The hire of the studio for the period of Booking
The fee payable by the client to LML for the booking, as specified in email communication between the client and LML. If not specified, then calculated in accordance with LML’s published or usual scale of charges from time to time. To be deemed accepted when work begins if no prior acceptance is received by LML.
Equipment brought onto the premises by the client, or the client’s personnel or any servant, employee, agent or contractor for, or on behalf of the client.
Persons invited by the Client to enter the Studio or the premises during the booking.
London Media Lounge Ltd (Company Number: 13044242). (LML)
These terms and conditions
The maximum liability of LML to the client arising in connection with the booking is the full booking fee.
All parts of the building in which the studios are contained.
Any one or more pieces of recorded sound or video recorded or used during the Booking or which is the subject of Post Production Work
The rooms and all spaces at London Media Lounge.
A failure or breakdown or unavailability for any reason of the studio which prevents the Client’s use of the studio.
All company owned and/or controlled trademarks, logos and associated rights (whether registered or not).
The agreement alone applies to all facilities hired and work done by LML for the client and prevails over any terms and conditions put forward by the client.
2. Studio Facilities
LML shall make the studio and operators (where booked) available to the client for the period of the Booking and shall produce the master recording at the direction and subject to the monitoring and approval of the Client or the Representatives. The client shall only permit people directly involved in the Recording to enter the premises and only during the booking period. LML reserves the right to require any person to leave the premises.
The Client is responsible for:
Ensuring the suitability of the studio for the Client’s purpose
Ensuring any Client equipment is compatible with the studio
The technical quality of any video / audio recorded or engineered by personnel provided by the Client.
Any problem or damage caused by any use of the Client’s own equipment, including any virus damage.
The client fails to use the studio for any or all of the Booking period
The client cancels the Booking
LML terminates the Booking
LML may make the studio available for an alternative booking, without having to refund the fees or any part of the fees to the Client.
The Client shall pay the Fees to LML in cleared funds, in full, without any set-off, counterclaim, deduction or withholding
The Client shall pay invoices within the terms defined on the invoice.
The Client shall be liable to pay interest on any sums overdue at the rate of 4% per annum above LML’s bank base rate.
The Fees shall not be reduced as a result of:
The Client’s failure to use the studio for any or all of the Booking period
The Client’s cancellation of the Booking
4. OVERTIME FEES
If the period of the booking is exceeded for any reason, the Client shall be charged an overtime fee equal to a minimum of 25% on top of the agreed hourly fee, for each overtime hour used.
5. CLIENT’S OWN MEDIA, PERSONNEL AND EQUIPMENT
The client will be responsible for the integrity of the Client’s own media and equipment
The Client shall ensure that each of the Client’s personnel abide by the Company’s and Studio’s rules, regulations and health and safety and other policies and the client shall be responsible for:
The actions of The Client’s Personnel on the Premises
Any and all injury, loss or damage to any person’s equipment or premises caused by any act or omission of the Client’s personnel, or as a result of any defect in or inappropriate specification of the Client’s Equipment or the Client’s own media
The cost of the hire of any Client’s Equipment
Any costs and expenses incurred by LML on behalf of the Client at the Client’s request.
Any and all loss or damage to the Client’s Equipment (which shall be at the sole risk of the Client )
6. COMPLIANCE WITH LAWS and client’s obligations
In performing its obligations under the Agreement, the Client shall ensure that the Client’s personnel comply with all applicable laws, statutes and regulations in force, and obtain all necessary licences and consents to enable the Company to provide its services under the Agreement.
The client will ensure that where children/minors are used in productions, all necessary licences, work permits, permissions and insurance is obtained. The client will ensure adherence to rules regarding maximum working time and breaks, and use of chaperones. Where chaperones are used, they must remain on-site during the period of the child’s performance.
The Client’s access to the studio is limited to such areas that are necessary for the Booking or as directed or permitted by LML
LML, in its sole discretion, reserves the right to refuse entry by the Client or any client personnel to any area of its premises at any time.
Smoking on the premises is forbidden, this applies to anything that can be smoked and includes but is not limited to cigarettes, pipes, cigars, and herbal cigarettes. This is in the interest of hygiene, safety and the health of other users of the Studio.
Any client wishing to smoke must do so strictly within a designated outside area.
DRUGS & ALCOHOL
LML is committed to providing a safe, healthy and productive working environment for all employees, contractors, Clients, Client personnel and visitors involved in its operation.
The use of drugs on the premises by the client or client personnel is strictly forbidden
Where alcohol is bought into the premises by the client, it is the client’s responsibility to ensure any alcohol is consumed in a responsible and appropriate manner and does not cause a breach of any other term of this Agreement.
The client shall indemnify LML and keep LML indemnified in full against any injury, loss, damage, costs and/or expenses suffered by LML arising from or attributable to:
The Client’s cancellation of the Booking including without limitation any costs or expenses incurred by LML in connection with the booking.
The Client’s breach of the Agreement
The Client’s media or software
8. STUDIO BREAKDOWN WARRANTY
In the event of Studio Breakdown, including but not limited to equipment failure, memory card malfunction or human error, LML at its option shall either replace ( as soon as can reasonably be arranged) the studio facilities to which the Client was entitled or credit or refund to the Client the Booking Fee in respect of the Booking. LML shall have no liability or obligation to the Client beyond these remedies.
9. CLIENT RECORDINGS
All recordings from the studio are backed up on LML servers, unless the Client requests otherwise. Recordings are kept for 1 month after the session, after this, LML reserves the right to erase backup copies. It is the Client’s responsibility to make backup and archival copies of material recorded at LML.
Any Client material brought into the studio should be duplicates of master recordings. LML’s liability for loss or damage to Client recordings shall be limited to the value of the media on which it is stored.
10. INTELLECTUAL PROPERTY and non-solicitation
Trade Marks are the property of LML and the Client shall not use them unless authorised by LML to do so.
The Client Shall Indemnify LML and keep LML indemnified against any injury, loss, damage, costs and/or expenses awarded against or incurred or paid by LML as a result of, or in connection with any claim brought against LML, its agents, subcontractors or consultants for actual or alleged infringement of a third party’s rights.
11. FORCE MAJEURE
Notwithstanding any other term of the Agreement, LML shall not be under any liability for any failure to perform its obligations under the Agreement due to “Force Majeure”. Following notification by LML to the Client of such cause, LML shall be allowed a reasonable time for the performance of its obligations. For the purpose of the Agreement, “Force Majeure” means any matters beyond the reasonable control of LML, including without limitation:
Act of God, explosion, flood, tempest, fire or accident
Epidemic or pandemic, including without limitation, any outbreak of Covid-19
War or threat of war, sabotage, insurrection, civil disturbance or requisition.
Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority
Import or export regulations or embargoes
Strikes, lock-outs or other industrial actions or trade disputes ( whether involving employees of LML or of a third party)
Difficulties in obtaining raw materials, labour, fuel, parts or machinery
Power failure or breakdown of equipment
In the event of a force majeure caused by the Client which results in the cancellation of a session before it has commenced, then the booking cancellation policy applies. In the event of LML cancelling the session before commencement, LML in the first instance will look to reschedule the booking, failing that, will reimburse in an agreed manner any monies paid. In the event of a force majeure resulting in the cancellation of a session whilst taking place and LML is unable to fulfil its obligations, all costs incurred by LML at the point of cancellation will be deducted from any amounts paid, and unless agreed otherwise, 50% of the balance will be refunded in an agreed manner.
The Client shall procure that neither the Client nor any of the Client’s Personnel shall be held out as an agent of, or pledge the credit of the Company.
The Agreement constitutes the entire agreement betweenLML and the Client and neither party shall be bound by any other statement or representation made to the other.
No variation or amendment to the Agreement shall be effective unless made in writing and signed by LML and the Client.
If any part of the Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect.
For the purpose of the Contracts (Rights of Third Parties) Act 1999, the Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
All notices required to be given hereunder shall be in writing and deemed properly served if delivered by email (provided that proof of transmission can be produced)
The Agreement shall be construed in accordance with the laws of England and Wales and is subject to the exclusive jurisdiction of the English
The Client shall be deemed to accept the provisions of this Agreement (and any email from the Company relating to this Agreement) upon the commencement of the Booking, notwithstanding the absence of written confirmation of acceptance by the Client of this Agreement and any terms contained in any relevant email from LML.
13. CANCELLATION POLICY
More than 1 week prior to the start of the session: 90% refundable
Less than 1 weeks prior to the start of the session: 50% refundable
Less than 48 hours prior to the start of the session: the whole session fee becomes due and no refund is given.