Terms and Conditions
The following sets out the terms and conditions (“Terms”) of the GREEN FERN STUDIOS PTY LTD [ABN 80 665 003 645] studio (“the Studio”). These Terms, together with any other terms and conditions specified and/or any other documents incorporated by these Terms, form part of the contract between You and Green Fern Studios Pty Ltd when you hire the Studio.
Definition
1. In these Terms the following definitions apply:
“Business Day” means Monday – Friday excluding public holidays
“Equipment” means the equipment specified in the Hire Contract
“Identification Schedule” means the schedule (as updated from time to time) setting out the forms of identification and information that may be required for Us to carry out background and/or identity checks prior to hiring You the Studio
“House Rules” means Our House Rules for the Studio that we advise from time to time
“Hire Period” means from the time You (or an Authorised Person) occupies the Studio (as applicable) until the end of the period specified
“Personnel” means the officers, employees, agents or contractors of a party
“Premises” means the Studio premises being Unit 22, 53 Lorraine Street, Peakhurst, New South Wales AUSTRALIA 2210
“Standard Rates” are Our standard rates for studio hire
“Studio” means the photographic/film space You hire from Greenfern Studios in Peakhurst
“Greenfern Studios”, “We”, “Our”, “Us” means Green Fern Studios Pty Ltd [ABN 80 665 003 645]
“You” or “Your” means the property or entity entering into the agreement to hire the Studio from Us
“Your Property” means any property that You, Your Personnel and/or guests bring onto the Premises
Making a Booking
- These Terms govern all hire (including without limitation Dry Hire or Production Hire) of the Studio. Each hire request We receive constitutes a separate offer to hire the Studio. An offer is only accepted when Greenfern Studios supplies You with a booking confirmation and the resulting agreement incorporates these Terms.
- Production Hire booking confirmation is also subject to the acceptance of the Production Agreement by You and Greenfern Studios, and Greenfern Studios receiving the fifty percent (50%) deposit by You.
- Greenfern Studios may choose at any time, at its sole discretion, not to hire the Studio to You.
- The Studio is subject to availability.
- Greenfern Studios may issue You with a Quote based on Your requirements and a provisional hold will be placed on Your request to hire the Studio awaiting your confirmation. At any time while You have a provisional hold on the Studio, we may issue You with a “push to confirm”. From that time, You will have up to 24-hours to confirm Your booking from the time we issued You with a “push to confirm” confirmation request. Greenfern Studios may, at its sole discretion, cancel Your provisional booking and release it to another customer if You do not confirm Your booking within the 24-hour period.
- Once You confirm an open booking we will send You a Booking Confirmation.
- Requests for set build services and/or cyclorama painting must be received by Us in writing (either digitally or physically) at least three (3) business days (Monday-Friday excluding public holidays) prior to the commencement of a shoot.
Fees and Payment
- The fees payable are specified in the booking confirmation. Fees can be paid by direct bank transfer (BSB/Account), credit card or EFTPOS.
- We use Square as our payment gateway for all transactions (excluding direct bank transfers). A processing fee will be applied to all payments (excluding direct bank transfer), and the processing fee shall be applied to Your total balance:
- 6% if the fee is processed in-person
- 2% per transaction if a fee is processed either online or remotely
- Additional fees may be incurred if:
- You take longer than Your specified hours in the Studio
- You request an earlier start from the Booking Confirmation
- You request catering
- You request painting
- You request set build; or
- Any other services not already specified in the Booking Confirmation
- You agree to pay the remaining balance due for the services rendered upon the complete of the shoot for half day hire bookings and/or full day hire bookings. Payment shall be made in full at the time of Completion, unless an alternative payment arrangement has been expressly agreed upon in writing by You and Us prior to the commencement of the Studio hire.
- In the event an alternative payment arrangement has been expressly agreed upon by You and Us, We will issue you an invoice detailing the remaining balance due, which shall be payable by You within seven (7) days from the date of issuance of the invoice. Failure to adhere to the payment terms as specified herein without written agreement by You and Us may result in late fees, interest charges, and/or other penalties as detailed in these Terms.
- For multiple day hire (being two or more consecutive days), We will issue you an invoice detailing the remaining balance due, which shall be payable by You within 14 days from the date of issuance of the invoice. Failure to adhere to the payment terms as specified herein without written agreement by You and Us may result in late fees, interest charges, and/or other penalties detailed in this Agreement.
- We may, at our sole discretion, require full pre-payment of Your fees to confirm your booking. You will be advised by Us in writing, and We will issue you an invoice detailing the balance due, which shall be payable by You up to three (3) days prior to the Studio hire.
- Without limiting any other clause in these Terms, if you do not pay any invoice by the due date, We reserve the right to:
- Charge your credit card for all amounts outstanding;
- Charge a reasonable administrative fee for Our processing and pursuit of late payments; and/or
- Charge You interest rate of six percent (6%) per annum to the outstanding balance, calculated daily from the next day after the due date until full payment is received.
Deposit
- You acknowledge and agree you shall pay a deposit equal to fifty percent (50%) of the total balance at the time of your booking. Your booking will not be confirmed by Us until the deposit payment has been received and processed. The remaining balance will be due in accordance with clause 12 of the Terms.
Authorised Person
- You may specify to Us an authorised person/s who is approved by You to take occupation of the Studio.
- Only You or an Authorised Person is permitted to take occupation of the studio. Authorised Persons may be required to present photo ID at the time of occupation.
Cancellation Policy and Deposit Forfeiture
- You acknowledge and agree if You wish to cancel a confirmed booking, the following cancellation fees and deposit fees will apply:
- within twenty-four (24) hours of the scheduled commencement time of the Studio hire, You shall forfeit one hundred percent (100%) of any deposit previously paid to Greenfern Studios;
- within forty-eight (48) hours of the scheduled commencement time of the Studio hire, You shall forfeit seventy five percent (75%) of any deposit paid previously to Greenfern Studios;
- for all other cancellations, You shall forfeit twenty five percent (25%) of any deposit paid previously to Greenfern Studios
- You acknowledge and agree We will charge a two-hundred-dollar ($200.00) administration fee to cover Our reasonable administrative expenses, and this shall be deducted from the total refund of the initial deposit prepaid
- If You cancel a confirmed booking, We reserve the right, at our sole and absolute discretion, to waive the Cancellation Fees if, without limitation;
- We are able to fully rebook the Studio;
- You rebook with Us on a different day;
- For any reason We deem to be fair and reasonable. This may include, without limitation, unforeseen events experienced by You.
- The decision by Us to waive a Cancellation Fees shall not constitute a waiver of any other Terms, nor shall it constitute a waiver of the right to enforce such Cancellation Fees in the future under similar or different circumstances.
Your Obligations
- You must make Your own assessments regarding the fitness of the Studios, the Premises (as applicable) and Greenfern Studios for your particular purpose.
- When hiring the Studio, you warrant that You have read and will comply with, and will ensure that, each of Your Personnel and guests attending the Premises reads and complies with, the House Rules. If at any time, at Our sole and absolute discretion We believe that You, Your personnel and/or guests are being unsafe, We reserve the right to require You, Your Personnel and/or guests to cease the activity which We consider is unsafe, or to require that You or Your Personnel and/or leave the Premises.
- In the event You, Your Personnel and/or guests have been ordered to cease the activity which We deem as unsafe and/or We require the You, Your Personnel and/or guests to leave the Premises immediately, you acknowledge and accept you shall be required to pay the full balance of the contracted amount, and this payment will be due on the same day as your Booking hire date. All late fees shall apply in accordance with clause 16 of these Terms.
- You must ensure that any equipment You bring to the Premises is safe to use.
- You must ensure that You, Your Personnel or guests are suitably qualified to operate Our Equipment.
- You acknowledge that Our equipment is for professional use only. You warrant that You understand, and where applicable will ensure that any of Your personnel and/or guests who may use the equipment, understand how to use and operate the equipment, and how to use and operate the equipment in accordance with the manufacturer’s directions. If You, Your Personnel, and/or guest are not confident operating any equipment, Greenfern Studios recommends that You use a qualified assistant.
- Our equipment must not be taken off the Premises without Our prior written consent.
Cleaning and Damage
- You must vacate the Studio and return all equipment (if applicable) by the end of the Hire Period in the same condition as it was provided (reasonable wear and tear expected).
- Studio hire includes standard clean (up to one hour carried out by Our reset team).
- If you leave the Studio or return Our equipment in an excessively dirty condition (as determined by Us at our sole and absolute discretion), You must pay for the reasonable costs of cleaning. Without limitation, if the Studio is left with foreign substances such as, without limitation makeup spills, food, glitter, confetti or Equipment covered in mud, You may incur additional fees on-top-of the fee for the reasonable cost of cleaning.
- You must take care not to damage or mark the Studio including, without limitation, the walls, floors, flats or the cyclorama. If you intend on painting, or affixing coverings to the walls, floors, flats or the cyclorama, you must notify Our staff and follow their instructions. You must not paint the cyclorama or flats yourself. We provide a painting service for a fee. If you fail to comply with this clause, the cost of reasonable repair will be charged to you including, without limitation, the cost of resurfacing, painting, sealing the surfaces and/or replacing them as required.
- You are responsible for and must pay for all the loss and damage caused to the Studio and/or the Premises by You or Your Personnel or guests (reasonable wear and tear excepted). We reserve the right to charge Your credit card and/or invoice You to recover Our costs of assessment, repair and/or restoration in accordance with these Terms.
- You are responsible for the acts and omissions of Your Personnel and guests while they are on the Premises and will ensure that they comply with these Terms.
Your Property
- We take care to supervise the Premises, but we cannot be responsible for Your Property. You must take responsibility for all Your Property on the Premises and make appropriate arrangements to ensure it is secure. If You leave Your Property unattended, You do so at Your own risk. To the fullest extent permitted by law, We exclude liability for the loss or theft of, or damage to, Your property, except to the extent such loss, theft or damage is caused by Our wilful misconduct.
- While You may choose to have Your Property delivered to the Studio or its Personnel, property left unattended in either the parking lot and/or the Studio front or back entrance is at Your own risk.
- Any electrical equipment You bring onto the Premisses must be tested for electrical safety and have a current (i.e. tested within the last twelve (12) months) electrical safety test tag affixed in accordance with AS/NZS 3760:2010.
No Interest
- We grant you a licence only to use and occupy the space and the facilities at the Premises for the Hire Period. You must not create any lien, mortgage, charge, security interest or encumbrance on the Studio and/or the Premises. You must not sub-hire or assign any benefit in the Studio and/or Premises to any other party.
Location Release
- We permit You to use the area of the Premises referred to in your Booking Confirmation (the Location) to carry out filming and photography.
- Except where otherwise agreed, We acknowledge that:
- You or Your contractors hold all right, title and interest in, and to, all recordings made at the Location during the Hire Period; and
- You or your contractors have the unrestricted right to assign, licence and/or exploit any such recordings without Our further consent and without any additional payment to Us.
- You agree that You may not record:
- Any third-party images that may be on display at the Premises;
- Any internal part of the Studio; or
- Any Studio signage;
without obtaining Our prior written consent.
Privacy
- The Studio collects personal information to provide You your Booking Confirmation and for the Hire Period. The Studio may disclose such personal information to third party service providers such as, without limitation, technology providers, for this purpose. You consent to such uses and disclosures.
- The Studio otherwise treats personal information it collects in accordance with its Privacy Policy available on Our website.
Termination by the Studio
- We may terminate any hire agreement immediately without incurring any liability to You where:
- You are in material breach of any of these Terms; or
- We are unable to provide the Studio to You for occurrences or conditions that are not within Our reasonable control
Limitation of Liability
- Nothing in these Terms purports to limit any implied warranties under any Australian law that cannot be limited, including the Consumer Guarantees under the Australian Consumer Law.
- To the fullest extent permitted by law, causes 47. States the full extent of the Studios’ potential liability to You in respect of studio hire. All other potential liabilities are expressly excluded.
Insurance
- The Studio recommends that You obtain sufficient insurance to cover Your potential liabilities under these Terms.
- The Studio requires that if You are hiring the studio, You have public liability insurance to a minimum level of $5 million per occurrence.
General
- If any provision in these Terms is unenforceable for any reason, such provision shall be severed from these Terms and the remaining Terms will remain in full force and effect.
- These Terms are governed by the laws of New South Wales. The You and We submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.