Studio Hire – Terms and Conditions
Last updated: 10/05/2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before hiring Loic Valmy Broadway Academy (“LVBA”) studios and spaces.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all hirers, as well as their clients/visitors and participants.
The Spaces and studios are traded and hired as ‘ALCHEMY STUDIOS BRISBANE’ or ‘ALCHEMY STUDIOS’.
By accessing or using the Service you agree to be bound by these Terms.
- GRANT OF LICENCE TO USE HIRED SPACE
- In consideration of the Hirer paying the Hire Fee, ALCHEMY STUDIOS BRISBANE hereby grants the Hirer a non-exclusive license to occupy and use the HIRED SPACE on the Hire Date(s) and for the Hire Time set out in the Schedule.
- The rights granted to the Hirer are in the nature of a non-exclusive licence only and nothing in this Agreement grants the Hirer any right of tenancy or exclusive possession of the hired space or the Building.
- The Hirer acknowledges that the Venue and the other spaces may be used by other parties at the day and time of their booking.
- PAYMENT OF HIRE FEE, HOURLY RATE, COSTS AND CANCELLATION
- The Hirer must pay the Hire Fee at the time of their booking and/or as instructed on the invoice provided.
- ALCHEMY STUDIOS BRISBANE will not be obliged to license the hired space to the Hirer and may license the use of the hired space to another party if the entire Hire Fee is not paid in accordance with sub-clause 2 (3).
- If the Hirer has not paid the balance of the Hire Fee up to 48 hours prior to the Hire Date then the Hirer is deemed to have cancelled its booking.
- Cancellation from the hirer: Hirers can cancel their booking at anytime by emailing us or texting us.
General rules for all bookings (one-off and recurring):
– If the booking is cancelled by the hirer at least 2 weeks prior to the booking date, the booking will be fully refunded
– If the booking is cancelled by the hirer between 2 weeks and 48 hours to the booking date, the hirer will receive a 50% refund
– No refund will be issued if the booking is cancelled within 48 hours from and to the booking date
Recurring booking cancellation:
– If the hirer has booked several dates with us and wishes to cancel only one of those dates, the General rules applies (see above).
– If the hirer wishes to cancel the entirety of their booking or all the remaining dates of their booking, the Hirer must notify us at least 2 weeks prior to the date at which the recurring booking must stop. In this case, the hirer will receive a refund of the full amount of the remaining unused bookings.
– If the entire booking or the remaining dates are cancelled between 2 weeks and 48 hours prior to the date at which the recurring booking must stop, the hirer will receive a refund equal to 50% of the amount of the remaining unused bookings minus 2 weeks of cancellation fee.
– No refund will be issued if the booking is cancelled within 48 hours from and to the date at which the recurring booking must stop
- If the Hirer occupies the hired space prior to or after the Hire Time then ALCHEMY STUDIOS BRISBANE shall be entitled to charge the Hirer, and the Hirer will be liable to pay ALCHEMY STUDIOS BRISBANE, the Hourly Rate Fee set out in the Booking and pro rated for any part of an hour that the Hirer may so occupy the hired space .
- In addition to payment of the Hire Fee and the Hourly Rate Fee (if applicable), and any other rights that ALCHEMY STUDIOS BRISBANE may have arising from this Agreement, the Hirer must pay to ALCHEMY STUDIOS BRISBANE all costs for any damage to the hired space or the Building or the equipment and facilities located therein, any cleaning and reconfiguration of security devices required because of the use of the hired space by the Hire.
- In the case of recurring booking, the Hirer may request a payment settlement per year, term, month or week. In such case, the Hirer agrees for their booking and payment to be subjected to automatic renewal and their Payment Method to be charged accordingly at the end of each booking year, term, month or week for the next year, term, month or week.
- The following compulsory additional costs will occur under the following conditions:
– SECURITY STAFF: If alcohol is to be served and/or consumed in the premises and/or if the event is meant to run later than 11.00pm, ALCHEMY STUDIOS BRISBANE may decide to hire, at the hirer’s charge, a security staff or an ALCHEMY staff member to ensure the correct development of the event
– CLEANING BOND: Any booking where food and drink are served and consumed will trigger a refundable $200 cleaning bond. As per article 3/20, the hirer agrees to return the booked space in the same state of cleanliness as they were when the booking started. If the hirer fails to do so, ALCHEMY STUDIOS BRISBANE is entitled to keep the entire $200 bond to pay for professional cleaning
- ALCHEMY STUDIOS BRISBANE reserves the right to modify their hiring rates at any time during the year; however, the hiring rate will not be altered or modified during the Hirer’s booking term (year, term, month or week). The hiring rate can only be modified BEFORE the renewal date of a recurring booking and the hirer will be notified 3 weeks before the renewal of their booking.
- OBLIGATIONS OF THE HIRER
- The hirer must only use the hired space for the Purpose and during the Hire Time set out in the Schedule and not sub-lease, sub-license or otherwise permit any other party to use the hired space other than the Hirer’s clients/visitors and participants;
- The hirer must not sell goods or services, carry on any activity at the hired space which is dangerous, noxious, offensive, illegal, noisy or objectionable, use the hired space as a place of public entertainment or have any live music at the hired space without prior consent;
- The hirer must ensure that neither the Hirer, its employees/clients/visitors or participants interfere with the use of the Building by any other person and do not enter any parts of the Building except the Lobby, the hired hired space , bathroom/kitchen facilities and those areas reasonably required to access the hired space and enter and exit the Building;
- The hirer must clean the hired space , remove all rubbish from the hired space and the Building attributable to the Hirer’s use and return the hired space to its condition prior to its use by the Hirer;
- The hirer must not use, modify or take any equipment belonging to other Hirers that may be stored or placed within the hired space or the Building without first obtaining the consent of ALCHEMY STUDIOS BRISBANE ;
- The hirer must not bring into the Building or the hired space any heavy equipment or machinery nor attach or affix any nails, screws, adhesive tape, signs or anything to the walls, doors, ceilings and floors of the hired space and the Building without obtaining the written consent of ALCHEMY STUDIOS BRISBANE and, if such consent is given with any conditions, then the Hirer must comply with those conditions;
- The hirer must not park any vehicles within or upon any entrance to the Building nor block any doors or entrances/exits to the hired space and the Building;
- The hirer must remove all equipment brought by the Hirer into the hired space , make good any damage to the hired space or the Building caused by the removal, ensure that the hired space and the Building are secure upon the Hirer’s departure;
- The hirer must not interfere with, affix or alter any emergency exit signs, fire doors, emergency exits, fire extinguishers, fire sprinkler systems, lighting, electrical and utilities cables and conduits, sound systems or any equipment or materials located throughout the hired space or the Building;
- The hirer is responsible for the conduct and behaviour of all the employees/clients/visitors and participants of the Hirer and the loss of any of their property, personal items or equipment;
- The hirer must not conduct activities of more than 30 people at one time without ALCHEMY STUDIOS BRISBANE’s consent
- The hirer agrees that alcohol cannot be sold on the premises under no circumstances without a proper license delivered by the Queensland government.
- The hirer acknowledges that it must respect the quiet enjoyment of the neighbourhood within which the Building is located and local residents and the quiet enjoyment of the Building that other Hirer’s may enjoy and ensure that all persons leaving the hired space do so in an orderly and quiet fashion;
- In consideration of local residents and the invitees of the Hirer, the hirer must keep amplified noise to an acceptable and appropriate level and, in any event, at a level no greater than 5 decibels from outside the Building or such other level as ALCHEMY STUDIOS BRISBANE or any Authority may prescribe from time to time;
- The hirer must deal with any noise complaint by a neighbour of the Building in a proper and professional manner and adhere to any direction that may be given by any Authority or ALCHEMY STUDIOS BRISBANE before, during or at the conclusion of the Hirer’s use of the hired space ;
- The hirer must maintain a policy of public liability insurance for its use of the hired space with coverage of $20 million per event and supply ALCHEMY STUDIOS BRISBANE with a copy before the first Hire Date;
- The hirer must comply with any general hired space use information or reasonable direction provided by ALCHEMY STUDIOS BRISBANE to the Hirer at any time.
- The hirer acknowledges that ALCHEMY STUDIOS BRISBANE are not responsible for any loss or damage caused to the hirer’s equipment left on site outside of or during booking time
- The hirer acknowledges that the hirer will be held accountable for any loss or damage caused to ALCHEMY STUDIOS BRISBANE or other hirer’s equipment if the hirer failed to lock the premises properly and/or switch all lights/AC off upon leaving the premises.
- It is required for all hirers to clean up after their event/session and leave the studio in the same state as they found it.
- BOND & KEYS
- As security for performance of the Hirer’s obligations under this agreement, ALCHEMY STUDIOS BRISBANE may require the Hirer to deposit a bond for the amount set out as a Bond in the Booking. At the 10/05/2022, the amount of the bond is fixed to $150.00 (inc. GST)
- ALCHEMY STUDIOS BRISBANE can deduct from the Bond all monies required to rectify any breach of this Agreement by the Hirer
- After deduction of all costs ALCHEMY STUDIOS BRISBANE is entitled to deduct from the Bond, the balance (if any) will be refunded to the bank account or Credit Card nominated by the Hirer in the Schedule as soon as practicable following the Hirer’s use of the hired space.
- In the case of an one-off or occasional booking, a ALCHEMY STUDIOS BRISBANE staff will open and close the doors for the Hirer. In the case of regular of recurring bookings, the Hirer will receive a key from ALCHEMY STUDIOS BRISBANE . The key must not be shared, given and lent to anybody else but the hirer and their direct employees. The Hirer can keep the key as long as their booking is running. The key must be returned after the last instance of the booking and the bond will be refunded to the hirer. If the key is not returned within the next 2 weeks after the last instance of a booking, the hirer agrees to forfeit their bond.
- INDEMNITY BY HIRER
The Hirer indemnifies ALCHEMY STUDIOS BRISBANE for any injury, costs, loss or damage arising out of the use of the hired space and/or the conduct of the Hirer, its employees/clients/visitors and participants (including legal costs in a solicitor/client basis, damage to the hired space, the Building or the facilities located within the Building and injury, costs, loss or damage arising from failure by the Hirer to comply (or ensure compliance with) the Special Terms and Conditions relating to COVID-19, except where such injury, costs, loss or damage arises by the negligence of ALCHEMY STUDIOS BRISBANE
- RISK OF HIRER AND LIABILITY OF ALCHEMY STUDIOS BRISBANE
- The Hirer occupies the hired space entirely at its own risk.
- ALCHEMY STUDIOS BRISBANE shall not be liable to the Hirer or its employees/clients/visitors and participants for any loss of life, personal injury or damage to or loss of property which may be suffered or incurred arising out of the use of the hired space by the Hirer or the conduct of the function for which the hired space is hired, unless caused by reason of an act or omission of ALCHEMY STUDIOS BRISBANE .
- In no event shall ALCHEMY STUDIOS BRISBANE be liable for loss of profit or consequential damages in contract, warranty or otherwise to the Hirer arising from cancellation of the booking or otherwise.
- ALCHEMY STUDIOS BRISBANE may terminate this Agreement immediately upon giving notice to the Hirer and/or cause the use of the hired space by the Hirer to immediately cease if:
- the Hirer breaches any provision of this Agreement ;
- the Hirer substantially alters the use for which the hired space is hired without the prior written consent of ALCHEMY STUDIOS BRISBANE ;
- ALCHEMY STUDIOS BRISBANE becomes aware of conditions under which the Hirer’s use of the hired space could jeopardise public safety or order or involve an unacceptable risk of personal injury or damage to the hired space , the Building or the neighbouring surrounds; or
- the Hirer or anyone associated with the Hirer makes, in the opinion of ALCHEMY STUDIOS BRISBANE, disparaging or defamatory remarks whether written or oral in regard to ALCHEMY STUDIOS BRISBANE , any member of the Management or Board of ALCHEMY STUDIOS BRISBANE , the Building, or the hired space .
- FORCE MAJEURE
Performance of this Agreement is contingent upon the ability of ALCHEMY STUDIOS BRISBANE to complete same and ALCHEMY STUDIOS BRISBANE will not be liable to the Hirer for any failure to provide the hired space or utility services to the hired space due to causes which are beyond the reasonable control of ALCHEMY STUDIOS BRISBANE .
- NO WARRANTY FROM ALCHEMY STUDIOS BRISBANE
ALCHEMY STUDIOS BRISBANE gives no warranty that the hired space will be suitable for the use for which the hired space is intended to be hired by the Hirer and ALCHEMY STUDIOS BRISBANE will not be liable to the Hirer for any loss suffered by the Hirer as a consequence of the hired space proving not to be adequate for the Hirer’s use and purposes.
In the case that the studio hired online was no longer available, for any reasons including but limited to technical and safety reasons, ALCHEMY STUDIOS BRISBANE will make another studio with similar features and characteristics available for the hirer. The change of one studio for a similar one does not enforce the right to a refund.
- This Agreement is governed by the laws of the State of Queensland.
- The persons signing this Agreement warrant they are authorised to legally bind the respective parties on whose behalf they have signed this Agreement.