Terms and Conditions

These Terms and Conditions apply to the hire of studio space, premises, facilities, equipment and related services provided by Pentonville Studios Ltd, registered company number 16274857, whose principal place of business is at Arch 348, 37 Ermine Mews, Laburnum Street, London, United Kingdom, E2 8BF, and which can be contacted at info@pentonvillestudios.com.

By confirming a booking, paying a deposit, or using the premises, the Client or Hirer agrees to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions, the following expressions shall have the following meanings:

“Company” means Pentonville Studios Ltd, registered company number 16274857, of Arch 348, 37 Ermine Mews, Laburnum Street, London, United Kingdom, E2 8BF.

“Client” or “Hirer” means the person, firm or company entering into the contract with the Company, and if more than one, each shall be jointly and severally liable for the obligations of the Client under the contract.

“Contract” means the agreement between the Company and the Client, incorporating these Terms and Conditions and any quotation, invoice, booking confirmation, hire agreement or other written confirmation issued by the Company.

“Premises” or “Studio” means the studio, event space, and/or any other part of the Company’s premises hired by the Client.

“Event” means the session, production, booking, shoot, meeting, workshop, event or other use of the Premises described in the booking.

“Services” means any services provided by the Company, including but not limited to studio assistance, technical support, crew, operators, production support, and any services of assistants, freelancers, technicians or subcontractors arranged by the Company.

“Equipment” means all lighting, grip, furniture, fixtures, props, AV, studio equipment and any other equipment provided by the Company or made available at the Premises.

“Term” or “Hire Period” means the period booked by the Client for use of the Premises, Equipment and/or Services, including any agreed set-up and take-down time.

2. General

2.1 These Terms and Conditions constitute the entire agreement between the Company and the Client unless otherwise agreed in writing by an authorised representative of the Company. This reflects the approach taken in both source documents.

2.2 The Contract is personal to the Client and may not be assigned, transferred, sublicensed or sublet without the prior written consent of the Company.

2.3 The Company reserves the right to update its rates, service lists and hire charges from time to time. Any quoted rates are subject to confirmation at the time of booking. This consolidates the rate and pricing language from the BAD STAR terms with the separate charging structure in the Anomalous document.

2.4 Nothing in these Terms and Conditions shall exclude or limit liability where such exclusion or limitation is not permitted by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. This preserves the statutory carve-out contained in the source wording.

3. Booking and Confirmation

3.1 Bookings may be made provisionally by email or in writing but shall not be binding until confirmed by the Company.

3.2 The Company may require the Client to sign a hire agreement, booking confirmation, quotation, invoice or other written confirmation. Payment of a deposit or invoice shall also constitute acceptance of these Terms and Conditions, following the structure used in both examples.

3.3 The Client must inform the Company at the time of booking of:
a. the purpose for which the Premises are required;
b. the nature of the Client’s business or activity;
c. the expected number of persons attending;
d. any unusual production requirements, technical requirements, hazardous materials, animals, minors, catering, alcohol service, amplified music, or other special circumstances.

3.4 The Company reserves the right to refuse any booking in its absolute discretion.

3.5 The Client must notify the Company of the expected attendance no later than 7 days before the Event where requested by the Company, and the actual attendance must not materially exceed the notified number without prior written consent.

4. Operational Times and Overtime

4.1 Unless otherwise agreed in writing, standard operational hours are 09:00 to 18:00 Monday to Friday.

4.2 Use of the Premises outside standard hours must be agreed in advance and may be subject to additional out-of-hours or overtime charges.

4.3 All set-up, rehearsal, loading, unloading, derig and take-down time must be included within the hours booked. If the Client exceeds the booked period, overtime charges shall apply at the Company’s prevailing rates.

4.4 Bookings may only be extended with the Company’s prior consent.

4.5 Where the Event includes music, alcohol, or activity extending into evening hours, the Company may impose additional staffing, security, stewarding, cleaning or other conditions.

5. Deposits, Payment and Charges

5.1 Unless otherwise agreed in writing, the Company may require a deposit to secure a booking.

5.2 For bookings made one week or more in advance, the Company may require a deposit of 50% of the booking fee to secure the booking, with the balance payable no later than 72 hours before the Event.

5.3 Where the Client is an approved account holder, invoices must be paid within 30 days of the hire date unless otherwise stated in writing.

5.4 The Company may require full payment in advance for first-time clients, private events, high-risk bookings, or where the Company reasonably considers this necessary.

5.5 Any additional charges incurred during or in connection with the booking, including but not limited to extra Equipment, Services, technicians, crew, cleaning, security, overtime, resetting, repairs, waste removal, storage, delivery coordination, or other agreed variations, shall be invoiced to and paid by the Client. This draws from both source documents’ additional-charges provisions.

5.6 The hire charge shall commence when the Premises and/or Equipment is made available to the Client or at the booked start time, whichever is earlier, and shall continue until the Premises and/or Equipment is surrendered and vacated, or the hire period ends, whichever is later.

5.7 Any sums overdue shall bear interest at a rate of 8% above the Bank of England base rate, accruing daily until payment is made in full.

5.8 The Company may require a refundable damage deposit for bookings considered high-risk. The Anomalous draft used a 30% deposit for high-risk events, which is a sensible optional protection to preserve here.

6. Cancellation and Postponement

6.1 If the Client wishes to postpone a confirmed booking, notice must be given as early as possible and, unless otherwise agreed, at least 48 hours before the hire period begins.

6.2 If the Client cancels more than 7 days before the Event, the Company may retain 10% of the total booking fee or such reasonable administrative costs as have been incurred.

6.3 If the Client cancels within 7 days of the Event, the Company may retain the deposit or charge 50% of the booking fee.

6.4 If the Client cancels within 72 hours of the Event, the full booking fee shall be payable.

6.5 If the Client cancels within 24 hours of the booking start time, the full day rate or fullbooking fee shall be payable.

6.6 The Company may terminate or cancel the Contract if:
a. the Client fails to make payment when due;
b. the Client breaches these Terms and Conditions;
c. the nature of the Event or Client activity is deemed unacceptable by the Company;
d. the Client fails to comply with health and safety requirements, legal requirements, or reasonable site rules; or
e. circumstances beyond the Company’s reasonable control prevent the Company from making the Premises available.

6.7 If the Company cancels due to circumstances beyond its reasonable control, its liability shall be limited to refunding monies paid by the Client, less any reasonable external costs already incurred specifically in relation to that booking where such deduction is lawful and has been clearly communicated.

7. Use of the Premises

7.1 The Premises are provided for the exclusive use of the Client named in the booking, and the Client may not permit any third party to use the Premises without prior written consent.

7.2 The Client shall comply, and shall ensure that all guests, contractors, staff, crew and invitees comply, with:
a. all applicable laws and regulations;
b. all health and safety, fire, licensing and statutory requirements;
c. any house rules, rules of conduct or site instructions issued by the Company.

7.3 The Client shall ensure that no nuisance, disturbance, obstruction, unlawful activity or anti-social behaviour is caused to the Company, neighbouring occupiers, residents, visitors or third parties.

7.4 No alterations, decorations, additions, painting, rigging, fixing, drilling, taping, set-building, signage installation or other changes to the Premises may be made without the prior written consent of the Company.

7.5 At the end of the Hire Period, the Client shall leave the Premises in the same condition as at the start, fair wear and tear excepted. The Client shall remove all sets, props, personal items, equipment, rubbish, catering, and materials brought onto site, unless otherwise agreed. If the Client fails to do so, the Company may arrange removal, storage, disposal, cleaning or resetting at the Client’s expense.

8. Facilities and Services

8.1 The Company shall use reasonable endeavours to provide the Premises, facilities and Equipment in a usable condition for the agreed booking.

8.2 Unless otherwise agreed, the facilities may include basic access to power, existing studio furniture, standard house lighting, agreed AV capability, Wi-Fi, kitchenette facilities, toilet facilities and basic induction where such facilities exist at the Premises. This takes the most useful operational wording from the Anomalous draft without overcommitting beyond what is booked.

8.3 Any additional technical support, specialist Equipment, operational training, staffing, or technician attendance requested by the Client may be charged separately and should be requested in advance.

8.4 Where the Company arranges assistants, freelancers, subcontractors or other personnel at the Client’s request, the Company shall not be liable for loss or damage arising from their acts or omissions except to the extent required by law.

9. Equipment

9.1 Any Equipment supplied by the Company shall be used entirely at the Client’s risk, except to the extent loss or injury is caused by the Company’s negligence or breach of duty.

9.2 The Client must inspect Equipment upon delivery or at the start of the Hire Period and notify the Company immediately if any Equipment is damaged, unsuitable or not in acceptable condition.

9.3 The Client may not, without prior written consent of the Company:
a. remove Equipment from the Premises;
b. modify, alter or tamper with Equipment;
c. use Equipment otherwise than in accordance with manufacturer recommendations or Company instructions; or
d. permit Equipment to be used by untrained or unauthorised persons.

9.4 Equipment must be returned at the end of the Hire Period in the same condition in which it was supplied, fair wear and tear excepted. The Client shall pay the repair or replacement cost of any lost, stolen or damaged Equipment.

9.5 Any equipment brought onto the Premises by the Client is at the Client’s sole risk and responsibility. The Client shall ensure that all such equipment complies with applicable legal and safety requirements, including PAT testing where required.

10. Insurance and Risk

10.1 The Company shall maintain appropriate insurance in respect of the Premises and its own Equipment against normal commercial risks.

10.2 The Client shall be responsible for arranging its own insurance, including:
a. public liability insurance;
b. employers’ liability insurance;
c. insurance for its own equipment, props, stock, products and belongings;
d. insurance for cancellation, postponement, business interruption, consequential loss and loss of profit.

10.3 The Client is responsible for all persons brought onto the Premises directly or indirectly by the Client, including guests, crew, contractors, suppliers and caterers.

10.4 The Client shall carry out its own risk assessment where appropriate and shall be solely responsible for the safe conduct of its Event, activity, production and participants.

11. Minors

11.1 The Client shall be responsible for ensuring that all persons under the age of 18 attending the Event have the permission of a parent or legal guardian where required, and that all legal requirements relating to minors, safeguarding, photography and filming are complied with.

12. Catering, Food and Drink

12.1 Food and drink may only be brought onto or consumed at the Premises with the Company’s prior consent and in accordance with any site rules.

12.2 The Client shall ensure that all catering waste is disposed of properly and that all unused food, drink, catering equipment and packaging are removed at the end of the Hire Period unless otherwise agreed.

12.3 No naked flame, gas cooking, hazardous heating equipment or other prohibited catering methods may be used at the Premises unless specifically authorised in writing.

12.4 Where alcohol is to be served or consumed, the Client must notify the Company in advance. The Company may require additional security, staffing or compliance measures.

13. Cleaning, Resetting, Breakages and Damage

13.1 The Client is responsible for all breakages, losses, damage, excessive mess, abnormal cleaning requirements, and reinstatement costs caused by the Client or any person attending or working at the Event on the Client’s behalf.

13.2 Basic post-use cleaning may be included in the hire fee where stated, but the Company reserves the right to charge additional cleaning fees for excessive cleaning, specialist cleaning, waste clearance or any cleaning beyond ordinary use.

13.3 The Company may charge the Client for resetting, repair or reinstatement work required to return the Premises to their prior condition where the Client has made alterations or caused damage.

13.4 Any damage to property, facilities, Equipment, furniture or fixtures may be assessed after the Event and charged to the Client at the reasonable cost of repair or replacement.

13.5 The Company may, at its discretion, specify in the booking confirmation whether any damage cap applies to a particular booking. Unless expressly agreed in writing, no damage cap shall apply.

14. Limitation of Liability

14.1 The Company shall not be liable for:
a. any loss of or damage to the Client’s property or the property of the Client’s guests, contractors or invitees;
b. any indirect or consequential loss;
c. loss of profit, loss of revenue, loss of use, loss of opportunity, loss of production time, or business interruption;
d. breakdown, stoppage or failure of utilities, internet, AV, building systems, facilities or Equipment, except where caused by the Company’s negligence and subject always to clause 14.3.

14.2 The Company gives no warranty that the Premises or Equipment are suitable for any particular purpose unless expressly agreed in writing.

14.3 Nothing in these Terms and Conditions limits or excludes the Company’s liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation; or
c. any other matter which cannot lawfully be limited or excluded.

14.4 Subject to clause 14.3, the Company’s total aggregate liability arising out of or in connection with the Contract shall not exceed the total fees paid by the Client for the relevant booking.

15. Indemnity

15.1 The Client shall at all times keep the Company indemnified against all actions, proceedings, costs, charges, claims, expenses, and demands whatsoever which may be made or brought against the Company or the servants or agents of the Company by any third party in respect of any alleged injury loss damage or expense arising out of or in connection with the use of the studio or equipment or services supplied by the Company even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of the Company, its directors, servants, or agents, save in respect of any death or personal injury caused by the negligence of the Company as aforesaid.

16. Termination

16.1 The Company may terminate the Contract immediately by notice to the Client if:
a. the Client fails to pay any amount due on time;
b. the Client commits a material breach of these Terms and Conditions;
c. the Client becomes insolvent or unable to pay its debts;
d. the Event presents, in the Company’s reasonable opinion, a safety, legal, reputational or operational risk; or
e. the Client or its attendees behave in a manner that is unsafe, unlawful, abusive or disruptive.

16.2 On termination, the Client shall immediately vacate the Premises if required by the Company and shall remain liable for all sums accrued due up to the date of termination, together with any additional losses reasonably incurred by the Company as a result of the breach.

17. Notices

17.1 Any notice under the Contract shall be given in writing and sent by email to the email address provided by the receiving party in the booking or correspondence, adopting the practical notice mechanism in the contract.

18. Force Majeure

18.1 The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to fire, flood, storm, utility failure, industrial action, civil unrest, pandemic, government restriction, supplier failure or other unavoidable event.

19. Variation

19.1 No variation of these Terms and Conditions shall be effective unless agreed in writing by the Company.

20. Governing Law and Jurisdiction

20.1 These Terms and Conditions and any Contract to which they apply shall be governed by and construed in accordance with the laws of England and Wales.

20.2 The courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract.