TOOTING FILM STUDIOS
TERMS AND CONDITIONS OF STUDIO &
PROFESSIONAL SERVICES AND EQUIPMENT HIRE
1.TERMINOLOGY
1.1 Tooting Film Studios T/A Lorente Film Ltd. will be referred to as the “Company”.
1.2 The person or organisation with whom the Company contracts with will be referred to as
the “Client”.
1.3 The Company and the Client together will be referred to as the “Parties”.
1.4 All filming locations, including Tooting Film Studios of Unit 2, 14 Locks Ln, Mitcham
CR4 2JX, will be referred to as the “Location”, if the reference is solely to the Tooting Film Studios it will be referred to as the “Company Location”.
1.5 All goods and services described will be referred to as the “Equipment”.
1.6 Any project or filming will be referred to as a “Production”.
1.7 This legal form outlining the “Conditions” agreed between the Company and the Client
will be referred to as the “Agreement”.
1. 8 The services and/or hire provided by the Company to the Client under this engagement
will be referred to as the “Services”.
2.TERMS
2.1 This Agreement constitutes all the terms agreed between the Parties and cannot be
varied unless agreed in writing by the Company. If any of the Conditions do not apply to the
specific services being provided by the Company, this shall not affect the validity of the
remaining Conditions.
2.2 The Client is not entitled to assign, let or sublet or otherwise amend any rights and
obligations under this Agreement.
2.3 This Agreement shall be governed by and construed in accordance with the Laws of
England and Wales and be subject to the jurisdiction of the English and Welsh Courts.
2.4 This agreement (together with the documents referred to in it) constitutes the entire
agreement between the parties and supersedes and extinguishes all previous discussions,
correspondence, negotiations, drafts, agreements, promises, assurances, warranties,
representations and understandings between them, whether written or oral, relating to its
subject matter.
2.5 Except for rights expressly granted under this agreement, nothing in this agreement will
function to transfer any of either party's Intellectual Property rights to the other party, and
each party will retain exclusive interest in and ownership of its Intellectual Property
developed before this agreement or developed outside the scope of this agreement.
3.WARRANTIES
3.1 The Client warrants that they have the power and authority to enter into this Agreement.
3.2 The Client has made all the necessary enquiries in relation to the Location and/or
Equipment hire and is satisfied with the condition, quality and description.
3.3 The Client warrants and undertakes to the Company that it shall comply with all national
and international laws, statutes and regulations applicable to the receipt of the Services and
its business provided always that in the event of a conflict, the laws and regulations of
England and Wales shall prevail.
3.4 The Client warrants that its performance of all obligations under this Contract does not
infringe in any way, directly or contributorily, upon any third party’s intellectual property
rights, including, without limitation, patent, copyright, trademark, trade secret, right of
publicity and proprietary information.
4.CLIENT RIGHTS
4.1 The Company grants the Client access to the agreed Location and/or Equipment for the
confirmed booking period.
4.2 The Company grants the Client non-exclusive access to the kitchen, bathroom and
allocated storage facilities at the Location for the confirmed booking period.
4.3 The Company grants the Client permission to film, photograph and record any part of the
Company Location, excluding the kitchen, bathroom, offices and storage facilities. The
Company does not grant permission to film the exterior (including signage) of the Location
unless otherwise agreed to in writing in advance to the confirmed booking period.
4.4 Subject to 3.4 and 4.3, the Client will own all the rights to all original material recorded on
the Location.
4.5 Subject to all other clauses in this Agreement, The Client has complete editorial control
over their Production(s).
4.6 The Client has no obligation to the Company to include any recordings made at the
Location or with the Company’s Equipment in their Production(s).
4.7 The Company will not disclose any details or information about the Client’s Production(s)
to anyone except from the Company’s staff/subcontractors on a need-to-know basis, unless
otherwise agreed and approved by the Client in writing.
5.PRODUCTION SPECIFICS
5.1 The Client accepts full responsibility for any Client third parties, such as talent,
subcontractors or clientele they have invited or inadvertently invited to the Location and shall
indemnify and hold harmless the Company for any of their acts or omissions, including theft
or damage they may cause.
5.2 The Client guarantees that no weapons such as guns or knives or prop weapons will be
brought to the Location, subject to clause 5.4.
5.3 The Client guarantees no illicit drugs or prop drugs will be brought to the Location,
subject to clause 5.4.
5.4 If prop weapons or drugs are needed as part of a Production, the Client will provide an
in-detail risk assessment for review to the Company with a minimum of 10 working days
ahead of any Production taking place.
5.5 The Company will notify all relevant authorities if any unpermitted weapons or drugs are
witnessed onsite at the Location and the Client will accept full responsibility for any time,
financial or reputational loss they may incur and indemnifies the Company against any claim
or demand.
5.6 The Company reserves the right to refuse or cancel any hire with inadequate safety
measures in place and to circulate all necessary information about the Production to third-
parties. If the Client has confirmed booking and has not implemented adequate safety
measures, the hire fee is still payable.
5.7 Pornography Production is not permitted.
6. PAYMENT
6.1 The Client shall pay the full balance of Location and/or Equipment hire to the Company
at the time of booking and before the hire period to confirm the Services. The hire shall be
subject to VAT. Any additional Equipment required during the booked period will need to be
paid for immediately.
6.2 On the occasion Company credit is given, the Client shall pay a late payment fee of £150
plus interest on any overdue amount. Interest will be charged at the rate of 8% above the
annual Bank of England base rate accruing daily. The interest will be invoiced separately
every 15 days. Every new invoice will be subject to this Agreement and liable for additional
late payment fees.
6.3 The Client agrees to repay the Company on demand all expenses and costs due if the
Client breaches the Conditions.
7. TITLE
7.1 The Client has no rights of ownership of the Location/Equipment prior to, during or after
the booking period.
7.2 All Equipment must remain safe and secure onsite at the Location for the duration of the
booking. period unless otherwise agreed and signed in writing by the Company.
7.3 The Client shall keep the Location/Equipment free from any distress.
7.4 The Client shall not let, lend, sell, assign, transfer, charge, destroy, or part with
possession of the Location/Equipment.
8. LIABILITY AND INSURANCE
8.1 The Client must have public liability insurance to a minimum of £1,000,000 and provide
documentation before booking period.
8.2 The Client must have ‘hired equipment insurance’ to a minimum of £30,000 and must provide relevant
documentation before the booking period. Hire equipment insurance should cover the full
replacement value of the Location/Equipment which should particularly cover loss by fire,
flood, theft and accidental damage.
8.3 The Client shall be liable for any loss, theft, destruction or damage to the
Location/Equipment.
8.4 In the instance when a claim is required, as deemed by the Company, the Client
irrevocably offers the option to the Company to be appointed as its agent for the purpose of
negotiating with the insurers and receiving all Monies payable. The Client will maintain all
premiums to ensure the validity of the insurance until the claim is settled.
8.5 The Client must notify the Company in writing within 24 hours if the Location/Equipment
is lost, stolen, destroyed or damaged. They must provide details in full of the circumstances
by which the Location/Equipment perished.
8.6 In the event that any Location/Equipment is damaged or not returned, the Client agrees
to pay the hire charges until the Company receives the replacement or repaired item back
and agrees to pay reasonable hire charges incurred by the Company for replacement
Location/Equipment until the Location/Equipment is repaired to the Satisfaction of the
Company or an accepted replacement is provided.
9. LOCATION/EQUIPMENT USE
9.1 The Client will keep the Location/Equipment in the same condition in which it was found.
Any loss or damage will be reported and not attempted to be repaired or replaced without
the Company’s knowledge.
9.2 The Client shall ensure that the Location/Equipment is operated by suitably skilled and
experienced professionals who have a good and competent knowledge, on the
Location/Equipment as would be expected from a reasonable professional.
9.3 The Client shall ensure the Location/Equipment will not be used in any way the
manufacturer did not intend or could put the Location/Equipment at any risk.
10. LIMITED INDEMNITY
10.1 The client will not be liable to the Company for any Injury and physical damage which
directly arises from Company negligence, or any defect or malfunction of the
Location/Equipment provided, the Company is liable.
10.2 Excluding Clause 10.1 the Company shall not be liable for any injury to persons.
10.3 The Company shall not be liable for any financial, reputational or any other loss
excluding Clause 10.1 suffered by the Client as a result of any part of the
Location/Equipment malfunctioning.
10.4 The Client fully indemnifies and holds harmless the Company against any claims or
demands made upon the Company for loss, injury or damage for which the Company is not
liable.
11.TERMINATION
11.1 If the Client fails to observe and perform any of the Conditions, the Company reserves
the right to terminate the hire period without prior written notice to the Client.
11.2 If the Client is unable to pay its debts within the meaning of Section 123 of the
Insolvency Act 1986, has been appointed an administrator or any other reasonable
indication they are unable to settle any debts, the Company reserves the right to terminate
the hire period by written notice to the Client.
12. BOOKING, CANCELLATION AND OVERTIME
12.1 A booking is considered confirmed when the Company receives the agreed funds as
per the invoice sent requesting funds. For the avoidance of doubt, the Company will not
reserve the Services, including required dates for completion, dates until requested funds
are received.
12.2 If a confirmed booking is shortened or cancelled less than:
- 30 days before the date of the booking a charge of 25%
- 15 days before the date of the booking a charge of 50%
- 7 days before the date of the booking a charge of 100%
of the total booking will be deducted from any deposit payment
12.3 Unarranged overtime will be charged per hour that overtime is required at 20% of the
total value of the day rate for the Services.
13. FORCE MAJEURE
13.1 Neither party shall be liable for any failure to fulfil its obligations under the Contract by
reason of any event beyond its reasonable control including but not by way of limitation Acts
of God, strikes, lockouts, war, riot, civil commotion, order or Act of Government (whether
national or international), any such occurrence being deemed an event of force majeure.
13.2 If either the Company or the Customer is prevented or delayed from performing any of
its obligations under the Contract by an event of force majeure then that party shall be
entitled by notice in writing to the other party given at any time during the subsistence of the
event to suspend the Contract for the duration of the event. Where the party giving notice is
unable to proceed with the Contract by reason of matters arising from the event for a
reasonable period of time following notice of suspension then such party shall have the right
to terminate the Contract with immediate effect in writing.
14. LEGAL PARTNERSHIPS
14.1 This agreement is only for the purposes of hiring goods and services (the
Location/Equipment) from the Company. Neither the Company or the Client is an agent,
owner, or partner of the other and this agreement does not form any legal partnership or
joint venture.