The following are terms and conditions for Whim Studio (ABN: 37 806 786 052). These Terms together with any other terms and conditions specified in any other documents incorporated by these Terms, form part of the contract between You and Whim Studio.

By making a booking with Whim Studio you agree to these terms and conditions. If you do not accept these terms and conditions, Whim Studio cannot proceed with your booking.

Please read the booking terms and conditions prior to making your booking. You will be required to agree to our terms and conditions before you can complete your booking.



 

1. DEFINITIONS:
 

1.1. In these Terms:
1.1.1 “Building” or “The Building” means the building where Whim Studio is located; B6/1 Campbell Pde, Manly Vale NSW 2093.

1.1.2. “Whim” “Whim Studio” “We” “Our” or “Us” means Kate Hunter and Lachlan Hunter trading as Whim Studio ABN 37 806 786 052.
1.1.3. “Equipment” means the equipment, furniture, or fittings residing in or as part of the studio.

1.1.4. “Props” means the hire props, plinths, paper rolls residing in or as part of the studio.

1.1.5. “Estimate” means any estimated costs we send You for fees in relation to Your Hire request.

1.1.6. “Hire Period” means the date and time You occupy the Studio until the end of the period specified in the Hire Confirmation.

1.1.7. “Hire Confirmation” means the final confirmation Whim Studio sends You incorporating any agreed Estimate.

1.1.8. “Studio” or “The Studio” means Whim Studio at B6/1 Campbell Pde, Manly Vale NSW 2093.

1.1.9.“You” or “Your” means the person or entity entering into the agreement to hire the Studio from Us.

 

 

2. GRANT OF LICENCE TO HIRE STUDIO

 

2.1. In consideration of You paying the Hiring Charges, we hereby grant You a non-exclusive licence to occupy and use the Studio for the Hire Period.
2.2. The rights granted to You are a non-exclusive licence only and nothing in these Terms grants You any right of tenancy or exclusive possession of the Studio.
2.3. The Hirer on the booking form is or are the only persons permitted to use the Studio premises and equipment.

2.3.1. The Hirer is not permitted to subcontract or sub-let the Studio or equipment to any third parties. 



2.3.2. Hirers may not remove or modify equipment in a way not recommended by the manufacturer or the Whim Studio team. 

 

3. AVAILABILITY

 

3.1. Whim Studio is available to hire 7 days of the week. The Building open hours are 8am to 5pm. 
3.2. If You want to hire The Studio outside these hours, You must contact Whim Studio when making Your booking.

3.2.1. Whim Studio reserves the right to charge a fee for any flexible hire times or additional hours outside of 8am to 5pm.

3.2.1.1. Flexible start times may be charged at a $100.00+GST per hour fee for starting any time before 8am or ending any time after 5pm.

3.2.1.2. Whim Studio Studios is able to be hired either by:
3.2.1.2.1. A Full Day consists of 9 hours from 8am to 5pm.

3.2.1.2.2. A Half Day consists of 4 hours either in the AM, 8am to 12 pm; or the PM, 1pm to 5 pm.

3.2.1.3. Additional hours can be added to Your hire by negotiation and are subject to availability. Additional hours are charged at Whim Studio extended hourly rate of $100.00+GST per hour.

 

 

4. BOOKINGS

4.1. If You wish to cancel a confirmed booking, the following cancellation fees may apply, for cancellations within (Cancellation fee): 

4.1.1. 1 Business Day of the commencement of Your booking: 75% of Your confirmed fees will be forfeited.

4.1.2. 2 Business Days of the commencement of Your booking: 50% of Your confirmed fees will be forfeited.

4.1.3. For all other cancellations: 25% of Your confirmed booking fees will be forfeited.
4.1.4. In extenuating circumstances, We may agree (at Our sole discretion) to waive the Cancellation Fee when a booking is cancelled.

4.2. If You wish to reschedule a confirmed booking, the following rescheduling fees may apply, for rescheduling within:

4.2.1. 1 Business Day of the commencement of Your booking: 25% plus administration fee of $200 + GST

4.2.2. 2 Business Day of the commencement of Your booking: 10% plus administration fee of $200 + GST

4.2.3. In extenuating circumstances, We may agree (at Our sole discretion) to waive the administration Fee when a booking is rescheduled within the next business week.

4.3. Additional fees will be incurred if you use the studio longer than Your specified hours.

4.4.1. Your booking time includes bump in and bump out which includes all set up and pack up needs. Any additional time will be billed hourly past the agreed booking at $100 p/h (+ weekend loadings if applicable). Please ensure you arrive on time and are packed up and ready to leave by your agreed scheduled finishing time.

 

 

5. CLEANING, DAMAGE & EQUIPMENT

 

5.1. The studio is provided in an “as is” condition and must be left within the boundaries of “reasonable” wear and tear in the space.

5.1.1. If You leave the Studio or return Equipment in an excessively dirty or unsatisfactory condition (as determined by Us at Our sole discretion), You must pay for the reasonable costs of cleaning.

5.1.2. Without limitation, Studios left with foreign substances such as spills, food, glitter or confetti or other such items Whim Studio will issue an invoice for the reasonable costs of cleaning.

5.2 Upon leaving the studio, it is expected that all areas used will be left in the condition they were provided to you in.

5.2.1. A cleaning fee (as determined by Us at our sole discretion) will be charged if this request is not followed applying to the level of manner it was left in.

5.2.2. If the cyclorama wall is unreasonably dirty after your booking, you will incur a repaint fee of $250+GST  which is due and payable within 7 days.

5.3. If you require a fresh coat of paint on the cyclorama surfaces for the commencement of Hire you need to provide the studio with 7 days notice. An extra fee of $250+GST is payable on this request.

5.4. If background paper is damaged, creased, stained or deemed unfit for future use, the hirer will be charged $30 per linear metre, due and payable within 7 days.

 

 

6. CYCLORAMA WALL

6.1. When using the cyclorama section of the Studio, it is important that no person, props or equipment is placed or steps on any section of the curved wall.

6.2. If the cyclorama wall is damaged, we will organize repairs and invoice you for said repairs, which will be due and payable within 7 days.

 

 

7. 

SOUND

7.1. Sound recording is achievable but not guaranteed to be of any standard. We recommend you inspect the studio prior to your booking to determine suitability.

 

 

8. YOUR OBLIGATIONS

8.1. When hiring the Studio, You confirm that You have read and will comply with, and will ensure that each of Your Personnel and guests attending or using the Premises complies with our terms and conditions.

8.1.1. If at any time (at our sole discretion) We believe that You or Your Personnel or Guests are being unsafe, or using the space in a disrespectful or unsatisfactory manner, We reserve the right to require You or Your Personnel or guests to cease the activity which we consider is such, or to require that You or Your Personnel leave the Premises.

8.2. When hiring Our Equipment, You acknowledge that Our Equipment is for professional use and is highly technical.

8.2.1. You confirm that You understand and will ensure that any of Your Personnel who may use the Equipment understand how to use and operate the equipment in accordance with the manufacturer’s and Whim Studio directions.

8.2.2. With the exception of any of Our Equipment, You must ensure that any Equipment You bring to the Premises is safe to use.

8.2.3. Any electrical Equipment You bring onto the Premises must be tested for electrical safety and have a current (i.e. tested within the last 12 months) electrical safety test tag affixed in accordance with AS/NZS 3760:2010.

8.3. If You choose to have Your Property delivered to Whim Studio and stored outside the building in advance as preparation for a shoot:

8.3.1. We recommend that any valuable property is not delivered until You have Personnel on site to accept it.

8.3.2. We take close care to supervise the Premises and be diligent in the security of the space but due to high traffic, we cannot be responsible for Your Property.

8.3.3. You must take responsibility for all Your Property on the Premises and make appropriate arrangements to ensure it is safe and secure. If You leave Your Property unattended, You do so at Your own risk.

8.3.4. To the fullest extent permitted by law, We exclude liability for loss or theft of, or damage to, Your property, except to the extent such loss, theft or damage is caused by Our wilful misconduct. 

 

 

9. INDEMNITY, LIABILITY & INSURANCE

9.1. Nothing in these Terms purports to limit any implied warranties under any Australian law that cannot be limited, including the Consumer Guarantees under the Australian Consumer Law.

9.2. Whim Studio recommends that the Renter obtains sufficient insurance to cover its potential liabilities under these Terms and Conditions. Whim requires that if You are hiring the studio You have public liability insurance to a minimum level of $5 million.

 

 

10. GENERAL 

10.1. If any provision of these Terms is unenforceable for any reason, such provision shall be severed from these Terms and the remaining Terms and will remain in full force and effect.

10.2. These Terms are governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.