Go backTerms & Conditions
Article 1 | DEFINITIONS
1. Studio91, established in The Hague, KvK number 82727686, is referred to in these general terms and conditions as service provider. 2. The other party shall be referred to in these general terms and conditions as the client. 3. The agreement means the contract of assignment under which the service provider makes a space available to the client against payment and under which the general terms and conditions have been declared applicable.
Article 2 | APPLICABILITY OF GENERAL CONDITIONS
1. These conditions apply to all offers, activities, agreements and delivery of services by or on behalf of the service provider to which it has declared these conditions applicable, insofar as these conditions have not been expressly deviated from in writing. 2. The terms and conditions shall also apply to the actions of third parties engaged by the service provider in the context of the assignment. 3. The latest version of these general terms and conditions shall always apply. 4. The applicability of the client's general terms and conditions is explicitly rejected. 5. If one or more provisions of these general terms and conditions should at any time be wholly or partially void or voidable, the remaining provisions of these general terms and conditions shall remain fully applicable.
Article 3 | OFFER AND QUOTE
1. If the offer does not specify an acceptance period, the offer will lapse after 14 calendar days. 2. The Serice provider cannot be held to its offer if the Client could reasonably understand that the offer, or any part thereof, contains an obvious mistake or slip of the pen. 3. Quotations do not automatically apply to follow-up orders. 4. A booking is only valid when placed through the designated systems. 5. Images of the location are as true as possible to the accommodation. However, no rights can be borrowed from these images. The Service provider is entitled to modify the layout if it deems this necessary.
Article 4 | RATES AND PAYMENTS
1. The agreement is entered into for a definite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing. 2. Placing a booking creates the obligation to pay. No option can be placed on a date. A date is only definitely reserved after full payment. 3. If more time is desired than previously agreed upon, the client must book additional hours. This is only possible if no other reservation has already been made for the extra time required. The service provider can never guarantee that the space can be used outside the initially reserved part of the day. 4. The fees agreed upon when entering into the agreement are based on the price level applicable at that time. The service provider has the right to adjust the fees at any time when changed circumstances demand it. Adjusted rates will be communicated to the client as soon as possible. 5. If the client is in default or omission in the fulfillment of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the client.
Article 5 | OBLIGATIONS OF THE CLIENT
1. The Client shall timely share all information with the Service provider relevant to the performance of the assignment. 2. The Client guarantees the accuracy, completeness and reliability of the data made available, even if they originate from third parties. The Service provider shall treat the data confidentially. 3. The Client shall indemnify the Service provider against any damage arising from failure to comply with the provisions of paragraph 1 of this Article. 4. Guests may never be present on the Service provider premises without the Service provider's consent, and doors must be locked at all times when leaving the premises. 5. The client is obliged to comply with the applicable rules.
Article 6 | EXECUTION OF THE AGREEMENT
1. The Service provider shall perform assignment to the best of its knowledge and ability. The service provider is not liable for not achieving the result that client intended. 2. Studio91 located at Spoorlaan 5 in The Hague. This studio is located on the ground floor, within the Garagepark premises. 3. The client is responsible for receiving guests, including models, photographers and other persons who will be working with during the time slot. The Service provider is not responsible for receiving clients, as the studio operates on the 24/7 self check-in basis. 4. Only groups with a maximum size of 5 people will be allowed in the studio. 5. The supply of any additional necessary photographic equipment is the responsibility of the client. There is studio equipment available as part of the service provided. All the equipment will be listed and provided to the client prior to the start of the service as part of the confirmation email for the booking. The client agrees to take a good care of the equipment provided and return it in the same state as received. If the equipment is returned in worsen state, broken or is stolen or missing, the Service provider can charge the client a fee to restore or purchase the broken, stolen equipment. 6. Keys to access the premises will only be provided to the client. It is forbidden to give these keys to third parties. Keys must be returned immediately after the rented period in the manner agreed upon. 7. It is forbidden to use flammable items or articles that can lead to damage or pollution of the premises. Also, smoking is not permitted in and around the premises. 8. The client is not allowed to use the space for pornographic expressions. 9. Without explicit consent by the Service provider, pets are not allowed in the studio. The client is allowed, under his own responsibility, to allow children in the studio. If they cause damage, this damage will be charged to the client. 10. Coffee and tea are always included in the service. Client is entitled to bring his own food and beverages. There is a refrigerator available. There is no possibility of catering by the Service provider. Client is responsible for the desired food and beverages. It is not allowed to consume food and beverages on couches, armchairs or counters. 11. After the rental period, the client must ensure that the studio is left (wiped) clean and that the heaters/AC and lights are turned off. If the studio is not left clean, the Service provider has the right to charge cleaning costs to the client. 12. Client is aware of the presence of neighbours and is expected not to cause (noise) nuisance. 13. Client, whether or not the person who placed the booking, is responsible for transferring the house rules to all persons who will be present during the booked time slot. 14. If this article is violated, or the house rules are violated, Service provider is entitled to charge a fine equal to the service fee, unless the costs associated with the violation exceed this amount.
Article 7 | RESERVATION
1. The smallest reservation is 2 hours and that starts once the client enters the premises and lapses when the studio is exited. 2. Client takes into account the desired preparation and possible run-out of a session when making the reservation. In case of overrun we charge extra costs.
Article 8 | AMENDMENT, CANCELLATION AND TRANSFER
1. Service provider has the right to refuse a booking. 2. In case of force majeure, the service provider is entitled to interrupt, move or cancel the agreement. Force majeure shall be deemed to exist, among other things, if the performance of the agreement is prevented, temporarily or otherwise, by circumstances beyond the Service provider's reasonable control, such as accidents or fire. 3. If the client wishes to cancel the agreement, this can be done up to 72 hours before the reserved time, in which case the client will receive a refund of the amount paid. If client wishes to cancel less than 72 hours before the reserved time, the amount paid will not be refunded but client can choose a new date or transfer the rental to another party free of charge. 4. In case of force majeure, parties may interrupt or move the agreement. There is a case of force majeure if the execution of the agreement is prevented, temporarily or otherwise, by circumstances beyond the reasonable control of the parties. These may include illness, accidents, fire, a pandemic or government measures. 5. In the case of a B2B agreement, the parties are obliged to reschedule the work. The payment obligation remains intact, unless otherwise agreed. 6. If the client wishes to move the agreement due to a pandemic, but the government measures do not make continuation of the agreement, whether in modified form or not, the Service provider is entitled to charge the costs associated with the move. 7. For relocations not resulting from a force majeure situation, these can take place once free of charge, if a new date and time is agreed immediately.
Article 9 | LIABILITY DAMAGE
1. Service provider is not liable for damages arising from this agreement, unless the damage was caused intentionally or with gross negligence. 2. Access to the premises takes place in principle at the client's own risk. If use of furniture or decoration involves an additional risk, this will be indicated with stickers. Client is obliged to handle this with care and bears the risk himself if these rules are not observed. 3. Service provider is not liable for damage caused by assuming incorrect or incomplete information provided by or on behalf of client. 4. Service provider is not responsible for acts and actions, including delays, caused by suppliers. 5. Service provider is not responsible for damage, loss or theft of personal belongings within the premises. If client leaves belongings overnight, client is responsible for this. 6. Service provider cannot be held liable for equipment or network connections not functioning. 7. Client is responsible for exceeding the agreed time frame. 8. Client is fully responsible for the behavior of the guests he brings along. 9. Client is obliged to have a valid third-party insurance. 10. Moving furniture, items and decorative walls is at all times at your own risk. 11. If client causes damage to equipment, he is obliged to compensate the assessed value. Damage to the floor can also be charged to the lessee. Service provider is also entitled to charge lost income. 12. In the event that the Service provider owes compensation to the client for causing direct damage, the damage shall not exceed the amount paid out by the liability insurance, or if no payment is made, the amount charged by the Service provider to the client, unless reasonableness and fairness require otherwise. 13. Client shall indemnify Service provider against all third party claims related to the services provided by Service provider.
Article 10 | INTELLECTUAL PROPERTY
1. The intellectual property rights to the materials and information provided by the Service provider to the client are vested with the Service provider. The client is expressly not allowed to reproduce, disclose or make available to third parties the materials and documentation and information provided without prior permission. 2. By entering into the agreement, the client gives the service provider permission to use visual material and brand names for portfolio, own website, advertisements, social media, magazine articles, printed matter, exhibition material and demonstration material, unless prior explicit objection is made. If personal data are visible on these materials, a consent form will be used. When posting content made in the studio, the client will tag Studio91 on instagram using @studio91.nl and the service provider will follow suit for cross-promotion purposes.
Article 11 | SPECIAL PROVISIONS
1. Both parties are bound to secrecy of all confidential information obtained within the framework of their agreement. Client is referred to the privacy statement for more information. 2. Service provider is obliged to exclude clients or guests who do not comply with the house rules or cause nuisance from the premises.
Article 12 | COMPLAINTS
1. The client is obliged to make complaints about invoices and/or the services provided known to the service provider in writing within 7 calendar days after the complaint arose. 2. Lodging a complaint does not suspend the payment obligation.
Article 13 | DISPUTES
1. These general terms and conditions are governed by Dutch law. 2. Parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement. 3. All disputes shall be settled by the competent court in the district in which the service provider is located, unless a legal obligation stipulates otherwise. 4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the lessor and third parties involved shall be 12 months.