Terms & Conditions
These terms and conditions are for hiring the Studio(s). By agreeing to work with Lava Bear and booking the Studio(s), you automatically agree to our terms and conditions.
In these conditions the following expressions have the following meanings:
- “Lava Bear”– and any of the partners or any servant agent employee or sub-contractor on behalf of Lava Bear.
- “The Customer”/”Client”– any person or firm or company dealing with Lava Bear or any servant or employee of such a person firm or company.
- “Services”– shall include all Studio space or location facilities and the services of assistants and other personnel of Lava Bear or of any sub-contractor of the Company.
- “Equipment”– shall include all fixtures, lighting and other materials provided by Lava Bear or by its nominated sub-contractors.
- “Studio”– the premises of Lava Bearfor the time being where the services and equipment are provided.
- These Conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorised signatory on behalf of Lava Bear.
- Full details of the Lava Bear services and (non commercial) charge rates are set out on the Studio website. Prices and rates available on these pages and on the website may be varied by Lava Bear without notice.
- the Customer shall inform Lava Bear whether they require a member of Lava Bear Studio staff (at extra costs) to be on site to assist with equipment, lighting etc during booking. Without this information it will be assumed that the Customer is confident and competent to use the Studio with equipment un-aided, safely and professionally. A member of Lava Bear staff will always be available at the booking time to be on hand and be sure to open up for the Customer. If the Customer is more than 30 minutes late for the booking, the Customer will forfeit the booking.
- Nothing in these Conditions is intended to exclude restrict or modify liability on the part of Lava Bear Studio resulting from negligence or otherwise.
III. Studio Hire
- The Studio may be provisionally booked by telephone or email and the booking should be confirmed (email or telephone) within 24 hours of the provisional booking. The Customer will be required to pay the full amount of the hire fee as confirmation of the booking.
- The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by Lava Bear or by any statutory body or Local Authority.
- The Studio is available for the exclusive use of the Customer named in the booking (and his party) 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 Lava Bear.
- Any materials used in connection with sets constructed by the Customer as well as any rubbish shall be forthwith removed from the Studio at the end of the hire period at the expense of the Customer otherwise Lava Bear will have to charge for this.
- No alterations decorations or additions to the Studio are permitted without the consent of any partner of Lava Bear 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 Lava Bear arising out of any breach of this Condition shall be paid by the Customer.
- The Studio is supplied clean at the start of the hire period and all the costs of painting, repairing and maintaining this state are payable by the Customer. Lava Bear must be notified by the Customer at the start of the hire period if any aspect of the condition or decoration of the Studio is unacceptable. If no such notification is given the Studio will be determined to be of an acceptable standard for use by the Customer.
- the Customer must include set up, take down and clean up time within the hours booked, to avoid overtime charges.
- Noise levels outside the studio must be kept to a reasonable level during Studio hire bookings. Clients are asked to consider other occupants and neighbour residents when using the Studio.
- No animals are allowed in the Studio (except guide dogs) unless otherwise agreed with Lava Bear
- No smoking is permitted inside the Studio or throughout the building. Smoking is permitted in designated areas
- No illegal activities are accepted and anyone not compliant will be asked to leave and/or police will be called.
- The Studio is fitted with CCTVs. Images are recorded for the purpose of crime prevention and the staff safety and they might be also stored to claim for any damages incurred during the booking.
- Hire of Equipment and Services
- All Equipment and services are supplied by Lava Bear entirely at the risk of the Customer. Lava Bear 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. The Customer is responsible for any loss or damage 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.
- All Equipment supplied to the Customer is in good condition. The Customer must notify Lava Bear at the time of supply if the condition of the Equipment is not acceptable.
- In no circumstances shall Lava Bear 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
- The Customer may not without the written consent of Lava Bear:
- Remove the equipment from the Studio premises; or
- modify or alter or tamper with the Equipment in any way; nor
- use the Equipment in a manner not recommended by the Manufacturer; nor
- allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor part with possession sell pledge encumber or suffer any lien to be created on the Equipment.
- Where at the request of the Customer, Lava Bear supplies to the Customer the services of a driver, assistant, sub- contractor, freelance 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 Lava Bear shall not be liable for loss or damage of any kind however caused.
- Lava Bear 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 Lava Bear or any other person whose services are supplied to the Customer.
- The hire period for services or Equipment cannot be extended otherwise than with the consent of 69 drops Studio.
- Equipment must be returned promptly at the end of the hire period in good condition. The Customer shall pay or compensate Lava Bear for the replacement value (plus any administration fee) of lost or damaged Equipment or in respect of any cancellation or variation of any order or failure to return the Equipment on time.
- Payment and Additional Charges
- Unless otherwise agreed in writing all transactions will be settled in agreement with Lava Bear payment terms set out in our terms and conditions before the commencement of the hire period. Clients not paying the full amount must settle accounts within 24 hours of the booking. Prices may be varied without notice to the Customer.
- Overdue payments will incur interests at 15% per week or part thereof.
- The hire time commences when the agreed hire period start (with or without the Customer being present) and terminates when the Studio and/or Equipment is surrendered or returned to Lava Bear. Lava Bear will charge for additional hire hours at an hourly rate. Overtime charges are set at £100 per hour unless otherwise agreed in advance).
- Any additional Equipment, services, staff or modifications to the Confirmation of Booking shall be billed to and paid for by the Customer.
- At the end of the hire period the Customer may be charged at the discretion of Lava Bear an additional rental where the Studio or any item of Equipment is delivered to or returned to Lava Bear in a bad or damaged condition. Anything damaged will be charged at full price plus 25% administration/restock charge.
- Where Lava Bear is required to place a security deposit with any third party for the hire or acquisition of any item, equipment or construction material, such deposit shall be paid to Lava Bear by the Customer in full when the booking is made.
- The price payable by the Customer shall be Lava Bear price for such goods and service current from time to time, as set out in the relevant Pro Forma Invoice/Quotation, which shall set out prices exclusive of VAT.
- Lava Bear shall have a general lien on any film, tape, media or other equipment digital or otherwise or property in the possession of Lava Bear or in the Studio premises for the payment of any monies due to Lava Bear from the Customer.
- A damages security deposit might be required on the day of hire. Once the equipment and the Studio conditions have been inspected on the day, your deposit will be returned to you. This deposit will be of at least £150+VAT depending on the shoot type and total number of people involved in the shoot.
- All rates are exclusive of VAT.
- Exclusions of Liability
Subject as herein before mentioned Lava Bear 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:
- any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
- any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by Lava Bear.
- 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 Lava Bear or the servants or agents of Lava Bear.
- for any fines and/legal costs incurred by Lava Bear or the Customer for any activity connected with the hire of the Studio or Equipment.
- any failure on the part of Lava Bear to comply with its obligations to the Customer due to any circumstances beyond the control of Lava Bear.
Lava Bear cannot be held responsible for loss or damage to any equipment or personal property of the Customer. Anything left at the Studios will be disposed of or given to charity if not claimed back withing 24 hours. No Client related property will be covered by any insurance held by Lava Bear.
The Customer shall at all times keep Lava Bear indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against Lava Bear or the servants or agents of Lava Bear 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 Lava Bear even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of Lava Bear its directors servants or agents save in respect of any death or personal injury caused by the negligence of Lava Bear as aforesaid. The Customer must ensure that they have their own public liability insurance for all persons in the Studio during the hours of use, to cover any accident, injury or death.
The Customer must ensure that all minors under the age of 16 are always be accompanied by a chaperone. Minors must have parent’s or guardian’s permission to be at the Studio, and to be photographed or filmed as relevant.
- Booking Reschedule and Cancellations
All bookings are final. Bookings are not refundable and not transferrable to another date/time unless otherwise agreed in writing.
Clients paying the “Commercial rate” that wish to cancel a booking will receive a 50% refund of the amount paid if Lava Bear is contacted 5 days or more before the booking date.
Clients paying the “Commercial rate” that wish to reschedule a booking can do so free of charge if Lava Bear is contacted at least 3 days before the booking date.
“Commercial Rate” is classified at discretion of Lava Bear depending on the type of Studio hire and the number of people within the booking.
Lava Bear may summarily terminate any hire contract with the Customer upon the happening of any (but not only) of the following events:
- if the Customer shall fail to pay any of the monies due to Lava Bear or dishonour any cheque paid to it; or
- 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
- 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 Lava Bear against the Customer prior to the date of termination.
- Lateness of 30+ minutes from the start of the Customer booking will be considered a “no show” and the booking will be terminated. No refund will be issued. No Reschedule is permitted.
Lava Bear may terminate any booking or hire contract if the Customer is found to be in breach of any of the terms and conditions.
- Applicable Law
These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Ireland.