SCARLET DOOR TERMS AND CONDITIONS
In these conditions the following expressions have the following meanings: "Scarlet Door” means all bookings taken by Scarlet Door studio or Shawn Bishop photography.
"The Customer" is any person or firm or company dealing with Scarlet Door or any employee of such a person firm or company.
"Services" shall include all space and facilities.
"Equipment" shall include all fixtures, lighting and other materials provided by Scarlet Door or by nominated sub-contractors.
"Studio" the premises and adjacent grounds of Scarlet Door for Customer use for the agreed duration where the services and equipment are provided.
2.1. The Customer must affect its own insurance cover against consequential loss of profit and other all other Risks including accidents & injury and must affect its own cover against loss damage or theft of any of its own equipment brought onto the premises.
Under no circumstances will Scarlet Door entertain any claims arising out of any failure of the Customer to affect its own insurance cover.
2.2. These Conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorised signatory on behalf of Scarlet Door.
2.3. Full details of the Scarlet Door services and charge rates may be varied by Scarlet Door without notice.
3. Studio Hire
3.1. The Studio is available for daily use between 0800hrs and 22.00hrs. Use outside these hours shall be previously agreed in writing by Scarlet Door.
3.2. The Studio may be booked by telephone or email and the booking must be confirmed within 24 hours. The Customer will be required to pay a booking fee of 50% the agreed fee to confirm the booking - Any confirmed booking is bound to these Conditions. Any confirmed bookings cancelled less than
3 working days of the commencement will be billed at the full rate plus any costs incurred by Scarlet Door by way of expenses. The Customer will receive
credit against such cancellation charges if the Studio is re-booked to another customer.
3.3. Bookings may only be extended with the prior consent of Scarlet Door.
3.4. The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by Scarlet Door or by
any statutory body or Local Authority.
3.5. 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 Scarlet Door.
3.6. 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 agent employee or sub-contractor of the Customer.
3.7. Any materials used in connection with sets constructed by the Customer shall be forthwith removed from the Studio at the end of the hire period at the expense of the Customer.
3.8. No alteration decorations or additions to the Studio are permitted without the consent of Scarlet Door 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 Scarlet Door arising out of any breach of this Condition shall be paid by the Customer.
3.9. Hourly rental periods are 60 minutes.
3.10. Half day rental periods are 4 hours.
3.11. Full day rental periods are 8 hours.
3.12 Minimum hire for weekend and bank holiday is 4 hours
3.13. Studio clean up must be completed by the end of the rental period.
3.14. Studio Hire time begins promptly at the designated starting time and ends promptly at the designated ending time.
This includes all setup and dismantling of sets and or equipment.
4. Hire of Services and Equipment
4.1. All Equipment and services are supplied by Scarlet Door entirely at the risk of the Customer. Scarlet Door 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.
4.2. All Equipment supplied to the Customer is in good condition. The Customer must notify Scarlet Door at the time of supply if the condition of the Equipment is not acceptable.
4.3. In no circumstances shall Scarlet Door 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.
4.4. The Customer may not without the written consent of Scarlet Door:
(i)Remove the equipment from the Studio premises
(ii) Modify or alter or tamper with the Equipment in any way
(iii) Use the Equipment in a manner not recommended by the Manufacturer;
(iv) Allow or suffer the Equipment to be used by any untrained or unauthorised personnel
(v) Part with possession sell pledge encumber or suffer any lien to be created on the Equipment.
4.5. Scarlet Door 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 Scarlet Door or any other person whose services are supplied to the Customer.
4.6. The hire period for services or Equipment cannot be extended otherwise than with the consent of Scarlet Door.
4.7. 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 Scarlet Door 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.
5. Payment and Additional Charges
5.1. Unless otherwise agreed in writing all transactions will be settled by cash or paypal transfer at the end 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.
5.2. Overdue accounts will accrue interest at the rate of 2% above the base lending rate of Natwest Bank PLC, per month or part thereof.
Overdue accounts or monies owed to Scarlet Door will be passed to a Debt Management Team after 30 days for recovery.
5.3. 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 Scarlet Door. Scarlet Door reserves the right to make an additional hourly labour charge to cover any costs incurred by Scarlet Door in cleaning or rebuilding of any set or dismantling any equipment.
5.4. Any additional Equipment, services, staff or modifications to the Confirmation of Booking shall be billed to and paid for by the Customer.
5.5. At the end of the hire period the Customer may be charged at the discretion of Scarlet Door an additional rental where the Studio or any item of Equipment is delivered to or returned to Scarlet Door in a bad or damaged condition so as to preclude use or hire of the said Studio or Equipment.
5.6 At the end of the hire period the Customer may be charged at the discretion of Scarlet Door an additional rental if the hire period is exceeded
5.6. Where Scarlet Door is required to place a security deposit with any third party for the hire of any item of equipment the Customer shall pay such deposit to Scarlet Door when the booking is made.
5.7. Scarlet Door shall have a general lien on any film, tape, or other equipment or property in the possession of Scarlet Door or in the Studio premises for the payment of any monies due to Scarlet Door from the Customer.
6. Exclusions of Liability
Subject as herein before mentioned Scarlet Door 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 Scarlet Door
(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.
(d) For any fines and/legal costs incurred by Scarlet Door or the Customer for any activity connected with the hire of the Studio or Equipment.
(e) Any failure on the part of Scarlet Door to comply with its obligations to the Customer due to any circumstances beyond the control of Scarlet Door.
The Customer shall at all times keep Scarlet Door indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against Scarlet Door or the servants or agents of Scarlet Door 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 Scarlet Door even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of Scarlet Door its owners servants or agents. Any incidents or accidents that occur during the hire period must be reported immediately to Scarlet Door or the servants or agents of Scarlet Door.
Scarlet Door 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 Scarlet Door 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 Scarlet Door against the Customer prior to the date of termination.
9. Applicable Law
These conditions shall be read and construed in accordance with the laws of England