TERMS & CONDITIONS

Studio Hire Terms and Conditions

LOBSTER STUDIOS PTY LTD ACN 687 788 003 | ABN 36 687 788 003

These Terms and Conditions govern the hire and use of the photography studio operated by Lobster Studios (Lobster Pty Ltd) (we, us, our). By confirming or paying for a Booking, or by using the Studio, you (the Client) agree to these Terms. Please read them carefully.

1. Definitions and interpretation

Booking means a reservation of the Studio for a defined Hire Period, whether made through our online booking system or by any other means (including by invoice).
Client, you or your means the person or entity making the Booking and using the Studio, and includes your Personnel, guests and invitees.
Equipment means any equipment, fixtures, lighting, backdrops, cyclorama or other items provided by us as part of the Studio hire.
Hire Period means the booked session (full day, half day or two-hour session, as applicable), including any set-up and pack-down time.
Personnel means your employees, contractors, models, talent, crew, agents, guests and invitees attending the Premises.
Premises means the building and areas in which the Studio is located.
Studio means the photography studio operated by Lobster Studios and made available for hire, together with the Equipment.
Studio Rules means the safety and usage rules set out in these Terms and any further reasonable directions we give you or your Personnel.
Terms means these Terms and Conditions, as updated from time to time.
A reference to us, we or our is a reference to Lobster Studios. Headings are for convenience only and do not affect interpretation.

2. Acceptance of these Terms

Where you book through our online booking system, you accept these Terms by ticking the acceptance box, a ticking the public liability confirmation box, before your Booking is completed.
Where you book by any other means (including where we hold a date for you or issue an invoice), you accept these Terms by paying for your Booking, by attending the Premises, or by otherwise proceeding with your Booking. We may provide these Terms to you by link, as a PDF, or together with your access information.
You do not need to sign these Terms. By reading these Terms and proceeding with your Booking, you agree to be bound by them.
You warrant that you are at least 18 years old and, where you book on behalf of a business or other entity, that you are authorised to bind that entity and your Personnel to these Terms.

3. Insurance and public liability

This is an important clause. Please read it carefully.

You must hold and maintain current public liability insurance of at least $10 million (we recommend $20 million) for the duration of your Hire Period. Your cover must be sufficient to cover all persons attending the Studio and all activities conducted during your Booking, including in respect of any accident, injury, illness or death.
By making a Booking, you confirm and warrant that you hold public liability insurance meeting the above requirement, and that it will remain in force throughout your Hire Period.
It is your responsibility to ensure that your Personnel are appropriately covered.
We may (but are not obliged to) ask you to provide evidence of your public liability insurance, and you must provide it on request.

4. Your responsibilities and the Studio Rules

You must make your own assessment as to the fitness of the Studio, the Equipment and the Premises for your particular purposes.
You warrant that you have read, and will comply with, and will ensure that each of your Personnel reads and complies with, the Studio Rules and these Terms.
You are responsible for your own safety and the safety of your Personnel, and you must follow all safety instructions and reasonable directions we give during your Hire Period.
You must take care around lighting equipment, cables and other potential hazards, must not use props or equipment inappropriately, and must keep the environment tidy and free from hazards.
If at any time we consider, in our sole discretion, that you or your Personnel are acting unsafely, we may require the relevant activity to cease, or require you or your Personnel to leave the Premises, without liability to you.

5. Equipment

Equipment is included as part of the Studio hire. The Equipment is for professional use and is technical in nature.
You warrant that you and your Personnel are suitably qualified to operate the Equipment, and that you understand how to use and operate it in accordance with the manufacturer's directions. If you are not confident operating any Equipment, we recommend that you engage a qualified person.
Any equipment you bring to the Premises must be safe to use, and you are responsible for it.
The Equipment must remain in the Studio or Premises at all times and must not be removed from the site without our prior written approval.
You assume all risk in the Equipment from the commencement of the Hire Period until its completion.
We do not guarantee that any particular item of Equipment will be available for your Booking, and we may substitute an item of equivalent quality and function.
You must report any fault or damage to the Equipment to us promptly, and must not attempt to repair it yourself.

6. Use of the Studio, prohibited and restricted activities

Open flames and naked flames (including candles) are strictly prohibited at all times.
Smoke, haze, fog and similar effects, and any use of fire, flame or pyrotechnic effects, are prohibited unless we have approved their use in writing in advance.
Water, wet sets, pools, faux bathroom sets and similar are prohibited unless we have approved their use in writing in advance.
You must declare in your Booking (or by prior written notice to us) any props, sets or activities that require our approval under this clause, so that we can consider them before your Hire Period.
Fire alarm activations, and any resulting fire brigade or emergency service call-out fees, will be charged to you where caused by you or your Personnel.
Smoking and vaping are not permitted anywhere inside the Studio or the Premises.
You must not affix anything to, or paint or mark, the walls, floors or fixtures, and must not use glitter, confetti or similar materials, without our prior written approval.
Animals are permitted only with our prior written approval.
You may use only the areas of the Premises made available for your Booking, and must not access restricted or back-of-house areas.

7. Attendance and the shared premises

You must not exceed the maximum number of attendees for the Studio, being 8 persons, unless we have agreed otherwise in writing.
The Studio is located within a shared building. You and your Personnel must respect common areas, parking and loading arrangements, keep noise to reasonable levels, and avoid disturbing other occupants of the building.
You and your Personnel must comply with all building rules and all fire, safety and evacuation procedures applicable to the Premises.
Any minors attending the Studio must be supervised at all times by a parent or responsible adult, and you are responsible for obtaining any
Consents required for their attendance or participation.

8. Access and security

Access to the Studio is provided by a lock box code, or as otherwise arranged with us. You must keep any access code confidential and must not share it beyond your Personnel.
You are responsible for securing and locking the Studio and the Premises whenever the space is unattended and on leaving at the end of your Hire Period.
You are responsible for any loss or damage arising from the Studio or Premises being left unsecured during your Hire Period.
You must report any accident, injury, loss or damage to us as soon as reasonably possible.

9. End of the Hire Period, departure and cleaning

Your Hire Period includes all set-up and pack-down time. You must vacate the Studio by the end of your booked Hire Period.
If you remain beyond your Hire Period, we may charge an overtime fee of $60 per hour (or part hour). You are also responsible for any loss we incur where a late departure affects a subsequent booking.
You must leave the Studio and Equipment in the same condition as at the start of your Hire Period, remove all of your property, props and rubbish, and leave the space clean and tidy.
Where additional cleaning is required because of the condition in which the space is left, we may charge a reasonable cleaning fee AT OUR DISCRETION.

10. Bookings, payment and cancellations

Bookings made through the online booking system are paid in full at the time of booking and are not confirmed until payment is received. Bookings made by other means are confirmed in accordance with the terms of your invoice.
All fees are inclusive of GST where applicable.
Date holds may be available but are subject to a 48-hour release and are not guaranteed. We will do our best to accommodate held dates.
Bookings may be rescheduled or cancelled more than 48 hours before the booked session. No refund is payable, but studio credit will be issued, which may be used within 4 months of the issue date, subject to studio availability.
Where a Booking is cancelled within 48 hours of the booked session, you will receive studio credit valued at 50% of the session fee, and forfeit the remaining 50% of the fee.
Where a Booking is cancelled within 24 hours of the booked session, the entire booking fee is forfeited.
If a session has not been paid for at the time of cancellation, we may issue an invoice for 50% of the booking fee.
Nothing in this clause limits or excludes your rights under the Australian Consumer Law (see clause 17).

11. Termination of a Booking

We may terminate any hire agreement at any time, without liability to you, where you have breached these Terms or the Studio Rules.
We may also terminate where we are unable to provide the booked service due to circumstances outside our reasonable control, including building damage or repairs, equipment
damage, weather events, death or illness, fires or evacuations, or localised power outages.
On termination under this clause, and to the extent permitted by law, we have no liability to you for any loss, damage, claim, cost or expense arising from or in connection with the termination. This clause does not limit your rights under the Australian Consumer Law.

12. Force majeure

We are not liable for any failure or delay in providing the Studio or related services due to circumstances beyond our reasonable control, including natural disasters, power outages, or other force majeure events.
We are not liable for any costs incurred by you or your Personnel as a result of a force majeure event. This clause does not limit your rights under the Australian Consumer Law.

13. Damage and charges

You are responsible for any damage to the Studio, the Premises or the Equipment caused by you or your Personnel. Damage will be assessed and invoiced to you as the reasonable cost of repair or replacement.
Excessive marks on, or any damage to, the cyclorama will be assessed and invoiced accordingly.
Lost or stolen studio keys will incur a fee of $500, reflecting the reasonable cost of replacement and re-keying.
Any charge under this clause represents a genuine and reasonable estimate of the cost or loss incurred by us.

14. Your content, model releases and intellectual property

You retain ownership of, and are solely responsible for, all photographs, footage and other content you create during your Booking. We claim no rights in your content.
You are responsible for obtaining any model, talent or property releases, and any other permissions required for your shoot and its intended use.
You indemnify us against any claim arising from the content you create or your conduct during your Booking, including any claim relating to intellectual property, defamation or privacy, except to the extent caused by our negligence or breach.
We may photograph or film the Studio space itself for our own marketing purposes. This does not extend to your shoot content, sets or talent without your consent.

15. Risk, liability and indemnity

You enter and use the Studio and the Premises at your own risk, and you are responsible for the safety of yourself and your Personnel.
To the extent permitted by law, we do not accept responsibility or liability for loss of, or damage to, any personal property, belongings or equipment brought to or left at the Premises by you or your Personnel.
To the extent permitted by law, and except to the extent caused by our negligence or wilful misconduct, we are not liable for any injury, loss or damage suffered by you or your Personnel at the Premises.
You indemnify us against any loss, damage, liability, claim, cost or expense (including any third party claim) that we suffer or incur arising from your use of the Studio, your breach of these Terms or the Studio Rules, any act or omission of you or your Personnel, or your failure to hold public liability insurance under clause 3, except to the extent caused by our negligence or breach.
In the event of an emergency, you consent to any emergency medical treatment that may be necessary as a result of injury or illness occurring at the Studio, and you agree to cover any medical costs resulting from such an emergency.
Nothing in this clause limits or excludes any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded (see clause 16).

16. Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
These Terms are to be read subject to those guarantees, and where the Australian Consumer Law applies, your rights under it prevail over any inconsistent provision in these Terms.

17. CCTV surveillance

The Studio is monitored by CCTV, comprising two cameras inside the space and one camera at the entrance, each with accompanying signage. Footage is used to help ensure the safety of clients, to record any theft of or damage to Equipment, and to confirm that clients leave at the scheduled time.
By entering the Studio, you acknowledge and consent to being recorded by our CCTV systems. Footage is stored securely and will only be accessed, used or disclosed where reasonably necessary for security, incident investigation, legal compliance, or the protection of property and persons.
CCTV footage is not used for commercial, marketing, or promotional purposes.

18. Privacy

We handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We collect personal information through our booking and intake process to confirm and manage your Booking, process payment, arrange access to the Studio, and maintain the security of the Premises.
We will not share your personal information without your consent, except where required or permitted by law.

19. Our right to refuse or cancel a Booking

We may decline or cancel any Booking at our discretion. Where we cancel a Booking other than because of your breach of these Terms, we will refund the fees paid for the unused portion of that Booking.

20. Complaints and disputes

If you have a concern or complaint, please raise it with us first. We will work with you in good faith to try to resolve any dispute before commencing legal proceedings. This clause does not limit your rights under the Australian Consumer Law, and does not prevent either party from seeking urgent relief where necessary.

21. Amendments to these Terms

We may modify or update these Terms from time to time. The Terms that apply to your Booking are those in force at the time your Booking is made.
Updated Terms will apply to Bookings made after the update takes effect.

22. General

These Terms, together with your Booking and any invoice, form the entire agreement between us in relation to your hire of the Studio, subject to your non-excludable rights under the Australian Consumer Law.
No variation of these Terms is effective unless agreed by us in writing. Our failure to enforce any provision is not a waiver of it.
If any provision of these Terms is found to be invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue in force.
You may not assign or transfer your Booking to any other person without our prior written consent.
Notices may be given by email to the address used for your Booking.

23. Governing law

These Terms are governed by and are to be interpreted in accordance with the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.