Agreement for use of Trustco Media Facility Hire. Terms and Conditions :
A. Booking Confirmation by Purchase Order: The Client or 'Customer' acknowledges that the hire of the Studio and/or Studio Services hereunder, shall not proceed (without the presentation of a valid Purchase Order or written Authorisation to proceed on the terms and conditions of this Agreement, from the Client) unless the Client shall have indicated its acceptance of the terms and conditions of this agreement by signature below.
Notwithstanding the foregoing. This Agreement constitutes the entire agreement between the parties and neither party shall be bound by any other statement or agreement or representation made to the other.
1. Clients Requests: The Client hereby requests Trustco Media or "the Company", hires to the Client the Studio Facility and/or to provide the agreed services for the period of booking and the Company agrees to do so on the terms and conditions set out in this Agreement below.
2. Declaration of Client: The Client declares and warrants (in the knowledge that the Company will rely upon such declarations and warranties) that the client has read and understands and agrees to all the terms and conditions set out in this Agreement.
3. Client acknowledgement: The client or its representatives hereby acknowledges that prior to the commencement of the period of booking it shall be responsible for ensuring the suitability of the Studio Facility for the clients purpose during the period of booking.
4. Confirmation of Booking: Bookings are normally only confirmed by Trustco Media when a Customers Purchase Order is received together with a deposit for 50% of the booking. (Non Account Customers are requested to pay a 50% deposit preferably by Bacs before the booking day. With the balance paid on arrival and any other monies due paid before departure. Payment by Company Cheque, Bacs, or Cash acceptable).
4a. Purchase Order: The Customers Purchase Order should state all the hours, equipment and services that the Customer requests for the day of the booking. No liability can be accepted by Trustco Media for any Studio hours, equipment or services, not requested by the Customer in writing on their Purchase Order.
5. Studio Hours: The Studio is not available during normal business hours 9am - 6pm but out of hours 6pm - 9am during weekdays and at weekends. When overtime rates will be charged from £70 per hour.
6. Bookings may only be extended with the prior consent of Trustco Media. Any agreed overruns will be charged at the rate per hour for the day/night. Trustco Media reserves the right to forgo permission of any extension to a booking, to avoid any Studio Booking conflicts on the days concerned.
7. The Hire Charge: Commences when the Studio is made available to the Customer and terminates when the Studio is surrendered to Trustco Media by the Customer.
7a. Any additional equipment, services, staff or modifications added to the Purchase Order, shall be paid for by the Customer
8. Account Customers: Please submit a valid Purchase Order with your booking. Payment preferred by Bacs or Company Cheque. No credit can be given beyond 28 days. Trustco Media reserves its Statutory Right to charge interest. on all overdue Accounts.
8a. Non-Account Customers: Customers are requested to pay the full amount before the Studio Booking. Please pay a 50% deposit to secure your booking, accompanied by a valid Purchase Order. The balance to be paid on or before the Booking date, by Bacs or Company Cheque. With any monies due to be paid with cash/cheque before departure.
9. General Lien: Trustco Media shall have a general lein of any film, media, or other equipment or property in the possession of Trustco Media or on the studio premises, for the payment of any monies due to Trustco Media from the Customer.
10. Studio Hire: The Studio and all the equipment supplied to the Customer by Trustco Media is in good condition. The Customer must notify Trustco Media at the time of occupation in writing , if the Studio hire or the condition of the equipment is not acceptable. No liability is accepted for notification of any faults received after the booking, where no opportunity has been given to Trustco Media to rectify during the booking period.
11. All equipment and services and materials are supplied by Trustco Media entirely at the risk of the Customer. Trustco Media shall not be liable for the suitability, loss, or damage of any kind to the equipment, services, materials or props entrusted to it. Howsoever caused, including consequential loss and / or loss of profit.
12. The Studio is available for the exclusive use of the Customer named on the Purchase Order and the Customer is not permitted to sublet or permit a third party to utilise the Studio without the prior written consent of Trustco Media.
13. The Customer is responsible for the Behavior of all its personnel and representatives within the Studio during the Studio hire.
14. Condition of Studio: The Customer is responsible for any loss or damage occasioned to the equipment or the Studio or Studio Fabric , caused by or arising from the Customer use thereof or by any servant, agent, employee or subcontractor of the Customer.
15. No alternations, decorations, or additions to the Studio are permitted without the written consent of Trustco Media. 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 Trustco Media that arise out of any breach of these conditions shall be paid for by the Customer.
16. The client agrees to leave the Studio in good condition and agrees to pay for any extra cleaning hours, major spillages or damages to the equipment (including hired in equipment) or to Studio fabric , howsoever caused by the Customer. In any such event the Customer also agrees to pay for any Studio time incurred by Trustco Media to rectify the above, at the Studio Rates applicable for the hour and time.
17. Cancellation: In the event of a Cancellation by the Customer that renders the Studio empty and any confirmed hired Studio personnel, redundant, the following fees apply :
Less than 7 working weekdays - 25% of the booked Studio fees are due and payable. Less than 3 working weekdays then 50% of the booked Studio fees are due and payable . Less than 2 working weekdays - 100% of the booked Studio fees are due and payable
All cancellation fees are due for immediate payment on demand. Should the Studio be relet during the booked period of the Cancelled booking, then the Cancellation fee will be reduced by any Monetary Receipts from another Customers booking the same period.
18. Hazards: Strictly no smoking or hazardous activities or equipment are permitted during the Studio Hire without the express written permission and prior consent of Trustco Media.
19. Trustco Media personnel and equipment may be available for hire in Studio on request.
20. The Customer undertakes and agrees to use the Studio at their own risk.
21.The Customer agrees no liability is accepted by Trustco Media for the suitability of the Studio for hire, and for the hire period. Owing to this and any circumstances and/or conditions beyond the control of Trustco Media.
22. Any Chroma key or Background Colour paper which cannot be re used is subject to a charge of £15 per square metre.
23. Client will only get finished product and not the raw footage, unless specifically agreed in advance. However, we do keep original footage for a minimum of 6 months which can be purchased at an additional fee of 30% of finished product price.
23. These terms and conditions shall be governed by English Law.