Definitions and Particulars

• Venue: 318-320 Station Street Chelsea VIC 3196
• Studio Hire Fees means: as specified in the Particulars of Hire
• Equipment means: General and any photographic equipment including but not limited to infinity screens / cyclorama, flash kit, spotlights, filters, soft light diƯuser, and the likes
• Deposit means: 100% upfront payment for the package selected
• No of people using the Studio means: four per session
• Services means: photography and related services
• Date for Payment: booking date.

Studio Venue Hire Agreement

• The Schedule and these standard terms and conditions form the Studio Venue Hire Agreement (Agreement) between Magic Frames Australia Pty Ltd (MAGIC) and the Hirer. No other terms and conditions or other documents are relevant unless expressly acknowledged and referenced in and attached to this document.
• The Hirer agrees to hire the Studio, Facilities and/or Equipment on the terms and conditions of the Agreement, and the payment for such Studio, Facilities and/or Equipment, and the issue of any receipt or confirmation of hire shall be deemed to be an acknowledgment and acceptance by the Hirer of these terms and conditions.
• This Agreement is not intended to grant any exclusive rights to the Hirer in relation to the Venue/Studio.

Hire Fee

• The Hirer must pay the Studio Hire Fee specified for hire of the Studio, Facilities and/or Equipment by the Date/s for Payment, otherwise MAGIC reserves the right to cancel the booking and allocate the Studio to another person.
• Where MAGIC provides other Services to the Hirer in association with the hire, the Hirer shall be invoiced by MAGIC for such Services separately and must pay such invoice within seven (7) days of receipt.
• MAGIC expressly reserves the right to revise its fees and charges and shall not be liable in any way for loss or damage incurred due to the exercise of this right.

Hirer’s Obligations

The Hirer agrees:

• To be responsible for the cost of making good any damage or loss caused to the objects, buildings, furniture, fittings and equipment arising out of and/or in the course of the Hirer's usage of the studio;
• To obtain prior approval from MAGIC for the use of any signs, banners and decorations connected with the Event. No nails, screws, adhesives or fastenings may be driven into or attached to the walls, doors, glass, floors, furniture, fittings and equipment without the express consent of MAGIC;
• Not to carry on any activity at the Venue which is dangerous, noxious, oƯensive, illegal, noisy or objectionable;
• Not to allow the Venue to be used for any purpose other than photography purposes;
• Not to carry out any illegal and unlawful business practices in the venue;
• To vacate the Venue at the conclusion of the agreed hire time set out in our written confirmation. Any extension of time or failure to vacate the premises at the agreed time shall incur an additional fee (based on an hourly rate);
• not to bring into the Venue any heavy equipment or machinery without the prior written consent of MAGIC;
• To remove from the Venue all equipment brought by the Hirer onto the Venue and make good any damage to the Venue caused by the removal;
• To leave the premises in clean condition, failure to do so will incur additional cleaning charges;
• To be responsible for the conduct and behaviour of all employees, agents and invitees of the Hirer;
• To comply with all applicable laws, including health and safety regulations, and fire regulations;
• To comply with any directions and/or general venue use information provided by MAGIC.
• That MAGIC will not accept any responsibility for damage or loss of items left in the premises prior, during or after the hire.
• That the studio is to be used only for Photography purposes. The Hirer shall not conduct any other business or activity in the studio without written consent from MAGIC.
• Shall not to spend more than 20 mins per studio without written consent from MAGIC.
• That the Hirer will make good any damage caused to the facility at MAGIC or its Equipment by the Hirer, Hirer’s guests or subcontracted labour, invitees or person attending the Venue, on any part of the Venue. Damage includes but not limited to breakages, untidy or unclean surfaces, left overs, general rubbish, etc.
• That no food, liquor or drinks (alcoholic or non-alcoholic) are allowed inside the studio.
• That children must be supervised at all times as the Venue uses high voltage electrical equipment.
• The Number of people using the Venue does not 30 people at any given time. However individual group size shall not exceed 10 people. exceed the number specified under this Agreement.
• Not to engage in any comment, action or omission which in MAGIC’s opinion may be deemed as defamatory, obscene (whether sexual or non-sexual in nature), abhorrent, indecent, abusive, oƯensive, harassing, violent, hateful, or otherwise objectionable.

Shared Facility

• The Hirer acknowledges that the Venue is a shared facility and that there may be other patrons in the other rooms in and around the hired Venue. The Hirer shall at all time/s maintain the professional decorum and observe mutual respect and privacy towards other patron/s at the Venue.
• MAGIC reserves the right to re-assess the Venue hire and make a room change at any time prior to the hire date.

Liability

• The Hirer is liable for themselves, their employees, agents, invitees and any contractors whom they may engage at the studio,
• Subject to the express warranties contained in this Agreement and to the extent permitted by law, MAGIC will not be liable for any loss or damage whatsoever suƯered by the Hirer as a result of any act, omission or statement made by MAGIC, its employees, contractors or agents whether in contract, negligence or howsoever otherwise.
• The total liability of MAGIC towards the Hirer in respect of any claim whether made in contract, tort, strict liability or under statute or otherwise for any loss, damage, cost, claim, expense, penalty or other payment arising out of, in any way connected with or resulting from the hire for any indirect or consequential loss or damage, under or breach of this Agreement shall not, under any circumstances, exceed 100 percent of the Studio Hire Fee payable by the Hirer.

Indemnity

The Hirer hereby indemnifies MAGIC and MAGIC’S employees, volunteers, contractors and agents against and releases them from any loss including but not limited to legal costs and expenses or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose directly or indirectly from or in connection with:

• Any breach of this Agreement by the Hirer;
• The hire and use of the Venue or access to any part of the Building;
• Any actions or omissions of the Hirer’s employees, staƯ, contractors, agents, and invitees.

GST

• The parties acknowledge that, unless otherwise specifically stated, all payments and amounts stated or arising under this Agreement are exclusive of GST. If GST is payable on a Taxable Supply made in connection with this Agreement, the party providing the Consideration for that Taxable Supply must also pay the amount of GST payable in respect of that Taxable Supply as additional Consideration.
• No payment of any amount pursuant to the previous sub-clause and no payment of the GST amount where the Consideration for a Taxable Supply is expressly agreed to be GST inclusive, is required until the supplier has provided a Tax Invoice or Adjustment Note, as the case may be, to the recipient.
• Where a supplier incurs a cost or expense for which it may be reimbursed by, indemnified against, claim against or set-oƯ against the other party under this Agreement, the amount to be paid or credited is the cost or expense (reduced by the input tax credit that the supplier may claim in respect of that cost or expense) plus the amount in respect of GST payable by the recipient as calculated under this clause
• If a payment under an indemnity gives rise to a liability to pay GST, the payer must pay and indemnify the payee against the amount of that GST. A party may recover payment under an indemnity before it makes the payment in respect of which the indemnity is given.
• For the purposes of this clause, “GST”, “Tax Invoice”, “Taxable Supply”, “Consideration” and “Adjustment Note” have the meanings given by the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

Termination

Either party reserves the right to terminate the Agreement on the following terms:

• If the Hirer terminates the Agreement more than seven (7) days prior to the hire through no fault or breach of the Agreement by MAGIC, the Hirer will receive a full refund of the Deposit Fee for that hire.
• If the Hirer terminates the Agreement less than seven (7) days before the hire through no fault or breach of the Agreement by MAGIC, then MAGIC shall be entitled to retain 50% of the Deposit Fee for that hire.
• If the Hirer terminates the Agreement within 48hrs from time of hire, then MAGIC shall be entitled to retain 100% of the Deposit Fee for that hire .
• If MAGIC terminates the contract through no fault or breach of the Agreement by the Hirer, MAGIC will refund all monies receipted from the Hirer for that hire.
• MAGIC may terminate this Agreement immediately upon giving notice to the Hirer if:
• The Hirer breaches any material provision of this Agreement;
• The Hirer substantially alters the purpose for which the Venue is hired; or
• MAGIC becomes aware of conditions under which the Venue is hired could jeopardize public safety, public order or involve an unacceptable risk of personal injury or damage to property.

Occupational Health and Safety

Both parties must comply with health and safety policies and procedures that apply to the Venue. Both parties must ensure that its respective employees, contractors, performers, agents or invitees working or otherwise entering the Venue during the term of this Agreement acts in accordance with and always complies with MAGIC’s policies and procedures regarding health and safety, including but not limited to evacuation procedures, maximum number of persons at the Premises etc. Either party will immediately notify each other of any hazards which they observe or become aware of at the Venue.
All parties are expected to be courteous and respectful and must abide by the fair work code of conduct as is stipulated by the Fair Work Commission. Any breach of this code of conduct must be reported to MAGIC immediately. Both parties promote open lines of communication.

Intellectual Property

As between the Parties, each Party shall retain all their right, title and ownership of its own Intellectual Property

Force majeure

In the event of any happening beyond MAGIC’s reasonable control, including but not limited to strikes, lock-outs or other interruptions in operation, pandemic, stoppages, breakdowns in Equipment, fire, as well as every circumstance of political, economic or other nature beyond MAGIC’s control, in consequence of which MAGIC cannot fulfil its obligations, MAGIC shall not be liable for any damages or other compensation to the Hirer..

Assignment

Rights arising out of or under this Agreement are not assignable by one party without the prior written consent of the other party or parties. A party may not unreasonably withhold its consent to assignment. A purported assignment without written consent will be deemed to be void and convey no rights.

Sub-Lease

The Hirer cannot sublease the place to any other person, entity or hirer whether or not the entity is an associated entity within the meaning of section 50AAA of the Corporations Act 2001 (Cth).

Warranty

MAGIC gives no warranty that the Venue or any of its facilities, equipment or services will be suitable for the purpose for which the Venue is intended to be used by the Hirer and the Hirer agrees that it will satisfy itself as to these matters. MAGIC will not be liable to the Hirer for any loss suƯered by the Hirer because of the Venue or the facilities, Equipment or services not being adequate for the Hirer's purposes.

Severance

If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

Entire Agreement

This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.

Variation

A variation of this Agreement is only valid if in writing and executed by the parties in the same manner as they executed this Agreement.

Disputes

If a dispute arises between the parties, a party must not start legal or court proceedings (except proceedings seeking injunctive declaratory or interlocutory relief) in respect of a dispute arising out of this Agreement (Dispute) unless it has taken reasonable eƯort to resolve matters through mediation according to the arbitration rules set out by The Institute of Arbitrators and Mediators Australia.

Waiver

No right under this Agreement is waived or deemed to be waived except by notice in writing signed by the party waiving the right. A waiver by one party of its rights as a result of a breach by any other party under this Agreement does not prejudice its rights in respect of any other breach by that other party.

Relationship of the parties

Unless specifically stated otherwise, this Agreement is not intended to create a relationship of partnership, joint venture, lessor/lessee or agency between the parties.

Law

This Agreement is to be governed by and interpreted in accordance with the law of the state of Victoria, which is the appropriate jurisdiction and forum for any dispute concerning this Agreement.