Terms & conditions
The subject matter of the rental agreement is the transfer of the rooms specified therein with the agreed equipment. The rental becomes legally effective with the signing of the rental agreement (order confirmation); no claim to the conclusion of a rental agreement can be derived from an offer by the Lessor or an appointment option.
The Lessor shall not be liable for ensuring that the Renter’s intended use is feasible for factual or legal reasons. Subletting or other transfer to third parties is not permitted without the express written consent of the lessor. The premises including inventory and equipment including accessories shall remain the unrestricted property of the Lessor. The lessor retains the domiciliary rights in all leased premises and is entitled to enter them himself or have them entered by authorized persons at any time. The Renter shall comply with the existing house rules as well as all official orders and regulations and shall ensure that all persons involved in the production comply with them. Noise caused by the Renter due to any sources of noise (lightning, music, assembly/dismantling, installation, etc.) is to be kept at a moderate level. The premises do not have any soundproofing and may not be used as a recording studio. Playing live music, especially with loud instruments such as drums and electric guitar is prohibited. The Renter is obliged to treat the lessor’s property with care. The premises and equipment shall be deemed to have been taken over in perfect condition unless any defects are expressly notified upon takeover. The Renter shall immediately notify the Lessor of any damage, defects, or losses occurring during the rental period.
Filming or recording in the courtyard of Gneisenaustraße 67, only with the prior permission of the owner.
The cyclorama is furnished in white (or special requested color) and must be returned to the original condition in which it was presented to the Renter at the beginning of the rental term unless the Studio provides a written statement describing a pre-existing condition that would excuse the Renter of any applicable charges. The cyc walls and base cove must be kept clean and in good condition in any stage rental. Painting any portion of the cyc walls or floors by the Renter is prohibited. Drilling into any part of cyclorama is absolutely prohibited. Renter shall provide proper instruction to anyone entering the stage to take every precaution to protect the cyc wall, cyc coves, and cyc floors from damages and wear by not walking on any part of the corner and base coves without shoe protections and by protecting sets, materials, lift equipment, and all lighting and grip equipment in contact with the cyc walls and corner and base coves. The use of adhesive tapes such as duct tape and gaﬀers tape on cyclorama is prohibited. Only low tack tape such as 3M blue painter’s tape or similar tape approved by the studio may be temporarily adhered to cyclorama floor and wall(s). Repair, refinishing, and or painting charges may be imposed if at the end of the rental term, the cyc walls, cyc coves, and or cyc floors are soiled or if damage, as determined by Studio management, has occurred. The new white coating of cyc walls, cyc floor, and corners cost 4€/ sqm and the exact amount of square meters will be determined by the Studio team after the shooting. All further repair costs will be charged according to the expenditure of personnel, time, and materials.
The Renter is prohibited from producing insulting, defamatory, anti-constitutional, racist, sexist, homophobic, violence-glorifying or pornographic content in the rooms provided to him.
The rent stated in the price list is a daily rent and includes a maximum rental period from 9am to 7pm.
The agreed rental period must be adhered to. If the renter is late in vacating the premises, he/she will be charged one overtime per hour overdue in addition to the basic rent. The premises shall be left completely vacated and in their original condition at the end of the rental period. Exceptions require the written permission of the Lessor.
Each hour or part thereof shall be counted as a full hour.
Overtime hours are limited to 10pm Monday through Friday and 9pm on weekends.
The studio is open from 9am on weekends.
For a special opening on the weekend, a 20% surcharge will be added to the rental rate.
On holidays, an additional charge of 50%.
30% on the studio rental and staff night surcharge between 9pm and 6am.
All earlier arrivals or later departures and deliveries – pick-ups must be discussed in advance with the studio team.
DELIVERY / PARKING OF VEHICLES
Access to the courtyard is permitted.
For loading and unloading, vehicles can stop in front of the freight elevators and Neon Island Studio Transport trolleys can be used. There are two private parking spaces in the courtyard available to the tenant. Usage must be discussed with the studio team in advance. This also applies to the use of the two freight elevators. There are also additional parking options on Gneisenaustraße 57 – 69.
Special permits can be applied for in advance at the Road Traffic Authority or at the BBFC.
TERMS OF PAYMENT
The agreed rent is payable immediately and without deductions after invoicing by the lessor.
For existing business customers based in Germany, 50% of the rental fee must be paid by invoice before the booking date.
For new customers based in Germany and customers based abroad, 100% deposit is also required plus a copy of ID or business registration.
The rental price includes all additional costs in the sense of the operating costs ordinance (energy, heating, water). Failure to meet payment deadlines entitles the landlord to terminate the lease immediately.
Payment deadline of the final invoice within 15 days after the invoice date.
In the event of delayed payment (default), interest on arrears shall accrue from 15 days after the invoice date (§ 286 para. 2 sentence 2 BGB) without any further reminder, at a rate of since 01.01.2020 – 8.12 % for each additional day until full performance of the service (§ 288 para. 2 BGB).
For the organization and storage of equipment and supplies, a service fee will be charged depending on the effort. The lessor is entitled to charge the rent or parts thereof also in advance after separate agreement.
Offsetting against previous or future claims is excluded, unless these are undisputed or have been legally established. The contractually agreed rental price shall be paid in full irrespective of whether the premises or the equipment were actually used by the Lessee to the extent agreed.
Extra equipment, catering, cold drinks and production services, such as set construction, painting or assistance are not included in the studio rent and will be charged separately. The studio reserves the right to charge a 20% handling surcharge for services provided by third parties.
The use of continuous lighting (Tungstene and HMI) will be charged additionally with 1€ per kw/hour. Insofar as the lessor concludes contracts with third parties on behalf of the lessee, such as for equipment, catering or the like, these costs are in any case to be paid by the lessee in cash or non-cash in advance to the lessor at the end of the rental period.
Since the rental of the photo studio is building-related, the service is taxed in Germany.
Therefore, all services are provided with 19% VAT.
Written booking confirmation by e-mail, which is issued by the studio based on a booking request, is binding for both contracting parties. The contract is also concluded if the parties have not negotiated the studio price at the time of the booking request. In this case, the Renter expresses that he/she is willing to pay the Studio’s standard rental price.
During the Corona Pandemic, the cancellation policy will remain the same, even if the shoot is postponed due to a Corona event.
The renter is responsible for finding a replacement for the person on their team who is unable to work on the production day. If the government and Chamber of Commerce take restrictive measures and no longer allow photo shoots or shoots, there will be no cancellation fee.
Cancellation of studio rental by the renter is possible at any time with payment of a one-time flat fee. In the event of cancellation, the renter agrees to pay a lump sum as follows:
Up to 11 working days before the start of the rental period: 25% of the agreed rental price.
10 working days to 6 working days before the start of the rental period: 50% of the agreed rental price
5 working days to 3 working days before the start of the rental period: 70% of the agreed rental price
less than 3 working days before the start of the rental period or non-use: 100 % of the agreed rental price
For purposes of self-advertising to the extent customary in the industry (e.g. Internet, brochures, showreel), the Renter shall permit the Lessor to take and use photographs of the set up by the Renter. However, no persons belonging to the Renter’s production shall be photographed in these photos unless this is expressly approved by the Renter. Within the scope of self-promotion, the Renter shall permit Lessor to name the production, the persons involved, and the production date (if applicable, only after the production has been completed). Prior to publication, the Lessor shall submit to the Renter the photos or texts intended for publication, whereby electronic transmission shall be sufficient in this respect. The Renter may only object to the publication for good cause. The objection period shall be one week from receipt by the Lessee of the photos intended for publication.
COLLATERAL AGREEMENTS / JURISDICTION / SEVERABILITY CLAUSE
Amendments and supplements to the rental agreement and the general rental conditions must be made in writing. This also applies to the amendment of this written form clause. Verbal side agreements are not made and have no validity. German law shall apply. The place of jurisdiction is, as far as legally permissible, Berlin. Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining parts of the contract. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the legal and economic purpose of the invalid provision. This shall apply accordingly to loopholes.