These terms and conditions are for hiring the studio, training courses or workshops and photography. They are set out individually but are all applicable to each other. By agreeing to work with Garage Studios, by hiring the studio, commissioning or undertaking a training course or workshop or commissioning a photographic shoot of any kind or any other agreement to do anything with Garage Studios, you automatically agree to our terms and conditions.
GARAGE STUDIOS STUDIO HIRE TERMS AND CONDITIONS
I. Definitions
In these conditions the following expressions have the following meanings:
“Garage Studios” Garage Studios business, and any of the partners or any servant agent employee or sub-contractor on behalf of Garage Studios.
“the Customer” any person or firm or company dealing with Garage Studios 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 Garage Studios or of any sub-contractor of the Company.
“Equipment” shall include all fixtures and vehicles lighting and other materials provided by Garage Studios or by its nominated sub-contractors.
“Studios” the premises of Garage Studios for the time being where the services and equipment are provided.
II. General
1. Garage Studios will insure the Studio and the 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 premises. Under no circumstances will Garage Studios entertain any claims arising out of any failure of the Customer to effect its own insurance cover.
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 Garage Studios.
3. Full details of the Garage Studios services and charge rates are set out in the Garage Studios Price List which may be varied by Garage Studios
without notice.
4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of Garage Studios resulting from negligence or otherwise unless permitted by Statute.
III. Studio Hire
1. The Studio is available for daily use between 0900 hrs and 1800hrs. Use outside these hours shall be charged at the published overtime rates unless previously agreed in writing by Garage Studios.
2. The Studio may be provisionally booked by telephone and the booking should be confirmed within 24 hours. The Customer will be further required pay a 50% deposit which is binding to these Conditions. Any confirmed bookings cancelled will be billed at the full rate plus any costs incurred by Garage Studios by way of expenses. The Customer will receive credit against such cancellation charges if the Studio is re-
booked to another customer. This does not apply to Event/Product launches, which once confirmed have to be paid for in full.
3. Bookings may only be extended with the prior consent of Garage Studios.
4. The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by Garage Studios or by any statutory body or Local Authority.
5. 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 Garage Studios.
6. The Customer is responsible for any 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.
7. 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 otherwise Garage Studios will have to charge for this.
8. No alterations decorations or additions to the Studio are permitted without the consent of any partner of Garage Studios 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 Garage Studios arising out of any breach of this Condition shall be paid by the
Customer.
9. The Studio is supplied clean with a white painted cove if applicable at the start of the hire period and all the costs of painting repairing and maintaining this state are payable by the Customer. Garage Studios must be notified by the Customer at the start of the hire period if any aspect of the condition or decoration of the Studio or the cove is unacceptable. If no such notification is given the Studio and cove and decoration will be
determined to be of an acceptable standard for use by the Customer. Special painting requirements should be notified to the Studio manager at least 5 working days in advance and the proposed requirement cost will be quoted.
IV. Hire of Services and Equipment
1. All Equipment and services are supplied by Garage Studios entirely at the risk of the Customer. Garage 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. All Equipment supplied to the Customer is in good condition. The Customer must notify Garage Studios at the time of supply if the condition of the Equipment is not acceptable.
3. In no circumstances shall Garage Studios be liable for any transport cost or for any loss or damage including consequential loss or damage 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 Garage Studios:
(i) Remove the equipment from the Studio premises; or
(ii) modify or alter or tamper with the Equipment in any way; nor
(iii) use the Equipment in a manner not recommended by the Manufacturer; nor
(iv) allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor
(v) part with possession sell pledge encumber or suffer any lien to be created on the Equipment.
5. Where at the request of the Customer Garage Studios supplies to the Customer the services of a driver, assistant, sub- contractor, freelance or other person such 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 Garage Studios shall not be liable for loss or damage
of any kind however caused.
6. Garage 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 Garage 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 Garage 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 Garage 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. Bookings and cancellations must be made in accordance with the Conditions 2 and 3 of Paragraph II above.
V. Payment and Additional Charges
1. Unless otherwise agreed in writing all transactions will be settled in agreement with Garage 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. Overdue accounts will accrue interest at 2% per month or part thereof.
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 Garage Studios. Or the agreed hire period ends whichever is later, Garage Studios will charge for additional hire hours at the hourly rate. Garage Studios reserves the right to make an additional hourly labour charge to cover any costs incurred by Garage Studios pursuant to condition 9 paragraph III above.
4. Any additional Equipment, services, staff or modifications to the Confirmation of Booking shall 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 Garage Studios an additional rental where the Studio or any item of Equipment is delivered to or returned to Garage Studios in a bad or damaged condition so as to preclude use or hire of the said Studio or Equipment.
6. Where Garage 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 Garage Studios by the Customer when the booking is made.
7. Garage Studios shall have a general lien on any film, tape, media or other equipment digital or otherwise or property in the possession of Garage Studios or in the Studio premises for the payment of any monies due to Garage Studios from the Customer.
VI. Exclusions of Liability
Subject as hereinbefore mentioned Garage 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:
(a) any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
(b) any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by Garage Studios.
(c) 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 Garage Studios or the servants or agents of Garage Studios.
(d) for any fines and/legal costs incurred by Garage Studios or the Customer for any activity connected with the hire of the Studio or Equipment.
(e) any failure on the part of Garage Studios to comply with its obligations to the Customer due to any circumstances beyond the control of Garage Studios.
VII. Indemnity
The Customer shall at all times keep Garage Studios indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against Garage Studios or the servants or agents of Garage 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 Garage Studios even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of Garage Studios its directors servants or agents save in respect of any death or personal injury caused by the negligence of Garage Studios as aforesaid.
VIII. Termination
Garage Studios may summarily terminate any hire contract with the Customer upon the happening of any of the following events:
(a) if the Customer shall fail to pay any of the monies due to Garage Studios or dishonour any cheque paid to it; or
(b) 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
(c) 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 Garage Studios against the Customer prior to the date of termination.
IX. Applicable Law
These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island.
GARAGE STUDIOS PHOTOGRAPHY TERMS AND CONDITIONS
1. DEFINITIONS.
For the purpose of this agreement ‘Client’, ‘Customer’ `Agency’ and ‘Advertiser’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where Garage Studios client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to Garage Studios client, ‘Photographs’ means all photographic material furnished by Garage Studios, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT.
The entire copyright in the Photographs is retained by the Garage Studios at all times throughout the world.
3. OWNERSHIP OF MATERIALS.
Title to all Photographs remains the property of Garage Studios. When the Licence to Use the material has expired the Photographs must be returned to the Garage Studios in good condition within 30 days.
4. USE.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Garage Studios express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually
agreed.
Note : An agreement must be reached with the Garage Studios before the Photographs may be used for other purposes.
5. EXCLUSIVITY
The Agency and Advertiser may be authorised to publish the Photographs to the exclusion of all other persons including Garage Studios. However, the Garage Studios
retains the right in all cases to use the Photographs in any manner at any
time and in any part of the world for the purposes of advertising or otherwise promoting our work. After the exclusivity period indicated in the Licence to Use Garage Studios shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
Garage Studios will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable Garage Studios to carry out our obligations in relation to the commission.
7. INDEMNITY
While Garage Studios takes all reasonable care in the performance of this agreement generally, we shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption. (b) The Client agrees to indemnify Garage Studios in respect of any claims or damages or
any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Garage Studios. (c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Garage Studios gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In
the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Garage Studios against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained
8. PAYMENT
a. Payment terms are strictly 14 days from date of invoice by crossed cheque made payable to ” Garage Studios ” or by automated credit transfer (BACS). BACS details will be supplied with our invoice if this is a more convenient method of payment. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms. (b) If payment is not made in accordance with (a) above then Garage Studios may rescind this Agreement and recover damages, or, at their option, may exercise our
statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998. (c) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 14 days from the issue date, and that Garage Studios may consider these invoices as overdue when pursuing legal action for the recovery of said debts. (d) A fee of £10.00 may be made for each account reminder, duplicate invoice, or any other
paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices. (e) Garage Studios reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects. (f) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Garage Studios may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
9. EXPENSES
Where extra expenses or time are incurred by Garage Studios as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Garage Studios normal rate to Garage Studios in addition to the expenses shown as having been agreed or estimated. Overtime rates will be billed as indicated on your estimate for work that extends past the half day or day rates. Day and Half Day rates are indicated on our Studio Rates page and these also apply to Location shoots. Travel expenses may be added to your estimate, a further fee may be incurred for travel time out of the standard 8 hour Day rate or 4 Hour half day rate.
10. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Garage Studios will, at our discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If a `Right to a Credit’ has been agreed Garage Studios name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By agreeing a “Right to a Credit’ Garage Studios also asserts our statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. SUPPLY TO THIRD PARTIES
The licence only applies to the advertiser and product as stated in the estimate or as agreed in discussions.
14. ELECTRONIC STORAGE
Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Garage Studios. Manipulation of the image or use of only a portion of the image may only take place with the permission of Garage Studios.
15. APPLICABLE LAW
This agreement shall be governed by the laws of England Scotland, Northern Island & Wales.
16. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
GARAGE STUDIOS TRAINING COURSES / WORKSHOPS TERMS & CONDITIONS
1. Payment
The course fee must be paid, in full, no later than 2 working days prior to the start of the course. Garage Studios reserves the right to re-allocate the course place to another delegate if fees are not paid on time. Failure to receive the course fees in adherence with these terms means that Garage Studios reserves the right to request payment on the day of the course.
2. Late Payment
In the event of late payment, Garage Studios reserves the right to charge interest on all outstanding amounts from the last date that payment was due to the date that payment is made. Interest will be calculated according to late payment legislation (see http://www.payontime.co.uk/calculator/statutory.html )
3. Prices
The prices quoted are correct at the date of publication and for 30 days thereafter. Garage Studios reserves the right to adjust these prices in order to meet their true cost outside this period.
4. Transferring courses
If a delegate wishes to transfer a booking to a later course there will be an administrative charge of 25% of the course fee if it is within 15 working days of the original courses date. If that transfer is then cancelled and/or the delegate fails to attend, the full course fee remains payable.
5. Cancelling courses
All cancellations to bookings must be made 15 working days prior to the start of a course. If a booking is cancelled within the 15 days or if the delegate fails to attend the course, the full course fee must be paid immediately.
6. Changing delegate details
There will be no charge if a substitute person wishes to replace the original delegate. Please inform Garage Studios of any change to the original booking.
7. Cancellation of courses by Garage Studios and changes to course content
Garage Studios courses are constantly updated and improved and Garage Studios reserves the right to alter any of the courses’ content without prior notice. Garage Studios reserves the right to cancel a course at any time without liability. In these circumstances, delegates will be offered an alternative date, a credit note or a full refund. At Garage Studios discretion.
8. Course notes and training
The notes and training for Garage Studios courses cannot be relied upon for legal interpretation. Garage Studios can not accept responsibility for delegates’ actions, or those of other people reading the course notes or interpreting the training in litigation, or responsibility for any loss incurred as a result of relying on the training or the training notes. If in doubt, consult a lawyer.
9. All imagery taken by any delegates on any Garage Studios training course or workshops, can only be used for promotion of Garage Studios as well as illustrative and reference use only by delegates. No monetary gain can be made from the images taken on any Garage Studios training courses or workshops by any delegate.
10. Discounts and special offers
Any discounts offered on Garage Studios courses 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.
11. Applicable Law
This agreement shall be governed by the laws of England, Wales, Scotland and Northern Island.
12. Variation
These Terms and Conditions shall not be varied except by agreement in writing.
GARAGE STUDIOS WEDDING TERMS AND CONDITIONS
The following terms set out the total agreement and that no variation or modification of these terms and conditions shall be effective unless agreed by Garage Studios in writing.
1. Wedding Booking Fee
The Booking fee of 40% secures the time and services of the assigned photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by Garage Studios due to cancellation. Cancellation of a wedding booking less than 12 weeks before the booked wedding date will result in the full fee becoming due. All cancellations must be in writing to Garage Studios to our operating address at 13-16 Vine Street, Brighton, BN1 4AG. Weddings that are postponed to a later date will retain the fee as long as Garage Studios can re-schedule for the new date and time.
2. Wedding Payments
Following payment of the booking fee, the balance of fees due are to be paid: 60% of the total fee 28 days prior to the wedding. Final photographs, Albums, CD’s and DVD’s will not be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.
3. Special Requests/Coverage
The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instructions, although every effort is made to comply with client’s wishes. All special requests must be made by the client in writing to Garage Studios.
4. Reorders
All reorders shall be treated as an extension of this contract and no responsibility for errors will be accepted unless orders are given in writing.
5. Display
The client hereby allows Garage Studios to display any photographs / images included in this contract in any of their studios, web sites, portfolios, literature, display areas, exhibitions, competitions, advertising, magazines or slide shows.
6. Images
All image sizes are nominal. Garage Studios will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
7. Previews
Although Garage Studios will do their best to produce more proofs/preview prints/images than set out in the broucher/as discussed with the client, there is no guarantee that any particular number of proofs/preview prints/images will be produced.
8. Retouching
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra. From time to time and due to the nature of digital SLR cameras dust may enter the camera body and may mark the image during image capture (shutter release). Basic retouching to remove marks of this nature from images is included in its contract.
9. Reorders
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
10. Copyright
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
All chosen and final images will be supplied to the client on CD or DVD which will include a copyright release for those photographs, allowing the client to print their own copies of such images as included on the CD or DVD.
11. Negatives/Digital Files
Negatives/digital files remain the property of Garage Studios.
12.Licence
The Photographer(s) shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations / poses and number of images taken shall be deemed correct and final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
13. Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
14. Attendance
In the unlikely event of the assigned photographer is unable to attend your photography session due to unforeseen circumstances, we reserve the right to appoint another photographer to attend on our behalf to undertake the photography to their best ability.
15. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
16. Cancellation
The Client may cancel this contract at any time by giving written notice to Garage Studios but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before a booked wedding date will result in the in full payment becoming due. The said sum shall be payable as compensation as the loss Garage Studios would suffer.
17. Negatives/Digital Files
Film negatives, film positives and digital files remain the property of Garage Studios.
18. Prices
All prices are subject to the then current rate of V.A.T. (if applicable).
19. Complaints
Any complaints should first be raised by the Client with Garage Studios in writing no later than 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the BIPP to mediate but only on the basis that its decision shall be final and binding upon both parties.
