, data or information;
loss of or damage to goodwill; or
indirect or consequential loss.
The Company shall not be liable for any failure or delay in performing its obligations under the Contract to the extent that the delay or failure is a direct result of any delay or failure on the part of any subcontractor or third-party supplier of the Company/Studio.
The Customer is liable for any loss or damage made to the Venue, fixtures and fittings, furniture, appliances or Equipment hired throughout the duration of the booking, unless caused by an employee, agent or representative of the Company.
This clause VII.8. shall survive termination of the Contract.
VIII. Minors
The Customer must ensure that all minors under the age of 16 are always accompanied by a chaperone.
Minors must have parent’s or guardian’s permission to be at the Studio, and to be photographed or filmed as relevant.
IX. Booking Reschedule and Cancellations
All bookings are final. Bookings are not refundable and not transferable to another date/time unless otherwise agreed in writing.
Clients paying the “Commercial rate” that wish to cancel a booking will receive a 50% refund of the amount paid if The Heath² if contacted 7 days before the booking date.
Clients paying the “Commercial rate” that wish to reschedule a booking can do so free of charge if The Heath² is contacted at least 7 days before the booking date.
“Commercial Rate” is classified at discretion of The Heath² depending on the type of shoot and the number of people within the booking.
The Customer shall pay 100% of the Charge agreed for the hire of the Venue for the Hire Period.
The Studio reserves the right to Reschedule, Cancel, or if Refund any booking
X. Termination
The Heath² may summarily terminate any hire contract with the Customer upon the happening of any (but not only) of the following events:
If the Customer shall fail to pay any of the money due to The Heath² or dishonor any cheque paid to it.
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; or
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 The Heath² against the Customer prior to the date of termination.
Lateness of 30+ minutes from the start of the Customer booking will be considered a “no show” and the booking will be terminated. No refund will be issued. The Heath² may terminate any booking or hire contract if the Customer is found to be in breach of any of the terms and conditions.
XI. Additional Fees
The fees below do not cover every possible scenario so the final fee will be discussed with the Client during or after the booking. As a general rule – the Studio will need to be returned in a similar state to what it was at the beginning of the booking.
Infinity Cove: If the infinity cove walls need repainting this will be an extra charge. If the infinity cove is damaged (ie. structural damage, holes to be filled, crack lines on the curve etc.); repairing fees will be quoted accordingly to reinstate the cove to its original condition.
Redecorating: Any damage to the studio (i.e. on any walls, ceilings, floors, or anywhere inside/outside the premises) will be quoted accordingly.
Overtime: Please refer to rates.
Cleaning: When the studio is not returned in the same clean state as it was at the beginning of the booking, the Client will be billed a cleaning fee. Rates vary.
Storage: Upon prior arrangement with the Studio, we can store your items/equipment. Fees will apply. But this right is not Guaranteed.
Breakage and missing items: Anything broken or missing will be charged at full cost, plus delivery, plus admin fee.
Equipment rental: Refer to the Equipment list.
XII. Applicable Law
Governing Law and Jurisdiction: The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
Variation Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorized representatives).
These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Ireland.