Myrtle Studios T&C’s

Myrtle is a studio business. These terms apply to any arm of its business but there are service specific conditions at the end of the document that relate to booking types.

1.GENERAL TERMS
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 Myrtle but includes any freelancers who are hired at the Client’s request through Myrtle.

On booking Myrtle for the purposes of filming, photography, performance or live broadcasting, the Client accepts that they are satisfied with the facilities and that they have deemed them suitable for the purposes of the hire. These Terms constitute the entire agreement between Myrtle 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 Myrtle.

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

2.INTELLECTUAL PROPERTY

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, Myrtle acknowledges that the Client is the sole producer of any and all content produced as a result of using Myrtle’s studios and or any other Myrtle Facilities or facilities contracted on the Clients behalf.

The Client hereby grants Myrtle the limited right to exhibit Client materials, or excerpts thereof, on Myrtle’s website, in press releases, or social media for the limited purpose of demonstration of Myrtle‘s work in accordance with standard industry practice.

3.ORDERS, QUOTATIONS, PRICING AND PAYMENT

No order will be binding on Myrtle unless or until such order has been accepted in writing. Verbal orders may be accepted at Myrtle’s discretion. Once accepted, an order may not be cancelled other than with Myrtle’s written consent and will be subject to these terms.
Unless expressly stated otherwise, a quotation is valid for 30 days only from when it was issued.
Verbal confirmation is not an accepted booking confirmation method. The booking is only confirmed once the Client has confirmed in writing.
The Client is required to provide all information related to the booking as requested in the Myrtle Booking Form. Myrtle will issue a written Confirmation along with the booking form.
All work will be done at Myrtle’s relevant rate card unless an alternative written quotation has been agreed. Where estimates are given, they shall not be binding. All prices are subject to VAT, Sales Tax, or other applicable taxes, payable by the Client at the appropriate rate.

Clients are required to pay fees upon on completion of the booking form in accordance with payment date and terms on following invoice. Special Events will be subject to different payment terms. By proceeding with the booking, the Client agrees to the current Terms and Conditions.
Myrtle reserve the right to add, amend, or change any clause in the Terms and Conditions at any time.
Myrtle accepts payment by Bank transfer and if any sum payable by the Client is not paid by the due date for payment, Myrtle shall be entitled to:
halt the provision of services where relevant;
charge interest on all outstanding sums at the rate of 6% per annum above the base rate of Barclays Bank plc from the due date until the date of payment, payable on demand;
withdraw any applicable discounts and to charge the full amount in accordance with the current rate card; and
vary any credit limit going forward.

4.CANCELLATIONS OR PROBLEMS
1. Once a booking is confirmed all fees are payable per Rate Card.
2. In the event of studio cancellation by the Client, Myrtle may be able to offer a credit against monies paid for an alternative date. However, this may take into account losses that cannot be recovered such as freelance staff.
3. If the booking is cancelled by Myrtle, all deposits will be returned to the Client in full.
4. If Myrtle cancels or changes the booking, it will not be liable for any additional cost incurred as a result.
5. 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).
6. The Client shall not be entitled to make deductions from any payment due to Myrtle in respect of any off-set or counterclaim.
7. Cancellations around special events will attract a 100% cancellation fee, Clients will be informed in advance if their booking is classed as a special event.

5.STUDIO AND OFFICE FACILITIES
A Myrtle representative will be usually on hand during the Clients booking to ensure that the space is used effectively and safely. The role of the Myrtle 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.
It is the responsibility of the Client to specify formats and any blackout required IN ADVANCE where required. Any media generated should be checked by the Client to ensure correct aspect ratio, format etc. The studio hire hours start from the time the hirer enters the studio. 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 left tidy by the Client.
The Client agrees to compensate Myrtle for loss, damage or distress to equipment, facilities, or to the fabric of Myrtle, if caused by the Client.
Myrtle cannot under any circumstances be held responsible for fines incurred by the Client or visitors who park their vehicles in contravention of prevailing traffic laws.
Myrtle 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.
Myrtle does not provide catering (unless specifically agreed in advance, and subject to additional charge).
If the Client has props or equipment delivered to the studio before the booking, this needs to be arranged with Myrtle to allow free access etc. Every delivery should be agreed and confirmed by Myrtle as part of the booking confirmation process. Any heavy or oversized item must be delivered by specialists. If in doubt, please ask.
Rigging of heavy set/overhead elements will have to be performed by appropriate staff, and may 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). 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 booking. We always try to accommodate overtime requests (a standard booking is 9 hours). Myrtle charges different rates for Planned and Unplanned Overtime. For Planned and Unplanned Overtime charges please refer to Rate Card for relevant studio: For avoidance of doubt Planned Overtime is additional time agreed before commencement and Unplanned Overtime is any time agreed after shoot commencement. Overtime may not be possible due to other bookings or time worked by staff on any given day.

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 Booking Form, are to be included in the studio hire.
Only the specified equipment and personnel (crew, cast, production, and audience) are allowed on the premises, as per the Booking Form.

8.STUDIO MECHANICAL & ELECTRICAL
Myrtle presumes anyone operating its equipment is qualified and competent to use it. It is the Clients responsibility to predetermine that all THEIR crew members are capable and qualified for the job they are doing. The Client will be held liable for any misuse or damages incurred.
Myrtle is liable for the safety of its own electrical equipment.
Myrtle 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.
Myrtle allows photographers to bring their own personal e.g. camera, without surcharge. Myrtle can provide consumables to the Client at a separate charge. The Client may bring their own consumables if preferred.
Power cuts from external sources are not deemed to be the responsibility of Myrtle; the studio will not be held liable for any losses incurred as a result of power cuts or other electrical failures.

9.HEALTH & SAFETY
Whilst in Myrtle 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. Myrtle 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 / models, plus liability to any third parties involved.
The Client is responsible for the health & safety of their shoot.
In the event of injury, Myrtle 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 Myrtle building, the Client must leave the building until an all clear has been given. UNDER NO CIRCUMSTANCES is the use of inflammable liquids and of pyrotechnics allowed at Myrtle. 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

Myrtle is not responsible for the Clients 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 Myrtle 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 Myrtle in advance as a precaution.

11.TERMINATION
Myrtle 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 Myrtle;
Other than for the purposes of amalgamation or reconstruction, Myrtle 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.

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 Myrtle against the Client prior to the date of termination.

12.COMPLETION AND DELIVERY

Myrtle 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 Myrtle to meet any delivery date and time of completion.

13.STORAGE OF CLIENT MATERIALS
Props, lighting or  other Client materials will be stored for a maximum of 7 days.
Myrtle shall be entitled to destroy or dispose of any Client Materials not collected from Myrtle within three months after the completion of any Services and, until collected, such Client Materials shall be held by Myrtle at the Client’s sole risk and liability.
Myrtle 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 informed by Myrtle (“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 21 days of notification of completion of the Services, Myrtle will be entitled to charge and the Client obliged to pay Storage Charges.

14.FORJE MAJEURE
Myrtle shall not be under any liability to the Client as a result of Myrtle 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. Myrtle 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

Myrtle shall use reasonable skill and care in performing the Services.
15.1. Myrtle 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.
15.2. Myrtle 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 Myrtle 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 Myrtle;
Any death or injury occasioned to any Client occasioned by the use of the Studio or any Equipment.
Any failure on the part of Myrtle to comply with its obligations to the Customer due to any circumstances beyond the control of Myrtle.
15.3. The Client’s particular attention is drawn to the fact that prices quoted for the work undertaken by Myrtle do not take any account of any special value of any Client Materials passed to, or stored by, Myrtle. 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 Myrtle’s prices for Services. The Client will insure all Client materials passed to Myrtle against all risks to their full replacement value (including any consequential loss they may suffer as a result of its loss or damage) and Myrtle accepts no liability whatsoever for any loss or damage caused by the default or negligence of its servants, agents, sub-contractors or equipment.

15.4. Myrtle’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 Myrtle under such contract.
15.5. Nothing herein shall be construed as excluding or limiting Myrtle’s liability for death or personal injury caused by Myrtle’s negligence.
15.6. The Client shall indemnify Myrtle, 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.
15.7. The Client warrants that:
where Myrtle 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 Myrtle 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 Myrtle’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
Myrtle reserves the right to sub-contract at its discretion and without notice to the Client.

18.LICENCE TO OCCUPY
Any occupation of Myrtle’s premises by the Client will:
not confer exclusive occupation on the Client who shall occupy as licensee only;
not create any relationship of Landlord and Tenant; subject to Landlords and Tenant act;
be personal to the Client;
(unless otherwise agreed) be subject to the payment of a licence fee as imposed by Myrtle.

19.MISCELLANEOUS
Any notice given under these Terms may be served by posting the same by ordinary recorded delivery or registered mail or email, where via mail in an envelope pre-paid and addressed to the recipient at the address of the recipient last known to the sending party. Such notice so posted shall be deemed to the served on the 2nd day after the same was posted.
Myrtle reserves the right to make changes to these Terms from time to time. An up-to-date copy will be available at MyrtleStudios.co.uk/terms, to download, or on request.
No failure or delay by Myrtle 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 Myrtle 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.
Myrtle cannot guarantee that it’s facilities are allergen free.