Last updated: 8 September 2022
In these Terms and Conditions:
- Authorised Purpose means the taking/creating/recording of photographs, videos, voiceovers, podcasts, or audio production.
- Building means the place in which TheCommute Studio is located.
- Equipment means all equipment, furniture, or fittings located in The Commute Studio.
- Hire Date means the date on which theHiring Period occurs.
- Hire Period means the duration for which the Hirer has hired The Commute Studio.
- Hirer means the person engaging in the use of The CommuteStudio.
- Hiring Charges means the money paid by theHirer to The Commute Studio for the hire of the Studio Space.
- Participant means any agent, employee, contractor, guest of the Hirer and any other party invited into the studio by the Hirer.
- The Commute Studio is the studio space located at6 Young Street, Frankston, VIC.
- We / Us / Our / The Commute refers to Lewin Street Pty Ltd and Its employees (trading as “The Commute”) ABN1763 9900 253
The health and safety of our staff and customers are of the highest priority. The Hirer must (and must ensure the Participants):
- Comply with any current health directives or order by relevant health authorities. Follow all reasonable instructions given by us or any government authority.
- Not attend the Studio if they are unwell, are exhibiting flu-like symptoms, or have been in recent contact with a person known or suspected to have been suffering from COVID-19.
- Only permit a maximum of 5people (excluding our staff) in the Studio.
- Maintain physical distancing requirements as recommended by relevant health authorities
- Contact us promptly if the Hirer or a Participant suspects they have been in contact with a confirmed case of COVID-19 and/or may have been infected with COVID-19 when they attended The Commute Studio.
2. Grant Of Licence To Use Venue
- In consideration of the Hirer paying the Hiring Charges, we hereby grant the Hirer a non-exclusive licence to occupy and use The Commute Studio during the Hire Period.
- The rights granted to theHirer are a non-exclusive licence only. Nothing in this agreement grants theHirer any right of tenancy or exclusive possession of The Commute Studio.
3. Payment Of Hire Fee, Hourly Rate, Costs and Cancellation
- The Hirer must pay the HiringCharges as instructed by us before the Hire Period commencing unless otherwise agreed in writing by us.
- Any changes to an appointment must be rescheduled at least 48 hours before hire date. Otherwise only receive50% of the booking fee.
- If the Hirer has not paid theHiring Charges in full 48 hours prior to the Hire Date, then the Hirer’s booking is deemed to be cancelled and no refund will be issued.
- The Hirer must promptly notify us if they wish to cancel a booking. Upon notification, if the cancellation is:
i. more than two business days before the Hire Date, then the balance of any Hiring Charges will be refunded in full;
ii. less than two business days but more than one business day before the Hire Date, then the Hirer will be entitled to a refund of 50% of the Hiring Charges paid;
iii. less than one business day before the Hire Date, the Hirer will not be entitled to a refund, and any Hiring Charges will be forfeited to us.
- At the discretion of TheCommute, hiring The Commute Studio before or after the allocated Hire Period after booking will come at an additional charge and must be confirmed with theFacility Manager and paid for before proceeding.
- In addition to payment of anyHiring Charges, any additional charges under clause 2(d) above and any other rights that we may have under this Agreement, the Hirer must pay to us reasonable expenses and the costs for any damage arising to The Commute Studio, the Building, or the Equipment by the Hirer or any Participate whether accidentally or intentionally.
- The hirer will be asked to provide personal information, identification, and credit card details for booking purposes on arrival. (See BOND)
- As security for the performance of the Hirer’s obligations under this agreement, we may require the Hirer to deposit a bond with us or provide us with a copy of a valid credit card to any cost or expense arising under this agreement may be charged.
- We may deduct from the bond or charge to the account of the Hirer all money required to rectify any breach of this agreement by the Hirer, including but not limited to any of the costs referred to in clause 2(e) of this Agreement.
- After deduction of all costs which we are entitled to deduct from the Bond, the balance (if any) will be refunded to the bank account nominated by the Hirer as soon as practicable following the Hirer’s use of theStudio.
- Any equipment damaged by theHirer will be subject to replacement fee being charged to the Hirer’s card.
5. Obligations Of The Hirer
The Hirer Must:
- Only use The Commute Studio for the Authorised Purpose and during the Hire Period and must not sub-lease, sub-licence or otherwise permit any other party to use or occupy the Studio other than the Hirer and the Participants;
- Assess the Studio on arrival for any hazard or matter which it believes may impact the safety of the Hirer or any Participant, and promptly advise us of any issue noted;
- Remove all equipment brought in by the Hirer into the studio, make good any damage to the Studio or theBuilding caused by the removal;
- Adhere to any direction that may be given by us (or by any lawful authority) before, during or after theHirer’s use of The Commute Studio;
- Comply with any general TheCommute Studio use information, any manual or instructions relating to the use of Equipment, any or reasonable direction provided by us to the Hirer at any time;
- Only use Equipment which theHirer is competent in the operation of if required, and in full accordance with any instructions given by us for its use;
- Ensure that neither the Hirer, nor any Participant, interferes with the use of the Building by any other person and does not enter any parts of the Building except The Commute Studio, bathroom/kitchen facilities and those areas reasonably required to access The Commute Studio and enter and exit the Building;
- Must clean and remove all rubbish and the Building attributable to the Hirer’s use and return to its condition before its use by the Hirer;
- Notify us promptly of any damage caused to The Commute Studio, the Equipment, or the Building by theHirer or any Participant. Should the studio require additional cleaning or repair, additional costs will be incurred;
- Understand that The Commute is here to support you with existing equipment and software, and offer guidance on ‘best practices however are not expected to support or train Hirer or Participants on any additional equipment the Hirer chooses to bring and use.
The Hirer Must Not:
- Sell goods or services, carryon any activity at The Commute Studio which is dangerous, noxious, offensive, illegal, noisy or objectionable (including hate speech or propaganda), use TheCommute Studio as a place of public entertainment or have any live music at theStudio without prior consent;
- Bring in and/or consume any drugs/alcohol on The Commute Studio premises.
- Bring into the Building or TheCommute Studio any heavy equipment or machinery nor attach or affix any nails, screws, adhesive tape, signs or anything to the walls, doors, ceilings and floors of the Building without our express written permission and, if such consent is given with any conditions, then the Hirer must comply with those conditions;
- Block any doors or entrances/exits to The Commute Studio or the Building;
- Bring any animals into the studio, without prior consent from The Commute
- Interfere with, affix or alter any emergency exit signs, fire doors, emergency exits, fire extinguishers, fire sprinkler systems, security cameras, lighting, electrical and utilities cables and conduits, sound systems or any equipment or materials located throughout The Commute Studio or the Building;
- Is responsible for the conduct and behaviour of all Participants and any loss of any of their property, personal items or equipment howsoever arising;
- Is responsible for its own safety and the safety of all Participants whilst using The Commute Studio;
- Acknowledges that The CommuteStudio has CCTV security cameras and that their session may be monitored at anytime by us to ensure adherence to this agreement.
- Acknowledges that it must respect those working in the building and wider neighbouring businesses that surround and ensure that all persons leaving The Commute Studio do so in an orderly and quiet fashion;
- In consideration of others working in the building and the invitees of the Hirer, must keep amplified noise to an acceptable and appropriate level.
- All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
6. Indemnity By Hirer
- The Hirer indemnifies us from any injury, costs, loss or damage arising out of the use of The Commute Studio and/or the conduct of the Hirer and the Participants (including legal costs in a solicitor/client basis, damage to The Commute Studio, the Equipment, the Building or the facilities located within the Building and injury, costs, loss or damage arising from failure by the Hirer to comply (or ensure compliance with) the terms of this agreement except to the extent such injury, costs, loss or damage arises due to our negligence.
7. Risk Of Hirer And Our Liability
- The Hirer occupies The CommuteStudio entirely at its own risk.
- The Hirer acknowledges and agrees that to the maximum extent permissible by law we are not liable to theHirer or any Participant for any loss of life, personal injury or damage to or loss of property which may be suffered or incurred arising out of the use of TheCommute Studio by the Hirer.
- In no event shall we be liable for loss of profit or consequential damages in contract, warranty or otherwise to the Hirer arising from the cancellation of the booking or otherwise.
We may terminate this agreement immediately upon giving notice to the Hirer and/or cause the use of The Commute Studio by theHirer to cease immediately if:
- The Hirer breaches any provision of this Agreement;
- The Hirer uses, or attempts to use, the Studio for any purpose other than the Authorised Purpose;
- We become aware of conditions under which the Hirer’s use of The Commute Studio could jeopardise public safety or order or involve an unacceptable risk of personal injury or damage toThe Commute Studio, the Equipment, the Building, The Commute staff, clients, visitors or the neighbouring surrounds; or
- The Hirer (or any party associated with the Hirer) makes defamatory remarks or threats of violence, acts aggressively towards us or our staff, or fails to comply with our reasonable directions as to the use of The Commute Studio, the Equipment, or the Building.
- The Hirer must comply with all directives given by us and/or any lawful authority arising from the above circumstances.
9. Force Majeure
- Performance of this agreement is contingent upon our ability the ability to complete the same and we will not be liable to theHirer for any failure to provide The Commute Studio or utility services to theStudio due to causes that are beyond our reasonable control.
- Without limiting the above to the maximum extent permissible by law, our liability is limited to a refund of the Hiring Charges
10. No Warranty
- We provide no warranty that The Commute Studio will be suitable for the use for which it is intended to be hired by the Hirer, and we will not be liable to the Hirer for any loss suffered by the Hirer as a consequence of The Commute Studio proving not to be adequate for the Hirer’s use and purposes.
- This Agreement is governed by the laws of the State of Victoria, Australia.
- The persons entering this agreement warrant they are authorised to legally bind the Hirer on whose behalf they have signed this Agreement.
If you have any questions relating to these Terms and Conditions, please contact us by emailing email@example.com or calling us on +61 3 9008 6333
The Agreement, as varied from time to time, applies to all sales of goods and the provision of all services by the Supplier to the Client pursuant to the Agreement, together with any non-excludable conditions and warranties expressed by law, constitutes the entire agreement between the parties.