The following sets out the terms and conditions (Terms) of the Rosebery Studios Pty Ltd ACN 659 975 872 (Rosebery Studios) studio and equipment hire services. These Terms together with any other terms and conditions specified in any Invoice by us, and any other documents incorporated by these Terms, form part of the contract between You and Rosebery Studios when You hire a Studio or Equipment or both from Rosebery Studios.
Definitions
1) In these Terms the following definitions apply:
“Business Day” means Monday to Friday excluding public holidays.
“Equipment” means any equipment
furniture or fittings located in the Premises and/or Studio or any other equipment specified in our Hire Contract.
“Hire Contract” means the final confirmation we send you attaching and incorporating our Invoice, these Terms, and any other document to your booking.
“Hire Period” means from the time you (or any authorised person) collect Equipment or occupy a Studio (as applicable) until the end of the period specified in the applicable Hire Contract.
“Invoice” means any tax invoice we send you setting out the hire fees applicable for your booking request.
“Personnel” means the officers, employees, agents, or contractors of a party.
“Premises” means any premises owned by Rosebery Studios or any associated entity, which is offered for hire (as applicable).
“Standard Rates” are our standard rates for studio and equipment hire, available from us upon request.
“Studio” means any photographic/film space you hire from Rosebery Studios.
“Studio Rules” means any rules for use of and applicable to our studios that we may advise from time to time;
“Rosebery Studios”, “we” “our” or “us” means Rosebery Studios Pty Ltd ACN 659 975 872;
“You” or “your” means the person or entity entering into the agreement to hire a Studio, Equipment, or both from us.
“Your Property” means any property that you, your Personnel, invitees, or guests bring onto the Premises or into a Studio and includes any Equipment.
Eligibility requirements and proof of identification
2) If you are an individual or sole trader you:
(a) warrant that you are at least 18 years of age;
(b) must supply us with appropriate identification and other reasonable details as required by us to establish and verify your identity and contact details;
(b) agree that Rosebery Studios may undertake background and/or identification checks prior to leasing equipment to you including any Verification of Identity searches. For these purposes, you must provide the information and identification requested by us.
3) If you are another entity, you must supply a current ABN/ACN, registered address, contact number and email.
4) If you are a registered company, by accepting our terms and conditions, you agree that each and every current officeholder guarantees the performance of the company and guarantees payment of all debts and amounts due to Rosebery Studios.
5) You may be required to provide us with appropriate security prior to us leasing a Studio or Equipment to you. You agree that Rosebery Studios may call upon any such security provided in the event that you fail to pay any amount due and owing to us by the due date.
Making a Booking
6) These terms govern all hire of Studios and Equipment from Rosebery Studios. Each hire request we receive constitutes a separate offer to hire studios or equipment or both. An offer is only accepted when Rosebery Studios supplies you with a corresponding Hire Contract and the resulting agreement incorporates these Terms.
7) Rosebery Studios may choose at any time, in its sole discretion, not to hire out Equipment or Studios to you. Equipment and Studios are subject to availability.
8) Rosebery Studios may issue you with an Invoice based on your requirements and a provisional hold will be placed on any requested Studio or Equipment (or both) awaiting your confirmation. At any time while you have a provisional hold on a Studio or Equipment we may request you to confirm and pay for your booking in full; electronically or otherwise. From that time, you have 24 hours to confirm your booking. Rosebery Studios may cancel your booking and release your requested Studio and Equipment if you do not confirm your booking during this 24-hour period.
9) For the avoidance of all doubt, no Booking is ever confirmed until payment has been received by Rosebery Studios in full and you have agreed to these Terms and any other terms stipulated on our Invoice or the Hire Contract.
Fees and Payment
10) The fees payable are specified in the Hire Contract. Fees can be paid with cash, direct EFT credit, credit card, or EFTPOS. Payments with any credit cards will attract appropriate surcharges.
11) Additional fees may be charged to you if you take longer than your specified hours in a Studio, return Equipment late, or if you request an early start, catering, courier services, painting, set build, or any other services not already specified in the Hire Contract.
12) Following your contracted hire, we will issue you with a subsequent invoice for all additional fees you incurred (less any fees paid upfront or already charged to an approved account).
13) We may, in our sole discretion, require prepayment of your Invoice or fees in order to confirm your booking. You are required to pay your Invoice and all fees specified in the Hire Contract before occupying the Studio or taking any Equipment.
14) Without limiting any other clause in these Terms, if you do not pay any Invoice by the due date, we reserve the right to:
(a) charge a reasonable administrative fee for your processing and pursuit of late payments; and/or
(b) charge you interest on the unpaid amount at a rate of 15% per annum.
15) By making payment of a deposit or payment in full of our Fees, you are deemed to have accepted these Terms.
Authorised Person
16) You may specify to us an authorised person/s (Authorised Person) who is approved by you to collect Equipment or take occupation of a Studio.
17) Only you or an Authorised Person is permitted to collect Equipment or take occupation of a Studio. Authorised Persons may be required to present photo ID and sign at the time of collection and/or occupation.
Cancellation Policy
18) Rosebery Studios does not refund any Fees and does not have any refund policy.
19) If you wish to cancel a confirmed booking, we will happily reschedule your booking as long as we have received a minimum of 24 hours’ notice.
Your Obligations
20) You must make your own assessments regarding the fitness for use of the Equipment, the Studio, the Premises (as applicable), and Rosebery Studios for your particular purposes.
21) When hiring a Studio, you warrant that you have read and will comply with, and will ensure that each of your Personnel, guests, and invitees attending the Premises reads and complies with, the Studio Rules. If at any time in our sole discretion, we believe that you or your Personnel, guests, or invitees, are being unsafe, we reserve the right to require you or your Personnel, guests, and invitees to cease the activity which we consider unsafe, or to require that you or your Personnel, guests and invitees leave the Premises.
22) With the exception of any of our Equipment, you must ensure that any equipment you bring to the Premises is safe to use.
23) You must ensure that you and your Personnel are suitably qualified to operate our Equipment and any other equipment you use at Rosebery Studios.
24) You acknowledge that our Equipment is for professional use and is highly technical. You warrant that you understand, and where applicable will ensure that any of your personnel who
may use the Equipment understand, how to use and operate the Equipment in accordance with the manufacturer’s directions. If you are not confident operating any Equipment, Rosebery Studios recommends that you use a qualified person.
25) Equipment hired from or provided by Rosebery Studios must remain in the Studio or Premises where located, and must not leave the site at any time without strict written approval from Rosebery Studios. Risk in the Equipment is assumed by you from the time of commencement of the Hire Period until the completion/end of the Hire Period.
Cleaning, Damage, and Late Equipment
26) You must vacate the Studio/ Premises by the end of the Hire Period, and ensure the Studio, Premises, and all Equipment is left in the same condition as it was provided (reasonable wear and tear excepted), and that the Equipment is left in the Studio/Premises.
27) Studio hire includes a standard clean (up to one hour carried out by our reset team).
28) If you leave the Studio or return Equipment in an excessively dirty condition (as determined by us in our sole discretion), you must pay for the reasonable costs of cleaning. Without limitation, Studios left with foreign substances such as makeup spills, food, glitter, or confetti, or Equipment covered in mud may incur additional fees.
29) You must take care not to damage or mark the Studio walls, ceilings, or floors.
If you intend on painting or affixing coverings to the walls, ceilings, or floors, you must notify our staff and follow their instructions.
30) Without limiting any other clause herewith, you are responsible for, and must pay for all loss or damage caused to the Studio, the Premises, the Common Property of any building where the Studio and/or Premises are located, or to any Equipment by you or your Personnel, guests or invitees (reasonable wear and tear excepted). We reserve the right to Invoice you to recover our costs of assessment, repair, and/or restoration in accordance with these Terms.
31) You are responsible for the acts and omissions of your Personnel, guests, and invitees while they are on the Premises, and occupying or remaining on any Common Property of a shared building, and will ensure that they comply with these Terms.
32) If Equipment is not left in the Studio or Premises, or is damaged beyond fair wear and tear, without limiting any other rights we may have, you will be liable for the replacement cost of any damaged or missing items. The replacement value is our cost of replacing the item with the same or a similar model.
33) Where Rosebery Studios arranges to send Equipment to you, you will pay all transportation costs including (where applicable) carnet costs, which may arise. You agree that we are not responsible for the timing of the delivery, any damage arising via the delivery, or any costs arising in relation to a late or failed delivery.
34) You acknowledge that some Equipment may be owned by a third party. Without limiting any other clause in these Terms, you will indemnify and hold us harmless for all losses, liabilities, damages, costs, or claims (including legal fees) that Rosebery Studios may suffer as a result of damage to, or loss of, the Equipment while it is under hire to you.
Conditions Applicable to Flash Packs
35) When using flash packs not plugged into mains power, you agree to only use these with an ‘inverter’ generator we approve. You acknowledge that flash packs used on non-approved generators can explode which may result in property damage and/or injury. Without limiting any other clause in these Terms, if you use a non-approved generator, you are entirely liable for all injury, damage, losses, and costs of repair that may arise.
Equipment not working within published specifications
36) Subject to applicable law, if during the hire period, the Equipment does not operate within its published specifications, or a Studio cannot be used for any reason beyond our reasonable control, We reserve the right to supply you with substitute Equipment or provide you with another Studio. If no substitute is available, you may terminate the hire agreement and we will refund you the fees, or relevant portion thereof.
37) You must not attempt to repair or authorise a third party to attempt to repair any Equipment.
Your Property & Personnel
38) Rosebery Studios assumes no liability for your property or any Equipment or other items brought by you into any Studio or Premises. You must take full responsibility for all your property on the Premises and make appropriate arrangements to ensure its safety. If you leave your Property unattended, you do so at your own risk. To the fullest extent permitted by law, we exclude liability for loss or theft of, or damage to, your property.
39) While you may choose to have your property delivered to Rosebery Studios and stored in the loading dock in advance of a hire, we recommend that any valuable property is not delivered until you have Personnel on-site to accept it. Any property left unattended at the Studio or delivered to the Studio or Premises ahead of your Hire Period, or left in any Common Property in a building where a Studio is located, is at your risk.
40) Any electrical equipment you bring onto the Premises must be tested for electrical safety and have a current (i.e. tested within the last 12 months) electrical safety test tag affixed in accordance with AS/NZS 3760:2010.
41) Rosebery Studios assumes no liability for any personal injury or death of any person at its Studio, Premises, or using its Equipment. You will indemnify and keep Rosebery Studio and any related entity indemnified with respect to any liabilities which may arise for any personal injury or death of any person at its Studio, Premises, or using its Equipment.
No interest
42) We grant you a license only to use and occupy the space and the facilities at the Premises, and use the Equipment (as applicable) for the Hire Period. You must not create any lien, mortgage, charge, security interest, or encumbrance on the Studio, the Premises, or the Equipment. You must not sub-hire or assign any benefit in the Studio, the Premises, or the Equipment to any other party.
Location release
43) Subject to these terms and conditions, we permit you to use the area of the Premises referred to in your Booking Confirmation (the Location) to carry out filming and photography.
44) Except where otherwise agreed in writing we acknowledge that:
a) You or your contractors hold all rights, titles, and interest in, and to, all recordings made at the Location during the Hire Period; and
b) You or your contractors have the unrestricted right to assign, license, and or exploit any such recordings without our further consent and without any additional payment to us.
Privacy
45) Rosebery Studios collects personal information in order to provide the Equipment in accordance with these Terms. Rosebery Studios may disclose such personal information to third-party service providers such as technology providers, for this purpose. You consent to such uses and disclosures.
46) Rosebery Studios otherwise treats personal information it collects in accordance with relevant legislation.
Termination by Rosebery Studios
47) We may terminate any hire agreement immediately without incurring any liability to you where:
(a) You are in material breach of any of these Terms; or
(b) We are unable to provide the Studio or Equipment to you for occurrences or conditions that are not within our reasonable control.
Limitation of Liability
48) Nothing in these Terms purports to limit any implied warranties under any Australian law that cannot be limited, including the Consumer Guarantees under the Australian Consumer Law.
49) To the fullest extent permitted by law these Terms state the full extent of Rosebery Studios’ potential liability, if any, to you in respect of Studio hire and use of the Equipment. All other potential liabilities are expressly excluded.
Insurance
50) Rosebery Studios recommends that you obtain sufficient insurance to cover your potential liabilities under these Terms.
51) Rosebery Studios requires you, prior to entering its Premises or uplifting any Equipment, to have in place public liability insurance to a minimum level of $ 20 million per occurrence.
General
52) If any provision of these Terms is unenforceable for any reason, such provision shall be severed from these Terms and the remaining Terms and will remain in full force and effect.
53) These Terms are governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.