Brooklands Studios Terms & conditions
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Terms & conditions

Terms & conditions

Terms and Conditions

1. General terms

i.            For the purposes of this document, the term CLIENT is taken to mean the company or individual who books the facilities, plus any agents, colleagues, audience, clients, freelancers, friends, staff and assistants who are employed by, working with or otherwise present at the studio by the invitation of the CLIENT. It does NOT include freelancers or staff contracted by BROOKLANDS STUDIO, but includes any freelancers who are hired at the CLIENT’s request through BROOKLANDS STUDIO.

ii.            On booking BROOKLANDS STUDIO for the purposes of filming, photography, performance, live or broadcasting, the CLIENT accepts that they are satisfied with the facilities and that they have deemed them suitable for the purposes of the hire.  They will have returned a signed Project Acceptance Form (PAF) or agreement outlining terms of use of the facility or live broadcast.

iii.            These Terms constitute the entire agreement between BROOKLANDS STUDIO and the CLIENT and shall apply to the exclusion of any other representation, whether express or implied, written or oral made by or on behalf of BROOKLANDS STUDIO.

iv.            In these terms, unless notified to the contrary in writing, BROOKLANDS STUDIO shall be entitled to rely on instructions given to it by any third party purportedly on the Client’s behalf.

2. Intellectual property

i.            Title in and to and all Intellectual Property Rights in the CLIENT’s content, logos and/or the clients television channels (and any content contained in it) vests in and shall remain vested in the CLIENT. For the purposes of this Agreement, Intellectual Property Rights means any and all intellectual property rights in any and all media whether or not registered or capable of registration including, without limitation, copyright (existing as at the date of this Agreement or arising any time thereafter), patents, trademarks, service marks, trade names, domain names, design rights, database rights, know-how and any applications for the protection or registration of these rights and the right to make such applications. For the avoidance of doubt, BROOKLANDS STUDIO acknowledges that the CLIENT is the sole producer of any and all content produced as a result of using BROOKLANDS STUDIO’s live links, offiste studios, main studios and or any other BROOKLANDS STUDIO Facilities or facilities contracted on the Clients behalf.

ii.            The CLIENT hereby grants BROOKLANDS STUDIO the limited right to exhibit CLIENT materials, or excerpts thereof, on BROOKLANDS STUDIO websites, in press releases, or in “demo reels” for the limited purpose of demonstration of BROOKLANDS STUDIO‘s work in accordance with standard industry practice.

iii.            The Client shall ensure that BROOKLANDS STUDIO is given screen credits in respect of the services in a form approved in advance by BROOKLANDS STUDIO.

3. Orders, quotations, pricing and payment

i.            All orders shall be placed by a duly authorised representative of the CLIENT in writing, accepting the quotation of BROOKLANDS STUDIO and where applicable. using the CLIENT’S authorised Purchase Order. No order will be binding on BROOKLANDS STUDIO unless or until such order has been accepted in writing. Once accepted, an order may not be cancelled other than with BROOKLANDS STUDIOS’ written consent and will be subject to these terms.

ii.            Unless expressly stated otherwise, a quotation is valid for 30 days only from when it was issued.

iii.            Verbal confirmation is not an accepted booking confirmation method. The booking is only confirmed once the CLIENT has signed the PAF Form, paid the required deposit, and been issued with a Booking Confirmation.

iv.            All work will be done at BROOKLANDS STUDIO’s relevant rate card, unless a written quotation has been agreed/a completed PAF form signed. Where estimates are given, they shall not be binding. All prices are subject to VAT, payable by the CLIENT at the appropriate rate in force at the time of invoicing.

v.            The CLIENT shall adhere to the payment terms detailed on the quotation from BROOKLANDS STUDIO.  Failure to make scheduled payments on the stated dates will leave any order liable to cancellation and payment, at full contract value, by BROOKLANDS STUDIO.

vii.            Any additional costs incurred, or services requested during a booking will be advised to the CLIENT with a separate quotation must be confirmed in writing, stating the agreed cost, before any such alterations or additions are supplied by BROOKLANDS STUDIO.  Payment terms for additions / alterations will be stated on the quotation from BROOKLANDS STUDIO.

viii.            By proceeding with the booking, the CLIENT agrees to and accepts these Terms and Conditions, which shall prevail over any Terms & Conditions of purchase of the CLIENT

ix.            BROOKLANDS STUDIO accepts payment by Bank Transfer  only.

x.            If any sum payable by the Client is not be paid by the due date for payment, BROOKLANDS STUDIO shall be entitled to:

a.       halt the provision of services;

b.       charge interest on all outstanding sums at the rate of 6% per annum above the base rate of HSBC Bank plc from the due date until the date of payment, payable on demand;

c.       vary any credit limit going forward.

4. Cancellations or problems

i.             If the CLIENT wishes to cancel or postpone a confirmed booking, this must be done at least 14 calendar days before the hire period starts in order to get a full refund (less £50 administration) or the following cancellation fees will apply:

Between 30 and 15 calendar days prior to the start of the booking– 25% cancellation fee

Between 14 and 8 calendar days prior to the start of the booking – 50% cancellation fee

Between 7 and 4 calendar days prior to the start of the booking – 75% cancellation fee

Between  3  and 0 calendar days prior to the start of the booking – 100% cancellation fee

i.            Any unrecoverable costs will be deducted by BROOKLANDS STUDIO from advance payments

ii.            In the event of studio cancellation by BROOKLANDS STUDIO, an alternative booking date will be offered to the customers at an agreed rate.

iii.            If the booking is cancelled by BROOKLANDS STUDIO, all deposits will be returned to the CLIENT in full, less any deductions notified in advance.

iv.             If BROOKLANDS STUDIO cancels or changes the booking, it will not liable for any additional cost incurred as a result.

v.            . Any query alleging a defect in the services must be raised in writing within 7 days of the CLIENT becoming aware of the alleged defect. Any query relating to an invoice (or pre-invoice) must be raised in writing within 14 days of such invoice (or pre-invoice).

vi.             The Client shall not be entitled to make deductions from any payment due to BROOKLANDS STUDIO in respect of any off-set or counterclaim.

5. Studio factilities

A BROOKLANDS STUDIO representative will be on hand during the CLIENT’s booking to ensure that the space is used effectively and safely. The role of the BROOKLANDS STUDIO representative is to assist the CLIENT in optimizing the space and to ensure no damage occurs to the premises and that health and safety is adhered to by the CLIENT. The Representative cannot be used as a runner, nor for the purpose of producing/directing the CLIENT’s product.

The studio hire hours start from the time the hirer enters the studio or the agreed start of the booking time.

The studio must be left in the condition that it was found. Unless other arrangements have been agreed in advance, any props/set or large items that need to be disposed of must be removed from the site by the CLIENT, and the studio must be generally cleaned by the CLIENT.

The CLIENT agrees to compensate BROOKLANDS STUDIO for loss, damage or distress to equipment, facilities, or to the fabric of BROOKLANDS STUDIO, if caused by the CLIENT.

Smoking/Vaping (E-Cigarettes) is not permitted anywhere within the studio premises.

BROOKLANDS STUDIO is covered by employer’s liability insurance and public liability insurance covering its staff and equipment.  The CLIENT is responsible for its own event and public liability insurance.

Tea and Coffee are provided free of charge on a self-service basis. Food and drinks can be arranged through BROOKLANDS STUDIO.

If the CLIENT has props or equipment delivered to the studio, this needs to be arranged within BROOKLANDS STUDIO’s office hours. Every delivery should be agreed and confirmed by BROOKLANDS STUDIO as part of the booking confirmation process.

Rigging of heavy set/overhead elements will require a separate risk-assesment, will have to be performed by appropriate staff and suppliers, and will be subject to additional charges.

There are occupancy limits in all parts of our facilities. Please make sure you book the spaces according to the number of attendees at your event.

A standard booking day is 9 hours (unless booked as a half day). Half days are generally bookable as mornings (approx) 0800-1230  or 1330-1800. Crew will require a one hour break for lunch. These timings include rigging and derigging.

OVERTIME

The CLIENT will be required to pay overtime for any staff who are on site above the standard 9-hour full day bookings.

Overtime is charged pro-rata in one-hour instalments according to the relevant Rate Card.

7. Booking

By proceeding with the booking you agree:

  • To abide by the T&Cs and the payment terms.

  • Only the requested and confirmed facilities and equipment, as per the Quote,  are to be included in the studio hire.

  • Only the specified equipment and personnel (crew, cast, production) are allowed on the premises, as per the Bookings requirement.

8. Studio mechanical and electrical

BROOLANDS STUDIO have preferred technical suppliers, crew and operators.

BROOKLANDS STUDIO is liable for the safety of its own electrical equipment.

BROOKLANDS STUDIO is not liable for any equipment failure and/or delays due to any electrical or mechanical fault.

The CLIENT should ensure that all electric equipment they bring to the studio is safety and PAT-tested.

BROOKLANDS STUDIO can provide electrical consumables to the CLIENT at a separate charge.

Power cuts from external sources are not deemed to be the responsibility of BROOKLANDS STUDIO; the studio will not be held liable for any losses incurred as a result of power cuts or other electrical failures.

9. Health and safety

Whilst in BROOKLANDS STUDIO facilities, the CLIENT is responsible for their own (and third parties’ employed through them) insurance cover against theft, loss or damage to their own equipment. BROOKLANDS STUDIO will not be held liable for any claims whatsoever made by the CLIENT.

The CLIENT is responsible and liable for their own insurance to cover personal injury to crew and cast, plus liability to any third parties involved.

The CLIENT is responsible for the health & safety of their shoot.

In the event of injury, BROOKLANDS STUDIO provides a First Aid Kit. However, the studio may be unable to provide First Aid qualified personnel.

In the event of a fire alarm or evacuation of a BROOKLANDS STUDIO building, the CLIENT must leave the building until an all clear has been given. Fire regulations are posted at various points through the facilities.

UNDER NO CIRCUMSTANCES is the use of inflammable liquids and of pyrotechnics allowed at BROOKLANDS STUDIO. A smoke machine can be allowed subject to special permission and fire alarm deactivation and reactivation charge.  This must be agreed in writing before booking.

10. Security

BROOKLANDS STUDIO operates internal and external CCTV camera recording equipment.

BROOKLANDS STUDIO is not responsible for the CLIENT’S lost, stolen or damaged goods or equipment on studio premises at any time.

All goods and equipment are brought into the studio premises entirely at the owner’s risk.

The CLIENT must inform BROOKLANDS STUDIO of certain aspects of a shoot that might necessitate specific precautionary measures or the provision of additional facilities or services. These include, but is not limited to, excessive noise (including music playback), set-builds, nudity, stunts, working with children or animals. If in doubt, the CLIENT should advise BROOKLANDS STUDIO in advance as a precaution.

11. Termination

BROOKLANDS STUDIO may summarily terminate any hire contract with the CLIENT if any of the following occurs:

If the CLIENT shall fail to pay any monies due to BROOKLANDS STUDIO;

Other than for the purposes of amalgamation or reconstruction, BROOKLANDS STUDIO may summarily terminate the contract if the CLIENT:

Enters into liquidation;

Has a receiver of assets appointed;

Is declared bankrupt;

Has a receiver order made against them.

If the CLIENT commits a criminal act or otherwise acts contrary to the laws of England and Wales, or the United States.

If the CLIENT is in breach of any of the terms of these Conditions and any such termination shall be without prejudice to any rights accrued to BROOKLANDS STUDIO against the CLIENT prior to the date of termination.

12. Completion and delivery

In all cases, delivery shall be considered to have occurred on successful connection of circuits under BROOKLANDS STUDIO’s control or direction to the relevant hand-off point as advised in the service confirmation.

At BROOKLANDS STUDIO’S sole discretion, it may agree (at the CLIENT’S sole expense and risk) to record content and then pack and despatch materials to any address specified by the CLIENT.

BROOKLANDS STUDIO shall use all reasonable efforts to deliver in accordance with delivery dates and times but shall not be liable for any loss or damages of any nature caused by any failure of BROOKLANDS STUDIO to meet any delivery date and time of completion.

13.Storage of client materials

BROOKLANDS STUDIO shall be entitled to destroy or dispose of any CLIENT Materials not collected from BROOKLANDS STUDIO within three months after the completion of any Services and, until collected, such CLIENT Materials shall be held by BROOKLANDS STUDIO at the CLIENT’s sole risk and liability.

BROOKLANDS STUDIO will only store CLIENT Materials on the written instructions of the CLIENT subject to the CLIENT paying (unless otherwise agreed in writing) monthly in advance storage charges at the rates published from time to time by BROOKLANDS STUDIO (“Storage Charges”) and any CLIENT Materials so stored will be stored at the CLIENT’s sole risk and liability.

If the CLIENT fails to take delivery of the Services and/or Customer Materials within 30 days of notification of completion of the Services, BROOKLANDS STUDIO will be entitled to charge and the CLIENT obliged to pay Storage Charges.

14. Forje majeure

BROOKLANDS STUDIO shall not be under any liability to the CLIENT as a result of BROOKLANDS STUDIO being unable to perform any of its obligations due to circumstances beyond its reasonable control including without limitation industrial action, act of God, fire, flood, storm, acts of civil or military authorities, war, terrorism, shortages of material or acts, omissions or failures of third parties or the CLIENT. BROOKLANDS STUDIO shall at its sole option be entitled to either perform such obligations as and when it is reasonably able to do so or to treat itself as wholly or partly released from all such obligations or instructions without liability.

15. Warranties and liability

BROOKLANDS STUDIO shall use reasonable skill and care in performing the Services.

1. BROOKLANDS STUDIO hereby excludes to the fullest extent permitted by law any and all warranties, terms and conditions other than those set out expressly herein (whether express, implied by statute, contract, course of dealing or otherwise) including without limitation any implied warranties as to fitness for purpose or satisfactory quality.

2. BROOKLANDS STUDIO shall not in any circumstance be liable for:

any loss of business, goodwill, reputation, contracts, opportunities or profits (in each case whether arising in the normal course of events or BROOKLANDS STUDIO knew of the possibility of such loss);

  • any indirect, consequential or special loss or damage;

  • or any loss of quality attributable to any process carried out during the performance of the Services. Any damage or loss of property by the CLIENT or a third party;

  • Any breakdown stoppage or failure of the facilities and equipment provided in the studio or any other equipment supplied to the CLIENT by BROOKLANDS STUDIO;

  • Any death or injury occasioned to any CLIENT occasioned by the use of the Studio or any Equipment.

  • Any failure on the part of BROOKLANDS STUDIO to comply with its obligations to the Customer due to any circumstances beyond the control of BROOKLANDS STUDIO.

3. The CLIENT’S particular attention is drawn to the fact that prices quoted for the work undertaken by BROOKLANDS STUDIO do not take any account of any special value of any CLIENT Materials passed to, or stored by, BROOKLANDS STUDIO. The CLIENT acknowledges that the cost of insuring CLIENT Materials against all risks to its full value (if such insurance could be obtained) would result in a substantial increase in BROOKLANDS STUDIO’S prices for Services. The CLIENT will insure all CLIENT materials passed to BROOKLANDS STUDIO against all risks to their full replacement value (including any consequential loss they may suffer as a result of its loss or damage) and BROOKLANDS STUDIO accepts no liability whatsoever for any loss or damage caused by the default or negligence of its servants, agents, sub-contractors or equipment save that BROOKLANDS STUDIO shall on request refund the current purchase cost of any blank film stock or video tapes or hard drives damaged or lost in its possession by reason of BROOKLANDS STUDIO’S negligence or default.

4. Save as set out above, BROOKLANDS STUDIO’s total liability for any and all loss or damage arising out of or in connection with any contract for Services with the CLIENT shall be limited to the total sums paid by the CLIENT to BROOKLANDS STUDIO under such contract.

5. Nothing herein shall be construed as excluding or limiting BROOKLANDS STUDIO’s liability for death or personal injury caused by BROOKLANDS STUDIO’s negligence.

6. The CLIENT shall indemnify BROOKLANDS STUDIO, its directors, employees, contractors and agents against any and all liability, costs, expenses, claims and demands of any nature whatsoever, arising out of or in connection with the CLIENT’s Materials and any acts or omissions of the CLIENT, its employees or representatives, including without limitation any breach of these Terms.

7. The CLIENT warrants that:

  • where BROOKLANDS STUDIO uses the CLIENT Materials, such use will not give rise to a breach of copyright trademark or any other proprietary interest of any third party; and

  • the CLIENT has made a security copy or second copy of the CLIENT Materials and any master copy.

16. Confidential information

The Client shall keep confidential and secure all information relating to BROOKLANDS STUDIO and the Services (the “Group Information”) and shall not disclose such Group Information to any third party (other than its employees or professional advisors who need to know the same) without BROOKLANDS STUDIO’s prior written consent save to the extent that any Group Information is a) in the public domain not through any fault of or disclosure by or on behalf of the CLIENT; or b) required by law to be disclosed.

17. Sub-contract

BROOKLANDS STUDIO reserves the right to sub-contract at its discretion and without notice to the CLIENT.

18. Miscellaneous

BROOKLANDS STUDIO reserves the right to make changes to these Terms from time to time. An up-to-date copy will be available on request.

No failure or delay by BROOKLANDS STUDIO in exercising any of its rights under these Terms shall be deemed to be a waiver of such breach or any subsequent breach of the same or any other term.

These Terms shall not be taken to constitute a partnership or the relationship of employer and employee.

These Terms and each contract between BROOKLANDS STUDIO and the CLIENT shall be governed by English law and subject to the exclusive jurisdiction of the English courts.

If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or applications and to this end the provisions of this Agreement are declared to be severable.