Terms and conditions of engagement

These terms outline the terms of our agreement, including terms regarding cancellation and how any dispute between us is to be resolved. These terms will be deemed as binding on you upon our confirmation of your Booking. If you do not agree to these terms, you must notify us of such disagreement at the time of your Booking request and prior to our confirmation of the same.

1. definitions

   1. In these terms unless the context otherwise requires, the following words shall have the meanings set out opposite them:

“Agreement”

the Booking, together with these standard terms and conditions and any other special conditions agreed in writing between the parties.

“Booking”

an order or request by the Client for the hire of the Premises for the Hire Period.

“Client”

the person or entity listed on the Booking.

“Equipment”

includes all chattels, fixtures and furniture and other equipment and contents located at the Premises from time to time.

“Hire Period”

The agreed date and time for which the Premises is hired for and includes the induction to the Premises, set up, pack down and cleaning time.

“Job-Related Costs”

any costs and expenses incurred by the Studio on the Client’s behalf, including but not limited to, the hire of a photographer and/or the hire of equipment and furnishings requested by the Client.

“Photographic Works”

the creation of digital content including photographs, photographic prints, moving images (video), transparencies, negatives, digital files, and images in any form or medium.

“Premises”

Unit 8, 23 Hannigan Drive, St Johns, Auckland.

“Price List”

as set out in Schedule A.

“Rules”

as set out in Schedule B.

“Studio”

Studio East Limited, company number 8250216.

1. instructions in wirting

   1. The Client must ensure that all instructions and expectations regarding the Booking (and any subsequent variations) are agreed with the Studio in writing.

   2. Upon confirmation of the Booking by the Studio, the parties agree:

      1. they shall be bound by the terms and conditions contained in this Agreement;

      2. the Studio will make the Premises available for use by the Client on the date and at the time specified in the Booking confirmation; 

      3. the Client will observe all Rules; and

      4. the Client is to pay any such sums due as detailed in the Price List or as otherwise agreed by the Studio in writing.

2. bookingS

   1. Bookings can be made for:

      1. a half-day (5 hours) commencing at either 8:00am or 1:00pm;

      2. a full day (10 hours) commencing at 8:00am; or

      3. as otherwise agreed by the Studio in writing.

   2. The Studio reserves the right to have staff present at the Premises at any time or at all times during the Hire Period.

3. CONDITION AND PURPOSE

   1. The Client acknowledges at the time of the Booking that the Premises and all Equipment is in good working order and clean condition and acknowledges it is fit for the purpose for which the Studio lets it on hire.

4. CARE OF EQUIPMENT

   1. The Client shall maintain the Premises and Equipment in good working order during the Hire Period and shall return the Premises and Equipment in the same conditions as at the start, clean and on time.

   2. In the event the Premises and/or Equipment is returned late, not in the same condition or dirty the Client will be liable for additional charges, or repair costs, replacement costs and/or cleaning costs.

   3. The Client is responsible for ensuring that the Premises is left clean and ready for the next user. This may include wiping down benches, tables, removing decorations, mopping up spills and sweeping the floor. 

5. compliance

   1. The Client shall comply with, and shall ensure every employee, contractor and any other person complies with, the provisions of all statues and all rules or regulations in force from time to time in relation to the occupation and use of the Premises and any Equipment .

   2. The Client shall, and shall ensure every employee, contractor and any other persons shall, at all times comply with the Rules.

6. damage

   1. The Studio shall not be liable for any consequential damage or loss suffered by the Client as a result of the Premises or Equipment breaking down during the Hire Period.

   2. The Client will refrain from any act throughout the Hire Period which may in any way prejudice, invalidate or result in the cancellation of any insurance policy effected over the Premises or Equipment.

   3. The Client is responsible to arrange for and maintain any insurance cover they consider necessary and adequate. That includes any public liability insurance cover to protect the Client against claims made by third parties for damage to people or assets.

7. PAYMENT

   1. The basis upon which we charge our fees is set out in our Price List. 

   2. Fees are to be paid a minimum of 7 working days in advance of the date of the Booking.

   3. If payment of our fees are not received on or before the 7th working day prior to the date of the Booking, you will be deemed to have cancelled your Booking.

   4. Notwithstanding clause 8.3 and without prejudice to its rights, the Studio may, at its absolute discretion, agree to proceed with the Booking having not received prior payment. In such case, the Client agrees to pay the fee as soon as possible and in any event, within 7 working days of the date of the Booking.

   5. Our services will usually attract Goods and Services Tax (“GST”). If this is the case, GST is payable by you on our fees and charges.

   6. Any amounts paid in advance are deemed to be the fee for the Hire Period. Any works completed outside the agreed Hire Period at the Premises for which we have already received payment, will be charged on an hourly rate basis in accordance with our Price List and are payable within 7 working days of the date of the invoice. 

8. JOB RELATED COSTS

   1. The Client shall reimburse the Studio for all Job-Related Costs. Where the Studio makes payment to others on behalf of the Client, the Studio may add a service charge or commission, determined at the Studio’s absolute discretion. Unless otherwise specified in the Agreement, the Client must pay all Job-Related Costs and service charges/commissions to the Studio within 7 days of invoice. The Client is not entitled to any property in:

      1. any artistic works or other materials created or supplied by the Studio to support the Booking; or

      2. any materials used for the creating of an artistic work, which are commissions or arranged by the Studio; or

      3. any goods used in supporting the Booking.

   2. Such goods, materials, authored or artistic works shall remain the property of the Studio, unless otherwise specified in this Agreement.

9. OVERDUE PAYMENTS

   1. In the event that any monies are not paid in full on the due date, the Studio shall be entitled to:

      1. charge interest at a rate of 2.5% per month or part month overdue on any amounts outstanding; 

      2. recover any debt collection costs and related legal expenses (on a solicitor-client basis); and

      3. suspend any further work until all amounts owing and any costs incurred are paid in full.

10. URGENT WORK

    1. Where the Client requires the Premises on an urgent basis, the Studio will not be liable for any losses or damages arising out of the inability to provide the Premises or the costs of arranging a substitute premises or re-shoot.

11. CANCELLATION

    1. When a Booking is confirmed by the Studio to the Client, the Client becomes liable for payment to the Studio and the Studio becomes liable to provide the Premises at the specified time on the specified date. 

    2. If the Client cancels the Booking:

       1. within 1 working day of the booked hire day, the Client must pay a fee of 100% of the Studio’s fees.

       2. giving notice of cancellation of greater than 1 working day and within 3 working days of the booked hire day, the Client must pay a fee of 50% of the Studio’s fees.

       3. giving notice of cancellation of greater than 3 working days and within 7 calendar days of the booked hire day, the Client must pay a fee of 25% of the Studio’s fees.

       4. giving notice of cancellation of greater than 7 calendar days of the booked hire day, subject to clause 14.3 always, there shall be no fee payable to the Studio.

    3. In any case, the Client must pay the Studio for all Job-Related Costs incurred.  The Client acknowledges and agrees that these cancellation fees fairly reflect the loss suffered by the Studio and the Studio’s ability to re-schedule work and re-hire the Premises depending upon the amount of notice given.

12. POSTPONEMENT

    1. Subject to any specific terms in the Agreement, if the Client postpones or changes the day of the Booking, the following shall apply:

       1. within 1 working day of the booked shoot day, the Client must pay a fee of 50% of the Studio’s daily fee for each day which is postponed.

       2. With more than 1 working day’s notice, the Client must pay a fee of 25% of the Studio’s daily fee for each day which is postponed. 

       3. The Client must pay the Studio for all Job-Related Costs incurred.

    2. The Client acknowledges and agrees that these cancellation fees fairly reflect the loss suffered by the Studio and the Studio’s ability to re-schedule work and re-hire the Premises depending upon the amount of notice given.

13. RESPONSIBILITY FOR CONTRACTORS

    1. The Client is responsible for making all payments (including rollover fees) and fulfilling all other obligations to contractors.

    2. Where contractors are models, the Client is responsible for obtaining all necessary model releases. To ensure proper recording of others’ intellectual property rights, which may be part of the Photographic Works, the Client shall, on a request by the Studio, provide evidence of these model releases to the Studio.

    3. Where the Client requests the Studio to engage contractors, the Studio shall do so as agent for the Client and the Client indemnifies the Studio against all costs, disbursements and other obligations arising from that agency.

14. CLIENT PROPERTY AND MATERIALS

    1. Client property and all property and material supplied to the Studio by or on behalf of the Client is held at the Client’s risk and the Studio accepts no responsibility for the maintenance or insurance of that property or material.

    2. The Client must pay any sum charged or insured by the Studio for handling or storing property or material supplied by or on behalf of the Client.

    3. Where property and materials are left with the Studio without specific instructions, the Studio may dispose of them at the end of six months from the date of receiving them and retain the proceeds.

15. NO PARTNERSHIP

    1. Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties nor a landlord/tenant relationship.  A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation. 

16. PRIVACY AND PERSONAL INFORMATION

    1. As part of the Booking, the Studio may collect and retain personal information about the Client. The personal information may be used by the Studio for communicating with the Client for any purpose relating the Booking, direct marketing and in connection with these terms and conditions.

    2. The Client authorises the Studio to collect, retain and use personal information for these purposes (including assessing credit worthiness), and to disclose that information to any person or entity for these purposes.

    3. Personal information collected by the Studio shall be retained in the Studio’s database. The Client may access and request correction of any of the Client’s personal information by contacting the Studio.

17. CLIENT CONFIDENTIALITY

    1. The Client must advise the Studio as to whether any material or information supplied is of a confidential nature.  The Studio will keep that material or information confidential, except where required by law (as further detailed in our privacy policy, available on our website and upon request) or disclosure is reasonably necessary to enable the Studio to perform the Agreement.

18. INDEMNITY

    1. The Client undertakes to indemnify the Studio, its employees and agents for any loss, claim, damage, or expense (including costs incurred on a solicitor client basis) suffered or incurred as a result of:

       1. the Client’s use of the Premises;

       2. any breach by the Client of the Agreement;

       3. any illegal or defamatory activity undertaken by the Client, or on behalf of the Client (including by any of the Client’s employees or contractors); 

       4. in recovering any moneys due.

    2. Such loss, claim, damage or expense shall be moneys due for the purposes of these terms and conditions.

    3. The Client is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works.

19. CONSUMER GUARANTEES ACT 1993

    1. The Consumer Guarantees Act 1993 (“Act”) may apply to the Booking if the Client hires the Premises for personal, domestic or household use or consumption.  If this Act applies, nothing in the Agreement will limit or exclude the Client’s rights under this Act.

    2. If the Client is hiring the Premises for business or trade purposes, then the Client’s rights are subject to the Agreement only and the Act shall not apply.

20. STUDIO NOT LIABLE FOR LOSSES

    1. Except as provided by the Act, the Studio shall not be liable for:

       1. any loss or damage arising by reason of any delay in the supply of the Premises; or

       2. any loss of profits or revenues; or

       3. any indirect or consequential loss of whatever nature; or

       4. any loss resulting from any errors or omissions arising from an oversight or a misrepresentation of a Client’s verbal instructions.

    2. The Studio takes no responsibility for the loss or damage to equipment, furniture or personal items left in the Premises.

21. LIABILITY OF STUDIO LIMITED

    1. Subject to clause 21.1, the Studio’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused (including negligence), arising out of or connected with the hire of the Premises, shall not exceed the full value of the payments made by the Client under the Agreement.

22. HEALTH AND SAFETY

    1. The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, its own or it’s employees or contractors personal safety and that no action or inaction of the Client or it’s employees or contractors causes harm or risk to the health and safety of others.  Notwithstanding the above, the Client agrees to comply with any reasonable health and safety directions given by the Studio.

    2. It is the responsibility of the Client to provide first aid supplies. Notwithstanding this clause, the Studio shall keep a first aid kit at the Premises.

    3. The Client is responsible to ensure that the requirements of the Health and Safety at Work Act 2015 and the Smoke-free Environments Act 1q990 are met at all times during the Hire Period.

23. FORCE MAJEURE

    1. Except for an obligation to pay money, neither the Client nor the Studio shall be liable for any act, omission or failure to fulfil its obligations, for any loss or damage arising directly or indirectly due to an act of God, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, accidents, electrical, heat, light or telecommunication failures, interruption to transportation weather or any other cause outside the Studio’s control.

24. DISPUTE RESOLUTION

    1. The Studio and the Client agree to use their best efforts to resolve any dispute which arises though good faith negotiations.

    2. Either party may raise a dispute by written notice to the other party.  Within 3 working days of receipt of a dispute notice, the parties shall meet (or otherwise communicate if meeting is not practicable) and attempt to resolve the dispute through good faith negotiations on a “without prejudice” basis.

    3. Neither party may commence any litigation in relation to the dispute unless 14 days have passed since the parties met (or otherwise communicated) and endeavoured in good faith to resolve the dispute on mutually acceptable terms.

25. CONFLICTS

    1. In the event of a conflict or inconsistency between these terms and conditions and the Booking, the Booking shall prevail.

26. GOVERNING LAW

    1. These terms and conditions are governed by, and to be construed in accordance with New Zealand Law.  The Client irrevocably submits to the exclusive jurisdiction of the New Zealand courts.

27. ENTIRE AGREEMENT

    1. The Booking, together with these standard terms and conditions and any other special conditions agreed in writing between the parties, shall constitute the entire Agreement between the parties.

    2. Each Booking, together with these standard terms and conditions and any other special conditions agreed in writing between the parties, shall constitute a separate Agreement between the parties.

SCHEDULE A

PRICE LIST AND HIRE

Half-Day Studio Hire (5 hours) $450

Hire includes:

• 7m x 5m cyclorama wall privately sectioned by a large theatre curtain

• Basic lighting equipment

• Equipped kitchenette and lounge area

• Portable make-up table and changing room

• Garment rack and steamer

• Bluetooth sound systems

• Bathroom facilities

• 2 off street car parking spaces 

• Free street parking

Full Day Studio Hire (10 hours) $695

Hire includes:

• 7m x 5m cyclorama wall privately sectioned by a large theatre curtain

• Basic lighting equipment

• Equipped kitchenette and lounge area

• Portable make-up table and changing room

• Garment rack and steamer

• Bluetooth sound systems

• Bathroom facilities

• 2 off street car parking spaces 

• Free street parking

Miscellaneous

Additional equipment hire (by prior arrangement only). Please contact us for a list of prices.

Floor repaint $80

Hourly hire rate $125

All price are in New Zealand dollars and inclusive of goods and service tax.

SCHEDULE B

RULES

The Client undertakes and covenants that is shall, at all times during the Hire Period, comply with the following Rules.

1. The Client shall ensure that:

• The Premises and Equipment are used solely for the purpose of producing Photographic Works.

• Any Equipment of the Studio’s is fully protected from the weather when the Equipment is not in use.

• It gives prompt notice of any accident that occurs at the Premises.

• It gives prompt notice of any accident to, defect in or damage to the Premises and Equipment.

• The interests of neighbouring tenants are considered and noise levels are kept to an acceptable level at all times.

• Access and agress for businesses or emergency vehicles are available at all times and that no other persons are dule inconvenienced. This includes private and public access ways that must be kept clear at all times.

• It makes itself familiar with the evacuation procedure in case of fire at the Premises, and to ensure that all emergency exists are clear and free of any obstacles.

• The general public do not have access to the Premises, it’s facilities or the Equipment.

• No illegal activities take place in or outside the Premises during the Hire Period.

• A parent or designated caregiver, who is at least 18 years of age, is responsible for all children 10 years of age and under.

• No alcohol or drugs are to be consumed on the Premises.

• All persons have vacated the Premises by the end of the Hire Period.

• all furniture brought in externally is removed by the end of the Hire Period.

1. The Client must not:

• Remove or permit the removal of any Equipment or other fittings, fixtures or contents from the Premises.

• Use nails, tacks, screws, pins or any other instrument that will cause damage to the wall surfaces, furnishings, floors and ceiling surfaces. 3M tape is permitted to hang decorations from the cyclorama wall.

1. The Client acknowledges that:

• No animals are permitted in the Premises, other than guide dogs for the visually impaired, registered companion animals or official animals of the NZ Police, unless otherwise agreed in writing by the Studio.

• Lighting with a naked flame is not permitted in the Premises.