General terms and conditions of business

for studio use. Status 06.06.2023.

1 GENERAL: 

1.1 Westside Studios GmbH (hereinafter referred to as the Contractor) rents out its studio exclusively under the following terms and conditions. Deviating conditions of the client (hereinafter referred to as "Client") shall not be valid. An express objection on the part of the contractor is not required in this respect in individual cases.

1.2 Contracts shall be concluded in a binding manner by the Principal confirming the Contractor's written offers in writing or by consciously making use of the services offered.

1.3 Amendments and supplements to the contract must be made in writing to be effective.

2 USE OF THE ROOMS AND TECHNICAL FACILITIES:

2.1 The Contractor rents the rooms of the rental studio Frankfurt West to the Client for the specified duration.

2.2 The right to use the rental object is exclusively entitled to the AG. Any subletting or other transfer to third parties is not permitted.

2.3 After termination of the contract, all rented rooms will be vacated by the OP and returned to their original condition. Deliveries of equipment, props, etc. outside the rental period shall require the agreement of and the express consent of the Contractor and shall be invoiced separately if necessary.

2.4 Place of performance for all services to be rendered by the contractor is the studio in Frankfurt. Upon acceptance, the Principal shall satisfy himself of the proper condition of the objects accepted as well as the accessories. Any defects or deficiencies shall be notified immediately upon receipt.

2.5 The AG is obliged to treat the objects handed over to him with care. He is not authorised to sublet them to third parties or to give them to third parties.

3 LIABILITY OF THE AG:

3.1 The risk of accidental loss and deterioration of the rental object and the objects taken over shall pass to the OP upon handover. He shall also bear the transport or shipping risk, even if the transport or shipping was carried out by the Contractor.

3.2 The Client shall be liable for the completeness and harmlessness of the rented item and the items handed over upon return.

3.3 The Principal shall be liable for all property damage and personal injury arising in direct or indirect connection with the use of the studio by him. In particular, for property damage and personal injury resulting from incorrect operation and incorrect loading of the ceiling rail system and its load motors.

3.4 The OP shall be responsible to the CO for compliance with the accident prevention regulations; he shall be responsible for ensuring that no persons are present in this area when using the ceiling rail system and its load motors, so that injuries caused by falling objects are excluded. The client is responsible for strict compliance with the smoking ban in the studio.

3.5 By using the Contractor's Internet access by the Client, whether via WLAN or cable, the Client agrees to assume liability for legal and illegal downloads made via the Contractor's Internet access during the rental period.

3.6 The Contractor shall provide Internet access for livestreams at the respective current download and upload speed. The Contractor shall expressly assume no liability for Internet failures or deviations in the average specified speed that lead to an impairment or failure of the live stream. It is expressly pointed out that the studio does not have a second independent Internet access, which could serve as a security backup, should this not be explicitly booked or noted in the offer.

3.7 Any repairs to the rental object and the objects handed over that become necessary during the rental period shall be borne by the OP up to an amount of € 100 in individual cases. The Client must inform the Contractor immediately of any damage occurring during the rental period.

3.8 Lost or destroyed objects shall, at the discretion of the Contractor, either be replaced by equivalent objects by the Client at the latter's expense or shall be invoiced to the Client at the current price.

3.9 Points 3.1, 3.2, 3.3, 3.7 and 3.8 shall not apply if the technology is the responsibility of the Contractor's personnel, for example if personnel for camera, lighting, sound or other technology has been booked. In this case, the risk shall pass to the Contractor. Deliberate damage on the part of the Client is excluded from this.

4 LIABILITY OF THE AN:

4.1 In the event that the Client or third parties suffer damage of any kind as a result of disruption or failure of the rental object, the Contractor shall only be liable if the damage is due to intent or gross negligence on the part of the Contractor.

5 TERMS OF INVOICE AND PAYMENT:

5.1 Complaints about invoices shall in no case postpone the due date of the invoiced amounts.

5.2 All payments are to be transferred to the account specified in the invoice within 14 days of the invoice date.

5.3 Offsetting against the claims of the Contractor is only possible with undisputed or legally established counterclaims. If the OP is an entrepreneur within the meaning of §14 BGB, the assertion of rights of retention shall be excluded.

5.4 If the agreed payments are not made punctually, not in the agreed form or not in full, the Contractor shall be entitled to withdraw from the contract after expiry of a period of grace to be set by him. Until expiry of the period of grace, the Contractor shall be entitled to refuse all contractual services until all arrears have been paid.

6 WITHDRAWAL FROM THE CONTRACT:

6.1 Unless otherwise agreed in the individual booking confirmation, the following agreement shall apply in the event of withdrawal from the contract: 

• Should the booking of our studio be expressly forbidden by law, you will be liable for none Cancellation fees to (e.g. in case of a hard lockdown that prohibits you from running the scheduled event).
• Cancellation up to 6 weeks before the start of the booking will be charged 25 % of the total cost.
• In case of cancellation up to 10 days before the start of booking 50 % of the total cost will be due. 
• In case of cancellation from 10 Days before booking start the costs are 100 % of the agreed price. 
• If another option was cancelled for the booking and this was explicitly communicated with AG, the cancellation fee is 100 %.
• It is often possible to find middle ground or other production dates to avoid or mitigate cancellation fees - but there is no guarantee of this. We are always ready to talk.

We waive the cancellation fee gladly, if the appointment with full service is rebooked no later than 3 days after the start date of the booking to another date within the next two months after the originally agreed date. 

7 PLACE OF JURISDICTION AND PLACE OF PERFORMANCE

7.1 The law of the Federal Republic of Germany shall apply to all legal relations between the AN and the AG.

7.2 Place of performance and jurisdiction is Frankfurt/Main.

7.3 Should a provision of this contract be or become legally ineffective, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision which comes closest to the mutual interests within the scope of the content of the contract.