Website Terms & Privacy
General
This website is owned and operated by Gatwick Production Studios LTD.
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, “Materials”) contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s).
Framing of the Website is permitted only with Gatwick Production Studios’ express agreement, and any stipulation on how the framing will be displayed or made available on any third party site shall be at Gatwick Production Studios’ sole discretion. Gatwick Production Studios reserves the right to withhold consent for any reason and any failure to monitor or control each instance of framing shall not be considered a waiver of any of Gatwick Production Studios’ rights. Any framing by a third party shall not imply the endorsement or sponsorship of Gatwick Production Studios.
You expressly agree that use of the Website and related services is at your sole risk. The Website, Materials and related services are provided on an “as is” and “as available” basis. Gatwick Production Studios makes no representations or warranties with regard to the Website or any Materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
By using the Website, Materials or related services, you agree that Gatwick Production Studios will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website, Materials or related services whether due to inaccuracy, error, omission or any other cause.
Gatwick Production Studios reserves the right to change any content on this Website, including but limited to revising and/or deleting or adding features or information without prior notice to users, if, however, you have any queries or comments about this Website and/or its content please let us know by sending us an email on info@gatwickproductionstudios.com. By using this Website you agree to the Terms of Use. Gatwick Production Studios reserves the right to prevent access to any user who is found to be in breach of these Terms of Use.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Gatwick Production Studios’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Changes may be made to these Terms of Use from time to time. These terms of use are governed in all aspects by the Laws of England and Wales. Legal proceedings related to the matters set out in the terms of use shall be brought and adjudicated solely in the courts of England and Wales.
Links
This Website may contain links to other Websites. Gatwick Production Studios is not responsible for or liable for the content or Terms of Use and practises of other Websites. All external Websites are accessed at the users own risk.
Cookies
Gatwick Production Studios sometimes use cookies. A cookie is a small text file that can be stored on your computer’s hard drive. It may be stored and updated at various times as you access the website. Each time you visit the website, the server may deliver certain customised information to your computer based on the data stored in your cookie. This allows Gatwick Production Studios to tailor the service to your preferences. You are not obliged to accept a cookie and you may modify your browser so that it will not accept cookies. If you wish to purchase any items on the Website you need to ensure that cookies are enabled. If, however, you do not want to accept cookies please use the help tools provided with your internet browser to find out how to achieve this. We never use cookies to retrieve information from your computer which was not originally contained in the cookie. We use cookies and IP addresses for system administration and to monitor aggregate non-personalised information (such as anonymous statistics related to the take up or use of services, or to patterns of browsing). Certain non-personal information about users is recorded by the standard operation of Gatwick Production Studios’ internet servers. Examples of this type of information include the type of browsers being used, its operating system and the domain names (not e-mail addresses, where possible) of users. Gatwick Production Studios is part of a worldwide group of companies, it may be necessary from time to time for information to be transferred from the point of collection to a server located in another jurisdiction. Information will only be so transferred in circumstances where it is necessary to achieve the purposes set out in this Privacy Policy or the purposes made known to users at the time information is collected.
Purchasing content, products or services on the website
If you wish to purchase any content, products or services offered on this Website you will be asked to supply certain information. You will be asked to provide your name and email address and depending on the method of payment you will be asked to provide details of either your credit card or your mobile phone. Access to certain content or products may be age restricted. Where any such restriction applies you will be asked to confirm that you are old enough to purchase the items or purchase and view the content as appropriate.
Message boards/webchat
We may monitor any message board and/or webchat area which exists on this Website though we are not under any obligation to do so. We advise you to use care and discretion when disclosing personal information on any message board or on any chat area on this Website as other users may collect and use this information and this may result in users receiving unsolicited messages from other people. Please refer to the Safe Surfing Guide on this Website for some guidance. Users must not upload, post, publish or transmit any unlawful, fraudulent, libellous, defamatory, obscene, threatening abuse or otherwise objectionable information of any kind, in any area of the Website including on message boards and in webchat areas. Gatwick Production Studios considers as constituting objectionable information any information which constitutes or encourages the breach of any intellectual property right including copyright whether such right is owned by Gatwick Production Studios or any third party. Gatwick Production Studios reserves the right to remove or edit (without notice) any item of information which it considers to be in breach of these Terms of Use and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request. Gatwick Production Studios also reserves the right to bar any user from the message board and webchat areas of the Website if he or she uploads, posts, publishes or transmits objectionable information in these areas. Any user of this Website should contact us immediately by email if he or she feels that any message posted on any message board or the content of any webchat is objectionable in any way. We will then endeavour to remove the objectionable messages if we consider it to be necessary.
Use by children
If you are under the age of 16 you should obtain the consent of your parents or legal guardians for submitting any personal information to this Website. Children under the age of 13 should not submit any personal information without the written consent of their parents or legal guardian. If you are a child under 13 and want to submit personal information to us please ask your parent or legal guardian to send us an email at info@gatwickproductionstudios.com specifying that they consent to us collecting your personal information through this Website. You and your parents or legal guardians should also read the Safe Surfing Guide on the Website. Parents or legal guardians may review or change the personal information of their children or refuse further collection of any such information by sending an email to us at info@gatwickproductionstudios.com.
Research
We are always looking to improve our user experience on the website and to find out more about our users’ tastes in music. We conduct research with Gatwick Production Studios Music by sending out questionnaires from time to time by email. If you receive one you do not need to complete it if you do not want to. If at any time you wish to stop receiving research questionnaires you can reply to the email address at the bottom of the email you receive. Alternatively email us at info@gatwickproductionstudios.com and tell us you do not want to receive any more questionnaires.
Forwarding web pages
If we provide you with the opportunity to email a web page to another person, we will need to collect your email address and the email address of those to whom you send the page. We will use the email addresses collected this way for no other purpose expect to send the web page, and the addresses will be deleted once the page has been sent unless you have opted in to receive information and promotions from us as set out above using the same email address, in which case we will retain your email address for this purpose unless and until you notify us that you wish to stop receiving information.
Financial
If we make a sale to you on this site we may use your financial information (including credit card transactions) to check your qualifications and Bill you for and otherwise facilitate your purchase of products and services. When you make a purchase on the Site, we will provide your financial information (including credit card transactions) to our service providers and to such third parties as we determine is necessary to process your transactions. These third parties may include the credit card companies and banking institutions used to process the transaction. Also, depending on the circumstances of our arrangements, we may share your financial information (including credit card transactions) with applicable Event Partners, primarily but not exclusively for facilitating “will call” ticket pick up and dispute resolution and customer service at the event venue on the date of the event. When you purchase products or services of third parties (such as magazine subscriptions) offered on eh Site, we will provide your financial information (including credit card transactions) to those third parties. Any of these various third parties are authorised to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which
we have no control.
How we use and when we share broad demographic information
We may use, and may transfer to others to use, broad demographic information that may include data from your activity at the Site, but not personal information. For example, we use broad demographic information to tailor the site to the interests of our visitors, and we may share it with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. We reserve the right to use such broad demographic information, and to allow others to make use of it, without limitation or restriction, and without further notice to you, in our sole and absolute discretion and is the sole and absolute discretion of those with whom we share such information.
Third parties
When we include links to other internet sites, on this site and in our newsletters and other communications, we do so solely as a convenience to our visitors. Operators of such linked sites may acquire personal information about you through registration procedures or other means and may use that information in accordance with their own privacy policies, over which we have no control. Your access and use of linked sites is solely at your own risk.
Security
Whenever we obtain your personal information we take reasonable precautions to protect it from unauthorised access or disclosure, but we cannot act as insurers of the security of your personal information transmitted over the internet. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or missions beyond our reasonable control.
Disclosure
If you are a member of the artist community you should note that when you complete your member profile this information may be viewed by other members. Accordingly you should not provide any information in your member profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained within it. You should be aware that if you voluntarily disclose information online in a public accessible area, such as in your member profile, a message board or chat room, that information may be collected an used by others. We do not control the actions of our visitors. If you disclose personal information in your member profile message board or any other public accessible place on the internet you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember the protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
Finally
Gatwick Production Studios may make changes to this terms and conditions and privacy policy from time to time but will not change the way we use your information provided previously without your express consent. If any provision of this privacy policy is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Gatwick Production Studios’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The privacy policy is governed in all respects by the laws of England and Wales. Legal proceedings related to the matters set out in the Privacy Policy shall be brought in and adjudicated solely in the courts of England and Wales.
Terms & Conditions for Studio & Equipment Hire
DATED: 01/07/2022
1. INTERPRETATION
1.1 Definitions. In these Conditions, the following definitions apply:
Account Customer: A Hirer who has a current monthly account facility with Gatwick Production Studios Ltd. The term Hirer shall include account customer where appropriate.
Associated Company: Any and all of the companies associated with Gatwick Production Studios Ltd.
Breakdown: means any failure or stoppage in the proper mechanical functions of the Equipment.
Business Day: a day (other than a Saturday, Sunday, or a public holiday) when banks in London are open for business.
Cancellation Fee: means the fee payable by the account customer/ non- account customer in accordance Clause 4.4 below if they serve notice to cancel the hire of the Equipment.
Commencement of Hire: in respect of Equipment that shall be the date and time of Delivery unless the Equipment is delivered at the Site outside the Gatwick Production Studios Ltd Premises in which case the Commencement of Hire shall be the date and time the Equipment leaves the Studio. In respect of the Studio this shall be the time stated on the confirmation agreement.
Conditions: these terms and conditions as amended from time to time.
Delivery: the transfer of physical possession of the Equipment to the Hirer from Gatwick Production Studios Ltd.’s Premises.
Deposit: means the sum payable by the non- account customer in accordance with Clause 4.3 below to secure the hire of the Equipment.
Equipment: the items of equipment listed in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.
Hire: the purpose for which the Studio has been hired by the Hirer, namely for the purposes of photoshoots and/or video shoots and/or film shoots.
Hirer: The party identified in Schedule 1 to these Conditions.
Hirer Manager: The manager of the party identified in Schedule 1 to these Conditions.
Gatwick Production Studios Ltd: A company registered in England and Wales with company number 13287030
and registered address of Durand House, Manor Royal, Crawley, West Sussex, RH10 9PY.
Non- Account Customer: Any customer of Gatwick Production Studios Ltd who is not an account customer.
Order: the Hirer’s written acceptance of the quotation which has been agreed between the parties relating to the terms and details of the hire of the Studio and/or Equipment from time to time, including but not limited to, the Daily Rate, Rental Payments and details relating to the Studio and/or Equipment, Standard Delivery Fees and any discounts for any accelerated payments. The Order is annexed to these Conditions and forms part of these Conditions.
Premises: The Studios or other facility at Gatwick Production Studios Ltd.’s premises located at Durand House, Manor Royal, Crawley, Est Sussex, RH10 9PY as set out in the Order.
Rental Payments: the payments made by or on behalf of Hirer for hire of the Equipment as set out in the Order.
Rental Period: the period of hire agreed between the parties from time to time.
Risk Period: as defined in Clause 22.2.
Services: the services, supplied by Gatwick Production Studios Ltd to the Hirer as set out in the Order annexed to these Conditions.
Site: the Hirer’s premises at which the Equipment is to be located as specified in the Order.
Studio: means a studio, studio(s) or other facility at Gatwick Production Studios, Durand House, Manor Royal, Crawley, West Sussex, RH10 9PY.
Studio Description: means the written description of the Studio which is available on request from Gatwick Production Studios Ltd.
Studio Producer: means the assigned Studio Producer who coordinates and liaises with the Hirer for the hiring of the Studio.
Studio Manager: means the assigned Studio Manager at Gatwick Production Studios Ltd.
Total Loss: the Equipment is, in Gatwick Production Studios Ltd.’s reasonable opinion or the opinion of its insurer(s), damaged beyond repair, lost, stolen, seized or confiscated.
1.2 Construction. In these Conditions, the following rules apply:
1.3 All of these Conditions shall apply to the supply of both Equipment, Hire and Services by Gatwick Production Studios Ltd except where reference to one or the other is specified.
1.4 All of these Conditions shall apply to any Order made by a Hirer with a Gatwick Production Studios Ltd Associated Company as if it had been made with that Associated Company and the Hirer directly.
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) A reference to a party includes its personal representatives, successors or permitted assigns;
(c) A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re- enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) A reference to writing or written includes faxes and e-mails.
2. STUDIO AND EQUIPMENT HIRE
2.1 The Studio and / or Equipment is described in the Hirer’s Order and subject to any subsequent amendment or additional Order agreed with Gatwick Production Studios Ltd in writing.
2.2 The Hirer shall hire the Studio and / or Equipment from Gatwick Production Studios Ltd subject to the Conditions of this agreement.
2.3 Gatwick Production Studios Ltd shall not, other than in the exercise of its rights under this agreement or applicable law, interfere with the Hirer’s quiet possession of the Studio and / or Equipment.
2.4 The Hirer must inform Gatwick Production Studios Ltd of any change in its address and inform Gatwick Production Studios Ltd, at Gatwick Production Studios Ltd.’s request, of the whereabouts of the Equipment, immediately and in writing.
SECTION A: EQUIPMENT HIRE
3. RENTAL PERIOD
3.1 The Equipment Rental Period starts on the Commencement of Hire and shall be calculated on the following basis:
3.2 1 day: Any 24-hour period commencing from the time the Equipment leaves Gatwick Production Studios Ltd.’s Premises until the same time the following day;
3.3 1 week: Any continuous period of 7 days calculated in accordance with Section 3.1(a) above;
(a) 1 month: Any continuous period of 30 days calculated in accordance with Section 3.1(a) above;
3.4 Gatwick Production Studios Ltd will use all reasonable endeavours to have each item of specified Equipment available for hire on the Commencement of Hire but shall not incur any liability whatsoever in the event of any non-availability due to failure by another customer to return the Equipment, unforeseeable mechanical Breakdown, or any other circumstance beyond its reasonable control.
3.5 Once the Hirer has entered into and signed these Conditions, it shall not be entitled to a refund for any Equipment, unless, Gatwick Production Studios Ltd, in their sole and absolute discretion, decide to issue a refund, whether in whole or in part.
4. RENTAL PAYMENTS
4.1 The Rental Payments for the Hire of the Equipment shall be as agreed by the Hirer and Gatwick Production Studios in the Order annexed to these Conditions.
4.2 The Rental Payments must be paid in accordance with this Clause 4 of these Conditions.
4.3 The Deposit is a deposit against default by a Hirer who is a Non-Account Customer of payment of any Rental Payments or any loss of or damage caused to the Equipment. The Non-Account Customer shall, on or before the Commencement of Hire, pay a Deposit to Gatwick Production Studios Ltd of equivalent to the full value of any Equipment hired and a Deposit, if required, in respect of any Studio hired. If the Hirer causes any loss or damage to 5.6 the Studio and / or Equipment (in whole or in part), Gatwick Production Studios Ltd shall be entitled to apply the Deposit against such default, loss, or damage. Provided there is no loss or damage to the Studio and / or Equipment or any other circumstances in which Gatwick Production Studios Ltd reasonably believes the Deposit should be retained and not refunded to the Hirer, the Deposit (or balance thereof) shall be refundable within five (5) Business Days of the end of the Rental Period. If, in the reasonable opinion of Gatwick Production Studios Ltd, the costs of repairing any damage to the Equipment exceeds the sum of the Deposit paid by the Customer, Gatwick Production Studios Limited shall invoice the Hirer for any additional sums owed to Gatwick Production Studios Limited and this must be paid by the Hirer within 30 days of the date of the invoice.
4.4 In the event that the Hirer cancels any Order more than 48 hours prior to the Commencement of Hire then a Cancellation Fee of 25% Rental Payment is payable. If Gatwick Production Studios Ltd receive notice of cancellation less than 48 hours prior to the Commencement of Hire, then a Cancellation Fee of 50% of Rental Payment is payable. If Gatwick Production Studios Ltd receive notice of cancellation less than 24 hours prior to the Commencement of Hire, then a Cancellation Fee of 100% is payable.
4.5 In the event that the Hirer fails to return the Equipment within the Rental Period the Hirer may, at the sole and absolute discretion of Gatwick Production Studios Ltd, be required to pay an additional charge for the late return of the Equipment of a fee equivalent to the Daily Rate as set out in the Order. Gatwick Production Studios Ltd shall be entitled to charge the Daily Rate for every day, calculated in accordance with clause 3.1(a) above, that the Hirer fails to return the Equipment thereafter.
5. BREAKDOWN
5.1 In the event that the Equipment suffers a Breakdown the Hirer must immediately stop use of the Equipment and disconnect the Equipment from the power source (where appropriate).
5.2 Gatwick Production Studios Ltd must be immediately informed via telephone on 01293 277 747 of any Equipment Breakdown.
5.3 The Hirer must not undertake or permit any repair work on the Equipment without the express written permission of Gatwick Production Studios Ltd.
5.4 Where the Breakdown is caused by the negligence of the Hirer or by the Hirer’s misuse of the Equipment, the cost of repair or replacement of the Equipment shall be borne by the Hirer. The Rental Payments shall continue to be payable by the Hirer during any period of stoppage.
5.5 The Hirer shall not be entitled to a refund or any other compensation for any faulty Equipment which was not notified to Gatwick Production Studios Ltd within the Hire Period.
If the Hirer causes any damage or Breakdown to the Equipment, the Hirer will be liable to make payment for any loss incurred by Gatwick Production Studios Ltd equivalent to the Rental Payment and any consequential losses whilst the Equipment is unusable and undergoing repair. Where the Hirer has the relevant insurance, Gatwick Production Studios Ltd will continue to charge the Rental Payment and any consequential losses until such time that the Equipment has been repaired and is available to for hire once again. If the Hirer does not have the relevant insurance policy in place, then Gatwick Production Studios Ltd will be entitled to charge a Damage Waiver Fee as defined under Clause 22.9 of these Conditions whilst the Equipment is unusable and undergoing repair.
6. DELIVERY AND COLLECTION OF THE EQUIPMENT
6.1 The Hirer shall be responsible for the collection of the Equipment from Gatwick Production Studios Ltd.’s Premises of the Equipment on the first day of the Rental Period, between the hours of 10.00 a.m. and 6.00 p.m. Monday to Friday or at such other time agreed with Gatwick Production Studios Ltd. If Gatwick Production Studios Ltd agrees to deliver or collect the Equipment to the Customer’s Site outside of 10.00 am to 6.00 p.m. Monday to Friday, it may charge a call out fee for every member of staff of Gatwick Production Studios Ltd required to work outside of their normal working hours at £80 per person and this charge will be added to the Hirer’s Standard Delivery Fee.
6.2 If Gatwick Production Studios Ltd agrees to deliver the Equipment to the Hirer’s Site, Gatwick Production Studios Ltd shall deliver the Equipment to the Hirer’s Site on the first day of the Rental Period. It is the responsibility of the Hirer to ensure that such access and space is available at the Hirer’s Site to allow Gatwick Production Studios Ltd to deliver and unload the Equipment. The Hirer must ensure that the Equipment is safely and properly stored during the Rental Period.
6.3 The Hirer shall be responsible for the immediate return of the Equipment to Gatwick Production Studios Ltd.’s Premises upon the termination or expiry of the Rental Period.
6.4 Where Gatwick Production Studios Ltd agrees to provide Delivery of the Equipment to the Hirer’s Site in accordance with Clause 6.2 above and it is required to wait for more than 30 minutes to effect Delivery of the Equipment Gatwick Production Studios Ltd shall be entitled to charge the Hirer an additional £30 per hour after the first 30 minutes.
7. TRAINING
7.1 The Customer warrants that it shall provide proper and adequate training and instruction in the correct operation of the Equipment to any persons who will or may be using the Equipment during the Hire Period prior to the commencement of the Rental Period (“Training”) The Customer shall be fully liable for any costs of training.
SECTION B: STUDIO HIRE
8. RENTAL PERIOD
8.1 The Studio Rental Period starts on the Commencement of Hire and shall be calculated on the following basis:
8.2 1 day: 9am to 6pm
8.3 Overtime: Charged at all an hourly rate outside of these periods and subject to change at the discretion of Gatwick Production Studios Ltd.
8.4 In the event that the Hirer cancels any Order more than 48 hours prior to the Commencement of Hire then a Cancellation Fee of 25% Rental Payment is payable. If Gatwick Production Studios Ltd receives notice of cancellation less than 48 hours prior to the Commencement of Hire, then a Cancellation Fee of 50% of Rental Payment is payable. If we receive notice of cancellation less than 24 hours prior to the Commencement of Hire, then a Cancellation Fee of 100% is payable.
9. STUDIO RENTAL PAYMENTS
9.1 The Hirer shall pay the Rental Payments in relation to the Studio hire to Gatwick Production Studios Ltd in accordance with this Clause 9 and as set out in the Order of these conditions as consideration for the hire of the Studio and associated Services provided by the Studio Producer.
9.2 All payments required to be made pursuant to these Conditions by either party shall be made, by credit card, debit card or BACS, within 30 days of the date of the relevant invoice in GBP in cleared funds to such bank as the other Studio Manager may inform the Hirer from time to time. All payments by non account customers must be received in cleared funds prior to the start of the studio rental period. The Hirer must make payment to Gatwick Production Studios Ltd without any set-off, withholding or deduction.
9.3 Where any payment pursuant to these Conditions are required to be made on a day which is not a Business Day, the payment must be made on the Business Day prior to the Equipment Hire date.
10. USE OF THE STUDIO & BUILDING POLICY
10.1 If any additional equipment such as staging, stands, lighting, audio, video, scaffolding or similar is agreed by the Studio Producer to be supplied by the Hirer and used by the Hirer for the Hire, such equipment may only be used in such a way which Complies with the Gatwick Production Studios Ltd Building Policy.
10.2 The Hirer shall bear the costs of making good any damage to the Studio caused as a result of the Hirer’s use of the Studio including, but not limited to, any damage done as a result of violation of Clause 10.1 above.
10.3 The Hirer may not, at any time, have gas cylinders in the Studio or any other containers of substances which are noxious, corrosive, toxic, explosive, or hazardous without the prior written permission of Gatwick Production Studios Ltd, such permission to be sought in writing at least two months prior to the start of the Hire Period.
10.4 The Hirer may not, at any time, allow live animals into the Studio without the prior written permission of Gatwick Production Studios Ltd, such permission to be sought in writing at least five weeks prior to the start of the Hire Period. This prohibition does not include dogs, we are dog friendly, though permission does need to be sought in writing one week prior to the start of the Hire Period. Guide dogs for the blind and other assistance dogs are permitted at all times.
10.5 Except where it is permitted under the provisions of the Hypnotism Act 1952 the Hirer shall not permit any hypnosis to take place during Hire.
10.6 The Hirer may not at any time use candles or other light flames inside the Studio without the prior written permission of Gatwick Production Studios Ltd.
10.7 All plans for decor are subject to approval and are limited to the designated event spaces. Nothing may be affixed to any interior or exterior surface of Gatwick Production Studios without advanced approval. No signage or banners may be placed on Gatwick Production Studios grounds without prior approval. All decorative items must be fireproof.
10.8 Gatwick Production Studios is a smoke and vape-free environment inside. We have two designated smoking areas, one outside the building and another on our roof terrace.
10.9 Children must be supervised by a responsible adult at all times.
10.10 No weapons or firearms are allowed on Gatwick Production Studios property without prior permission and a valid reason, such as a photo shoot, all relevant permits must be presented, along with full risk assessments no less than 5 weeks prior to the start of the hire period.
10.11 Application of hairspray, cologne, perfumes, aerosol sprays, and make-up is allowed only in designated areas.
10.12 The event or session start and end times outlined in the contract must be adhered to.
10.13 Early entry or late-exit will be subject to additional fees.
10.14 No amplified music outside the building.
10.15 Glitter is only allowed in the Infinity Cove Hall and is the responsibility of the Hirer to remove. Any glitter remaining will result in a cleaning fee being charged. Written Permission must be sought 1 week prior to the start of the hire period.
10.16 Real flower petals can be used inside of Gatwick Production Studios Infinity Cove Hall and must be picked up afterwards.
10.17 No exterior decorations adhered to Gatwick Production Studios.
10.18 Interior decorations must free-standing or draped or attached to the rigging bars in Infinity Cove Hall. Under no circumstances can anything be fixed to a wall, including with Blu Tack.
10.19 Gatwick Production Studios is not responsible for lost or broken property of its guests or Hirers and Hirer personnel.
10.20 Any items brought in must be removed by the end of your contract time.
10.21 No sale of goods may take place during the Hire without the prior written permission of Gatwick Production Studios Ltd.
10.22 The Hirer may bring its own equipment for use at the Premises during the Hire Period, however, the Hirer is not permitted to bring on to the Premises any lighting equipment, grip equipment or other equipment from any other third party rental company without prior written consent of Gatwick Production Studios Ltd. If the Hirer wishes to use any third party equipment on the Premises the Hirer must first seek the prior written consent of the Studio Producer.
10B EVENTS BOOKINGS ADDITIONAL POLICIES
10.23 One additional free of charge site-visit for all events after booking the venue. We recommend coordinating with any necessary vendors to bring to this visit with you. Additional site visits may incur charges.
10.24 Final walk-through will be 2 weeks before the event during business hours. At this time, a list of all vendors and their contact information should be given to the Event Manager for coordination the morning of the event as well as a copy of the bartender’s license and insurance.
10.25 Gatwick Production Studios is allowed to take photos at all events. Copies of photos are available by request. Please refer to the “Photography and Video Policy” on our website for additional information.
10.26 All food and other waste must be gathered and disposed of in the trash bags provided. Trash bags must be removed from the kitchen and placed in the dumpster located in the bins area to the side of Gatwick Production Studios.
10.27 A licensed, insured bartender must be present. No cash bars. All bartending companies must be pre-approved by Gatwick Production Studios and required to provide a copy of license and insurance by the 2 week walk-through meeting. Bartending Gatwick Production Studios and Lessee assume all responsibility for conduct and consumption of guests.
10.28 All drinks should be served in the Infinity Cove Hall, the Green Room, or the Roof Terrace.
10.29 The Hirer must designate an event manager, production manager, agent, manager, record label, event coordinator or personal representative who will be in contact with Gatwick Production Studios as needed before, during and after the event or session.
11. DISABILITY PROVISION
11.1 Wheelchair access is not provided as standard at the Studio, though it is something we are working on. If wheelchair access is required for the Hire, the Hirer must inform the Studio at least one month prior to the Hire Period and we will do our best to accommodate this.
12. GOOD ORDER AND NUISANCE
12.1 The Hirer shall be required to keep all guests under a reasonable level of control. This obligation shall extend to noise levels, general behaviour, and sobriety. This obligation shall also apply to the Hirer’s staff, models, talent, exhibitors, and any other individuals that are in attendance for the purposes of the Hire and not under the control of Gatwick Production Studios Ltd.
12.2 Noise must be kept to a reasonable level at all times. The Hirer must ensure that no noise escapes the Studio.
12.3 Gatwick Production Studios is committed to providing a safe, healthy, and productive working environment for all employees, contractors, Hirers, Hirer personnel and visitors involved in its operation. Gatwick Production Studios is a drug-free workplace and administers drug testing policy for its employees.
12.4 The use of drugs on the premises by the Hirer or Hirer personnel is strictly forbidden.
12.5 Any Hirer or Hirer personnel found using, supplying, under the influence, or in the possession of, an illegal substance whilst on the Premises will be required to leave the premises immediately and may face prosecution under the law. A breach of this shall be deemed to be a material breach of the Agreement. In such circumstances, Gatwick Production Studios reserves the right to terminate the booking, regardless of whether such booking has commenced or not, and any fees paid or owing to Gatwick Production Studios by the Hirer shall be non-refundable.
12.7 Gatwick Production Studios reserves the right to refuse entry to the premises to any Hirer or Hirer personnel or require that any Hirer or Hirer personnel leave the premises if Gatwick Production Studios considers that, in its sole discretion, the Hirer or any Hirer personnel is behaving in an inappropriate manner or endangers the right for all employees to work in a safe working environment. For the avoidance of doubt, this shall include where Gatwick Production Studios considers that the Hirer or any Hirer personnel has consumed alcohol in an inappropriate or irresponsible manner. In such circumstances, Gatwick Production Studios reserves the right to terminate the booking, regardless of whether such booking has commenced or not, and any fees paid or owing to Gatwick Production Studios by the Hirer shall be non-refundable.
13. HEALTH AND SAFETY
13.1 It is the responsibility of the Hirer to undertake and comply with all the requirements imposed by fire regulations in relation to the Studio and the Hire.
13.2 The Hirer is responsible to ensure any additional equipment brought on the Premises and/or Studio pursuant to Clause 10.1 complies with all relevant testing requirements including portable appliance testing (‘PAT testing’). All such equipment must bear the appropriate labels and be accompanied by the appropriate certificates as proof of such testing and compliance.
13.3 Gatwick Production Studios Ltd shall have the right to inspect electrical equipment at any time during the Hire Period for compliance with Clause 13.2 and shall have the right to remove, or request the removal of, any equipment not in compliance with that provision from the Studio.
13.4 The Hirer will be made aware of all fire exits and fire equipment prior to the start of the Hire Period, however, it is the responsibility of the Hirer to inform any permitted guests of such fire exists and fire equipment. All fire exits, and access thereto must remain completely unobstructed. All signs for fire exits and fire equipment must remain as prominent and visible as they are when the Studio is unoccupied. Fire equipment must not be moved from the Site unless being used for its intended purpose.
13.5 The Studio hire is subject to a maximum capacity as set out in the Studio Description. Gatwick Production Studios Ltd shall have the right to inspect the Studio at any time during the Hire Period and shall request the removal of any number of persons in excess of the numbers stated in the Studio Description.
14. HIRER’S PROPERTY
14.1 The Hirer is responsible for all fittings, structures (fixed or mobile), articles, objects, or equipment (of any description) not owned/managed by Gatwick Production Studios Ltd within the Studio during the Hire Period.
14.2 The Hirer is responsible for the conduct of its employees, agents, contractors, sub-contractors, and guests and will remove any person/s at the request of the Studio Manager and/or his agents immediately without recourse.
14.3 Gatwick Production Studios Ltd and its employees and agents are not responsible for any of the Hirer’s property, or property belonging to any employees, agents, contractors, or sub- contractors of the Hirer whilst they are in the Studio.
14.4 The Contracts (Rights of Third Parties) Act 1999 shall not give any third party rights against either of the parties to these Conditions.
15. CATERING
15.1 Outside catering is not allowed. Gatwick Production Studios Ltd provided all Hire catering in partnership with its preferred catering supplier Social Pantry.
15.2 The Hirer must confirm exact requirements and final numbers by no later than 12:00pm on the Business Day prior to the Commencement of Hire.
16. PROHIBITED ACTIVITIES
16.1 The Studio Manager, the Studio Producer, its agents and officers reserves its rights to exercise its sole and absolute discretion to refuse entry to or evict, any persons for any reason whatsoever, including but not limited to the activities mentioned in this Clause 16. 55
16.2 The Hirer, its agents, officers, sub-contractors, or guests must not carry out illegal or immoral activities in any manner, and/or involving danger to any persons whatsoever.
16.3 The Hirer must ensure at all times that its agents, officers, sub-contractors and guests do not bring flammable substances of any description onto the Studio, unless previously agreed by the Studio Producer in writing in accordance with Clause 10.3 of these Conditions.
16.4 The Hirer must ensure no fixtures, and/or stand-alone units (of any description), of a combustible nature are set up in the Studio without the prior written consent of the Studio Producer.
16.5 Activities carried out by the Hirer, its agents, officers, sub-contractors and guests must not contravene local authority regulations, by-laws, or other statutory requirements.
16.6 The Hirer, its agents, officers, sub-contractors, and guests must not remove any fixtures or fittings whatsoever from the Studio.
16.7 The Hirer, its agents, officers, sub-contractors, and guests must not cause any nuisance, disturbance or annoyance to other occupiers of the property, or occupiers (whether residential or commercial) in the neighbourhood of the Studio and/or Premises.
16.8 The Hirer, its employees, agents, officers, sub-contractors and guests must not make any alteration or addition to the Studio whatsoever, without prior written consent of the Studio Producer.
16.9 The Hirer shall not permanently install any furniture, fixtures or fittings within the Studio without prior written consent of the Studio Producer.
16.10 Smoking is not allowed within the Studio under any circumstances.
16.11 One responsible and appropriate adult must accompany all children under 16 years of age per group of 50 people.
17. PARKING
17.1 There is an onsite private car park, which is available free of charge, where spaces may be allocated at a maximum of 3 car spaces per studio. Van parking and additional car parking spaces are available on request and subject to availability.
17.2 Cars parked in accordance with clause 17.1 are parked at the owner’s risk. Gatwick Production Studios Ltd shall not be liable for any loss, injury or damage sustained by the vehicle or its contents left within the car park.
18. REINSTATEMENT OF STUDIO
18.1 The Studio Manager will inspect the Studio both before and after the Hire Period.
18.2 The Hirer must pay the full cost of making good any damage to the Studio (as determined by the Studio Manager) or subsequent loss incurred due to any subsequent occupier being unable to use the Studio due to damage caused to the Studio directly or indirectly resulting from the acts or defaults of the Hirer, its agents, officers, sub-contractors, and guests.
18.3 The Hirer must by the end of the Rental Period and to the satisfaction of the Studio Manager, clear all items, articles, rubbish, objects (fixed or otherwise) not belonging to the Studio Manager or his agents from the Studio and surrounding areas no later than the following day of the Hire itself unless agreed otherwise in writing with the Studio Manager. Gatwick Production Studios Ltd shall charge the Hirer the costs of any removal and disposal of items, articles, rubbish, objects (fixed or otherwise) left at the Premises in breach of this clause 18.3.
19. INSURANCE
19.1 The Hirer, its agents, officers, and sub-contractors must provide evidence of sufficient insurance cover prior to the Rental Period should they be responsible for anything that can be considered a liability.
19.2 The Hirer shall be responsible for securing adequate insurance cover for any additional items that they bring to the Studio. Gatwick Production Studios Ltd.’s insurance shall not cover the Hirer’s property nor that of any third parties.
19.3 The Hirer shall produce evidence to the Studio Producer of any and all insurance required under this Clause 19 on demand without undue delay.
20. INDEMNITY AND CALCULATIONS
20.1 The Hirer hereby indemnifies Gatwick Production Studios Ltd for all losses, costs, claims, expenses or demands arising directly or indirectly from any breach of the terms of these Conditions by the Hirer or its agents, employees, contractors, or sub-contractors up to a value of £3,000,000.
20.2 In the event that the Hirer has exclusive Hire of the whole of the Premises, including but not limited to the Studio, the Hirer agrees to indemnify Gatwick Production Studios Ltd for all losses, costs, claims, expenses or demands arising directly or indirectly from any breach of the terms of these Conditions by the Hirer or its agents, employees, contractors, or sub-contractors up to a value of £10,000,000
20.3 The Hirer agrees that Gatwick Production Studios Ltd shall not be liable in respect of any failure of the plant or machinery at the Studio during the Hire Period. These Conditions are personal to the Hirer and is not assignable.
20.4 The Hirer shall indemnify Gatwick Production Studios and keep Gatwick Production Studios indemnified in full against any injury, loss, damage, costs and/or expenses suffered by Gatwick Production Studios arising from or attributable to:
- the Hirer’s cancellation of the booking including without limitation any costs or expenses incurred by Gatwick Production Studios in connection with the booking;
- the Hirer’s making, use or exploitation of the recordings;
- the Hirer’s breach of the Agreement;
- the Hirer’s media including without limitation the Hirers own part recorded material; or
- the Hirer’s own plug-in software.
SECTION C: TERMS APPLYING TO BOTH STUDIO HIRE AND EQUIPMENT HIRE
21. RENTAL PAYMENTS AND DEPOSIT
21.1 The Account Customer shall be invoiced monthly in arrears and shall pay the Rental Payment due for all hiring of Equipment and Studios within 30 days of the date of 21.9 the invoice. The Rental Payment shall be made by BACS OR CREDIT/DEBIT CARD in the currency specified in the Order.
21.2 The Non-Account Customer shall pay the Rental Payments due for all hiring of Equipment and/or Studios in full on or before the Commencement of Hire.
21.3 The Rental Payments are exclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by the Hirer at the rate and in the manner from time to time prescribed by law.
21.4 All payments to be made by either party under these Conditions shall be made without withholding or set-off on account of disputes, counterclaims or for any other reason whatsoever.
21.5 If the Hirer fails to pay any Rental Payments or any other sums payable under these Conditions by the due date for payment under this agreement then, without limiting Gatwick Production Studios Ltd.’s any other rights Gatwick Production Studios Ltd may have, the Hirer shall pay interest on such sums for the period from and including the due date of payment up to the actual date of payment, whether before or after judgment. The interest shall be paid at the rate of EIGHT per cent (8%) per annum above the Bank of England base rate from time to time.77
The Customer, as defined in 21.8 above, shall bear the costs of any extra equipment, catering and consumables supplied by Gatwick Production Studios Ltd during the Hire Period. Gatwick Production Studios Ltd shall invoice the Hirer after the shoot for any additional sums owed to Gatwick Production Studios Ltd and this must be paid by the Hirer within 48 hours of receiving the invoice. Any invoice disputes need to be raised within 48 hours of receiving the invoice.
22. TITLE, RISK, DAMAGE WAIVER AND INSURANCE
22.1 The Studio and Equipment shall at all times remain the property of Gatwick Production Studios Ltd, and the Hirer shall have no right, title or interest in or to the Studio or Equipment (save the right to possession and use of the Studio and Equipment subject to these Conditions).
22.2 The risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on Delivery. The Equipment shall remain at the sole risk of the Hirer during the Rental Period and any further term during which the Equipment is in the possession, custody, or control of the Hirer (the ‘Risk Period’) until such time as the Equipment is redelivered to Gatwick Production Studios Ltd. During the Rental Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances with a reputable insurance provider who shall be notified that the Equipment is on hire from Gatwick Production Studios Ltd:
(a) insurance of the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, water theft (whether or not involving forcible or violent entry or exit to the Premises and/or Site) or accident, all other risks usually covered by comprehensive insurance of products of the type of Equipment, and such other risks as Gatwick Production Studios Ltd may from time to time nominate in writing;
insurance against any lost, damage or liability arising in connection with the use or storage of the Equipment or any acts or omissions by the Hirer’s personnel in carrying out their duties or incidental to their duties;
(c) insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as Gatwick Production Studios Ltd may from time to time reasonably require, to cover any third party or public risks of whatever nature and however arising in connection with the Equipment; and
21.6 If the Hirer causes any loss or damage to the Studio and /
or Equipment (in whole or in part), Gatwick Production Studios Ltd shall
be entitled to apply the Deposit against such default, loss
or damage. Provided there is no loss or damage to the
Studio and / or Equipment or any other circumstances in
which Gatwick Production Studios Ltd reasonably believes the Deposit
should be retained and not refunded to the Hirer, the
Deposit (or balance thereof) shall be refundable within
five (5) Business Days of the end of the Rental Period. If, (b) in the reasonable opinion of Gatwick Production Studios Ltd, the costs of repairing any damage to the Equipment exceeds the sum
of the Deposit paid by the Hirer, Gatwick Production Studios Ltd shall invoice the Hirer for any additional sums owed to Gatwick Production Studios Ltd and this must be paid by the Hirer within 30 days of the date of the invoice.
21.7 Any invoice disputes need to be raised within 48 hours of receiving the invoice.
21.8 Upon entering into this agreement the Account Customer (d) or Non-Account Customer (collectively the “Customer”) commits to 50% of the Rental Payment which becomes
payable as set out in this clause 21. If the Customer
insurance against such other or further risks relating to the Equipment as may be required by law, together with such other insurance as Gatwick Production Studios Ltd may from time to time consider reasonably necessary and advise to the Hirer.
cancels the Hire by notifying in writing Gatwick Production Studios within 7 days prior to the Commencement of Hire then the whole Rental Payment is payable and due to Gatwick Production Studios Ltd.
(e) Studio Hirer’s should have their own insurance for all goods left in the studios during the day or overnight. Gatwick Production Studios Ltd are not responsible for any loss or damage incurred to the Hirers goods or equipment while on Gatwick Production Studios Ltd Premises.
22.3 All insurance policies procured by the Hirer shall be endorsed to provide Gatwick Production Studios Ltd with at least five (5) Business Days’ prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall upon Gatwick Production Studios Ltd.’s request name Gatwick Production Studios Ltd on the policies as a loss payee in relation to any claim relating to the Equipment. The Hirer shall be responsible for paying any deductibles due on any claims under such insurance policies.
22.4 The Hirer shall, on demand, supply copies of term relevant insurance policies or other insurance confirmation acceptable to Gatwick Production Studios Ltd and proof of premium payment to Gatwick Production Studios Ltd to confirm the insurance arrangements.
22.5 The Hirer shall not, during the Rental Period allow the Studio and/or the Premises and / or Equipment to be used for any purpose or by any persons not permitted by the terms and conditions of the policy of insurance or to do or allow to be done any act or thing, omission or default whereby the insurance may be invalidated and/or shall not jeopardise the prospect of a successful insurance claim in respect of any loss or damage to the Equipment.
22.6 The Hirer shall give immediate written notice to Gatwick Production Studios Ltd in the event of any loss, accident or damage to the Studio and/or the Premises and / or Equipment or arising out of or in connection with the Hirer’s possession or use of the Studio and/or the Premises and / or Equipment.
22.7 The Hirer shall indemnify Gatwick Production Studios Ltd against all loss or damage to the Studio and/or the Premises and/ or Equipment not recovered by Gatwick Production Studios Ltd under any policy of insurance.
22.8 If the Hirer fails to effect or maintain any of the insurances required under this agreement, Gatwick Production Studios Ltd shall be entitled to effect and maintain the same, pay such premiums, calculated as a percentage of the Rental Payments in respect of the cost of Gatwick Production Studios Ltd maintaining a policy of insurance in respect of the Equipment (the Insurance Fee) as may be necessary for that purpose and recover the same as a debt due from the Hirer.
22.9 If the Hirer does not have an insurance policy to cover the Equipment hire, Gatwick Production Studios Ltd will charge the Hirer an additional 15% of the net Rental Payment (the ‘Damage Waiver Fee’) due by the Hirer to cover the insurance for any loss and damage which is not caused by the Hirer’s negligence and an additional £250 to cover any excess where a claim is made.
22.10 The Damage Waiver Fee shall not cover:
(a) damage caused by corrosion, excessive heat, water, dampness, physical mistreatment or by any breach of clauses 23.1(d), 23.1(e), 23.1(f) or 23.1(q) or any other physical mistreatment;
(b) damage arising from
(i) breakage of flash tubes, bulbs or lenses used in association with lighting equipment
(ii) damage to the glass or other fragile or brittle articles unless the damage is caused during Delivery of the Equipment by Gatwick Production Studios in accordance with clause 6.2 above;
(iii) damage or loss as a result of negligence whether accidental or deliberate; and
(iv) consequential loss of any description.
22.11 The Hirer will be liable for any damage caused to the Studios, including any damage to the Studio’s floors or wall, during the Rental Period. The Hirer is responsible for informing the Studio Manager if it notices any damage to the Studio and/or Equipment prior to commencing the Hire Period.
22.12 If the Hirer causes any damage to the Studio, the Hirer will be liable to make payment for any loss incurred by Gatwick Production Studios Ltd equivalent to the loss of Rental Payments whilst the Studio is unusable and undergoing repair.
23. HIRER’S RESPONSIBILITIES
23.1 The Hirer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions which may be provided by Gatwick Production Studios Ltd;
(b) keep the Equipment in its possession and control on the site and ensure that it is secure against loss, damage and theft;
(c) not hold itself out as owner of the Equipment or Studio, nor shall it, charge, encumber, sell, let, lease, hire or otherwise dispose of, part with, or abandon the Equipment or Studio, nor shall it permit or suffer the creation of any lien or distress over the Equipment or Studio;
(d) take such steps (including compliance with all safety and usage instructions provided by Gatwick Production Studios Ltd) as may be necessary to ensure, so far as is reasonably practicable, that the Studio and / or Equipment is at all times safe and without risk to health during the Rental Period;
(e) maintain at its own expense the Equipment and/or Studio in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement of Hire (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment and/or Studio;
(f) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of Gatwick Production Studios Ltd unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. If a component is replaced, the Hirer must inform Gatwick Production Studios Ltd immediately. The new component must be compatible with the Equipment fitted by a competent person with due care and skill. The Hirer shall be liable for any new components that are fitted. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Gatwick Production Studios Ltd immediately upon installation; (o)
(g) keep Gatwick Production Studios Ltd fully informed of all material matters relating to the Studio and / or Equipment;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Gatwick Production Studios Ltd, together with such additional information as Gatwick Production Studios Ltd may reasonably require without undue delay; (q)
(i) ensure that any persons entering the Studio or using the Equipment during the Rental Period shall abide by these terms and conditions at all times;
(j) not, without the prior written consent of Gatwick Production Studios Ltd, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the
Studio and / or Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect (s) of it;
(k) not without the prior written consent of Gatwick Production Studios Ltd, attach the Equipment to any land or building so as to cause (t) the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment
must be capable of being removed without material injury to such land or building and the Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Studios Ltd against all losses, costs or expenses incurred as a result of such affixation or removal;
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of Gatwick Production Studios Ltd in the Studio and / or Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that Gatwick Production Studios Ltd may enter such land or building and recover the Equipment both during the term of these Conditions and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Gatwick Production Studios Ltd of any rights such person may have or acquire in the Equipment and a right for Gatwick Production Studios Ltd to enter onto such land or building to remove the Equipment;
(m) not suffer or permit the Equipment to be confiscated, seized, or taken out of its possession or control under any distress, execution, or other legal process, but if the Equipment is so confiscated, seized or taken, the Hirer shall notify Gatwick Production Studios
23.2 The Hirer acknowledges that Gatwick Production Studios Ltd shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify Gatwick Production Studios Ltd on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Hirer to comply with the terms of these Conditions
20.2 The Hirer acknowledges that Gatwick Production Studios Ltd reserve the right to refuse entry to or request the removal of any person to the Studio without giving any reason.
23.3 In the event that the Studio has been accessed unlawfully by any unauthorised persons or the Equipment or in the event of theft of the Equipment, the Hirer must inform both the Police and Gatwick Production Studios Ltd immediately. The Hirer must provide Gatwick Production Studios Ltd with a copy of any Police report or crime reference number without undue delay. The Hirer must also inform its insurance provider of any events that are likely to give rise to a claim. The Hirer must ensure that it fully cooperates with both the Police and Gatwick Production Studios Ltd in any investigation.
Studios Ltd and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Gatwick Production Studios Ltd on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(n) not use the Studio and / or Equipment for any unlawful purpose or allow any unauthorised persons to gain access to the Studio or use the Equipment for any reason whatsoever; ensure that at all times the Equipment remains identifiable as being Gatwick Production Studios Ltd.’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(p) deliver up the Equipment and vacate the Studio at the end of the Rental Period or on earlier termination of this agreement; ensure that any identification marks, labels or signs on or fixed to the Equipment are not removed, defaced, amended, obscured or otherwise subjected to interference, including those which identify the Equipment as belonging to Gatwick Production Studios Ltd;
(r) permit Gatwick Production Studios Ltd, its employees and agents’ access to the Equipment and the Site for the purpose of inspecting, repairing, servicing and replacing the Equipment;
s) ensure that the Equipment is returned in the same condition that it was supplied in (fair wear and tear excepted); and
t) ensure that use of the Equipment complies with any relevant Government or Local Authority Regulations, including any applicable licensing requirements.
24. LIABILITY
THE CUSTOMERS ATTENTION IS DRAWN TO THIS CLAUSE
24.1 Gatwick Production Studios Ltd does not loan or supply the Equipment with any representation concerning the condition, performance or quality of the Equipment of with or subject to any term, condition or warranty express or to be implied by statute, common law or otherwise and all such representations, conditions, warranties whether relating to the capacity, age, satisfactory quality, description, condition of use of the Equipment or to the suitability or fitness of the Equipment for a particular or any purpose are expressly excluded and/or waived by the Hirer.
24.2 Without prejudice to Clause 24.3, Gatwick Production Studios Ltd.’s maximum aggregate liability for breach of this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the amount of the Rental Payment due from the Hirer.
24.3 Nothing in these Conditions shall exclude or in any way limit:
(a) either party’s liability for death or personal injury caused by its own negligence;
(b) either party’s liability for fraud or fraudulent misrepresentation; or
(c) liability for any breach of the terms implied by section 8 of the Supply of Equipment (Implied Terms) Act 1973 or any other liability which cannot be excluded by law.
24.4 These Conditions set forth the full extent of Gatwick Production Studios Ltd.’s obligations and liabilities in respect of the Equipment and/or Studio and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on Gatwick Production Studios Ltd except as specifically stated in these Conditions. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within these Conditions, whether by statute, common law or otherwise, is expressly excluded.
24.5 The Studio shares its space with an independent catering company which is not in any way affiliated, associated or linked to Gatwick Production Studios Ltd. Gatwick Production Studios Ltd makes no representation or warranty (whether express or implied) and bears no responsibility or liability for any food or drinks that are consumed on or off the Studio Premises which is purchased from the catering company.
24.6 If the Hirer arranges for catering through Gatwick Production Studios Ltd directly, the Hirer is responsible and liable for ensuring any allergies, intolerances and dietary requirements are notified to Gatwick Production Studios Ltd at least one month prior to the Hire Period. Subject to clause 24.3 above, Gatwick Production Studios Ltd shall not be liable for the Hirer’s failure to provide Gatwick Production Studios Ltd with any notification as to catering requirements as per this clause 24.6.
24.7 Without prejudice to Clause 24.3 Gatwick Production Studios Ltd shall not be liable under this agreement for any:
(a) loss of profit;
(b) loss of revenue
(c) loss of business; and/or
(d) indirect or consequential loss or damage, in each case, however caused, even if foreseeable.
25. TERMINATION
25.1 Gatwick Production Studios Ltd may, without prejudice to any other right or remedy which may be available to it, terminate this agreement immediately by written notice to the Hirer if:
(a) the Hirer defaults in any of its payment obligations;
(b) the Hirer commits a material breach of these Conditions which breach is irremediable, or which breach (if remediable) is not remedied within ten (10) Business Days after the service of written notice from Gatwick Production Studios Ltd requiring it to do so;
(c) the Hirer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or
(d) the Hirer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors [other than for the sole purpose of a scheme for a solvent amalgamation of the Hirer with one or more other companies or the solvent reconstruction of the Hirer]; or
(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Hirer; or
(f) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the Hirer; or
(g) the holder of a qualifying floating charge over the assets of the Hirer has become entitled to appoint or has appointed an administrative receiver;
(h) a person becomes entitled to appoint a receiver over the assets of the Hirer or a receiver is appointed over the assets of the Hirer; or
(i) a creditor or encumbrancer of the Hirer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Hirer’s assets and such attachment or process is not discharged within 14 days; or
(j) any event occurs, or proceeding is taken, with respect to the Hirer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 25.1(c) to Clause 25.1(i) (inclusive); or
(k) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or
(l) the Hirer breaches Clause 23 of these Conditions.
25.2 This agreement shall automatically terminate if a Total Loss occurs in relation to the Equipment.
25.3 Upon termination of this agreement, however caused:
(a) Gatwick Production Studios Ltd.’s consent to the Hirer’s possession of the Equipment shall terminate and Gatwick Production Studios Ltd may, by its authorised representatives, without notice and at the Hirer’s expense, retake possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located; and
(b) without prejudice to any other rights or remedies of the Hirer, the Hirer shall pay to Gatwick Production Studios Ltd on demand:
(i) all Rental Payments and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to Clause 9.4. 11
(ii) any costs and expenses incurred by Gatwick Production Studios Ltd in recovering the Equipment and/or in collecting any sums due under this agreement (including any storage, insurance, repair, transport, legal and remarketing costs).
25.4 Upon termination of these Conditions pursuant to Clause 25.1, any other repudiation of this agreement by the Hirer which is accepted by Gatwick Production Studios Ltd or pursuant to Clause 25.2 without prejudice to any other rights or remedies of Gatwick Production Studios Ltd, the Hirer shall pay to Gatwick Production Studios Ltd on demand a sum equal to the whole of the Rental Payments that would (but for the termination) have been payable if the agreement had continued from the date of such demand to the end of the Rental Period, less:
(a) a discount for accelerated payment at the percentage rate set out in the Order; and
(b) Gatwick Production Studios Ltd.’s reasonable assessment of the market value of the Equipment on sale.
25.5 Without prejudice to any other rights that Gatwick Production Studios Ltd may have at law, the sums payable pursuant to Clause
25.4 shall be agreed compensation for Gatwick Production Studios Ltd.’s loss and shall be payable in addition to the sums payable pursuant to the Order. Such sums may be partly or wholly recovered from any Deposit.
25.6 Termination of these Conditions shall be without prejudice to the rights and obligations of the parties accrued up to the date of termination.
26. NOTICES AND SERVICE
26.1 Any notice or other information required or authorised by these Conditions to be given by either party to the other shall be given by:
(a) delivering it by hand;
(b) sending it by pre-paid registered post to Gatwick Production Studios LTD, Durand House, Manor Royal, Crawley, West Sussex, RH10 9PY; or
(c) sending it by email or comparable means of communication to the other party at the address given in Clause 26.1(b).
26.2 Any notice or information given by post in the manner provided by Clause 26.1(b) which is not returned to the sender as undelivered shall be deemed to have been given on the second business day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.
26.3 Any notice or information sent by email transmission or comparable means of communication shall be deemed to have been duly given on the date of transmission, provided that a confirming copy of it is sent as provided in Clause 26.2 to the other party at the address given in Clause 26.1(b) within 24 hours after transmission.
26.4 Service of any document for the purposes of any legal proceedings concerning or arising out of these Conditions shall be affected by either party by causing it to be delivered to the other party at its registered or principal office, or to such other address as may be notified to it by the other party in writing from time to time.
27. FORCE MAJEURE
Notwithstanding any other term of the Agreement, Gatwick Production Studios shall not be under any liability for any failure to perform any of its obligations under the Agreement due to “Force Majeure”. Following notification by Gatwick Production Studios to the Hirer of such cause, Gatwick Production Studios shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of the Agreement, ‘Force Majeure’ means any matters beyond the reasonable control of Gatwick Production Studios, including without limitation:
- Act of God, explosion, flood, tornado, earthquake, 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 Gatwick Production Studios or of a third party);
- difficulties in obtaining raw materials, labour, fuel, parts, or machinery; and
- power failure or breakdown in machinery.
In the event of a force majeure caused by the Hirer which results in the cancellation of a session before it has commenced then the booking cancellation policy applies. In the event of Gatwick Production Studios cancelling the session before commencement, Gatwick Production Studios in the first instance will look to reschedule the booking. In the event of a force majeure resulting in the cancellation of a session whilst taking place and Gatwick Production Studios is unable to fulfil its obligations, all costs incurred by Gatwick Production Studios at the point of cancellation including live room rental will be deducted from any amounts paid, and unless agreed otherwise 50% of the balance will be refunded in an agreed manner.
28. CONFIDENTIAL INFORMATION
28.1 Neither party shall, during and after termination of these Conditions, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature.
28.2 Each party shall on demand and on termination of these Conditions surrender to the other party all materials relating to such confidential information in its or its personnel’s, agents’, or representatives’ possession.
29. ASSIGNMENT AND SUBCONTRACTING
29.1 Neither party shall, without the prior written consent of the other party assign, transfer, mortgage, charge or deal in any manner with these Conditions or any of its rights and obligations under these Conditions, or purport to do any of the same.
29.2 Neither party shall subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent without the prior written consent of the other party. Each party shall in all cases retain sole responsibility for the performance of the tasks assigned to it under these Conditions, regardless of the use of authorised subcontractors.
29.3 Each party that has rights under these Conditions is acting on its own behalf and not for the benefit of another person.
30. ENTIRE AGREEMENT AND VARIATION
30.1 These Conditions constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
30.2 Each party acknowledges that, in entering into these Conditions, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Conditions. Each party agrees that its only liability in respect of those representations and warranties that are set out in these Conditions (whether made innocently or negligently) shall be for breach of contract.
30.3 Nothing in this Clause 30 shall limit or exclude any liability for fraud or for fraudulent misrepresentation.
30.4 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
31. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
31.1 A person who is not a party to these Conditions shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted by Clause 29.2.
31.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these Conditions is not subject to the consent of any person that is not a party to these Conditions.
32. NO WAIVER
32.1 No failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
33. SEVERANCE
33.1 If any court or competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part- provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
33.2 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.
34. GOVERNING LAW AND JURISDICTION
34.1 These Conditions and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law.
34.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or its subject matter.
These conditions have been entered into by agreement of the hire period.
Online Mixing Terms & Conditions of Use
This website (“Website”) is the property of and is operated by Gatwick Production Studios LTD.
1. ACCEPTANCE OF TERMS
1.1 Access and Acceptance: Your access to and use of this website (Website”) and the services referred to in Section 2 below (“Services”) is subject to these terms and conditions. By accessing and or using the Website and or Services you signify that you have read the following terms and conditions and accept and agree to be bound by them, whether or not you register with Gatwick Production Studios (“Agreement”). Where applicable under law, these terms and conditions constitute a ‘writing signed by you’. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST CEASE USING THE WEBSITE/ SERVICES.
1.2 Right to Amend Terms: We reserve the right at our sole discretion to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Website/Services.
2. THE SERVICES
2.1 Services: The Website offers digital mixing services in various formats for cd production (“Services”) such formats include digital and physical products and may vary from time to time (“Products”).
3. AGE RESTRICTION
3.1 You must be at least 18 years of age to register and use the Services.
3.2 Children under the age of 13 years of age may not access or use the Website. If you are under 18 years of age but over 13 years of age you may use this Website only with the consent and supervision of a parent or guardian.
4. USE OF THE WEBSITE AND SERVICES
4.1 You are solely responsible for any audio files, data, text and information submitted by you (the “Materials”).
4.2 You agree not to
(a) use the Website or Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(b) use this Website or any of the Services to submit, upload, display, transmit, disseminate or otherwise use any Materials that are false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or violates any law;
(c) threaten, abuse, disrupt, stalk or otherwise violate the legal rights of others;
(d) upload, post or disseminate any information or Material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party or infringes any intellectual property law or other applicable law;
(e) restrict or inhibit any other user from using and enjoying the Website or any of the Services;
(f) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Service;
(g) transmit any Materials, information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component;
(h) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Website, the Services, or the contents of such Website or Services;
(i) impersonate any other individual or entity in connection with your use of this Website or any of the Services;
(j) use the Services to distribute files illegally or violate the rights of others to copy and distribute protected work.
4.3 You further agree, represent and warrant that
(a) you solely own or otherwise control all of the rights to the Material that you submit to the Website and that you are not prohibited from submitting the Materials to Gatwick Production Studios by any other agreement or obligation;
(b) all information and details you provide is accurate, complete and current;
(c) if you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the Website/Services.
In addition, you acknowledge that by using this Website and/or the Services, you are not submitting Materials for the purpose of consideration by any music label associated with or affiliated with Gatwick Production Studios and your Materials will not be reviewed for purposes of submission to any label.
5. USER REGISTRATION AND ACCOUNT
5.1 User Account: You are required to complete the registration process in order to open an account to use the Services and to purchase Products. Such process requires the provision of certain information by you and the registration of a username and password. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security.
5.2 Unauthorised Access: You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and or password. You may not use another person’s account at any time.
5.3 Account Deletion In the sole discretion of Gatwick Production Studios and at any time with or without prior notice, Gatwick Production Studios may purge any and all of its files associated with your account and your Materials. As a result, it is your responsibility to keep a copy(ies) of the original and mixed files and or Materials. If you request an additional copy of your mixed file from Gatwick Production Studios, we may not be able to provide one for you, and you release Gatwick Production Studios, Gatwick Production Studios, and its affiliates from any related liability in connection therewith.
6. PRICING, TAXES AND COMMENCEMENT OF SERVICES
6.1 Pricing: The prices set out on the Website exclude VAT. We will charge you VAT at the prevailing UK rate in the event that you do not supply a valid EU VAT number. You agree to pay all charges, including postage, shipping, and handling charges at the prices in effect when such charges are incurred. You are solely responsible for paying any applicable taxes relating to your purchases.
6.2 Payment Payments hereunder to Gatwick Production Studios must be by debit or credit card. Gatwick Production Studios’ merchant Opayo will not charge your credit card until your Materials have been successfully uploaded and you have confirmed the details required for your project, following which we will then take payment prior to the mixing commencing.
6.3 Commencement of Services: You give Gatwick Production Studios permission to commence the performance of its Services prior to the expiry of any “cooling off” period which might otherwise apply following your receipt of the recorded tracks submitted to Gatwick Production Studios. Gatwick Production Studios does not provide any refunds subsequent to work commencing on mixing projects.
6.4 Revisions Gatwick Production Studios will provide one (1) set of revisions free of charge to downloaded Materials upon written request.
7. TRADEMARK AND COPYRIGHT INFORMATION
All material on this website, including, but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to GATWICK PRODUCTION STUDIOS and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non- commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of Gatwick Production Studios in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
8. GATWICK PRODUCTION STUDIOS CREDIT
We hereby give you permission and you agree to include the following credit in relation to any CD or other record that has been mixed by the Gatwick Production Studios Online Mixing Service and released to the public by you:
Mixed by the Gatwick Production Studios Online Mixing Services
www.gatwickproductionstudios.com
Such credit shall be included in a suitable place in the inner sleeve liner notes of the CD or record and shall be in the same size, typeface and font as any other similar information included in such liner notes. For the avoidance of doubt, we do not grant you any permission to use the Gatwick Production Studios and/or the Service’s name(s), logo(s) and/or brand(s) and/or the name of our individual mixing engineer in any way, save as set out above.
9. PRIVACY
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully. Please refer to our privacy policy.
10. ARCHIVING
Gatwick Production Studios makes no representation or warranty that it shall retain any Materials once the requested work has been completed and the relevant Materials downloaded by you and therefore cannot be held responsible for any partial or complete loss of any Materials. Without prejudice to the foregoing, you give Gatwick Production Studios permission to retain and/or archive copies of Materials for a period of up to three (3) months following the download of the relevant completed Materials by you.
11. EQUIPMENT
Without limiting any provision herein, we make no warranty that any particular computer, portable device or other hardware will be compatible with the Website Products and Services. It is your sole responsibility to ensure that your playback system(s) will function correctly.
12. EXCLUSION OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE WEBSITE PRODUCTS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICES.
13. LIMITATION OF LIABILITY
13.1 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
13.2 SUBJECT TO CLAUSE 13.1, 13.3, 13.4 AND TO THE FULL EXTENT PERMITTED BY LAW, GATWICK PRODUCTION STUDIOS AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE PRODUCTS, THE SERVICES, OR YOUR USE THEREOF. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILTIY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GATWICK PRODUCTION STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. GATWICK PRODUCTION STUDIOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GATWICK PRODUCTION STUDIOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT GATWICK PRODUCTION STUDIOS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
13.3 Notwithstanding any other provision of this Agreement, you and Gatwick Production Studios hereby agree that the maximum aggregate liability of Gatwick Production Studios to you for any claims arising from or related to the Services whether in contract, tort or otherwise, shall be limited to an amount equal to the respective fee paid by you.
13.4 If you are a consumer this Section 13 does not affect your statutory rights.
14. TERMINATION
We have the right to terminate your access to any or all of the Website/Services at any time.
15. VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all Products or Services discussed or referenced on this website are available to all persons or in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any Product or Service made on this Website is void where prohibited.
16. INDEMNIFICATION
You remain solely responsive for the Materials and you agree to indemnify, defend and hold harmless Gatwick Production Studios and Virgin Records Limited their parents, affiliates, officers, directors, employees and agents from and against all claims, judgments, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or resulting from any violation or alleged violation by you of this Agreement, including, but not limited to your transmission of the Materials and Gatwick Production Studios’ use of Materials in connection with the Services and as set forth herein. Gatwick Production Studios reserves the right to assume and control the exclusive defence of any matter subject to indemnification by you.
17. MISCELLANEOUS PROVISIONS
17.1 Governing Law This Agreement and claims directly or indirectly arising out of this Agreement shall be governed by and construed in accordance with the laws of England and each party consents
to the exclusive jurisdiction of the English Courts for the adjudication of any disputes arising out of or related to this Agreement.
17.2 Severability If any provision or term of this Agreement, not being of a fundamental nature, is held to be invalid, illegal or unenforceable: (a) the validity, legality and enforceability of the remainder of this Agreement shall not be affected; and (b) with respect to a particular jurisdiction, the applicable provision shall not be affected in any other jurisdiction. Each provision of this Agreement is hereby declared to be separate, severable, and distinct.
17.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties with respect to the subject matter of this Agreement are expressly cancelled. 17.4 Relationship between the Parties: There is no joint venture, partnership, agency, or fiduciary relationship existing between the parties, and the parties do not intend to create any such relationship by this Agreement.
17.5 No Third Party Beneficiaries: Nothing in this Agreement is intended to give nor gives any person (whether natural or legal) who is not a party to it, any rights under the Contracts (Rights of Third Parties) Act 1999, to enforce any of its provisions..
17.6 Force Majeure: We will not be held responsible for any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights.
17.7 Gatwick Production Studios reserves the right to modify or cease operations of the Services at any time without notice.
2. THE SERVICES
2.1 Services: The Website offers digital mastering services in various formats for cd production (“Services”) such formats include digital and physical products and may vary from time to time (“Products”).
3. AGE RESTRICTION
3.1 You must be at least 18 years of age to register and use the Services.
3.2 Children under the age of 13 years of age may not access or use the Website. If you are under 18 years of age but over 13 years of age you may use this Website only with the consent and supervision of a parent or guardian.
4. USE OF THE WEBSITE AND SERVICES
4.1 You are solely responsible for any audio files, data, text and information submitted by you (the “Materials”).
4.2 You agree not to
(a) use the Website or Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(b) use this Website or any of the Services to submit, upload, display, transmit, disseminate or otherwise use any Materials that are false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or violates any law;
(c) threaten, abuse, disrupt, stalk or otherwise violate the legal rights of others;
(d) upload, post or disseminate any information or Material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party or infringes any intellectual property law or other applicable law;
(e) restrict or inhibit any other user from using and enjoying the Website or any of the Services;
(f) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Service;
(g) transmit any Materials, information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component;
(h) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Website, the Services, or the contents of such Website or Services;
(i) impersonate any other individual or entity in connection with your use of this Website or any of the Services;
(j) use the Services to distribute files illegally or violate the rights of others to copy and distribute protected work.
4.3 You further agree, represent and warrant that
(a) you solely own or otherwise control all of the rights to the Material that you submit to the Website and that you are not prohibited from submitting the Materials to Gatwick Production Studios by any other agreement or obligation;
(b) all information and details you provide is accurate, complete and current.
(c) if you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the Website/Services.
In addition, you acknowledge that by using this Website and/or the Services, you are not submitting Materials for the purpose of consideration by any music label associated with or affiliated with Gatwick Production Studios and your Materials will not be reviewed for purposes of submission to any label.
5. USER REGISTRATION AND ACCOUNT
5.1 User Account: You are required to complete the registration process in order to open an account to use the Services and to purchase Products. Such process requires the provision of certain information by you and the registration of a username and password. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security.
5.2 Unauthorised Access: You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and or password. You may not use another person’s account at any time.
5.3 Account Deletion: In the sole discretion of Gatwick Production Studios and at any time with or without prior notice, Gatwick Production Studios may purge any and all of its files associated with your account and your Materials. As a result, it is your responsibility to keep a copy(ies) of the original and mastered files and or Materials. If you request an additional copy of your mastered file from Gatwick Production Studios, we may not be able to provide one for you, and you release Gatwick Production Studios, Gatwick Production Studios, and its affiliates from any related liability in connection therewith.
6. PRICING, TAXES AND COMMENCEMENT OF SERVICES
6.1 Pricing: The prices set out on the Website exclude VAT. We will charge you VAT at the prevailing UK rate in the event that you do not supply a valid EU VAT number. You agree to pay all charges, including postage, shipping, and handling charges at the prices in effect when such charges are incurred. You are solely responsible for paying any applicable taxes relating to your purchases.
6.2 Payment: Payments hereunder to Gatwick Production Studios must be by debit or credit card. Gatwick Production Studios’ merchant Opayo will not charge your credit card until your Materials have been successfully uploaded and you have confirmed the details required for your project, following which we will then take payment prior to the mastering commencing.
6.3 Commencement of Services: You give Gatwick Production Studios permission to commence the performance of its Services prior to the expiry of any “cooling off” period which might otherwise apply following your receipt of the mastered recording submitted to Gatwick Production Studios. Gatwick Production Studios does not provide any refunds subsequent to work commencing on mastering projects.
6.4 Revisions Gatwick Production Studios will provide one (1) set of revisions free of charge to downloaded Materials upon written request.
7. TRADEMARK AND COPYRIGHT INFORMATION
All material on this website, including, but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to GATWICK PRODUCTION STUDIOS and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non- commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of Gatwick Production Studios in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
8. GATWICK PRODUCTION STUDIOS CREDIT
We hereby give you permission and you agree to include the following credit in relation to any CD or other record that has been mastered by the Gatwick Production Studios Online Mastering Service and released to the public by you:
Mastered by Gatwick Production Studios Online Mastering Services
www.gatwickproductionstudios.com
Such credit shall be included in a suitable place in the inner sleeve liner notes of the CD or record and shall be in the same size, typeface and font as any other similar information included in such liner notes. For the avoidance of doubt, we do not grant you any permission to use the Gatwick Production Studios and/or the Service’s name(s), logo(s) and/or brand(s) and/or the name of our individual mastering engineer in any way, save as set out above.
9. PRIVACY
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully. Please refer to our privacy policy.
10. ARCHIVING
Gatwick Production Studios makes no representation or warranty that it shall retain any Materials once the requested work has been completed and the relevant Materials downloaded by you and therefore cannot be held responsible for any partial or complete loss of any Materials. Without prejudice to the foregoing, you give Gatwick Production Studios permission to retain and/or archive copies of Materials for a period of up to three (3) months following the download of the relevant completed Materials by you.
11. EQUIPMENT
Without limiting any provision herein, we make no warranty that any particular computer, portable device or other hardware will be compatible with the Website Products and Services. It is your sole responsibility to ensure that your playback system(s) will function correctly.
12. EXCLUSION OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE WEBSITE PRODUCTS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICES.
13. LIMITATION OF LIABILITY
13.1 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
13.2 SUBJECT TO CLAUSE 13.1, 13.3, 13.4 AND TO THE FULL EXTENT PERMITTED BY LAW, GATWICK PRODUCTION STUDIOS AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE PRODUCTS, THE SERVICES, OR YOUR USE THEREOF. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILTIY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GATWICK PRODUCTION STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. GATWICK PRODUCTION STUDIOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GATWICK PRODUCTION STUDIOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT GATWICK PRODUCTION STUDIOS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
13.3 Notwithstanding any other provision of this Agreement, you and Gatwick Production Studios hereby agree that the maximum aggregate liability of Gatwick Production Studios to you for any claims arising from or related to the Services whether in contract, tort or otherwise, shall be limited to an amount equal to the respective mastering fee paid by you.
13.4 If you are a consumer this Section 13 does not affect your statutory rights.
14. TERMINATION
We have the right to terminate your access to any or all of the Website/Services at anytime.
15. VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all Products or Services discussed or referenced on this website are available to all persons or in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any Product or Service made on this Website is void where prohibited.
16. INDEMNIFICATION
You remain solely responsive for the Materials and you agree to indemnify, defend and hold harmless Gatwick Production Studios and EMI Records Limited their parents, affiliates, officers, directors, employees and agents from and against all claims, judgments, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or resulting from any violation or alleged violation by you of this Agreement, including, but not limited to your transmission of the Materials and Gatwick Production Studios’ use of Materials in connection with the Services and as set forth herein. Gatwick Production Studios reserves the right to assume and control the exclusive defence of any matter subject to indemnification by you.
17. MISCELLANEOUS PROVISIONS
17.1 Governing Law This Agreement and claims directly or indirectly arising out of this Agreement shall be governed by and construed in accordance with the laws of England and each party consents to the exclusive jurisdiction of the English Courts for the adjudication of any disputes arising out of or related to this Agreement.
17.2 Severability If any provision or term of this Agreement, not being of a fundamental nature, is held to be invalid, illegal or unenforceable: (a) the validity, legality and enforceability of the remainder of this Agreement shall not be affected; and (b) with respect to a particular jurisdiction, the applicable provision shall not be affected in any other jurisdiction. Each provision of this Agreement is hereby declared to be separate, severable, and distinct.
17.3 Entire Agreement This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties with respect to the subject matter of this Agreement are expressly cancelled. 17.4 Relationship between the Parties There is no joint venture, partnership, agency or fiduciary relationship existing between the parties, and the parties do not intend to create any such relationship by this Agreement.
17.5 No Third Party Beneficiaries Nothing in this Agreement is intended to give nor gives any person (whether natural or legal) who is not a party to it, any rights under the Contracts (Rights of Third Parties) Act 1999, to enforce any of its provisions..
17.6 Force Majeure We will not be held responsible for any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights.
17.7 Gatwick Production Studios reserves the right to modify or cease operations of the Services at any time without notice.
Online Mastering Terms & Conditions Of Use
This website (“Website”) is the property of and is operated by GATWICK PRODUCTION STUDIOS LTD.
1. ACCEPTANCE OF TERMS
1.1 Access and Acceptance: Your access to and use of this Website and the services referred to in Section 2 below is subject to these terms and conditions. By accessing and or using the Website and or Services you signify that you have read the following terms and conditions and accept and agree to be bound by them, whether or not you register with Gatwick Production Studios (“Agreement”). Where applicable under law, these terms and conditions constitute a ‘writing signed by you’. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST CEASE USING THE WEBSITE/ SERVICES.
1.2 Right to Amend Terms: We reserve the right at our sole discretion to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Website/Services.
2. THE SERVICES
2.1 Services: The Website offers digital mastering services in various formats for cd production (“Services”) such formats include digital and physical products and may vary from time to time (“Products”).
3. AGE RESTRICTION
3.1 You must be at least 18 years of age to register and use the Services.
3.2 Children under the age of 13 years of age may not access or use the Website. If you are under 18 years of age but over 13 years of age you may use this Website only with the consent and supervision of a parent or guardian.
4. USE OF THE WEBSITE AND SERVICES
4.1 You are solely responsible for any audio files, data, text and information submitted by you (the “Materials”).
4.2 You agree not to
(a) use the Website or Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(b) use this Website or any of the Services to submit, upload, display, transmit, disseminate or otherwise use any Materials that are false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or violates any law;
(c) threaten, abuse, disrupt, stalk or otherwise violate the legal rights of others;
(d) upload, post or disseminate any information or Material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party or infringes any intellectual property law or other applicable law;
(e) restrict or inhibit any other user from using and enjoying the Website or any of the Services;
(f) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Service;
(g) transmit any Materials, information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component;
(h) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Website, the Services, or the contents of such Website or Services;
(i) impersonate any other individual or entity in connection with your use of this Website or any of the Services;
(j) use the Services to distribute files illegally or violate the rights of others to copy and distribute protected work.
4.3 You further agree, represent and warrant that
(a) you solely own or otherwise control all of the rights to the Material that you submit to the Website and that you are not prohibited from submitting the Materials to Gatwick Production Studios by any other agreement or obligation;
(b) all information and details you provide is accurate, complete and current.
(c) if you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the Website/Services.
In addition, you acknowledge that by using this Website and/or the Services, you are not submitting Materials for the purpose of consideration by any music label associated with or affiliated with Gatwick Production Studios and your Materials will not be reviewed for purposes of submission to any label.
5. USER REGISTRATION AND ACCOUNT
5.1 User Account: You are required to complete the registration process in order to open an account to use the Services and to purchase Products. Such process requires the provision of certain information by you and the registration of a username and password. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security.
5.2 Unauthorised Access: You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and or password. You may not use another person’s account at any time.
5.3 Account Deletion: In the sole discretion of Gatwick Production Studios and at any time with or without prior notice, Gatwick Production Studios may purge any and all of its files associated with your account and your Materials. As a result, it is your responsibility to keep a copy(ies) of the original and mastered files and or Materials. If you request an additional copy of your mastered file from Gatwick Production Studios, we may not be able to provide one for you, and you release Gatwick Production Studios, Gatwick Production Studios, and its affiliates from any related liability in connection therewith.
6. PRICING, TAXES AND COMMENCEMENT OF SERVICES
6.1 Pricing: The prices set out on the Website exclude VAT. We will charge you VAT at the prevailing UK rate in the event that you do not supply a valid EU VAT number. You agree to pay all charges, including postage, shipping, and handling charges at the prices in effect when such charges are incurred. You are solely responsible for paying any applicable taxes relating to your purchases.
6.2 Payment: Payments hereunder to Gatwick Production Studios must be by debit or credit card. Gatwick Production Studios’ merchant Opayo will not charge your credit card until your Materials have been successfully uploaded and you have confirmed the details required for your project, following which we will then take payment prior to the mastering commencing.
6.3 Commencement of Services: You give Gatwick Production Studios permission to commence the performance of its Services prior to the expiry of any “cooling off” period which might otherwise apply following your receipt of the mastered recording submitted to Gatwick Production Studios. Gatwick Production Studios does not provide any refunds subsequent to work commencing on mastering projects.
6.4 Revisions Gatwick Production Studios will provide one (1) set of revisions free of charge to downloaded Materials upon written request.
7. TRADEMARK AND COPYRIGHT INFORMATION
All material on this website, including, but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to GATWICK PRODUCTION STUDIOS and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non- commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of Gatwick Production Studios in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
8. GATWICK PRODUCTION STUDIOS CREDIT
We hereby give you permission and you agree to include the following credit in relation to any CD or other record that has been mastered by the Gatwick Production Studios Online Mastering Service and released to the public by you:
Mastered by Gatwick Production Studios Online Mastering Services
www.gatwickproductionstudios.com
Such credit shall be included in a suitable place in the inner sleeve liner notes of the CD or record and shall be in the same size, typeface and font as any other similar information included in such liner notes. For the avoidance of doubt, we do not grant you any permission to use the Gatwick Production Studios and/or the Service’s name(s), logo(s) and/or brand(s) and/or the name of our individual mastering engineer in any way, save as set out above.
9. PRIVACY
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully. Please refer to our privacy policy.
10. ARCHIVING
Gatwick Production Studios makes no representation or warranty that it shall retain any Materials once the requested work has been completed and the relevant Materials downloaded by you and therefore cannot be held responsible for any partial or complete loss of any Materials. Without prejudice to the foregoing, you give Gatwick Production Studios permission to retain and/or archive copies of Materials for a period of up to three (3) months following the download of the relevant completed Materials by you.
11. EQUIPMENT
Without limiting any provision herein, we make no warranty that any particular computer, portable device or other hardware will be compatible with the Website Products and Services. It is your sole responsibility to ensure that your playback system(s) will function correctly.
12. EXCLUSION OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE WEBSITE PRODUCTS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICES.
13. LIMITATION OF LIABILITY
13.1 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
13.2 SUBJECT TO CLAUSE 13.1, 13.3, 13.4 AND TO THE FULL EXTENT PERMITTED BY LAW, GATWICK PRODUCTION STUDIOS AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE PRODUCTS, THE SERVICES, OR YOUR USE THEREOF. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILTIY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GATWICK PRODUCTION STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. GATWICK PRODUCTION STUDIOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GATWICK PRODUCTION STUDIOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT GATWICK PRODUCTION STUDIOS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
13.3 Notwithstanding any other provision of this Agreement, you and Gatwick Production Studios hereby agree that the maximum aggregate liability of Gatwick Production Studios to you for any claims arising from or related to the Services whether in contract, tort or otherwise, shall be limited to an amount equal to the respective mastering fee paid by you.
13.4 If you are a consumer this Section 13 does not affect your statutory rights.
14. TERMINATION
We have the right to terminate your access to any or all of the Website/Services at anytime.
15. VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all Products or Services discussed or referenced on this website are available to all persons or in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any Product or Service made on this Website is void where prohibited.
16. INDEMNIFICATION
You remain solely responsive for the Materials and you agree to indemnify, defend and hold harmless Gatwick Production Studios and EMI Records Limited their parents, affiliates, officers, directors, employees and agents from and against all claims, judgments, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or resulting from any violation or alleged violation by you of this Agreement, including, but not limited to your transmission of the Materials and Gatwick Production Studios’ use of Materials in connection with the Services and as set forth herein. Gatwick Production Studios reserves the right to assume and control the exclusive defence of any matter subject to indemnification by you.
17. MISCELLANEOUS PROVISIONS
17.1 Governing Law This Agreement and claims directly or indirectly arising out of this Agreement shall be governed by and construed in accordance with the laws of England and each party consents to the exclusive jurisdiction of the English Courts for the adjudication of any disputes arising out of or related to this Agreement.
17.2 Severability If any provision or term of this Agreement, not being of a fundamental nature, is held to be invalid, illegal or unenforceable: (a) the validity, legality and enforceability of the remainder of this Agreement shall not be affected; and (b) with respect to a particular jurisdiction, the applicable provision shall not be affected in any other jurisdiction. Each provision of this Agreement is hereby declared to be separate, severable, and distinct.
17.3 Entire Agreement This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties with respect to the subject matter of this Agreement are expressly cancelled. 17.4 Relationship between the Parties There is no joint venture, partnership, agency or fiduciary relationship existing between the parties, and the parties do not intend to create any such relationship by this Agreement.
17.5 No Third Party Beneficiaries Nothing in this Agreement is intended to give nor gives any person (whether natural or legal) who is not a party to it, any rights under the Contracts (Rights of Third Parties) Act 1999, to enforce any of its provisions..
17.6 Force Majeure We will not be held responsible for any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights.
17.7 Gatwick Production Studios reserves the right to modify or cease operations of the Services at any time without notice.
