Shoot Location Terms + Conditions
Definitions:
The Owner means Philippa May, Guy Mercer or representative, partners or agent appointed on their behalf.
The Location Venue means The Garage, 26 Morford Street, Bath BA1 2RT including the studios, outbuildings and any other locations and partners location and Services supplied by the owner for the purposes of filming or hiring.
The Company means the production company, Institution, Organisation, business or Individual on whose behalf this legally binding Contract is made including their crew, staff, clients, attendees, guests, models, suppliers third party agents and representatives.
The Agreement means the contract and deal terms between The Owner and the Company.
The Event means the filming, photography, function, conference or occasion, the date of which has been agreed by the parties for The Owner to provide the location and/or Services.
The Booking Period means the day and period of time to hire The Location Venue as agreed between The Owner and the Company within the invoice.
Equipment means theatrical props, appliances, equipment, electricals, furniture, soft furnishings belonging to the Owner, partners or third- parties.
Deposit, Booking Confirmation and Payment Terms
The Owner reserves the right to require a deposit or the fee payment (whichever is agreed by the parties) at the time of the booking to secure the date and confirm the booking (the “deposit”). The Deposit is non – refundable and the balance amount will be payable as specified in the invoice
A booking will not be considered confirmed, and no contract exists until The Owner receives the cleared full fee payment or the agreed Deposit and a confirmation email has been sent by the Owner.
Bookings times start as per confirmed time in the invoice or email confirmation.
Quotations are valid for a period of 7 days and the Owner reserves the right not to honour any quotation after the expiry of 7 days.
Bookings for the hire of the Location Venue will be accepted only if the nature of the function is considered appropriate by Owner and reserves the right to refuse a booking or withdraw a booking at any time if (in the opinion of the Owner) it is found to be in appropriate or the Company has misrepresented the purpose of the Booking.
Payment Terms
The Company must make a full balance payment (including any agreed security deposit) on or before 30 working days before booking start time (unless otherwise agreed by the Owner) and failure to do so will result in termination of scheduled shoot or hire without refund or notice.
Time for payment of the amounts due is of the essence and The Owner reserves the right to cancel the booking and any provision of services if the amounts due have not been paid by the due dates.
Booking Changes and Cancellations
The Company can change the booking day and times if it can be transferred to another day and subject to the discretion of the Owner, subject to a RE-BOOKING FEE:
14 days or more notice: NO RE-BOOKING FEE
Less than 14 days’ notice: 25% of total booking fee.
The Company can cancel the booking subject to CANCELLATION FEES subject to the discretion of the Owner which depend on notice time provided from the start time of the Booking:
Less than 28 days’ notice: 10 % of total booking fee.
Less than 14 days’ notice: 25% of total booking fee.
Less than 5 day’s notice: 50% of total booking fee.
If the Company changes or cancels the Booking and fees are payable, the fee payment will be invoiced by the Owner in accordance with the terms of clause 4 below.
The Owner reserve the right to alter the rooms of the Location Venue without notice.
The Owner reserves the right to cancel the Booking and any provision of services if the Deposit or the amounts due have not been paid by the due dates
Payment on Invoice
If the Owner invoices the Company for any fees or balances of the booking due the payment is due within 30 days of the invoice date.
Late payment may result in the Company being charged an administration fee of £25.00 plus 4% of the invoiced amount for each day that the payment is overdue.
The Owner reserves the right to charge interest on overdue accounts above 30 days at a rate of 4% per annum above the base rate of Bank of England for the time being.
All queries relating to amounts invoiced must be notified in writing to the Owner within 7 days of the date of the invoice.
If the Company fails to make payment of any charges on the due date then, without prejudice to any other rights or remedy available to The Owner, The Owner shall without liability to the Company, be entitled to cancel the provision of the booking Services and charge the Company for any charges outstanding and the cost of recovery thereof.
Set Up and Take down time
The Company must include set up, take down and clean up time within the hours booked, to avoid charges.
The Company must vacate the Location Venue at the end time shown on the invoice.
If without The Owners pre-written agreement, the Company stay at the Location Venue after the booked departure time, it will be at the Owners discretion to charge the Company an additional fee of £50 per hour or part thereof from the deposit or will be invoiced.
Cleaning & Removal
At the end of the Booking the Company shall ensure that all the rooms used are clean, un-damaged and free from rubbish and that the Location Venue must be left in the state that it was found to avoid additional cleaning charges at the discretion of The Owner.
For events and large shoots with 20+ people, there is a standard cleaning charge of £100 (rate to be agreed prior to booking. The cleaning charge is based on leaving the space in a reasonable state and any additional cleaning charges are taken out of security deposit payments.
Any furniture, equipment or anything which the Company has brought into the venue for the purposes of or in connection with the Event belonging to the Company must be removed at the end of the Booking. Storage is not available at The Venue and any items left by the Company, will be disposed of and the Company may be charged a disposal fee.
The Owner reserves the right to charge £50 (+VAT) per day for storage for items left within the building.
The Owner reserves the right to dispose accordingly of any items left over after 7 days and charge £300 (+VAT) for the disposal.
Number of Crew and Attendees.
The Company must abide by booking requirements agreed in advance for total number of crew and attendees. As rates are dependent on total number attendees, an increase may incur relevant additional charges.
There is a Maximum number of crew and attendees which depend on the room being booked and this is to be advised prior to bookings. The specified maximum must not be exceeded for security and safety reasons and the Owner reserves the right to refuse entry or terminate a booking if the Location venue is at capacity.
Security Deposit
The Owner reserves the right to request a Holding/Security Deposit of Maximum £500 (rate to be agreed prior to booking and is depending on size and nature of the booking). The security deposit will be returned at the end of the booking (minus any deductions due to damage, additional cleaning fee, additional numbers or overtime).
Security deposits are held as security against breach of terms and the full amount will be lost if any stated terms are breached by the Company.
Health and Safety
The Company is required to comply with all current health & safety regulations of the Location venue in particular any specific regulations pursuant to the venue as are brought to the Company’s attention by the Owner including fire evacuation procedures.
The Company is required to know the names of the people that are in attendance and provide a role call and attendance list to the Owner if requested.
The Company may not sub-let or assign or further offer to third parties any parts of the Location Venue and is responsible for ensuring that the activities carried-out are lawful with the right certifications (if needed).
In events where physical activity and where food is provided by the Owners agents/partners it is the responsibility of the Company to obtain details of physical, mental, health conditions and dietary allergies.
Whilst all measures are taken to ensure a high standard of health and safety The Location Venue is shall not be responsible for any injuries caused within or outside the premises.
Minors
The Company must ensure that all minors under the age of 16 are always accompanied by a chaperone. Minors must have parent’s or guardian’s permission to be on the premises, and/or to be photographed or filmed as relevant.
Breakages, Losses and Damages
The Company is responsible for any breakages, losses or damages caused to the premises or Equipment by the Company, or any other person(s) during the Booking time.
All Equipment used is at the risk of the Company and the Owner shall not be liable to the Company for any loss, damage, expense, or for any consequential loss (including loss of profit) arising out of or in connection with; any damage to or loss of property by the Company or third party; any breakdown, stoppage or failure of the facilities/equipment provided by the Owner
Alterations or additions to the Venue premises or Equipment is not permitted (without prior written consent of the Owner) and must be reinstated to the state that it was found at the end of the Booking period.
The Company must check any Equipment provided by the Owner and must notify The Owner at the time of supply if equipment is damaged or if the condition of the equipment is not acceptable. The Company is responsible for any breakages or damage if the Owner was not notified at the time of supply.
Any repairs required as a result of damage to the premises and/or equipment caused by the Company will be payable by the Company.
The Company is duty-bound to not endanger building, occupants, deteriorate the premises and its contents. Any damage caused by the users to the fabric or furniture of the building, and any breakages, must be paid-for in full.
If any damages are accrued during the event the Company is obligated to inform the Owner of any such damage as soon as practicable and not later than by the end of the Booking Period. The cost/compensation of such damage shall be certified by the Owner whose decision shall be final.
Personal Possessions
The Owner accepts no responsibility for the personal security of the Company, or for any loss or damage to the Company’s personal property either within the building or the grounds.
It is the Company’s responsibility to ensure that their crew, staff, guests, suppliers and agents’ possession are kept safe at all times.
Insurance
The Company must have a valid insurance policy that covers liability of £1m minimum for death or personal injury which specifies the Owner and the Location Venue on the schedule and the Company will provide to the owner a copy of the insurance schedule and policy when requested.
Company Indemnity
The Company shall indemnify the Owner in accordance with the terms and conditions of the Company’s insurance cover for the Film, Photography or Event against any loss or damage to the Location and personal injury or death to any person resulting solely and directly from a negligent act or omission by the Company and/or its agents or employees in connection with the Company’s use of the Location under this Agreement.
All claims for damage and/or injury shall be presented by the Owner in writing to the Company within fourteen (14 ) days of the completion of the work carried out at the Location by the Company in connection with the Film, Photography or Event.
Force Majeure
If because of an “event of force majeure” being the interruption of or material interference with the Company’s use of the Location on the dates specified in the Agreement by any event beyond the reasonable control of the Company or the Owner, then the Company shall have the right to use the Location at a later date to be mutually agreed in good faith and/or to extend the period specified in the Agreement , and any such use shall be included in the Fee paid.
For the avoidance of doubt any strike, power cut, storms, water suspension, flooding or the death, disability, disfigurement of key personnel rendering services on the Film shall be deemed to be beyond the Company’s reasonable control.
Termination
The Owner may terminate the Agreement with immediate effect if the Company fails to abide or is found to be in breach of any of the terms and conditions.
The Owner reserves the right to terminate the Event at any time if in the opinion of The Owner, the Company misrepresented the use or purpose of the Event.
Noise and Nuisance
Noise levels inside and outside the Location Venue shall be kept at reasonable levels at all times during the Booking (the levels assessed at the discretion of the Owner whose decision is final).
The noise levels must be minimised to a low and reasonable level after 11pm in order as not to disrupt or cause inconvenience to nearby tenants and neighbours.
The Company must ensure that the crew, attendees and guests do not disrupt or cause inconvenience to nearby neighbours during the Event as well as when arriving and leaving.
The Owner reserves the right to turn down or cancel the Event, if, in the opinion of the Owner the Event is too loud and/or causing disturbance to neighbours
The Company will ensure that the Event will not be conducted and that its guests will not behave in a way which will or may constitute a breach of the law or cause a nuisance.
The Owner reserves the right to exclude or eject any persons from the Event, whom it reasonably considers to be objectionable (including any person engaged by the Company and the Company will be liable for any liability arising thereby and shall indemnify The Owner accordingly.
Littering and Waste Disposal.
The Company must not litter and drop waste on the inside or outside of the Location Venue and must put all litter in bins located inside of the premises. If the bins are full The Company must not leave refuse outside and are responsible for ensuring outside spaces are kept clean and litter free.
The Company is responsible to take-away any waste bags created by their event and shall not endanger access or egress to the building by placing overflowing waste bags outside the bins, in neighbours’ bins or in the vicinity of the area. Failure to do so will result in the Company being charged a disposal fee of £200.
Parking
Parking is available with one Central Parking Permit included within your fee. This digital permit allows you to park anywhere within the central parking (C) zone of Bath. The Owner is not liable for your parking and it is the duty of the car owner to ensure that their parking is in the correct zone and legally parked. The Owner will not be held liable for any parking tickets that result in incorrect parking.
Where a central parking permit is required the Company shall give the car registration number to the Owner and the Company is responsible for ensuring that this is correct without spelling mistakes and that the permit confirmation has been received before parking on the day. The permit will be for the hours booked and no more or no less.
Complaints.
Any problems or complaints must be brought to the Owners attention immediately on the day of the Booking to give the owner the opportunity to rectify the issue. Any complaints must be sent in writing to 90 Lower Oldfield Park, BA2 3HS or by email info@maydstudio.com within seven (7) days of the Event. The complaints will be investigated and the Owner has fourteen (14) days to respond to the written complaint.
Prohibitions
Smoking is prohibited inside the Location Venue but smoking is permitted outside, all cigarette butts are to be taken away and not left on the ground outside of the venue.
Alcohol is permitted but it is the Company’s responsibility to check that all persons consuming the alcohol are of legal age. The Owner accepts not responsibility for any misuse or liability resulting from the consumption of alcohol on the premises.
No animals are permitted inside the Venue with the expectation of guide dogs without prior consent.
Variations
These Terms and Conditions are valid at time of booking and are subject to variation. The Company will be notified of any variations prior to booking.
Privacy policy
The Company’s privacy and safety is taken seriously by the Owner and all data and personal information that is provide to the Owner will be used only for the services that the Company requested. It will not be shared, sold or rented out to 3rd parties and will be treated in compliance with privacy laws and regulations.
Applicable Law
The laws of the United Kingdom shall govern all agreements.
Miscellaneous
The Company gives no guarantee that the production of any Film or Photography will proceed to completion and the Company is not obliged to include the Location in the Film or Photography.
The Owner irrevocably releases the Company from all liability of whatsoever nature arising as a result of the portrayal of the Location in the Film or Photography, including any claims in respect of defamation or invasion of privacy or otherwise.
In the event of any breach of the Agreement by the Company, the Owner’s remedy shall be an action at law for damages, if any actually suffered, and the Owner shall not have the right to rescind this Agreement or terminate the rights granted in this Agreement or to enjoin or injunct the Film or Photography or the exploitation of the Film or Photography or any allied and ancillary rights in the Film or Photography.
Last updated – 6th October 2022