TERMS & CONDITIONS
In these conditions the following expressions have the following meanings:
“The Forge” The Forge Photographic Services Ltd
“The Customer” any person or firm or company dealing with The Forge or any servant or employee of such a person firm or company.
“Services” shall include all studio facilities and the services of assistants, technicians, operators and other personnel of The Forge or of any sub-contractor of the Company.
“Equipment” all studio fixtures, props and other equipment provided by The Forge or by its nominated sub-contractors.
“Studios” the premises of The Forge for the time being where the services and equipment are provided.
1. Under no circumstances will The Forge entertain any claims arising out of any failure of the Customer to effect its own insurance cover. The Customer must ensure that their Public Liability insurance is operative for all persons in the studio during the hours of use to cover any accident, injury or death.
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 The Forge.
3. Full details of the The Forge services and charge rates are set out in the The Forge Hire Rate Card, which may be varied by The Forge without notice.
4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of The Forge resulting from negligence or otherwise unless permitted by Statute.
5. The Customer is responsible for any breakages, loss or damage occasioned to the Equipment or the Studio caused by or arising from the Customer use thereof or by any servant agent employee or sub-contractor of the Customer.
6. Any discounts offered on The Forge hires are exclusive. They cannot be combined. Except for company wide or pre-agreed discounts, the higher discount will always be applied. In the case of special offers these must be requested at time of booking, and will not automatically be applied.
7. Noise levels should be kept to an acceptable level at all times. Our studios unfortunately have neighbours.
1. The Studio is available for daily use between 0800hrs and 1900hrs. Use outside these hours is not permitted unless previously agreed in writing by The Forge.
2. The Studio may be provisionally booked by email and the booking should be confirmed within 48 hours.
3. If the Customer wishes to postpone a confirmed booking this must be done at least 72 hours before the hire period starts or 50% of the full studio booking rate will apply.
5. Bookings may only be extended with the prior consent of The Forge, and published ‘overtime’ rates will be applicable to hires that run over the booked time. Customers must ensure that set up and take down time takes place within the hours booked.
6. The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by The Forge or by any statutory body or Local Authority.
7. 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 The Forge.
8. Any materials used in connection with sets constructed by the Customer as well as any rubbish shall be removed from the Studio at the end of the hire period at the expense of the Customer otherwise additional charges will apply.
9. No alterations, decorations or additions to the Studio are permitted without the consent of The Forge. 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. The Customer shall pay any costs incurred by The Forge arising out of any breach of this Condition.
10. The Studio is strictly no smoking, which includes the use of fire, haze and smoke machines. If smoke alarms are set off a fine of £250 will be imposed.
Hire of Services and Equipment
1. All equipment and services are supplied by The Forge entirely at the risk of the Customer. The Forge 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.
2. The Customer must notify The Forge at the time of supply if the condition of any Equipment is not acceptable.
3. In no circumstances shall The Forge be liable for any loss or damage, including consequential loss, however caused arising out of the use or the inability to use the Equipment supplied or agreed to be supplied
4. The Customer may not without the written consent of The Forge:
a. Remove the equipment from the Studio premises; or
b. modify or alter or tamper with the Equipment in any way; nor
c. use the Equipment in a manner not recommended by the Manufacturer; nor
d. allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor
e. part with possession sell pledge encumber or suffer any lien to be created on the Equipment.
5. Where at the request of the Customer The Forge supplies to the Customer the services of assistants, sub- contractors, freelancers or other persons such persons shall be deemed to be the servant of the Customer and the said services shall be deemed to be rendered by the Customer and The Forge shall not be liable for loss or damage of any kind however caused.
6. The Forge 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 The Forge or any other person whose services are supplied to the Customer.
7. The hire period for services or Equipment cannot be extended otherwise than with the consent of The Forge.
8. 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 The Forge 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.
9. Equipment and services may be provisionally booked by email and the booking should be confirmed within 24 hours.
10. Bookings may only be extended with the prior consent of The Forge, overtime rate of £50 p/h will be applicable to hires that run over the booked time.
Payment and Additional Charges
1. Unless otherwise agreed in writing all transactions will be settled in agreement with The Forge payment terms set out in our terms and conditions before the commencement of the hire period. Accounts must be settled within 14 days of the date of invoice. Prices may be varied without notice to the Customer.
2. Any due amount unpaid shall be liable to interest at 8% above the Bank of England base rate.
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 The Forge or the agreed hire period ends whichever is later, The Forge will charge for additional hire hours at the published hourly rates. The Forge reserves the right to make an additional hourly labour charge to cover any costs incurred by The Forge as the result of failure to comply with these Terms & Conditions.
4. Any additional Equipment, services, staff or modifications to the Confirmation of Booking will be billed to and paid for by the Customer.
5. At the end of the hire period the Customer may be charged at the discretion of The Forge an additional rental where the Studio or any item of Equipment is delivered to or returned to The Forge in a bad or damaged condition so as to preclude use or hire of the said Studio or Equipment.
6. Where The Forge is required to place a security deposit with any third party for the hire of any item of equipment such deposit shall be paid to The Forge by the Customer when the booking is made.
7. The Forge shall have a general lien on any film, media or other equipment digital or otherwise or property in the possession of The Forge or in the Studio premises for the payment of any monies due to The Forge from the Customer.
Exclusions of Liability
The Forge 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:
1. any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
2. any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by The Forge.
3. 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 unless such death or injury is directly attributable to the negligence of The Forge or the servants or agents of The Forge.
4. for any fines and/or legal costs incurred by The Forge or the Customer for any activity connected with the hire of the Studio or Equipment.
5. any failure on the part of The Forge to comply with its obligations to the Customer due to any circumstances beyond the control of The Forge.
The Customer shall at all times keep The Forge indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against The Forge or the servants or agents of The Forge 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 The Forge even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of The Forge its directors servants or agents save in respect of any death or personal injury caused by the negligence of The Forge as aforesaid.
The Forge may summarily terminate any hire contract with the Customer upon the happening of any of the following events:
1. if the Customer shall fail to pay any of the monies due to The Forge or dishonour any cheque paid to it; or
2. 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;
3. 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 The Forge against the Customer prior to the date of termination.
These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island.
These Terms and Conditions shall not be varied except by agreement in writing.