I. Definitions
In these conditions the following expressions have the following meanings: “ELS” East London Studios, (ABA Film Services Ltd). “the Customer” any person or firm or company dealing with ELS or any servant or employee of such a person firm or company. “Services” shall include all studio space or stage location facilities and the services of staff and assistants and other personnel of ELS or of any sub-contractor of the Company. “Equipment” shall include all fixtures and vehicles, lighting, camera gear and other materials provided by ELS or by its nominated sub-contractors. “Studio” the premises of ELS for the time being where the services and equipment are provided.
II. General
1.The Customer must effect its own insurance cover against consequential loss of profit and other Risks and must effect its own cover against loss damage or theft of its own equipment brought onto the premises, equipment hired in by themselves and equipment owned by ELS or hired in by ELS from sub-contractors. All equipment must be covered by the insurance of the Customer for the entire period that it is at the premises of ELS, i.e. from the time it is delivered to the studio until it is collected by, or delivered to, the sub-contractor or Customer. Under no circumstances will ELS entertain any claims arising out of any failure of the Customer to effect its own
insurance cover.
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 ELS.
3. Full details of the ELS services are set out in the ELS website, which may be varied by ELS without notice.
4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of ELS resulting from negligence or otherwise unless permitted by Statute.
5. The customer must send to ELS, by mail, fax or e-mail, a copy of their production insurance certificate prior to the commencement of the booking.
III. Studio Hire
1. Any confirmed bookings cancelled less than 5 working days prior to the commencement will be billed at the full rate plus any costs incurred by ELS by way of expenses. The Customer will receive credit against such cancellation charges if the Studio is re-booked to another customer.
2. Bookings may only be extended with the prior consent of ELS.
3.The Customer must observe all regulations governing the use of the studio and of any Equipment and services whether imposed by ELS or by any statutory body or Local Authority.
4. 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 ELS.
5. The Customer is responsible for any loss or damage occasioned to the Equipment, (whether owned by ELS, hired in by ELS from sub-contractors, or hired in by the Customer) or the Studio caused by or arising from the Customer use thereof or by any
servant agent employee or subcontractor of the Customer.
6. 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.
7. No alterations decorations or additions to the Studio are permitted without the consent of ELS 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 ELS
arising out of any breach of this Condition shall be paid by the Customer.
8. The Studio is supplied clean with a white painted cove in one corner of the studio. If applicable at the start of the hire period and all the costs of painting repairing and maintaining this state are payable by the Customer. ELS must be notified by the Customer at the start of the hire period if any aspect of the condition or decoration of the Studio or the cove is unacceptable. If no such notification is given the Studio and cove and decoration will be determined to be of an acceptable standard for use by the
Customer. Special painting requirements should be notified to the studio manager at least 48 hours in advance and the proposed requirement will be price quoted.
IV. Hire of Services and Equipment
1. All Equipment and services are supplied by ELS entirely at the risk of the Customer. ELS 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. All Equipment supplied to the Customer is in good condition. The Customer must notify ELS at the time of supply if the condition of the Equipment is not acceptable.
3. In no circumstances shall ELS 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. The Customer may not without the written consent of ELS: (i) Remove the equipment from the Studio premises; or (ii) modify or alter or tamper with the Equipment in any way; nor (iii) use the Equipment in a manner not recommended by the Manufacturer; nor (iv) allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor (v) part with possession sell pledge encumber or suffer any lien to be created on the Equipment.
5. Where at the request of the Customer ELS supplies to the Customer the services of a driver, assistant, sub-contractor, free-lance or other person such person shall be deemed to be the servant of the Customer and the said services shall be deemed to be
rendered by the Customer and ELS shall not be liable for loss or damage of any kind however caused.
6. ELS 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 ELS 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 ELS. 66 Norlington Road, Leyton, London E10 6LA:
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 ELS 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. Bookings and cancellations must be made in accordance with the Conditions 2 and 3 of Paragraph II above.
V. Payment and Additional Charges
1. Unless otherwise agreed, 100% of the studio hire charges will be settled in cash or via BACS before the commencement of the hire period. The Customer must settle accounts within 30 days of any additional costs that are larger than the deposit. Prices
may be varied without notice to the Customer.
2. Overdue accounts will accrue interest at 2% per month or part thereof.
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 Equipment is surrendered or returned to ELS. ELS reserves the right to make an additional hourly labour charge to cover any costs incurred by ELS pursuant to condition 9 paragraph III above.
4. Any additional Equipment, services, staff or modifications to the Confirmation of Booking shall 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 ELS an additional rental where the Studio or any item of Equipment is delivered to or returned to ELS in a bad or damaged condition so as to preclude use or hire of the said
Studio or Equipment.
6. All Customers will pay a £500 deposit which is refundable within 3 working days. Electric and consumables will be deducted from the Customers deposit. Once studio and equipment are inspected without any damages, only then will the customer
receive the refund.
VI. Exclusions of Liability
Subject as herein before mentioned ELS 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 ELS.
(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 unless such death or injury is directly attributable to the negligence of ELS or the servants or agents of
ELS.
(d) for any fines and/legal costs incurred by ELS or the Customer for any activity connected with the hire of the Studio or Equipment.
(e) any failure on the part of ELS to comply with its obligations to the Customer due to any circumstances beyond the control of ELS.
VII. Indemnity
The Customer shall at all times keep ELS indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against ELS or the servants or agents of ELS 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 ELS even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract
of ELS its directors servants or agents save in respect of any death or personal injury caused by the negligence of ELS as aforesaid.
VIII. Termination
ELS 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 ELS 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 ELS against the Customer prior to the date of termination.
IX. Applicable Law
These Conditions shall be read and construed in accordance with the Laws of England.