Studio Hire Agreement
By clicking 'I agree,' you (the "Client", “you”, “your”) are entering into a legally binding agreement (“Agreement”) with A to Z Building Solutions Pty Ltd ABN: 62642324310 trading as A to Z Creative Studio (“A to Z Creative Studio“, "Studio", “we”, “our”, “us”) to abide by the terms and conditions (“Terms”) set forth in this Agreement, which govern the use of our studio facilities, equipment, and services.
Agreement Acceptance
By clicking 'I agree,' you acknowledge that you have had an opportunity to review the Terms provided below. Your acceptance of this Agreement is voluntary, and you agree to be bound by its Terms. If you do not agree with these Terms, you should not proceed with the booking or use of our studio facilities.
You understand and agree that clicking 'I agree' constitutes a legally binding Agreement between you and the Studio. You further understand that failure to comply with the Terms of this Agreement may result in legal consequences and obligations.
I agree
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By clicking 'I agree,' you acknowledge that you have read, understood, and agreed to the Terms set forth in this Agreement.
1. Booking and Payment
1.1 Online Booking Process
1.1.1 To make an online booking you must submit your full name, phone number and email address. Bookings can be made by choosing an appointment type, time, and date from the calendar. Once you have selected your preference you will be taken to check-out where full payment is required to secure your booking.
1.1.2 By utilising our online booking system, you agree that all studio sessions booked through this platform are expressly for the purposes of photoshoots or content creation. If you intend to use the studio for events, meetings, or any other purposes not explicitly related to content creation or photoshoots, you must seek prior approval from the studio. Failure to do so may result in penalties, including cancellation of the session without refund and additional charges associated with the unauthorised use of the studio space. Repeat violations may result in suspension of booking privileges.
1.1.3 By using the online booking system, you acknowledge and agree to adhere to these restrictions. Any violations may result in penalties as outlined above.
1.2 Booking Time and Set-Up/Pack-Up Requirements
The booking time includes the total time required for both the set-up ("bump in") and packing-up ("bump out") of equipment, props, and any materials used during the booking. Clients are responsible for ensuring that they have booked sufficient time to accommodate these set-up and packing-up needs.
1.3 Check-In Requirements
1.3.1 Upon arrival at the studio, Clients are required to visit the check-in desk immediately to complete the check-in process. As part of our security and safety measures, all individuals attending with the Client (for whom the studio has been provided with a prior list of attendees) must register their names and contact details in the check-in register.
1.3.2 This check-in procedure helps ensure the security and safety of all individuals within the studio and allows us to maintain a record of who is present during studio sessions. We appreciate your cooperation in complying with these check-in requirements. Your privacy and security are important to us, and this information will be treated with the utmost confidentiality and in compliance with applicable privacy laws and regulations.
1.4 Overtime Charges
If your booking extends beyond the agreed-upon booking time, any extra time required will be charged at a rate of $150 per hour. You agree to pay this additional fee promptly.
1.5 Confirmation of Bookings
All bookings are provisional until the required booking fees are paid in full and you have agreed to the Terms of this Agreement. Upon successful payment, you will receive an email notification confirming your booking. The email notification serves as the official confirmation of the booking and will also provide details of your booking, including the date, time, and other relevant information.
1.6 Right to Refuse Bookings
A to Z Creative Studio reserves the right to refuse any booking request at our discretion. In the event a booking request is refused, any fees paid by the Client will be refunded promptly.
1.7 Payment Methods
We accept the following payment methods:
Visa
Mastercard
Amex
Applepay
Googlepay
By accepting these Terms, you authorise A to Z Creative Studio to charge the provided payment method for the booking fee associated with your reservation. You acknowledge and agree to this payment authorisation for the booking fee.
1.8 Pricing and Taxes
Prices for studio bookings is the amount specified on the online booking system at the time of booking and includes full use of the space for the allocation time and includes all props, equipment, and a general cleaning fee. All prices and fees for studio bookings are stated in Australian Dollars (AUD) and unless otherwise stated, are inclusive of Goods and Services Tax (GST). Our prices are subject to change without notice.
1.9 Security and Data
We utilise the services of Stripe, our trusted third-party payment processor, to securely handle credit card transactions on our Site. Stripe is responsible for collecting, processing, and storing your credit card information. As a third-party, Stripe has their own terms of service and privacy policy that govern the handling and storage of your payment information. We encourage you to review Stripe’s privacy policy and terms of service to understand how they handle your payment information.
1.10 Booking Extensions
If you wish to extend your booking beyond the original end time, you must request an extension in advance. Extension requests are subject to availability, and additional fees will apply for the extended time.
2. Use of Space
2.1 Permitted Use
The studio is available for the following permitted uses:
Product photoshoots
Marketing campaigns
Product launches
VIP nights
Networking events
Meetings
Functions
2.2 Studio Rules
2.2.1 You are solely responsible for the security of the studio during your booking. This includes ensuring the studio's premises are secure at all times and taking reasonable measures to protect against unauthorised access.
2.2.2 You must not allow any unauthorised individuals to enter the studio during your booked session. Unauthorised access may result in eviction and additional consequences.
2.2.3 Access to the studio is limited to approved attendees who have been provided to the studio in advance. Only individuals whose names appear on the registration list are permitted access to the studio.
2.2.4 It is mandatory for all attendees to register their name and contact details upon arrival at the studio. This sign-in process is essential for maintaining a record of individuals present during your session.
2.2.5 During your booked session, you are granted exclusive use of the studio space and facilities as specified in your booking confirmation. This exclusive use ensures that no other clients or individuals will have access to the studio during your scheduled time.
2.3 Operating Hours
Our operating hours are as follows: 8am- 8pm. You must adhere to these hours and are responsible for vacating the premises promptly at the end of your booking.
2.4 Occupancy Limit
You must comply with the specified occupancy limit, as indicated by the studio. Exceeding this limit may result in additional charges or eviction from the studio.
2.5 Studio Equipment and Materials
You are encouraged to make use of any studio equipment, props, and materials provided by the studio, as specified in the booking agreement. Any equipment or materials must be handled with care and returned to their original condition after use.
2.6 Respect for Studio Property
You are expected to treat the studio property with respect and care. Any damage to studio facilities or equipment, beyond reasonable wear and tear, may result in additional charges to cover repair or replacement costs.
2.7 Studio Condition
You are responsible for ensuring that the studio space is left in the condition in which you found it. This includes cleaning and tidying up any areas or equipment used during the session.
2.8 Safety and Compliance
You are required to adhere to all safety guidelines and studio policies. This includes compliance with safety measures, usage guidelines, and any specific instructions provided by studio staff.
2.9 Security Cameras
A to Z Creative Studio values the safety and security of all Clients and visitors to our premises. To enhance security and safety, we have installed security cameras on our premises. Please note that security cameras are in place for the primary purpose of enhancing security and safety on our premises. They are not actively monitored in real-time.
2.10 Noise Levels
While you are encouraged to express your creativity, you are expected to be mindful of noise levels to avoid disturbing neighbouring businesses.
2.11 Storage and Personal Belongings
You are responsible for your personal belongings and equipment. The studio cannot be held liable for any loss, theft, or damage to personal property brought into the studio.
2.12 Compliance with Laws and Regulations
You are responsible for ensuring that your use of the studio complies with all applicable laws, regulations, and permits relevant to your specific activities. This includes obtaining any necessary permits for events or activities, such as liquor licenses for functions or product launch nights.
2.13 Emergency Procedures
You must familiarise yourself with and follow the studio's emergency procedures, including evacuation plans, first aid kits, and fire safety measures. In the event of an emergency, you are expected to cooperate with studio staff (if present) and follow safety protocols.
2.14 Rights of Access
The studio reserves the right to access the premises at any time, including during your booked session, to address safety concerns, conduct maintenance, or ensure adherence to these Term. The studio will make every effort to minimise disruption to your activities.
2.15 Liability and Insurance
You are responsible for your activities and the safety of all attendees during your session. The studio shall not be liable for any injuries, accidents, or damages that occur within the studio premises.
You are encouraged to obtain appropriate liability insurance to cover your activities within the studio.
2.16 Indemnification
By booking and using the studio facilities provided by A to Z Creative Studio, you agree to indemnify and hold harmless A to Z Creative Studio, its owners, employees, agents, and affiliates from any claims, damages, liabilities, expenses, or losses arising from any actions, omissions, or issues caused by your guests or attendees during your session. You acknowledge that you are responsible for the conduct and behaviour of all individuals attending the studio under your booking, and you agree to assume all liability for any damage, injury, or other issues caused by your guests. This indemnification extends to any legal costs, settlements, or other expenses incurred by A to Z Creative Studio as a result of such claims.
3. Cancellations
3.1 Rescheduling and Notice
3.1.1 You are required to provide at least 48 hours' notice before your scheduled session if you need to reschedule your booking.
3.1.2 If you provide at least 48 hours' notice to reschedule your booking, you will have your payment rolled over to cover the cost of the rescheduled session. No additional fees will be incurred for rescheduling within this notice period.
3.1.3 No refunds will be provided for Clients who fail to attend a booked session or cancel with less than 48 hours' notice.
3.1.4 The studio reserves the right to refuse reservations to Clients who repeatedly cancel their booked sessions with less than 48 hours' notice.
3.1.5 In cases where the studio and the Client are unable to agree on a suitable rescheduled booking session, the studio will retain the booking fee as a credit for a future booking. This credit will remain valid for a period of six months from the original booking date.
3.2 Studio Cancellation
3.2.1 In the rare event that the studio must cancel a session for any reason, including unavailability of space, equipment, or studio staff, the studio shall not be held responsible for any additional costs, losses, or damages incurred by the Client, including costs related to staff, contractors, equipment, or other expenses.
3.2.2 In such a situation, the studio will offer a full refund of the amount paid for the booked session. The Client will have the option to reschedule the booking or receive a full refund.
4. Access and Security
4.1 Access Information
Access to the studio will be facilitated through a key lockbox or pin pad with a provided access code. You will receive this access information after successfully completing your booking.
4.2 Access Instructions
The access information provided will include specific instructions on how to use the key lockbox or pin pad, including where it is located, how to enter the access code, and any other relevant details.
4.3 Studio Orientation
To ensure a smooth and secure studio experience, you will receive information about the studio layout, including the location of essential features such as light switches, equipment, and amenities. This orientation information will be provided upon access to the studio.
4.4 Checklist for Exit
A checklist will be provided to you, outlining the steps to be taken when leaving the studio. This checklist will cover actions such as turning off lights and equipment, securing the studio, and ensuring that the space is left in a clean and orderly condition.
4.5 Security Responsibilities
You are responsible for ensuring the security of the studio during your booking session. This includes locking the studio when it is not in use and safeguarding the provided access information.
4.6 Use of Access Information
Access information should be kept confidential and not shared with unauthorised individuals. You are responsible for the security of the access code.
4.7 Reporting Security Concerns
If you encounter any security concerns, issues with access, or the studio's security equipment, you should promptly notify studio staff or management for assistance.
4.8 Liability
You are responsible for any loss, damage, or unauthorised access resulting from your failure to secure the studio or the access information provided. Any associated costs or liabilities will be borne by you.
5. Cleaning and Damage
5.1 If, upon inspection, the studio determines that the studio has not been left in a satisfactory condition, you may be charged an additional cleaning fee of $55 per hour to cover the costs of cleaning and restoration. You will be informed of any such charges.
5.2 In the event of any damage occurring during a studio session, you are required to promptly contact the studio to report the damage. Immediate notification is essential to assess and address the damage effectively.
5.3 You are responsible for any damage to studio facilities, equipment, props, or materials that occurs during your booked session. The studio will assess the extent of the damage and determine the necessary repair or replacement. You agree to cover the costs of repair or replacement as decided by the studio.
5.4 The costs associated with repair or replacement will be communicated to you. Payment for these costs must be made promptly, as agreed upon with the studio.
6. Prohibited Activities
Clients are strictly prohibited from engaging in the following activities while using the studio facilities:
Smoking, including the use of electronic cigarettes, and the presence of open flames, such as candles, are strictly prohibited within the studio premises.
Engaging in any illegal activities within the studio, including the use of unlawful substances, theft, or any other criminal behaviour.
Sublet the studio or share your booking with other parties.
Destructive or dangerous behaviour, including vandalism, reckless handling of equipment, or any activities that pose a risk to individuals or property.
Excessive noise that disturbs the studio's neighbours.
Using studio equipment, including lighting and photography equipment, without proper authorisation or training.
Make any unauthorised alterations to the studio space, equipment, or fixtures.
Create content that is offensive, obscene, or violates community standards. Content created must adhere to appropriate and respectful guidelines.
Bring unattended children or minors into the studio.
Bring guests or individuals who are not listed on the booking without prior approval from the studio.
Clients found to be in violation of these prohibited activities may be subject to immediate eviction from the studio without a refund and may face additional legal consequences if their actions warrant such measures.
7. Events and Product Launches
For events, product launches, or any activities that involve the service of alcohol, you acknowledge and agree to the following:
You are responsible for all aspects of your event, including planning, organisation, and execution. This responsibility includes ensuring compliance with all applicable laws and regulations.
If your event involves the service of alcohol, you must obtain any necessary Temporary Event Licenses or permits as required by local authorities. This includes but is not limited to liquor licenses, which may be subject to specific regulations based on your event's size.
Depending on the nature and size of your event, you are responsible for hiring security personnel or crowd control services to ensure the safety and order of attendees. Compliance with liquor licenses often requires the presence of security personnel, and you must adhere to these requirements.
You agree to conduct your event in full compliance with all applicable laws and regulations, including but not limited to those related to alcohol service, safety, and public order.
The event must adhere to the studio's policies and guidelines, including those related to studio security, access control, and cleanliness.
You accept full liability for any damages, injuries, or incidents that may occur during the event. You are responsible for any resulting costs, including damage repair or medical expenses.
You must ensure that appropriate emergency procedures are in place for the event, including first aid measures and evacuation plans.
By agreeing to these Terms, you acknowledge your responsibility for the planning, execution, and safety of your event. You also agree to comply with all relevant laws, obtain necessary licenses, and take appropriate security measures when serving alcohol.
8. Intellectual Property and Content Ownership
8.1 All content created during your booking at A to Z Creative Studio is owned by you, the Client. This includes, but is not limited to, photographs, videos, audio recordings, and any other materials produced during your session.
8.2 You may choose to grant A to Z Creative Studio a limited, non-exclusive license to use the content for promotional and portfolio purposes. This license allows the studio to showcase the content on its social media platforms, website, marketing materials, or portfolio, with the sole intention of promoting the studio's services. This license does not grant A to Z Creative Studio the right to sell, license, or transfer the content to third parties for commercial purposes.
8.3 Granting this limited license does not diminish your ownership or rights to the content. You retain full control over how the content is used beyond the limited promotional purposes outlined in this section.
8.4 A to Z Creative Studio will respect the confidentiality of any content or projects deemed sensitive by the Client. If certain content must remain confidential, it is your responsibility to inform A to Z Creative Studio of these restrictions in advance of your session.
8.5 A to Z Creative Studio will attribute any content used for promotional or portfolio purposes to you, unless you request otherwise in writing.
8.6 By agreeing to these terms, you maintain ownership of the content created during your session while allowing A to Z Creative Studio to use it for limited promotional purposes.
9. Prohibition on Style Replication and Style Conflicts
9.1 Clients are prohibited from intentionally replicating the style, themes, or creative elements used by other brands or Clients who have previously used the studio for their campaigns or projects.
9.2 A to Z Creative Studio does not accept liability for any style conflicts that may arise between Clients who use the studio. The themes and visual elements offered by A to Z Creative Studio may be recognisable from their use by other brands, individuals, or entities. Clients must be aware that multiple brands or Clients may use similar or identical themes, and A to Z Creative Studio does not guarantee exclusive or unique themes for any Client.
9.3 Clients are encouraged to focus on their own creative ideas and interpretations when using the studio. A to Z Creative Studio aims to provide versatile spaces and themes to inspire a variety of projects, and Clients are responsible for ensuring the uniqueness and distinctiveness of their content.
10. Force Majeure
In the event that A to Z Creative Studio becomes unavailable for use due to circumstances beyond its control, including, but not limited to, acts of nature, war, strikes, civil unrest, government actions, power outages, equipment failure, or other unforeseeable and uncontrollable events, the following provisions shall apply:
A to Z Creative Studio shall promptly notify the Client of the circumstances leading to the unavailability of the studio and the expected duration of such unavailability.
The Client's booking period shall be extended for a period equal to the duration of the studio's unavailability caused by the Force Majeure event.
If the studio's unavailability continues for an extended period, either party may terminate the booking agreement with no further obligations, except as otherwise required by law.
A to Z Creative Studio shall not be liable for any costs or losses incurred by the Client due to the studio's unavailability resulting from a Force Majeure event.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, the studio shall not be liable for any direct, indirect, special, consequential, or incidental damages, or any loss of profits or revenue arising out of or in connection to the use of our studio facilities, equipment, or services.
11.2 To the maximum extent permitted by law, the studio shall not be liable for any damages, losses or injuries arising out of or in connection with your use of our Services.
11.3 The maximum liability of the studio for any and all claims, including those based in contract, negligence, or other legal theories, shall not exceed the total fees paid by the client for the specific studio session giving rise to the claim.
12. Indemnification
The Client agrees to indemnify and hold harmless A to Z Creative Studio, its owners, employees, agents, and affiliates from any claims, damages, liabilities, expenses, or losses, including reasonable legal fees, arising from any breach of the Terms outlined in this agreement, any injuries or accidents occurring within the studio premises during the Client's session, any claims, disputes, or legal actions resulting from the content or materials produced during the Client's session, including but not limited to failure to comply with applicable laws, regulations, copyright infringement, trademark violation, or disputes arising from the use of any third-party materials and any other actions, omissions, or issues caused by the Client, their guests, or anyone under their direction. The Client agrees to fully cooperate with A to Z Creative Studio in its defence against any such claims and to promptly notify A to Z Creative Studio of any claims or actions that may give rise to indemnification under this clause.
13. Term and Termination
13.1 Term
This Agreement shall commence on the date that you click “I Accept” and secure your booking and continue until the completion of the booking period specified in your reservation or as otherwise mutually agreed upon by both parties.
13.2 Termination by Client
The Client may terminate the booking Agreement by providing written notice to A to Z Creative Studio at least 48 hours prior to the scheduled booking date. If such notice is not given within the specified notice period, the Client will be subject to the studio's cancellation policy.
13.3 Termination by A to Z Creative Studio
A to Z Creative Studio reserves the right to terminate the booking Agreement at any time, with or without cause, by providing written notice to the Client. In such cases, the Client shall be entitled to a refund of fees paid for the terminated booking.
13.4 Survival of Obligations
Termination of this Agreement shall not relieve the parties of their respective obligations and responsibilities that, by their nature, should survive termination, including but not limited to confidentiality, indemnification, and any payment obligations.
14. Confidential Information
14.1 During the course of their engagement both the Studio and the Client (“Party”, “Parties”) may disclose certain confidential information to each other.' Confidential Information" refers to non-public, proprietary, and business-related information, materials, or trade secrets of either Party, including but not limited to business plans, strategies, financial data, client lists, studio designs, creative concepts, and any other information that is designated as confidential by either Party.
14.2 Both Parties agree to maintain the strict confidentiality of each other's Confidential Information and not to disclose, share, or use any such information for any purpose other than what is necessary for the agreed-upon services, bookings, or other mutual purposes.
14.3 Both Parties shall take all necessary precautions to protect the confidentiality of each other's Confidential Information, ensuring that it is not accessible to unauthorised individuals. Both Parties shall exercise at least the same degree of care in safeguarding each other's Confidential Information as they do with their own confidential information.
14.4 Exceptions to Confidentiality
The obligations of confidentiality shall not apply to information that:
Was already known to the receiving Party prior to its disclosure by the disclosing Party.
Is or becomes publicly available through no fault of the receiving Party.
Is rightfully received by the receiving Party from a third Party without a duty of confidentiality.
Is independently developed by the receiving Party without the use of the disclosing Party's Confidential Information.
The receiving party may also disclose Confidential Information when required by a valid court order or governmental authority, provided that the receiving party notifies the disclosing party of such a requirement promptly and cooperates with any efforts by the disclosing Party to protect the confidentiality of the information.
14.5 Return or Destruction of Information
Upon request or upon termination of the contract, the receiving Party shall promptly return or, if requested by the disclosing Party, securely destroy all Confidential Information and any copies, notes, or summaries thereof.
14.5 Duration of Confidentiality
The obligations of confidentiality set forth in this clause shall survive the termination of the contract and continue for a period of two (2) years from the date of disclosure of the Confidential Information.
14.6 Enforcement and Remedies
Any breach of this confidentiality clause may result in irreparable harm to the disclosing Party, and the disclosing Party shall be entitled to seek injunctive relief, as well as any other remedies available under applicable laws.
15. Dispute Resolution
15.1 Negotiation
In the event of any dispute or disagreement arising out of or in connection with this Agreement, the Parties agree to first attempt to resolve the matter amicably through good-faith negotiations. Either Party may initiate the negotiation process by providing written notice to the other party outlining the nature of the dispute.
15.2 Mediation
If the dispute cannot be resolved through negotiation within 10 business days, the parties agree to submit the dispute to mediation. The mediation shall be conducted in accordance with the rules of a recognised mediation body or the Resolution Institute. The parties shall jointly appoint a mediator, or if they fail to agree on a mediator within 10 business days, a mediator shall be appointed by the Resolution Institute. The mediation shall take place at a mutually agreed location within Sydney. The Parties shall participate in the mediation process in good faith and share the costs of the mediation equally.
15.3 Arbitration
If mediation does not result in a resolution within [10 business days] from the commencement of the mediation, or if either Party fails to participate in the mediation, the dispute shall be referred to and finally resolved by arbitration. The arbitration shall be conducted in accordance with the rules of the Resolution Institute, and the seat of arbitration shall be Sydney. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said rules. The decision of the arbitrator shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction.
16. Severability
If a provision of this Agreement is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or other provisions in this Agreement.
17. No Waiver
The failure of A to Z Creative Studio to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
18. Interpretation
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.
19. Entire Agreement
This Agreement constitutes the entire understanding and agreement between A to Z Creative Studio and the Client concerning the subject matter herein. It supersedes all prior or contemporaneous agreements, understandings, representations, and discussions, whether oral or written. The parties acknowledge that they have not relied on any representations, warranties, or statements other than those expressly set forth in this agreement. Any modifications or amendments to this agreement must be in writing and signed by both A to Z Creative Studio and the Client.
20. Governing Law
This Agreement and any disputes arising under or in connection with this Agreement, shall be governed by the laws of New South Wales (NSW) Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.