“Studio Booking” – studio hourly bookings made by or for the Member using the online Booking System which are confirmed/ cancelled and are visible on the Member’s personal account;
“Slot” – a specific Studio Booking date and time between the hours:
07:30 – 12:30 (GMT+1);
13:00 – 18:00 (GMT +1);
18:30 – 23:30 (GMT+1);
All bookings for the Studio shall be made using the online Booking System by the Member.
The Provider can book in Studio Booking Slots for the Member upon request.
Setting up and taking down any equipment or set must be done within the Studio Booking Slot times.
A Member must vacate the studio by the end of the Studio Booking time Slot.
Any damages or missing items will be charged to the Member’s account at full price plus administration restock charge.
The Studio is not soundproof.
Smoking or drinking alcohol is not permitted in the Studio.
The Studio must be left clean in a similar state as it was found in and requires excessive time to be tidied and cleaned we might charge a cleaning fee at the Provider’s discretion.
THE PROVIDER’S OBLIGATIONS
The Provider shall provide the priced services described in the Site Appendix and in the terms of this agreement.
By Purchasing a Membership the Member shall insert a personal prefered payment type (for example: Visa, Amex, Mastercard, Debit, Credit, Apple Pay..).
The Provider shall open a personal electronic payment account using Stripe where the Member shall:
pay the Membership fee, each month on the nominated day of purchasing a Membership, for the duration of 6 consecutive months.
be subscribed to an automatic monthly Membership rolling payment system.
pay any additional and all charges will be taken directly out of the Member’s Stripe account, by using the Member’s prefered payment method.
In addition, the Member shall pay:
a charge for all chargeable items including Equipment (as described in the appendix), at the Provider’s going rate, within 10 days of receipt of the Provider’s invoice;
all costs incurred for the supply of any chargeable utilities, either directly to the utility company in question, or to the Provider at the Provider’s discretion;
any additional charge (such as a service charge), in the manner (for example as to time and method of payment) and amounts described in the specific appendix;
VAT at the current rate on all fees and other charges levied by the Provider payable at the same time as the fee or charge is due; and
to the extent that the Late Payment of Commercial Debts (interest) Act 1988 does not apply to any sum owed under this agreement, the amount of compensation and interest that would be payable under that Act if it did apply.
Unless otherwise specified, all payments must be made directly to the Provider’s bank account in cleared funds (for example by standing order or direct bank transfer) and will be deemed to have been paid on the date of receipt by the Operator’s bank.
Where the Membership period is for more than one calendar year, the Provider may increase the Membership fee on each anniversary of the start of the Membership period by giving one month’s notice in advance to the Member. Such an increase may not exceed 15% more than the inflation rate based on the Consumer Prices Index most recently published by the Office of National Statistics on the date of the notice given by the Provider.
Late payment may incur a surcharge of 10%.
The Provider may loan the Member, one or more devices such as keys, entry cards and RFID fobs, to permit the Member’s permitted occupiers to gain access to the Studio and/or any part of it. The Provider may require the Member to pay a deposit for each entry device and shall repay any such deposit, without interest, on the return of the entry device in good condition.
Occupation and visitors
The Member may permit the following individuals, to use The Studio:
Models, Makeup Artists, Hair Stylists, Photographers, Stylists, Art Directors, Assistants;
The Member may not otherwise share The Studio Membership with anyone else or sub-licence any of its rights under this agreement.
The Member may not sublet occupation of the whole or any part of The Studio.
The Member must ensure that all casual visitors are supervised while in the Studio at all times. The Member must not give an entry device to a casual visitor nor permit a casual visitor to remain in the Studio unless an officer or employee of the Provider is also present.
The Member agrees that the Provider may require any permitted Member to sign an agreement that they will comply with any relevant terms of this agreement and any relevant rules for use of the Studio. In addition the Provider may choose, to require that any Member undergo an induction into the use of the Studio, including as to the proper use of facilities and any matters of safety. Any such induction may be carried out by the Provider or delegated to the Member, again at the Provider’s choice.
The Member will ensure that casual visitors do nothing to cause a breach of this agreement or any relevant rules for use of the Studio.
The Provider may, acting reasonably, refuse entry to any Member or casual visitor if it reasonably believes it would be necessary to do so to protect the safety of the people using the Studio or any property contained within it.
In the event a Member is not present in the Studio for the Member’s Studio Booking. The Member shall be held liable to all costs and damages incured during the Member’s studio booking.
The Member shall comply with all current legislation binding on the Member that is applicable to the Member’s use and occupation of the Studio and in particular any fire or electrical safety regulations.
The Member will take all reasonable steps to ensure that health and safety standards are met in relation to the Studio and, in particular:
test all electrical devices brought onto the Studio to ensure that they comply with all regulatory requirements including the relevant British standard;
conduct a risk assessment appropriate to their use of the Studio; and
ensure that all their visitors, servants and agents are familiar with the Provider’s emergency procedures, the location of fire extinguishers and the Studio’s evacuation routes.
The Member shall fill in a Risk Assessment Management form supplied by the Provider in any situation indicated by the Provider, whether in any rules it publishes regarded health and safety or otherwise.
Any act or omission on the part of any of the Member’s servants, agents or other invitees shall be deemed to be the act or omission of the Member.
Any requirement in this agreement not to do an act, includes a requirement not to permit another to do that act.
The Member shall not:
use the Studio for any unlawful or illegal purpose;
do anything that would cause the Studio to fall into disrepute or that may affect the credit rating of the Provider or of any other Member or occupier of the building;
cause any annoyance or nuisance to any person lawfully in the Studio, or to any of the owners or users of property in the immediate neighbourhood of the Studio;
use any electrical appliance without the prior approval of the Provider;cause any unlawful damage to the Studio or any property contained in it;
obstruct the stairs, passages, lifts (if any) or other common parts in the Studio;
create any trip hazard (whether by laying cabling or otherwise) within the Studio;
bring into or remove from the Studio any items of an unusual or bulky nature without prior agreement of the Provider (which agreement will not be unreasonably withheld or delayed);
alter the designated space or any other part of the Studio;
affix or display anything on the windows or doorways;move or discharge any fire extinguishers except where necessary in an emergency;
allow anyone other than the permitted users to use the Studio other than while working with visitors in the normal course of business.
The Member shall not use the Studio as its registered office without the express written consent of the Provider and on receipt of written notice from the Provider will ensure that any person within the Member’s control who is using the Studio as its registered office ceases to do so.
The Member shall not interfere with the conduct of the Provider’s business or in any way seek to entice away or make any offer of employment to any employee or member of staff of the Provider. If the Member contravenes this provision then the Provider will be entitled to compensation equal to the total annual remuneration of the employee(s) in question.
The Member shall keep the Studio clean and tidy.
The Member shall not leave or store any items in the Studio.
The Member will comply with any of the Provider’s reasonable requirements for the maintenance of the security of the Studio, including any requirement that anyone leaving the Studio will lock all doors; close any security shutters and activate any alarm system.
The Member shall observe and obey all rules and regulations from time to time made by the Provider for the management and safety of the Studio.
The Member shall indemnify the Provider from and against all costs losses claims and demands arising out of any breach by the Member of any of the terms of this agreement.
The Member shall not remove any fixture of fitting from the Studio; nor any item supplied with it by the Provider (such as a desk, chair, sofa, backdrop, lighting equipment, steamer, pipes, boiler, or crockery) without the permission of the Provider.
The Member agrees to do nothing that will cause the Provider to be in breach of any external agreements.
This agreement is personal to the Member and is not capable of assignment.
At the end of the agreement
When this agreement comes to an end then, the Member must:
leave the Studio clean and tidy;
clear the Studio of anything that has been brought in during the period of the Membership, other than anything installed by or for the Provider;
inform any utility provider with which the Member has a direct contractual relationship that the Member has left the property and pay any outstanding bills; and
make good any damage (beyond normal wear and tear) to the Studio, including to any decorations, fixtures, fittings or furniture provided by the Provider.
If the Member fails to clear the Studio of any of its property, the Provider may sell that property as the agent of the Member or, if it honestly believes that attempting to sell any property would be disproportionate, in particular in the case of property that appears to be waste or unsellable, then the Provider may dispose of the property in any way it seems fit.
If having sold any of the Member’s property under the preceding clause and, having used reasonable to do so, the Provider is unable to locate the Member, then the Provider may retain the proceeds of any sale absolutely unless the Member claims them within 6 months of the date on which they ceased to use the Studio, in which case the Provider may deduct any costs of storage, sale and any sum owed by the Member to the Provider and then return any net proceeds to the Member.
The site may indicate times when the Studio is closed – for example by times of day or particular days in the year (expressed either by reference to “opening hours” in some other way). The Member and its servants or agents may not enter the Studio without making prior arrangements to do so with the Provider or doing so under conditions imposed by the Provider (for example as to security). The Provider is under no obligation to permit entry or use of the Studio when it is closed to users in this way.
When any of the Member’s servants or agents are present on the Studio at a time where none of the Provider’s servants or agents are there present, the Member must ensure that its servants or agents:
report any emergency (eg fire or burglary) to the appropriate emergency service and to the Provider;
report any damage to the Studio or any of its contents promptly to the Provider; and
take all reasonable care to ensure that, where anyone working alone in the Studio suffers an accident preventing them from seeking emergency help, there is at least one other person who will become aware of that in a reasonable time.
The Provider gives no warranty that the building, including the Studio, may be lawfully used for any particular purpose. The Member accepts that it is responsible for ensuring that any legal requirements as to the use of the space are complied with.
LIMIT OF LIABILITY
The Provider strongly advises the Member to insure against all potential losses, damages, claims, expense or liabilities which might arise out of (but not limited to):
its own property brought into the Studio;
its own liability to its employees and third parties;
liability for any duty imposed by law on the Member on behalf of any of the Member’s visitors;
business interruption; and
any other matter under this agreement where the Provider excludes liability.
Nothing in this agreement is intended to exclude any liability where such an exclusion would be forbidden by any rule of law.
The Provider shall not be under any liability (for business interruption losses or otherwise) where failure to supply any of the services is due to a cause beyond the reasonable control of the Provider or during any reasonable period of maintenance or renewal.
The Provider shall not be liable for any loss as a result of its failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of the PRovider’s interest in the building containing the Studio or otherwise unless the Provider does so deliberately or is negligent.
The Provider is not liable for any failure until the Member has informed the Provider and given the Provider reasonable time to address the failure.
The Provider will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss.
The Member remains responsible for all property belonging to it, its servants, agents or visitors or which is otherwise brought into the Studio on its behalf (“the Member’s Property”). The Provider will not be liable for any loss of or damage to the Member’s Property except where that loss or damage is caused by deliberate act of the Provider or any of its servants or agents.
The Provider shall not be liable for any personal injury or death.
Any claims shall be limited to the amount of the Provider’s insurance for the relevant loss.
The Member hiring the Studio is responsible for all breakages, losses or damages caused to the studio or equipment, or any other person, during the use of the Studio.
Any marks, spillages or damages caused to the Studio during the hire period must be attended to before the end of the Studio Booking Slot, failing which the Studio reserves the right to charge for the cost of repair / remedial work including if necessary.
No alterations, decorations or additions to the Studio are permitted without the written consent of the Provider.
The Member must notify the Provider at the time of supply if the condition of the equipment is not acceptable.
Members are requested to ensure that they have suitable public liability insurance, as they will not be covered under the Studio insurance.
Members are responsible for insurance of all items that they bring into the Studio premises.
Where the Member is more than one person, then the liability of those persons under this agreement is joint and several.
Unless otherwise agreed in writing, or indicated in the site, this agreement will terminate as follow:
if one party gives notice to the other before the end of the Membership period; otherwise it will automatically renew at the end of that period. Notice under this paragraph must be at least 14 days.
This agreement may also be ended by:
Notice in writing from the Provider to the Member in the event that the Studio or the building become unusable due to fire, explosion or any other cause.
Notice in writing from the Provider to the Member in the event of the Member committing any material breach of its obligations under this agreement; and
Immediately by the Provider in the event that the Member suffers an event of insolvency including receivership, administration, bankruptcy or liquidation.
The Provider may terminate any hire contract if the Member shall be in breach of any of the Terms and Conditions.
A Member wishing to terminate a Membership prior to the scheduled ending period shall incur a 50% charge of the reminder Membership monthly billing sum. For example: a member wishing to end his/hers Casual Plan Membership on the 3rd month shall pay 50% of the remainder membership’s months – (29.99 x 3) x 50% = £44.98.
An online account shall be opened automatically for the Member after successfully registering to FHIVE Studio online booking system in the following URL link – https://booking.fhive.me/register.php .
A Member’s account shall hold all relevant information regarding the Member’s:
unique identifier number;
first and last name;
payment type connected to Stripe using unique Customer ID;
personal email address, used to login and communication;
all past and future bookings and cancelled bookings with equipment hired belonging to each booking;
Any notice by the Provider to the Member shall be deemed sufficiently served if sent by electronic mail to the address which is used to login to the Member’s online booking site account.
All Studio Bookings cancellations shall be made through the online Booking System.
The Member is allowed to Cancel any Studio Booking up to 48 hours prior to the confirmed scheduled Studio booking.
Cancelling a Studio Booking less than 48 hours prior to the scheduled Studio Booking will not be allowed through the Booking System.
The Member understands and accepts that a Studio Booking not cancelled will be considered as paid and used and is non refundable.
A Member failing to show up to a Studio Booking will not render the Studio Booking as Cancelled.
Cancelling a Studio Booking will not be possible via any communication method besides the Booking System.
Any Member’s Studio Booking can be cancelled anytime at the Provider’s discretion.
A Member is entitled to freeze a Membership account for up to 2 months, consecutive or not by providing at least 10 days notice prior to the next Membership monthly billing.
Freezing a Membership shall incur a £6.00 administrative and online upkeep charge for the Member.
Colorama charge is £10 per 2 metre used.
Any booking, which runs outside of the regular time Slots, if possible, shall be subject to an overtime fee of £17.00 per hour (and at the Provider’s discretion).
Set-up and pack-down shall be included within Studio booking hours.
All props, sets, lighting, clothing are to be delivered and collected on the same day of the Member’s Studio booking slot unless other arrangements have previously been agreed with the Provider.
In case it is agreed that the delivered items can be delivered before the Member’s Studio booking slot date the Member is responsible to assure that the person delivering them will take the delivered items all the way into the Studio, either by choosing a courier who agrees to do so or sending someone as an agent of the Member with the delivery.
The Provider cannot be held responsible or liable for any damaged delivered items or lost during the Member’s Studio booking slot or when left on site.
Any additional costs incurred through the disposal, storage or transportation of any delivered items will be charged to the Member’s account.
The Studio has a limited number of parking spaces and cannot guarantee the availability of spaces for any specific person, time or day. It is the Member’s responsibility to ensure that the adequate parking / transport arrangements are made in respect of any personnel involved during the studio booking slot period.
Any parking at the Studio is at the Member’s own risk and the Provider accepts no responsibility for theft, damage or any other loss occasioned to vehicles parked on its premises.
SITE SPECIFIC APPENDIX
Where there is any conflict between the site specific appendix and the rest of this agreement, the site specific appendix shall prevail.
CHANGES TO TERMS
The Provider may amend these terms or any site specific appendix by giving you one month’s notice in writing. The Provider will, ordinarily, only use this power to make minor and incidental changes to take into account changing practice at FHIVE Studio. Where any such change unreasonably has a substantial adverse effect on your ability to use the Studio, you may terminate this agreement according to the termination clause by giving the Provider notice in advance.