Studio Hire Agreement
By booking the studio space,' you (the "Client", “you”, “your”) are entering into a legally binding agreement (“Agreement”) with Oak Street Creative Co ABN: 55411048752 trading as Studio Central Coast (“Studio Central Coast“, "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 booking the studio space, 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 booking 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
By booking the studio space, 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 $125 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
Studio Central Coast 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:
By accepting these Terms, you authorise Studio Central Coast 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 Square, our trusted third-party payment processor, to securely handle credit card transactions on our Site. Square is responsible for collecting, processing, and storing your credit card information. As a third-party, Square has their own terms of service and privacy policy that govern the handling and storage of your payment information. We encourage you to review Square’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:
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: 9am - 5pm. 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
Studio Central Coast 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 Studio Central Coast, you agree to indemnify and hold harmless Studio Central Coast, 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 Studio Central Coast 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:
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:
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 Studio Central Coast 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 Studio Central Coast 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 Studio Central Coast 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 Studio Central Coast 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 Studio Central Coast of these restrictions in advance of your session.
8.5 Studio Central Coast 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 Studio Central Coast 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 Studio Central Coast does not accept liability for any style conflicts that may arise between Clients who use the studio. The themes and visual elements offered by Studio Central Coast 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 Studio Central Coast 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. Studio Central Coast 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 Studio Central Coast 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:
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 Studio Central Coast, 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 Studio Central Coast in its defence against any such claims and to promptly notify Studio Central Coast 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 Studio Central Coast 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 Studio Central Coast
Studio Central Coast 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:
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 Studio Central Coast 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 Studio Central Coast 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 Studio Central Coast 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.
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