AGREEMENT FOR HIRE OF FACTORY 4 STUDIO
This Agreement is made on the date specified and between the parties specified in the Booking Form. Recitals:
A.The Hirer rents out space and equipment detailed in the Booking Form at Factory 4, 215 Nicholson Street, East Brunswick 3057
B.The Customer is hiring the space and/or equipment specified in the Booking Form from the Hirer upon the terms and conditions in this Agreement.
• The Customer will be using the space for permitted use only – a photographic studio. The Customer must notify the Hirer in writing of any intentions to the contrary. (The space is not available for parties or band rehearsals under any circumstances.)
- The customer will be respectful of residents/ tenants both within the building as well as the local neighbourhood and keep excessive noise to a minimum – after-hours in particular.
- The car park underneath the building is sufficient for the building however one car only is permitted to park for the total time of the scheduled booking. For loading and unloading equipment a vehicle may be parked in the loading bay for a maximum of 30 minutes making sure not to block any cars in. There is sufficient free street parking along Blythe Street.
- Hire of plant and equipment
- 1.1. Bookings will be held for a maximum of 24 hours without proof of payment. Confirmed bookings are on a first-come, first-served basis.
- 1.2. The Customer must arrive 15 minutes prior to their scheduled commencement time to be run through the space
- 1.3. The Customer is entitled to use equipment hired (with pre-payment required) for the hire period and for any agreed extension of the period.
- 1.4. The Customer agrees to leave the space on or before the end of the hire period as outlined in the Booking Form.
- 1.5. The Customer agrees to return the equipment to the address of the Hirer on or before the end of the hire period as outlined in the Booking Form.
- 1.6. The Hirer will not refund any hire charge monies if the Customer elects to leave and/ or return the equipment prior to the end of the hire period, regardless of reason.
- 1.7. The mobile backgrounds are not permitted for use unless express permission is granted prior.
- Payment for rental
- 2.1. The Customer agrees to pay the Hirer the hire fee specified in the Booking Form for the equipment for the hire period, which includes any applicable GST, if a hire charge is applicable. A booking is not confirmed until remittance advice for payment has been received.
- 2.2. The hire fee must be paid to the Hirer prior to the commencement date of the hire period.
- 2.3. The Customer is entitled to Student rates only upon presentation of a current full-time student card in the Customer’s name.
- 2.4. If the Customer requires a freshly painted Cyclorama, a flat fee of $100 plus GST is payable at booking. Otherwise the Cyclorama is hired in ‘as-is’ condition.
- 2.5. Any overtime is charged at $50 plus GST per hour and is payable prior to the end of the booking with proof of payment. The Customer must inform the Hirer as soon as they become aware they require extension.
1 3.1. Cancellation of the booking by the Customer is permitted with a minimum of 48 hours notice. Any monies paid will be credited towards the Customer’s next booking. If the customer gives less than 24 hours notice, a partial credit of 50% will be granted. Credit is non-transferrable.
4. Use, operation and maintenance
4.1. The Customer agrees that the use of the space and/or equipment carries with it dangers and risks of injury and the Customer agrees to accept all dangers and risks.
4.2. The space and/or equipment shall not be used by anyone other than the Customer without the expressed permission of the Hirer.
4.3. The Customer agrees to operate, maintain and care for the space and/or equipment strictly in accordance with any instruction provided by the Hirer, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the Hirer or posted on the equipment as to the operations, maintenance and storage thereof.
4.4. The Customer agrees to comply with all occupational health and safety laws relating to the use of the space and/or equipment and related operations.
4.5. The Customer shall ensure the space and/or equipment is returned to the Hirer clean of any other foreign matter and the space shall be thoroughly cleaned. In the event that these requirements are not complied with the Customer shall pay the Hirer the reasonable costs of compliance with these requirements.
4.6 The Customer agrees to comply with the Lock-up procedure as follows:
- Pack down any equipment hired and return in as supplied condition.
- Leave the studio in the same condition when it was hired.
- Leave the makeup area clean and tidy.
- Turn off all lights, fans, air conditioner and all other appliances except for fridge.
- Return securely key safe keys if accessed.
5. Customer’s warranties
5.1. The Customer warrants that:
5.1.1 the space and/or equipment will be used in accordance with the conditions outlined in the schedule;
5.1.2 the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
5.1.3 the space and/or equipment will not be used for any illegal purpose;
5.1.4 the Customer will not, without prior written consent of the Hirer, modify, or permit any modification of, the space and/or equipment in any way; and
5.1.5 the Customer agrees that the space and/or equipment complies with its description, is in merchantable condition and is fit for the Customer’s purpose.
6.1. To the full extent permitted by law the Customer releases, discharges and indemnifies the Hirer from all claims and demands on the Hirer arising out of or consequent on the use or misuse of the space and/or equipment during the hire period.
7. Loss, damage or breakdown of space and/ or equipment
7.1. The Customer will be responsible for any loss or damage to the space and/or equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period
7.2. If there is a breakdown or failure of the equipment then the Customer shall return the equipment to the Hirer at the Customer’s expense and the Customer shall not attempt to repair the equipment.
7.3. If damage is made to the cyclorama (cyc), the Customer will be required to pay a fee of $1000. It is the Customer’s responsibility to ensure that ALL persons in the studio take care not to walk on/ put pressure on the curve of the cyc.
8.1 The Hirer will maintain current insurance policies in respect of the space and/or equipment to its full insurable value.
9.1. The Customer will assume all risks and liabilities for and in respect of the space and/or equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Customer’s possession, use and maintenance of the space and/or equipment.
10.1. To the extent permitted by law the Hirer disclaims all liability for and does not give any warranties to the Customer as to the condition of the equipment.
11. Title to goods
11.1. The Customer acknowledges that the Hirer retains title to the equipment and that the Customer has rights to use the equipment as a mere bailee only. The Customer does not have any right to pledge the Hirer’s credit in connection with the goods and agrees not to do so
11.2. The Customer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the space and/ or equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.
12.1. The Hirer may retake possession of the space and/or equipment if the Customer breaches any provision of this agreement, notwithstanding anything else herein contained.
12.2. If repossession takes place, the Hirer shall only charge the hire fee up to and including the time of repossession.
13. Completion of the hire period
13.1. The hire period is completed when the space and/or equipment has been returned to the Hirer:
13.1.1 in the same condition as when it was hired; and
13.1.2 on or by the date and time outlined in the schedule.
14.1. The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
15.1. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
16.1. This Agreement is governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
17.1.In this Agreement, unless the context otherwise requires:
17.1.1. A reference to the singular includes the plural and vice versa;
17.1.2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
17.1.3. A reference to an individual shall include corporations and vice versa; and
17.1.4. If a word or expression is defined, its other grammatical forms have a corresponding meaning
17.2. In this Agreement, headings are for convenience only and do not affect interpretation.
COVID LIABILITY WAIVER
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Julian Dolman and Benjamin Vella trading as Factory 4 Studio has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Factory 4 Studio can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio contractors and their families.
I voluntarily seek services provided by Factory 4 Studio and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my studio hire.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all government recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Factory 4 Studio harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the studio, or that may otherwise arise in any way in connection with any services received from Factory 4 Studio. I understand that this release discharges Factory 4 Studio from any liability or claim that I, my heirs, or any personal representatives may have against the studio with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Factory 4 Studio. This liability waiver and release extends to Julian Dolman and Benjamin Vella trading as Factory 4 Studio together with all owners, partners, and contractors