TERMS & CONDITIONS
TERMS & CONDITIONS
The object of the rental contract is the transfer of the rooms mentioned therein with the agreed equipment. The hiring becomes with the signing of the lease (order confirmation), legally effective; No claim to conclusion of a rental agreement can be derived from an offer by the landlord or a term option.
The lessor is not responsible for the fact that the intended use of the tenant for real or legal reasons is feasible. A sublease or other transfer to third parties is not permitted without the express written consent of the landlord. The premises including inventory and equipment including accessories remain the property of the lessor. The landlord retains the house right in all available premises and is at any time entitled to enter it himself or have it entered by authorized persons.
The renter must comply with the existing house rules as well as all official regulations and regulations and ensure that they are complied with by all parties involved in the production. The noise caused by the tenant due to possible sources of noise (strobes, music, setup / dismantling, etc.) must be maintained at a moderate level. The premises have no sound proof and must not be used as a recording studio. The playing of live music, especially with loud instruments such as drums and electric guitar is prohibited. The tenant is obliged to treat the property of the landlord with care. The premises and equipment are deemed to have been taken in perfect condition, as far as any defects are not expressly reprimanded at takeover. The renter must notify the lessor immediately of any damage, defects or losses incurred during the rental period.
The tenant is prohibited from producing abusive, defamatory, anti-constitutional, racist, sexist, homophobic, violent or pornographic content in the spaces provided to him or her.
The rent price is a daily rent and includes a maximum rental period of 10 hours /day from 9.am to 7.pm.
Any hours before or later are counted as overtime and will be charged with a higher rate.
Overtimes are limited to 10.pm from Monday to Friday and until 9.pm on weekends.
The studio opens on weekends at 9.am.
For special opening on Sundays, a 20% fee is added to the rental price.
Any previous arrivals or later departures as well as deliveries - pickups must be discussed in advance with the studio team.
The agreed rental period is to be observed. If the tenant is in arrears with the eviction, then he will be charged an overtime per hour in excess of the basic rent. The premises are completely vacated and left in their original condition at the end of the rental period. Exceptions require the written permission of the landlord.
Photo shooting or video shooting in the yard, can be realized only with the prior permission of the landlord.
DELIVERY / PARKING FACILITIES
The access to the yard and thus the parking in the yard is excluded for insurance reasons.
For loading and unloading vehicles can stop in front of the gate and use Studio Chérie's transport carts.
Parking is available in the surrounding area or in the car park Karstadt - Hermannplatz.
For Equipment transporters & catering trucks, an unloading zone permit can be registered by customers in prior to the shooting to the Berlin Services & permits dept.
TERMS OF PAYMENT
The agreed rent is payable immediately after invoicing by the landlord and without deductions.
For regular business customers based in Germany, 70% of the rent is due on booking confirmation.
For new customers based in Germany and customers with headquarters outside Germany is a 100% deposit plus a copy of the ID or business registration required.
Payment of final invoice within 15 days according to invoice date.
Passed 15 days a daily fee of 8,12% will be applied to any balance unpaid (§ 286 Abs. 2 Satz 2 BGB).
All costs and fees are subject to the payment of VAT at the current rate. Since the rental of the photo studio is building-based, the service is taxed domestically at 19%.
Failure to comply with payment dates entitles the landlord to immediately terminate the lease.
The rental price includes all ancillary costs in the sense of the operating cost regulation (energy, heating, water). For the organization and storage of equipment and supplies, a service fee will be charged depending on the effort.
Equipment, catering, drinks and other services such as set construction, painting or assistance are not included in the studio rent and will be charged separately. The Studio reserves the right to charge a handling fee of 20% for services provided by third parties. Agreements deviating from the price list must be confirmed in writing. The landlord is entitled to charge the rent or parts thereof by separate agreement in advance.
Offsetting against earlier or future claims is excluded, unless they are undisputed or legally binding. Irrespective of this, the contractually agreed rental price must be paid in full, irrespective of whether the premises or equipment were actually used to the agreed extent by the hirer.
The use of continuous light (Tungstene and HMI) will be charged additionally with 0,40 € per kw / h. As far as the landlord on behalf of the tenant contracts with third parties, such as for equipment, catering, etc... these costs are to be paid by the tenant to the landlord at the end of the lease with a final invoice.
Any difference from the signed estimate will be considere on the final invoice.
A written e-mail booking confirmation, which is issued by the studio on the basis of a booking request, is binding for both contracting parties. The contract is also concluded if the parties haven't negotiated the studio price when booking. In this case, the tenant expresses his will to pay the normal rental price for the studio.
During the corona pandemic, the cancellation conditions remain unchanged, even if the shoots are postponed due to a corona case.
The tenant is responsible for finding a replacement for the person on his team who cannot work on the production day.
If the government and the Chamber of Commerce and Industry take restrictive measures and no longer allow photo shoots or shoots, there will be no cancellation fees.Cancellation fee is based on the agreed rent. It depends from cancellation time before the beginning of rent:
- 25% of the agreed rent if the cacellation is made more than 11 days before the beginning of rent.
COPYRIGHT & IMMEDIATE TERMINATION OF CONTRACT
The lessor is liable only for intent and gross negligence of its legal representatives or vicarious agents, in case of slight negligence only in case of breach of essential contractual obligations. This also applies to loss or damage of digital data in cameras and / or image recording and / or processing equipment. These limitations of liability do not apply to injury to the body, life or health. The strict liability of the landlord is excluded. Insofar as the contractual obligation refers to defects which already existed at the time of conclusion of the contract or upon delivery of the rental object, the lessor is not liable for slight negligence, without prejudice to the above provision. The landlord is not liable for objects brought in by the lessee, his agents or other persons involved in the production. The landlord ensures proper supply of the rooms with electricity, water, heating. However, it is not liable for damages that arise in connection with this, in particular by storms and interruption, unless these damages are due to intentional or grossly negligent acts or omission of the landlord. Insofar as faults or interruptions are caused by the electricity supplier or water supplier or supplier with heating energy, the renter's claims are limited to the assignment of the lessee's claims against the relevant service provider. The landlord is also not liable for damage caused by voltage drop or voltage changes.
For damage and loss of the rental object and the building, the associated facilities and equipment and property damage and personal injury, including any consequential damage, the lessee is liable for compensation, as far as this damage caused by him or the persons belonging to its production or by third parties culpably, who are in the rented rooms with his knowledge and with his acquiescence or at his instigation.
The renter is obliged to take out sufficient liability insurance to cover the aforementioned risks and to prove this to the landlord upon request. The lessee releases the landlord from all claims for damages that are asserted against the landlord by third parties in connection with the production.
Any unreasonable or aggressive behavior will not be tolerated toward Studio Chérie team.
Studio Chérie have the right to immediately terminate the contract and tenant must leave the premises immediately.
Studio Chérie have no obligation to undertake any further work with abusive clients.
For purposes of self-promotion in the industry standard scope (e.g., Internet, brochures, showreel), the renter allows the landlord to make and use photographs of the set set up by the renter. However, no person belonging to the tenant's production will be photographed in these photos unless the tenant expressly approves. In the context of self-promotion, the renter permits the landlord to name the production, the participants and the production date (if necessary, only after completion of the production). Before the publication, the landlord submits to the tenant the photos or texts intended for publication, whereby the electronic transmission is sufficient in this respect. The renter may contradict the publication only for good cause. The objection period is one week from the receipt of the photos to be published by the tenant.
COLLATERAL AGREEMENTS / JURISDICTION / SEVERABILITY CLAUSE
Changes and additions to the rental contract and the general rental conditions must be in writing. This also applies to the amendment of this written form clause. Verbal collateral agreements are not met and have no validity. German law applies. Jurisdiction is, as far as legally permissible, Berlin. Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining parts of the contract. The parties undertake to replace the invalid provision with an effective provision that comes as close as possible to the legal and commercial purpose of the invalid. This applies accordingly to regulatory gaps.