General Conditions of Hire
Definitions
“Agreement” means the agreement between the parties comprised in the Booking Form and these General Conditions of Hire;
“Authorised Person” means the manager of The Northern Studios (TNS) or any person or persons nominated by him/her or TNS e.g. Fire Officer
“Hirer” means the person or company who makes the Booking or to whom the invoice will be made out to and as set out on the Booking Form;
“Hirer’s Personnel” refers to persons invited by the Hirer to enter the Premises during the Period of Hire;
“Period of Hire” means the date(s) and time(s) for hire as set out on the Booking Form;
“Premises” means the building or part thereof, of the TNS complex as detailed on the Booking Form.
By making a booking in person, via the internet or by telephone, the Hirer agrees to and is bound by the provisions of this Agreement.
1. Premises Hire
1.1 TNS shall make the Premises available to the Hirer for the Period of Hire. The Premises are available for daily use between 0830hrs and 1830hrs. Use outside of these hours shall be charged at a pre-agreed overtime rate.
1.2 The Hirer shall not use the Premises or permit the Premises to be used for any other purpose other than for the Purpose of Hire as specified in the Booking Form. The Hirer must observe all regulations governing the use of the premises whether imposed by TNS or by any statutory body or Local Authority.
1.3 The Hirer shall only permit people directly involved in the Purpose of Hire to enter the premises and only during the Period of Hire. TNS reserves the right to require any person not so involved to leave the Premises.
1.4 The Hirer shall, during the period of hire be responsible for:
(i) the conduct and behaviour of the Hirer Personnel whilst on the Premises and ensure that they comply with all requirements of the Authorised Person. The Hirer and the Hirer Personnel shall leave the Premises following the Period of Hire. If they have not, the Hirer will be required to pay TNS a surcharge amounting to one and a half times TNS’s normal hire charge for the Premises until the Premises have been cleared;
(ii) the efficient supervision of the Premises, including the orderly and safe admission and departure of Hirer Personnel to and from the premises and assisting the Authorised Person in the orderly and safe clearance of the Premises in case of emergency; and
(iii) keeping the Premises safe and ensuring good order and decency is maintained.
1.5 The Hirer shall take good care of, and shall not cause any damage or permit any damage to be done to the Premises, or any part of the Premises or the fixtures, fittings and equipment on the Premises or to any part of the building of which the Premises form part or any other building or structure within the curtilage of the building. Any damage caused or permitted by the Hirer and/or the Hirer Personnel shall be made good by TNS at the cost to the Hirer and the Hirer shall inform the TNS Contact of any such damage as soon as practical, and the Hirer shall confirm it in writing within 24 hours of its discovery. The cost of such damage shall be certified by the Authorised Person whose decision shall be final.
1.6 No alterations or additions to the premises, the fixtures, fittings, scenery and/or equipment or the decorations at the Premises shall be carried out without the consent of TNS. At the end of the period of Hire the Premises must be surrendered in the same condition that it was in at the start of the hire period. Any costs incurred by TNS arising out of any breach of this condition shall be paid by the Hirer.
1.7 No nails or fixing of any kind shall be driven or put into any wall, floor, partition, pillar, ceiling, fitting or furniture of any kind. No furniture or fittings or equipment shall be moved or removed by the hirer without permission from TNS. No bills, placards, posters or notices of any description shall be posted on or against any part of the exterior of the premises or inside the premises without permission from TNS.
1.8 All furniture, apparatus, appliances, equipment and other supplies brought or sent to the Premises by or on behalf of the Hirer shall be unloaded, placed in position and removed by the Hirer at such time or times as the Authorised Person may direct.
1.9 TNS shall ensure the Hirers vehicles can gain suitable access to the site without delay upon arrival. Any restrictions to the site will be notified to The Hirer in advance of the booking.
1.10 Should the Hirers vehicle/equipment/units fail be unable to leave the site due to adverse weather conditions, breakdown etc. it is the responsibility of the Hirer to provide suitable recovery with immediate effect.
1.11 The use of any equipment provided by TNS is at the risk of the Hirer and TNS will accept no liability or responsibility for it unless any damage to it is due solely to the negligence of TNS or its employees.
1.12 The Hirer shall be wholly liable and responsible for any of TNS’s equipment used by Hirer or by Hirer Personnel.
2. Payment and Additional Charges
2.1 Hirer is required to pay 25% of the Fee by way of a deposit at the time of booking.
2.2 Hirer is required to pay the remaining 75% of the Fee seven (7) clear days prior to commencement of the Period of Hire, unless otherwise agreed with the Authorised Person.
2.3 Bookings may only be extended beyond the Period of Hire with the prior consent of the Authorised Person and any additional services or modifications to the booking must be paid for by the Hirer.
2.4 The Hirer may be charged an additional fee at the discretion of TNS where the Premises are returned in a damaged condition.
2.5 Bookings cancelled between thirty (30) and fifteen (15) working days before the Period of Hire will be subject to a charge of 25% of the total Fee.
2.6 Bookings cancelled between fourteen (14) and seven (7) working days before the Period of Hire will be subject to a charge of 50% of the total Fee.
2.7 Bookings cancelled less than seven (7) days before the Period of Hire will be subject to the total Fee.
2.8 TNS may cancel the booking at any time without stating a reason, and if so TNS shall refund to the Hirer all monies paid by Hirer to TNS. Any monies payable for the Period of the Hire unpaid at the time of cancellation shall cease to be payable unless the cancellation is due to some act or default of the Hirer provided always that TNS shall not be liable to pay any compensation to the hirer in respect of such cancellation.
2.9 The Fee will be inclusive of normal heating and normal lighting of the Premises (but not further or otherwise), but TNS shall not be responsible for any failure thereof or defect to the heating and/or lighting or loss or damage resulting therefrom unless due solely to TNS’s negligence.
2.10 The Hirer will be separately billed for electricity consumed during the Period of Hire.
2.11 The Hirer shall be liable to pay interest on any overdue sums and payable to TNS from time to time at the rate of four per cent (4%) per annum above Barclays Bank base rate.
3. Insurance
3.1 TNS is covered by The Northern School of Art insurance policy and includes public liability of up to 15m, property damage up to 10m, business interruption up to 4.5m.
3.2 The Hirer must effect its own insurance cover and keep covered throughout the Period of Hire all risks and liabilities in the sum of not less than £10million and must effect its own cover against loss damage or theft of its own equipment brought onto the premises, equipment hired in by themselves and equipment owned by TNS included within the booking for the Premises during the Period of Hire. All equipment must be covered by the insurance of the Hirer for the entire period that it is at the premises of TNS, i.e. from the time it is delivered to the Premises until it is collected by, or delivered to, the sub-contractor or Hirer. Under no circumstances will TNS entertain any claims arising out of any failure of the Hirer to effect its own insurance cover. The Hirer must send to TNS, by mail or e-mail, a copy of their production insurance certificate prior to the commencement of the booking.
4. Health & safety and Security
4.1 The Hirer is responsible for providing a health and safety risk assessment relating to the Purpose of Hire, and to take suitable steps to implement the appropriate health & safety measures and procedures.
4.2 The Hirer shall not carry out special stunts or effects (e.g. animals and insects, armourers, asbestos, diving and water effects, explosives, fire effects and pyrotechnics; flying ballet; lasers and lighting effects; scaffolding and similar structures; specialised rigging and wiremen; hydraulic hoist contractors, smoke effects and stunt artists) without permission and the agreement of a risk assessment with the Authorised Person. Stunts and effects must be supervised by experienced and qualified personnel, and full insurance taken out to cover such stunts/effects. This is the responsibility of the Hirer at all times.
4.3 Where the Hirer engages a sub-contractor for the provision of specialised stunts or effects, the Hirer must obtain a written risk assessment from the sub-contractor and incorporate such assessment in the Hirer’s own risk assessment referred to in 4.1.
4.4 The Hirer shall not permit the use of any naked lights without permission.
4.5 The Hirer shall not bring or permit to be brought onto the Premises any weapons, explosives, inflammable material, fireworks or other pyrotechnics or permit the use of any naked lights in any part of the premises without permission and the agreement of a risk assessment with the Authorised Person.
4.6 The Hirer shall not bring or permit to be brought onto the Premises any electrical appliance or additional lighting effect without the prior written consent of the Authorised Person, who may as a condition of his/her consent require that before any such electrical appliance and/or additional lighting effect is used it shall be inspected and approved by a competent electrical engineer approved by TNS.
4.7 Alcohol may not be brought on to or consumed on the Premises without prior consent of the Authorised Person.
4.8 The Hirer shall, during the period of Hire, be responsible for keeping the conditions imposed form time to time by the Authorised Person and ensuring that all doors giving exit from the premises shall be kept unlocked and unobstructed, and immediately available for exit during the whole time the Premises are in use and no obstruction shall be placed or allowed to remain in any corridor giving access to or exit from the Premises.
4.9 The Hirer undertakes to make all necessary arrangements to protect its own equipment throughout the Hire Period (including overnight) from vandalism, theft and other risks. Security requirements will include appropriate provision of security staff and fencing and/or barriers to restrict or prevent unauthorized access to the equipment throughout the Period of Hire. TNS will not be responsible for the safety or security of any possessions or equipment of the Hirer or its sub-contractors and any items left on, in or in the vicinity of the Premises is done so at the Hirer’s risk.
5. Indemnity
5.1 The Hirer shall be liable for and shall indemnify TNS against all actions, proceedings, claims, damages, charges, costs, expenses whatsoever brought or made against TNS in respect of any damage, theft or loss of property, goods, articles or things placed, deposited, brought into or left upon the Premises or other part of the building of which the Premises forms a part either by the Hirer for its use, the Hirer Personnel or by any other person using the Premises by reason of the Purpose of Hire unless due to the negligence of TNS, its servants or agents.
5.2 The Hirer shall be liable for, and shall indemnify TNS against all actions, proceedings, claims, damages, charges, costs expenses whatsoever brought or made against TNS in respect of any personal injury to or the death of any person arising out of or in the course of the hire of the Premises by the Hirer, unless due to negligence of TNS, its servants or agents.
5.3 The Hirer shall be liable for, and shall indemnify TNS against actions, proceedings, claims, damages, charges, costs expenses whatsoever suffered by TNS arising from the Hirer’s breach of any of the warranties, undertakings or agreements on its part in connection with this Agreement.
5.4 In the event that the Hirer shall actually suffer any loss or damage arising directly from the negligence or breach of contract or breach of statutory duty of TNS then other than in cases of death or personal injury TNS’s liability therefore shall be limited in any event to the level of the amount of Fee paid by the Hirer at the time of such occurrence.
6. Studio Breakdown
6.1 TNS shall not be liable for any loss due to any industrial action, breakdown of machinery, failure of supply of electricity, leakage of water, fire, Government restrictions or any other circumstances beyond its reasonable control, which may cause the Premises or any part thereof to be temporarily closed or the booking to be interrupted or cancelled, nor for any failure of the Hirer to gain access to the Premises unless due to negligence of TNS, their servants or agents.
7. Termination
7.1 If the Hirer fails, in the opinion of the Authorised Person, to comply with the provisions in this Agreement, he/she shall be permitted to suspend or terminate the Period of Hire with immediate effect and the immediate clearance of the Premises may be required. TNS will not be liable for any damages arising from termination of the Agreement in accordance with this clause.
7.2 On termination in line with clause 7.1 above, the Hirer will not be entitled to a refund of any part of the Fee, and any part of the Fee or additional expenses owing, as outlined in clause 2 of this Agreement, shall be paid in accordance with normal invoice requirements.
8. Miscellaneous
8.1 The Premises are available for the exclusive use of the Hirer named on the Booking Form. The Hirer shall not assign, sub-contract or sub-let any interest in the Premises or any part of it, and shall not use the Premises for any other purpose than that set out on the Booking Form, without the prior written consent of TNS.
8.2 The Hirer shall procure that neither the Hirer nor any of the hirer’s Personnel shall be held out as an agent of or pledge the credit of TNS.
8.3 The terms of this Agreement, including the Booking Form and any agreed Fee, are confidential between TNS and the Hirer and shall not be disclosed other than as required to be disclosed by either party to its shareholders or advisors to enable such party’s normal business practices.
8.4 This Agreement constitutes the entire agreement between the parties and neither party shall be bound by any other statement or representation made to the other.
8.5 No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto.
8.6 In the event that any art of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court or competent jurisdiction then the balance thereof shall remain in full force and effect.
8.7 All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by email (provided that proof of transmission can be produced) to the address or email address respectively of the applicable parties named contact specified on the Booking Form on the date of delivery or transmission or if sent by recorded delivery post to such address within two (2) working days of posting.
8.8 This Agreement shall be construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.