Terms & Conditions

This page contains our Privacy Policy, Studio & Equipment Hire Terms & Conditions, Training, Courses & Workshops Terms & Conditions and Photography Terms & Conditions. These Terms & Conditions apply to all confirmed bookings and we recommend that you familiarise yourself with them before booking any of our services. Should you have any questions please call us on 01273 601965.

Privacy Policy

We do not store credit card details nor do we share customer details with any 3rd parties.

Studio & Equipment Hire Terms & Conditions

Studio Hire prices are for space rental only. If you need additional lighting equipment, assistants, digital workflow operators or any other additional services please contact us in advance to arrange this and ensure availability.

By booking studio and/or equipment hire with us you automatically agree to these terms and conditions.

Definitions

In these conditions the following expressions have the following meanings:

“Create Studios” Garage Studios Brighton Limited trading as Create.

“the Customer” any person or firm or company dealing with Create Studios or any servant or employee of such a person firm or company.

“Services” shall include all studio facilities and the services of assistants, technicians, operators and other personnel of Create Studios or of any sub-contractor of the Company.

“Equipment” all studio fixtures and other equipment provided by Create Studios or by its nominated sub-contractors.

“Studios” the premises of Create Studios for the time being where the services and equipment are provided.

General

1. Create Studios will insure the Studios and Equipment against all normal insurable risks but not further or otherwise. The Customer must effect its own insurance cover against consequential loss of profit and other Risks and must effect its own cover against loss, damage or theft of any of its own equipment brought onto the studio. Under no circumstances will Create Studios entertain any claims arising out of any failure of the Customer to effect its own insurance cover. The Customer must ensure that their Public Liability insurance is operative for all persons in the studio during the hours of use to cover any accident, injury or death.
2. These Conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorised signatory on behalf of Create Studios.
3. Full details of the Create Studios services and charge rates are set out in the Create Studios Hire Price Lists which may be varied by Create Studios without notice.
4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of Create Studios resulting from negligence or otherwise unless permitted by Statute.
5. The Customer is responsible for any breakages, loss or damage occasioned to the Equipment or the Studio caused by or arising from the Customer use thereof or by any servant agent employee or sub-contractor of the Customer.
6. Any discounts offered on Create Studios hires are exclusive. They cannot be combined. Except for company wide or pre-agreed discounts, the higher discount will always be applied. In the case of special offers these must be requested at time of booking, and will not automatically be applied.

1. The Studio is available for daily use between 0900hrs and 1800hrs. Use outside these hours shall be charged at the published overtime rates unless previously agreed in writing by Create Studios.
2. The Studio may be provisionally booked by telephone and the booking should be confirmed within 24 hours. The Customer will be further required to sign a Studio & Equipment Hire Form which is binding to these Conditions. A non-refundable 50% deposit is payable in advance unless otherwise agreed in writing.
3. Studio and Equipment hire bookings must be paid for on the day of the shoot unless otherwise agreed in writing.
4. If the Customer wishes to postpone a confirmed booking this must be done at least 48 hours before the hire period starts or 50% of the full studio booking rate will apply.
5. Bookings may only be extended with the prior consent of Create Studios, and published overtime rates will be applicable to hires that run over the booked time. Customers must ensure that set up and take down time takes place within the hours booked.
6. The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by Create Studios or by any statutory body or Local Authority.
7. The Studio is available for the exclusive use of the Customer named in the booking and the Customer is not permitted to sub-contract sub-let or otherwise permit any third party to utilise the Studio without the prior written consent of Create Studios.
8. Any materials used in connection with sets constructed by the Customer as well as any rubbish shall be removed from the Studio at the end of the hire period at the expense of the Customer otherwise additional charges will apply.
9. No alterations, decorations or additions to the Studio are permitted without the consent of Create Studios. At the end of the hire period the Studio must be surrendered in the same condition that it was in at the start of the hire period. Any costs incurred by Create Studios arising out of any breach of this Condition shall be paid by the Customer.
10. The Studio is supplied clean, with a white painted cove if applicable, at the start of the hire period and all the costs of painting, repairing, and maintaining this state are payable by the Customer. Create Studios must be notified by the Customer at the start of the hire period if any aspect of the condition or decoration of the Studio or the cove is unacceptable. If no such notification is given the studio, cove and decoration will be determined to be of an acceptable standard for use by the Customer. Special painting requirements should be notified to the Studio Manager at least 5 working days in advance and will incur additional costs.
11. The Customer must ensure that any persons under the age of 18 have parents’ or guardians’ permission to be at the studio during the period of studio hire.

Hire of Services and Equipment

1. All equipment and services are supplied by Create Studios entirely at the risk of the Customer. Create Studios shall not be liable for loss or damage of any kind to material or props or equipment entrusted to it however caused including consequential loss and loss of profit.
2. The Customer must notify Create Studios at the time of supply if the condition of any Equipment is not acceptable.
3. In no circumstances shall Create Studios be liable for any loss or damage, including consequential loss, however caused arising out of the use or the inability to use the Equipment supplied or agreed to be supplied
4. The Customer may not without the written consent of Create Studios:
   1. Remove the equipment from the Studio premises; or
   2. modify or alter or tamper with the Equipment in any way; nor
   3. use the Equipment in a manner not recommended by the Manufacturer; nor
   4. allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor
   5. part with possession sell pledge encumber or suffer any lien to be created on the Equipment.
5. Where at the request of the Customer Create Studios supplies to the Customer the services of assistants, sub- contractors, freelancers or other persons such persons shall be deemed to be the servant of the Customer and the said services shall be deemed to be rendered by the Customer and Create Studios shall not be liable for loss or damage of any kind however caused.
6. Create Studios shall not be liable for any loss or damage howsoever arising out of any statement advice instruction or any other representation given or made by any servant of Create Studios or any other person whose services are supplied to the Customer.
7. The hire period for services or Equipment cannot be extended otherwise than with the consent of Create Studios.
8. Equipment must be returned promptly at the end of the hire period in good condition (save for fair wear and tear). The Customer shall pay or compensate Create Studios for the replacement value of lost or damaged Equipment or in respect of any cancellation or variation of any order or failure to return the Equipment on time.
9. Equipment and services may be provisionally booked by telephone and the booking should be confirmed within 24 hours. The Customer will be further required to sign an Equipment Hire Form which is binding to these Conditions. A non-refundable 50% deposit is payable in advance unless otherwise agreed in writing.
10. Bookings may only be extended with the prior consent of Create Studios, and published overtime rates will be applicable to hires that run over the booked time.

Payment and Additional Charges

1. Unless otherwise agreed in writing all transactions will be settled in agreement with Create Studios payment terms set out in our terms and conditions before the commencement of the hire period. Authorised account holders must settle accounts within 14 days of the date of invoice. Prices may be varied without notice to the Customer.
2. Any due amount unpaid shall be liable to interest at 8% above the Bank of England base rate.
3. The hire charge commences when the Studio and/or Equipment is made available to the Customer whichever is the earlier and terminates when the Studio and/or Equipment is surrendered or returned to Create Studios or the agreed hire period ends whichever is later, Create Studios will charge for additional hire hours at the published hourly rates. Create Studios reserves the right to make an additional hourly labour charge to cover any costs incurred by Create Studios as the result of failure to comply with these Terms & Conditions.
4. Any additional Equipment, services, staff or modifications to the Confirmation of Booking will be billed to and paid for by the Customer.
5. At the end of the hire period the Customer may be charged at the discretion of Create Studios an additional rental where the Studio or any item of Equipment is delivered to or returned to Create Studios in a bad or damaged condition so as to preclude use or hire of the said Studio or Equipment.
6. Where Create Studios is required to place a security deposit with any third party for the hire of any item of equipment such deposit shall be paid to Create Studios by the Customer when the booking is made.
7. Create Studios shall have a general lien on any film, media or other equipment digital or otherwise or property in the possession of Create Studios or in the Studio premises for the payment of any monies due to Create Studios from the Customer.

Exclusions of Liability

Create Studios shall not be liable to the Customer for any loss damage expense liability or for any consequential loss (including loss of profit) whatsoever or howsoever arising out of or in connection with any of the following:

1. any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
2. any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by Create Studios.
3. any death or injury occasioned to any Customer or servant or agent of any Customer occasioned by the use of the Studio or any Equipment unless such death or injury is directly attributable to the negligence of Create Studios or the servants or agents of Create Studios.
4. for any fines and/or legal costs incurred by Create Studios or the Customer for any activity connected with the hire of the Studio or Equipment.
5. any failure on the part of Create Studios to comply with its obligations to the Customer due to any circumstances beyond the control of Create Studios.

Indemnity

The Customer shall at all times keep Create Studios indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against Create Studios or the servants or agents of Create Studios by any third party in respect of any alleged injury loss damage or expense arising out of or in connection with the use of the Studio or Equipment or services supplied by Create Studios even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of Create Studios its directors servants or agents save in respect of any death or personal injury caused by the negligence of Create Studios as aforesaid.

Termination

Create Studios may summarily terminate any hire contract with the Customer upon the happening of any of the following events:

1. if the Customer shall fail to pay any of the monies due to Create Studios or dishonour any cheque paid to it; or
2. if the Customer enters into liquidation (other than for the purposes of amalgamation or reconstruction) or shall have a Receiver of its assets appointed or being an individual shall be declared bankrupt or having a Receiving order made against them;
3. if the Customer shall be in breach of any of the terms of these Conditions and any such termination shall be without prejudice to any rights accrued to Create Studios against the Customer prior to the date of termination.

Applicable Law

These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island.

Variation

These Terms and Conditions shall not be varied except by agreement in writing.

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Training, Courses & Workshops Terms & Conditions

Definitions

In these conditions the following expressions have the following meanings:

“Create Studios” Garage Studios Brighton Limited trading as Create.

“the Customer” any person or firm or company dealing with Create Studios or any servant or employee of such a person firm or company.

Bookings & Payment

Bookings can be made by telephoning the Studio on 01273 601965 and this will reserve a place on your chosen course. We will send you an invoice and this must be paid in full, within 14 days, to confirm your place. If the course date is within that period then the course fee must be paid in full no later than 2 working days prior to the start of the course. Create Studios reserves the right to re-allocate the course place to another delegate if fees are not paid on time. Failure to receive the course fees in adherence with these terms means that Create Studios reserves the right to request payment on the day of the course if the course place has not been reallocated by this time.

Late Payment

In the event of late payment, Create Studios reserves the right to charge interest on all outstanding amounts from the last date that payment was due to the date that payment is made. Interest will be charged at 8% above the Bank of England base rate.

Prices

The prices quoted are correct at the date of publication and for 30 days thereafter. Create Studios reserves the right to adjust these prices in order to meet their true cost outside this period.

Transferring courses

If a delegate wishes to transfer a booking to a later course there will be an administrative charge of 25% of the course fee if it is within 15 working days of the original courses date. If that transfer is then cancelled and/or the delegate fails to attend, the full course fee remains payable.

Cancelling courses

All cancellations to bookings must be made 15 working days prior to the start of a course. If a booking is cancelled within the 15 days or if the delegate fails to attend the course, the full course fee must be paid immediately.

Changing delegate details

There will be no charge if a substitute person wishes to replace the original delegate. Please inform Create Studios of any change to the original booking.

Cancellation of courses by Create Studios and changes to course content

Create Studios courses are constantly updated and improved and Create Studios reserves the right to alter any of the courses’ content without prior notice. Create Studios reserves the right to cancel a course at any time without liability. In these circumstances, delegates will be offered an alternative date, a credit note or a full refund at Create Studios discretion.

Course notes and training

The notes and training for Create Studios courses cannot be relied upon for legal interpretation. Create Studios cannot accept responsibility for delegates’ actions, or those of other people reading the course notes or interpreting the training in litigation, or responsibility for any loss incurred as a result of relying on the training or the training notes. If in doubt, consult a lawyer.

Imagery

All imagery taken by any delegates on any Create Studios training course or workshops, can only be used for promotion of Create Studios as well as illustrative and reference use only by delegates. No monetary gain can be made from the images taken on any Create Studios training courses or workshops by any delegate.

Discounts and special offers

Any discounts offered on Create Studios courses are exclusive. They cannot be combined. Except for company wide or pre-agreed discounts, the higher discount will always be applied. In the case of special offers these must be requested at time of booking, and will not automatically be applied.

Exclusions of Liability

Create Studios shall not be liable to the Customer for any loss damage expense liability or for any consequential loss (including loss of profit) whatsoever or howsoever arising out of or in connection with any of the following:

1. any damage to or loss of property by the Customer or the Customers servants or agents or any third party.
2. any death or injury occasioned to any Customer or servant or agent of any Customer occasioned by the use of the Studio or any Equipment unless such death or injury is directly attributable to the negligence of Create Studios or the servants or agents of Create Studios.
3. any failure on the part of Create Studios to comply with its obligations to the Customer due to any circumstances beyond the control of Create Studios.
4. any injuries or damages you sustain or, or that anyone affiliated with or connected with you in any way may sustain, in connection with or resulting directly or indirectly from your attendance on any course, workshop or training session, save where such injuries or damages arise as a result of our negligence.

Applicable Law

This agreement shall be governed by the laws of England, Wales, Scotland and Northern Island.

Variation

These Terms and Conditions shall not be varied except by agreement in writing.

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Photography Terms & Conditions

These Terms & Conditions relate solely to Photographic services provided by Create Studios. They should be read in conjunction with our Studio & Equipment hire Terms & Conditions which cover issues relating to the use of our studio space, equipment and additional services.

Definitions

In these conditions the following expressions have the following meanings:

“Create Studios” Garage Studios Brighton Limited trading as Create.

“the Client” any person or firm or company dealing with Create Studios or any servant or employee of such a person firm or company.

For the purpose of this agreement ‘Client’, ‘Customer’ `Agency’ and ‘Advertiser’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where Create Studios client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to Create Studios client, ‘Photographs’ means all photographic material furnished by Create Studios, whether transparencies, negatives, prints, digital image files or any other type of physical or electronic material.

Copyright

The entire copyright in the Photographs is retained by Create Studios at all times throughout the world.

Ownership Of Materials

Title to all Photographs remains the property of Create Studios. When the Licence to Use the material has expired the Photographs must be returned to the Create Studios in good condition within 30 days.

Use

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without Create Studios express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed.

Note : An agreement must be reached with the Create Studios before the Photographs may be used for other purposes.

Exclusivity

The Agency and Advertiser may be authorised to publish the Photographs to the exclusion of all other persons including Create Studios. However, Create Studios retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting our work. After the exclusivity period indicated in the Licence to Use Create Studios shall be entitled to use the Photographs for any purposes.

Client Confidentiality

Create Studios will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable Create Studios to carry out our obligations in relation to the commission.

Indemnity

1. While Create Studios takes all reasonable care in the performance of this agreement generally, we shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
2. The Client agrees to indemnify Create Studios in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Create Studios.
3. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Create Studios gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Create Studios against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

Payment

1. Payment terms are strictly 14 days from date of invoice by crossed cheque made payable to ” Create Studios ” or by automated credit transfer (BACS). BACS details will be supplied with our invoice.
2. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
3. In the event of late payment, Create Studios reserves the right to charge interest on all outstanding amounts from the last date that payment was due to the date that payment is made. Interest will be charged at 8% above the Bank of England base rate.
4. If payment is not made in accordance with (a) above then Create Studios may rescind this Agreement and recover damages. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 14 days from the issue date.
5. A fee of £10.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
6. Create Studios reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
7. On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Create Studios may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.

Expenses

Where extra expenses or time are incurred by Create Studios as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Create Studios normal rate to Create Studios in addition to the expenses shown as having been agreed or estimated. Overtime rates will be billed as indicated on your estimate for work that extends past the half day or day rates. Day and Half Day rates are indicated on our Studio Rates page and these also apply to Location shoots. Travel expenses may be added to your estimate, a further fee may be incurred for travel time out of the standard 8 hour Day rate or 4 Hour half day rate.

Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

Cancellation & Postponement

A booking is considered firm as from the date of confirmation and accordingly the Create Studios will, at our discretion, charge a fee for cancellation or postponement.

Right To A Credit

If a 'Right to a Credit has been agreed Create Studios name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By agreeing a 'Right to a Credit' Create Studios also asserts our statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

Supply To Third Parties

The licence only applies to the advertiser and product as stated in the estimate or as agreed in discussions.

Electronic Storage

Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Create Studios. Manipulation of the image or use of only a portion of the image may only take place with the permission of Create Studios.

Applicable Law

This agreement shall be governed by the laws of England Scotland, Northern Island & Wales.

Variation

These Terms and Conditions shall not be varied except by agreement in writing.

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