A. In these Conditions Uniquecapture Ltd is referred to as the Company and the company, person or firm dealing with the Company is referred to as the Hirer.
B. The Hirer acknowledges and agrees by placing orders with The Company that:
(i) This is a business transaction into which both parties are freely entering.
(ii) There are clauses contained in these Conditions which exclude limit or modify the liability of the Company its directors servants and agents and provide a right to indemnity from the Hirer in certain circumstances.
1. The Company enters into all agreements with the Hirer solely on the terms of these Conditions and no representation or warranty collateral or otherwise shall bind the Company and no statement made by any representative by or on, behalf of the Company shall vary these conditions unless such representation warranty or statement shall be made in writing and signed by a director of the Company and shall be stated to be made specifically in pursuance of this clause 1 of these Conditions. The Company shall not be bound by any Conditions of business of the Hirer unless such conditions are expressly accepted by the Company by a statement made in writing signed by a director and stated to be made
specifically in pursuance of this clause 1 as aforesaid. Where there is any variance between the Hirer’s conditions and these Conditions, these Conditions shall prevail.
2. In so far as any exclusion limitation or modification of liability or indemnity hereinafter appears, the Company contracts on behalf of itself its directors servants and agents and the same shall inure to the benefit not only of the Company but also for its directors, servants and
3. All quotations are made by the Company without obligation.
- (a) The Company reserves the right to refuse the acceptance of any order without giving any reason for such refusal.
- (b) Orders may only be placed on the booking form and thereupon such orders become binding provided that all cancellations made by the Hirer will only be effective if given by email (email@example.com) from the person who signs the booking form followed with a phone call to the Company (0044 (0) 1908 227755) on a week day (excluding Bank Holidays) within the office hours of 9am to 5.30pm.
- (c) The Hirer is required to sign a Booking Form upon placing a reserved booking. The Booking Form outlines the Hirer’s requirements and contact details, information about the Studio and Schedules regarding the booking that have been discussed and agreed with the Company’s Management. The Booking Form forms a binding contract in addition to these Terms and Conditions.
- (d) For any special terms agreed by the Company’s Management in relation to the booking then please refer to the schedule on the Booking Form as it forms a binding contract in edition to these Terms and conditions.
5. Period of Hire
- (a) The hire charge for equipment and/or studio facilities commences from whichever is the earlier of the time that the equipment and/or studio facilities hire is made available to the Hirer and is terminated at the end of the agreed hire period and/or studio facilities hire period and/or when the equipment is returned there and/or when all cleaning and waste disposal is complete and/or when items belonging to the Hirer or relating to the Hirer’s hire have been collected from the Studio, whichever is the latter.
- (b) The hire period will be deemed to continue until such times as any damaged equipment and/or damage to the studio is repaired, any leaning of the studio is complete, any disposal of waste is complete, items belonging to the Hirer or relating to the Hirer’s hire has been collected from the Company’s studio and any equipment that is lost, stolen, or damaged beyond repair is replaced; provided that the amount of any additional hire charge payable as a direct result of theft, accidental loss or damage to equipment and/or to the studio and/or cleaning and waste disposal and/or items for collection (including clause 5g & 19b) shall not exceed 13 weeks rental.
- For the avoidance of doubt, continual hire costs to the Hirer until repaired or replaced will be; £320 plus VAT per day, camera and/or camera accessories and/or lights will be charged at the daily rate card prices for hire from VMI (www.calument.co.uk) and if cleaning and/or waste disposal is required, you will be charged by a Third Party Commercial Cleaning Company. Please see clause 5k regarding additional charges for items belonging to the Hirer and/or relating to the Hirer’s hire.
- (c) A day’s studio hire is considered 8 hours which is 9am until 5pm (which includes set up and rigging and break down and de-rig), including one hour for lunch for any Uniquecapture Studio Crew that’s hired, unless agreed in writing with the Company’s Studio Management, in advance of the hire date. If hire continues after an agreed time with the management on the day of hire, then additional charges of £30 per hour plus VAT up to midnight, or £100 per hour plus VAT up to midnight for weekend and Bank Holiday studio hire.
- (d) In the event where extra equipment and/or resources and/or consumables are required during hire then a Supplementary Charge Sheet, which outlines the item and/or resource along with costs (including Clause 5g), must be signed by the Hirer who has authority to do so. The Supplementary Charge Sheet is a binding contract between the Company and Hirer for the Hirer to settle additional expenses with immediate effect upon invoice. No extra equipment and/or resources and/or consumable will be available until the document is signed.
- The Company will not be held liable or responsible if the name and signature on the Company’s Supplementary Charge Sheet does not have authority. The contract and charges will not be waivered in the instance where someone has signed the Supplementary Charge
- Form who is not in authority. It is recommended that you notify the Company of the person in authority throughout the period of hire.
- (i) Equipment including basic lighting, but excluding consumables, is offered in the price of hire, subject toavailability (please reserve required equipment at the point of booking) and subject to clause 13.
- (j) Where equipment is delivered or collected by the Company such delivery or collection is at the Hirer’s risk and expense and the Hirer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves the Company’s premises until it is returned to the Company’s premises whether or not the equipment is being delivered or collected by the Company or is in the custody of the Company its directors servants or agents.
- (k) Items required by the Hirer for a shoot at the Studio may not be delivered to the Studio or collected from the Studio outside of the hire period without prior written permission from the Company’s Management. The Company reserves the right to charge an admin fee and storage fee on a daily basis, from £100 to £550 plus VAT, on any items relating to the Hirer’s hire. If any of the items that are left on the Company’s premises interfere with another Hirer’s hire, then the Company reserves the right to dispose of the items at the Hirer’s expense. The Company will not be held responsible or liable for any losses caused by this.
- (l) Items left at the Company’s Studio are at the risk of the Hirer. The Company will take no responsibility for any loss or damage to the Hirer’s items.
- (m) No minors are permitted in the studio at anytime unless they are Talent. Minors must be accompanied by a Parent or Guardian.
- (n) Crew and Talent may not invite Friends and/or Relatives to the studio throughout the period of hire without advance written permission by the Company. Unless written permission is granted, any unauthorised persons will be refused entry. Relatives do not exclude Boyfriends and Girlfriends.
- (o) The Company does not hire the studio for the making of hard core pornographic movies/images and therefore the Company reserves the right to cancel studio hire at any time if the Company deems the Hirer’s studio hire is for the purposes making pornography. The Company will not be liable or responsible for any loss howsoever caused to the Hirer.
- (p) No alcohol or illegal substances shall be consumed anywhere on the premises and the Company reserves the right to refuse entrance to or expel/ban anyone who the Company deems either intoxicated or misbehaving on the Company’s premises and the Company will not be liable for any loss to the Hirer caused by this.
- (q) The Hirer, Crew and Talent are responsible for their own property and equipment during the period of hire. The Company will not be held liable or responsible for any loss or damage howsoever caused as a result of loss or damage to the Hirer, its Crew and Talent’s property and equipment.
- (r) The Hirer is responsible for the cleanliness of the Studio, Kitchen and Toilets throughout the hire period.
- (s) If not pre-arranged, any member of the Company’s Crew who is requested to work by the Hirer on the day of hire, and is absent from the Company’s premises, a call out charge of £125 will apply plus the daily rate of the Crew Member as per the Company’s rate card. It is to the discretion of the required Company’s Crew Member whether he/she will attend the shoot.
- (t) Any damage to the floor (including scrapes) requires a re-paint which is chargeable to the Hirer of the cost of paint, labour and studio downtime i.e. studio hire per day at £320, labour at £175 per day & floor paint is approximately £115 per pot. For example, a full re-paint takes two days.
- (a) Except where otherwise agreed in writing all invoices are for immediate settlement without deduction.
- (b) Sums not paid when due shall without prejudice to any other rights of the Company carry an administration charge of £30 plus VAT per month. The company shall also be entitled to collect interest from the due date of payment at the rate of 2% per month or part thereof.
- (c) In the case of default by the Hirer in paying any sums due, the Company reserves the right to either withhold any equipment and or facilities which are the subject of any contract with the Hirer and/or cancel any subsequent contract with the Hirer, without prior notice.
- (d) The Company shall be entitled to determine the contract without notice in the event of the bankruptcy insolvency or liquidation of the Hirer (as the case may be) at any time during the contract.
- (e) The Company reserves the right to make a charge in respect of any costs or expenses incurred by the Company on account of the Hirer for any contracts which are subsequently cancelled.
- (f) The Company reserves the right to request a deposit or full payment in advance of studio hire and/or equipment hire.
- (g) Any footage or images leaving the studio without prior written agreement or arrangement will remainthe property of the Company along with all moral, legal & copyright rights whether it has been filmed by the Hirer or the Company until outstanding invoices are paid.
- (h) In the event of a dispute, the Company reserves the right to levy an admin charge of £75 plus VAT per document reprint. Further admin charges apply for communication at £15 plus VAT per email (send and/or receive) and £5 plus VAT per phone call (inbound and/or outbound) to cover costs of providing disputed invoices and/or any other information to the Hirer, whether they are from the Company or third party suppliers, which relate to the Hirer’s booking and/or production. This clause will trigger after thirty days of the Hirer’s invoice date.
7. The Company’s & Hirer’s Liabilities
- (a) Where in these Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend or seek to purport thereby to exclude, restrict or modify its liability for the death or personal injury to any person resulting from negligence as defined in section 1 of the Unfair Contract Terms Act 1977 and these conditions shall have effect. Accordingly, nothing in these Conditions is intended to exclude restrict or modify liability on the part of the Company for any breach of the obligations arising from section 12 of the Sale of Goods Act 1893 or section 8 of the Supply of Goods Implied Terms Act 1973 and these conditions shall have effect accordingly.
- (b) Whilst the company shall make every effort to assist the Hirer with technical know how and experience and shall provide general advice and service the Company shall not guarantee that the Hirer will achieve his intended result by the use of hired equipment and other facilities.
- (c) Whilst the Company will make every effort to not disclose any confidential information regarding the Hirer’s project, the Company, its directors, employees, servants, agents and licensees will not be held liable for any leaks from non-staff sources.
- (d) It is not guaranteed that equipment will be available during the period of studio hire. The Company can advise the Hirer of equipment that is available at the Hirer’s request, at the point of booking, and reservations can be made of available equipment, however the Company, its directors, employees, servants, agents and licensees will not be held liable for any losses howsoever caused by the unavailability of equipment.
- (e) The Company shall not be held responsible or liable for the Hirer, its directors, servants and agents, any crew member, talent and member of the public, who suffer any physical and mental harm or death due to any accident caused by or as a result of stunts being performed in the studio. It is the responsibility of the Hirer to ensure that all safety regulations are inplace.
- (f) Notwithstanding the terms of any condition contained warranties or representations, whether express or implied and whether statutory or otherwise, the Company shall not be liable in any way for loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Hirer or any third party or any delay, late delivery, defect or deficiency of or relating to any equipment, studio hire or ancillaries there to or any delay in any equipment, studio hire or ancillaries being available or any failure error or mistake by
- technicians or other staff and/or contractors of any failure error or mistake by any technicians or other staff and/or contractors of any nature provided by the Company.
- (g) The Company shall not be liable for any delay or other breach resulting from wars, strikes, lock out restrictions, non availability of goods, materials or labour or owing to any other cause whatever beyond its control.
- (h) Time is not of the essence of any contract with the Hirer and the Company shall not be liable for any delays in the supply of equipment materials and services by it, or any losses whatsoever due to any such delays howsoever caused.
- (i) The legal responsibility of hired equipment, consumables and services from the Company and/or Third Party and equipment owned by the Hirer is used at the Hirer’s, its staff and crew’s own risk. The Company will not be held liable or responsible for the Hirer, its directors, servants and agents, any crew member, talent and member of the public, who suffers any physical and/or mental harm/injury or death due to any accident caused by or as a result of user negligence and/or incompetence and/or equipment that has been interfered with by the Hirer and/or its employees and/or contractors and/or volunteers and/or unpaid volunteers.
- (j) All equipment and materials entrusted to the Hirer and all equipment and materials and services supplied by the Company to the Hirer are used entirely at the Hirer’s risk. The Company shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, even where such loss or damage shall have been caused or contributed to by the negligence of the Company except if it is proved to the satisfaction of the Company that magnetic tape and/or storage media supplied by the Company to the Hirer or entrusted to the Company by the Hirer has been damaged or lost due to the fault of the Company its directors, servants or agents, the Company undertakes to replace such magnetic tape and/or media by a similar length or storage capacity or unused tape of similar quality without additional charge. The Company shall in no circumstances be under any other liability whatsoever resulting from or in connection with such damage or loss.
- (k) The Hirer shall be required to insure its materials and its work and operations against any loss, damage or liability caused by or arising out of or in connection with equipment materials or services supplied by the Company or any contract with the Company, the Hirer shall inform insurers of these Conditions and shall ensure that its policy is endorsed to the effect that there shall be no recourse against the Company.
- (l) The Hirer shall at all times keep the Company, its directors, employees servants, agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands whatsoever which may be made or brought against the Company its employees, servants, agents or licensees by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with equipment, studio hire or services provided by the Company or for breach of copyright, deformation or slander or any other proprietary or other rights of third parties generally resulting from compliance with the Hirer’s instructions, even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of the Company its directors servants or agents.
- (m) The Hirer shall further compensate the Company for any loss which the Company may suffer as a result of not putting the studio back to its original condition and or removing any unwanted materials (see also clause 19) and or variation of any order for the supply of equipment materials or services or failure to return any hired equipment to the Company’s premises at the termination of the agreed hire period in good condition fair wear and tear expected or for any breach by the Hirer of these Conditions.
- (n) Whilst we hold our own public liability insurance, this does not cover the Hirer and/or any other third party and/or a member of the general public nor can we insure the Hirer under our insurance policy.
- (o) The Company reserves the right terminate the Hirer’s hire if the Company deems that the Hirer, its directors, servants, contractors, employees, agents and licensees is in breach of these Terms and Conditions. The Company will not be held responsible or liable for any actions, proceedings, expenses, costs, charges, claims and demands howsoever caused which may be made or brought against the Company as a result of the Hirer’s hire being cancelled.
- (p) No equipment or property brought in to the studio by the client, the client’s customer or contractors, is insured by, or the responsibility of the Company including racing cars and trophies. The Company will not be liable or responsible for any damage howsoever caused by, or as a result of, equipment or property of the client, the client’s customer and/or contractors, brought in to the studio and/or whilst working or stationary in the studio.
8. The Hirer’s Insurance
Without specific written agreement to the contrary prior to the commencement of the hire period, the Hirer shall affect its own insurance on the equipment and have enough Public Liability Insurance to cover everyone involved in the hire. The Hirer shall also affect its own insurance on any product over the value of £1000 brought to and into the Company’s premises by the Hirer and the Hirer’s Client. The Hirer shall ensure that the Company’s interest is noted by insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. The Hirer’s policy shall be in terms no less favourable than those provided by the Company and in any event shall provide cover for all loss or damage whatsoever to the equipment and studio and/or facilities including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed in clause 5b above. Particulars of replacement values, repair costs and daily rates for continuing hire will be supplied by the company on request as appropriate.
9. Failure to return goods/Damaged goods/Damage to Studio/Studio left in an unacceptable condition
- (a) The Hirer shall pay to the Company, upon invoice for immediate payment, the full replacement value of hired equipment not returned or the full cost of repairing any damage to the equipment and/or studio and/or any cleaning cost and/or waste disposal cost together with any additional hire charge calculated in accordance with Clause 5 of these Conditions due to loss, damage and not leaving the studio in an appropriate state.
10. Late Returns
Equipment returned late will be charged at the single agreed daily rate for each 24 hours or part thereof, irrespective of any reduction or discount that may have been negotiated on the original booking.
Unless agreed with the Company’s Management in writing on the booking form, the booking will be confirmed either, for one day’s hire, within seven days of the booking, or for two or more days, within fourteen days of the booking. The deposit is then non-refundable within the confirmed booking time period. Unless agreed with the Company’s Management in writing on the booking form, the balance of the full payment must reach the Company’s bank account two working days before the booking commences. The Hirer shall provide the Company with a signed booking form, their insurance policy, full risk assessments and, if applicable, necessary qualifications and/or certifications in a timely manner upon reserving a booking. Should the Company not receive a signed booking form, satisfactory insurance policy, satisfactory full risk assessments, and, if applicable, satisfactory qualifications and/or from the Hirer, before one working day of the booking’s commencement, then the Company reserves the right to cancel the booking and the Hirer agrees to forgo the return of the full payment of the booking. The Hirer agrees that it is to the discretion of the Company who deems the Hirer’s required documents are satisfactory and will keep the Company fully indemnified against all losses, actions, proceedings, expenses, costs, charges, claims and demands howsoever caused which may be made or brought against the Company as result of the Hirer’s hire being cancelled by the Company. Unless there are additional terms regarding cancellation that apply to the Hirer’s long term hire which are outlined in the booking form, should the Hirer cancel the booking between the reservation of the booking and the booking confirmation period then the Hirer will be refunded 75% of the total amount of the deposit. If the Hirer cancels the booking within the booking confirmation period and two working days before the booking commences then the Hirer agrees to forgo the return of the full amount of the deposit. If the Hirer cancels the booking
within one working day and the start of the period of hire then the Hirer agrees to forgo the return of the full payment of hire.
All cancellations by the Hirer shall be in writing by email to firstname.lastname@example.org from theperson who signs the booking form followed with a phone call to the Company on 0044 (0)1908 227755 on a week day (excluding Bank Holidays) within the office hours of 9am to 5.00pm.
12. Use of Equipment
Without the previous consent of the Company hired equipment must not be used on any abnormal or hazardous assignment nor taken out of the Company’s Studio without explicit written permission. Where permission is granted to take equipment out of the Company’s Studio, it must not taken out of the United Kingdom or taken from the ground other than on a regular scheduled flight by an airline recognised by IATA . Hirers must keep hired equipment in their custody, regardless of whether is it being used in our outside of the Company’s Studio, and must ensure that it is used in a skilful manner by persons having the appropriate qualifications and experience and who are familiar with the type of equipment. The Company reserves the right to withdraw any equipment at any time if deemed by the Company to be using the equipment incorrectly or misusing the equipment. The Company will not be held liable for any for any loss or damage of whatever kind howsoever caused arising out of or in connection with the withdrawal of equipment by the Company. Hirers must protect hired equipment from the elements and take all reasonable precautions for its safety. Under no circumstances may Hirers alter, add to, modify adapt or misuse equipment hired to them by the Company or affix to install thereon or insert therein any accessory equipment or device incompatible with its proper use.
13. Condition of Goods
- (a) All equipment and materials supplied by the Company shall be examined and checked and subjected to appropriate tests by the Hirer before being taken into use and if found to be defective or deficient will, if possible, be replaced or defects and deficiencies remedied by the Company by utilising other Company equipment, without additional charge and without hiring in other equipment at the cost of the Company, but in no circumstances shall the Company be liable for transportation charges or for any loss or damage of whatever kind howsoever caused arising out of or in connection with the use or the inability to use equipment and materials supplied or agreed to be supplied.
- (b) The Company shall at its own expense at all times during the hire period make any repair or supply such replacement of equipment as may be necessitated by ordinary wear and tear provided that the Hirer returns any equipment needing attention to the Company’s premises, carriage insurance and handling charges including charges for the return journey of repaired or replacement equipment to be paid by the Hirer. The Company will suspend the payment of hire charge during the period in which the equipment is out of service or until it is replaced as the case may be, but the Company shall in no circumstances be liable to the Hirer for any loss or damage or expense incurred or sustained in connection with or resulting from the return or repair or replacement of such equipment or consequential losses.
- (a) All equipment on hire shall at all times remain the absolute property of the Company and no proprietary or other interest in the said equipment shall vest in or pass to the Hirer who shall for all purposes be deemed the Bailee of the said equipment.
- (b) Hirers must not sell loan assign pledge encumber part with possession or suffer any lien to be created over hired equipment and the Company may terminate any hiring forthwith and without notice in the event of a Hirer making any attempt to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardises the Company’s rights in the equipment or becoming the subject of any bankruptcy or liquidation proceedings or becoming insolvent or allowing any judgment or well founded claim to remain unsatisfied or failing to pay any hire charge or other sum due to the Company or failing to comply with these Conditions.
- (c) The Hirer agrees that a representative of the Company may enter upon any premises upon which hired equipment may be kept or reasonably believed to be kept for the purpose of its recovery at the termination of any hiring period, and where such equipment is on premises not occupied or under the control of the Hirer, the Hirer undertakes to secure for the Company permission to enter for such purposes and the Hirer shall compensate the Company for any costs incurred in repossessing hired equipment.
15. Hirer’s Property
- (a) The Company shall have a general lien upon all materials now or at any time in its possession belonging to the Hirer for any sum for the time being due to the Company.
- (b) The Hirer must seek explicit permission from the Company for delivery of goods, ahead of the Hirer’s hire period into the studio.
- (c) The Company takes no responsibility for the loss/damage/theft of any delivered goods belonging to the Hirer ahead of or during the Hirer’s hire period.
No acceptance of the return or repossession of the equipment nor the granting of any indulgence by the Company shall constitute a wavier by the Company of any of its rights under these Conditions.
17. Health & Safety
- (a) The Hirer is held responsible and liable for all processes and actions relating to their hire either on the Company’s premises or off the Company’s premises with equipment that has been authorised by the Company’s Management to be used outside of the Company’s premises. The Hirer shall provide the Company with their Health & Safety policy in advance of the booking and ensure co-operation, co-ordination and communication, make arrangements for the consultation and involvement of employees, crew, talent and any third party hired by the Hirer or hired by the Company on behalf of the Hirer, in health and safety matters and ensure that risk assessments are carried out. The Hirer shall at all times keep the Company, its directors, employees servants, agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands whatsoever which may be made or brought against the Company its employees, servants, agents or licensees by anyone in respect of any alleged injury, loss, damage or expense arising out of or in connection with equipment and/or services provided by the Company or for breach of Health and Safety regulations.
- (b) For the purpose of everyone’s health and safety throughout the period of hire, waste that is accumulated which includes food waste and general waste, is the responsibility of the Hirer and should be contained, managed and disposed of responsibly and on a daily basis. Waste cannot be left outside the building and must be contained responsibly i.e. rubbish bags cannot be left outside the building to be exposed to vermin. The Hirer shall at all times keep the Company, its directors, employees servants, agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands howsoever caused which may be made or brought against the Company its employees, servants, agents or licensees by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with waste not being disposed of in a responsible manner and inline with English law. If waste management and disposal is not carried out by the Hirer then the Company reserves the right to make a supplementary charge to the Hirer, for immediate payment, for the full cost of waste disposal from in and outside of the Company’s premises.
18. Any advice, instruction, guidance, representation or statement in connection with or in relation to the nature and use and application of any equipment materials or services supplied by the Company given or made by any director or any servant or agent of the Company or by any technician whose services are supplied to the Hirer is given or made only on the condition that the Company shall in no circumstances be liable therefore or for loss or damage of any kind resulting there from howsoever caused. No recommendation or nomination by the Company of any person whose services the Hirer engages shall in any circumstances render the Company its director’s servants or agents liable for any loss or damage of any kind resulting there from or connected therewith however caused.
19. The Hirer and its directors, employees, servants, agents and licensees must adhere to any instruction given by the Company whilst working in the Company’s Studio and handling the Company’s equipment.
20. The Company reserves the right to update or amend these Terms and Conditions at any time without prior notice. The Hirer’s use of the Company’s facilities following any such change constitutes your agreement to follow and be bound by these Terms and Conditions as changed. For this reason, The Company encourages the Hirer to read these Terms and Conditions whenever the Hirer makes a booking with the Company.
21. These Conditions shall be governed by and interpreted according to English Law.
Uniquecapture Ltd. Registered In England
18 Heathfield, Stacey Bushes, Milton Keynes, MK5 6LX