Terms

1 Foxhole Studios Pty Ltd (ACN 602 228 722) of (registered office) 67 King William Street, Bayswater, Western Australia (“Foxhole Studios”)

The membership term is shown in the product checkout and begins from the first membership payment. If the Member(D) wishes to cancel their membership before the term is complete, the Member(D) will be required to pay an early termination fee, which is the weekly membership fee multiplied by the number of weeks remaining in the agreement. 

3 Foxhole Studios reserves the right to require Applicant(D) to produce current photographic identification (current MDL(D) or passport) for copying and retention by Foxhole Studios for verification of details and identification of Applicant(D).

4 If the person wishing to utilise the Member(D) benefits: (a) is not 18 years old; or (b) is 18 years or over but is a student or not in full time employment – then in either case Foxhole Studies may require the person’s parent or guardian (as the case may be) to make the application in which case the parent or guardian may nominate a person of not less than 16 years of age (who must also provide current photographic ID if so required by Foxhole Studios) to exercise the Member’s(D) rights provided that if the Nominated Person(D) is a Minor(D) the parent or guardian must accompany them to each Session(D) and where a parent or guardian does so he or she will not be counted as one of the 4 persons referred to in Term 8(c) of these Terms and the Nominated Person(D) may be accompanied by another 4 persons.

5 If self employed provide business contact details.

Terms 

1. Where and to the extent necessary or desirable to give effect to these terms the Notes above and the defined terms in the Dictionary form part of these Terms.

2. Foxhole Studios1 is not required to process an Application for Membership or issue a Key(D) until: (a) the Membership Payment has been processed; (b) the Applicant(D) has signed a hard copy of these Terms and Conditions; and (c) the Applicant(D) has produced (for copying by Foxhole Studios) current photographic ID (current MDL(D) or passport) which Foxhole Studios may retain on its files.

3. The Applicant(D) acknowledges that: (a) the use of the Studio(D) does not form part of any training programme or educational or other qualification for the Equipment(D) or studio recording and no training or technical assistance by Foxhole Studios is included in the Membership Benefits; (b) the Studio(D) is not intended to be used for commercial purposes, and doing so is at Member’s own risk; (c) no back-up or copies of the Member’s(D) sessions is made or provided by Foxhole Studios; (d) Session(D) time includes Bump In/Bump Out(D); (e) membership does not entitle the Member(D) to use any area other than the enclosed undercover Studio(D) for Sessions(D) work and areas outside the enclosed Studio(D) area must not be used other than for Bump in/Bump Out(D); (f) Foxhole Studios does not provide trolleys or other lifting or carrying equipment and it is the responsibility of the Member(D) to convey the Member’s(D) equipment safely to and from the Studio(D) during Bump In/Bump Out(D); (g) it is the responsibility of the Member(D) to inspect the Studio(D) to satisfy the Member(D) that the Equipment(D) is compatible with any equipment of the Member(D) and the Member(D) must not use any incompatible equipment with the Equipment(D); (h) if the Member(D) over-runs a Session(D) Foxhole Studios may charge the Member(D) an additional fee plus an amount that may be needed to be reimbursed to another member for running into that member’s Session(D) time; (i) unforeseen problems can occur for Foxhole Studios that may result in unexpected Session Downtime(D) and in that case the liability of Foxhole Studios to the Member(D) will be limited to providing replacement Studio(D) time to make up for any lost Session(D) time and the Member(D) will not be entitled to any damages or compensation for any direct or indirect loss or inconvenience arising out of or in connection with the Session Downtime(D); (j) it is the responsibility of the Member(D) to ensure the safe Bump In/Bump Out(D) of the Member’s(D) equipment, the security of the equipment during a Session(D) and to take all the Member’s(D) property at the end of the Session(D) and Foxhole Studios will not be liable to the Member(D) for any loss or damage to any of the Member’s(D) property that is left behind at the end of a Session(D) and Foxhole Studios may charge the Member(D) a daily fee for storage, at its then current rate, if any such Member(D) equipment is left behind, but without Foxhole Studios becoming liable for loss or damage to the equipment; and (k) the Member(D) is personally responsible for the conduct and actions of all visitors the Member(D) brings to the Studio(D) and will be liable to Foxhole Studios for any loss or damage caused by any such visitor.

4. Foxhole Studios reserves the right to require the Member(D) to undergo induction and familiarisation in the use of the Studio(D) and Equipment(D) before the Applicant(D) first uses the Studio(D) and Equipment(D), and from time to time as it considers necessary , which, may be conducted during a Session(D), to satisfy itself that the Applicant(D) is able to safely, properly use the Equipment((D) before the Studio(D) and Equipment(D) are used.

5. The Applicant(D) acknowledges and agrees to the use by Foxhole Studios of CCTV and other security and surveillance of the Studio(D) at all times and all Security Recordings(D) will be the absolute property of Foxhole Studios and the Member(D) will not be entitled to a copy of or access to any such material.

RECORDING STUDIO MEMBERS Membership entitles the Member(D) to: (a) 8 hours Usage(D) of the Studio(D) a week for Recording(D) which can be utilised in one 8 hour Session(D) or two 4 hour Sessions(D) in that week; (b) one access Key(D) for access to the Premises; (c) permission to bring up to 5 other people (18 years or older) to the Session(D) provided the Member(D) is present at all times during each session; and (d) parking for the Member’s(D) vehicle in the parking area adjacent to the Studio(D).

ii) JAM STUDIO MEMBERS Membership entitles the Member(D) to: (a) 4 hours Usage(D) of the Studio(D) a week for Recording(D; (b) one access Key(D) for access to the Premises; (c) permission to bring up to 5 other people (18 years or older) to the Session(D) provided the Member(D) is present at all times during each session; and (d) parking for the Member’s(D) vehicle in the parking area adjacent to the Studio(D).

10. The following conduct by the Member(D) or any visitor brought onto the Premises by the Member(D) will constitute a fundamental breach of this Agreement for which the Member’s(D) membership may be forthwith revoked and access to the Studio(D) may be terminated: (a) any wilful damage to the Studio(D) (including the car park) or any Equipment(D) at the Studio(D); (b) bringing to the Studio(D) or using at the Studio(D) any alcohol or illegal drug, weapon, dangerous thing, or any animal or person under the age of 18 years; (c) exceeding the Noise Limit(D) for the Studio(D); or (d) disturbing any other person at the Studio(D) or any person at adjacent premises.

11. The Member(D) acknowledges that: (a) bookings are on a first in time basis and are final and Foxhole Studios is under no obligation to reschedule or attempt to reschedule any booking; (b) smoking of any tobacco or other products at the Studio(D) is prohibited; (c) food and beverages can be consumed only in the areas designated by signage by Foxhole Studios for that purpose and the Member(D) must remove all rubbish, food stuffs and drinks from the Studio(D) and leave it in a clean condition at the end of each Session; (d) all session times include Bump In/Bump Out(D); (e) if the Member(D) requires a replacement Key(D) for a lost or damaged Key(D) there will be an upfront charge of $25.00; and (f) Foxhole Studios will not be liable to the Member(D) for any loss or damage sustained by the Member(D) for any equipment or property of the Member(D) including data and it is the responsibility of the Member(D) to back-up any data.

12. Foxhole Studios will not be liable to the Member(D) for any loss or damage for any lost income or other Loss(D) arising out of or in connection with the use of or the malfunction of any part of the Studio(D) or Equipment(D).

13. The Member(D) warrants to Foxhole Studios that Member(D) is competent to handle and use the Equipment(D) which the Member(D) acknowledges operates on AC voltage and is inherently or potentially dangerous.

14. The Member(D) will not be entitled to an extension of the membership for non-use of the Studio(D) for any reason (including illness) or for finishing a Session(D) earlier, other than as stated in these Terms.

15. Foxhole Studios may revoke the Member’s(D) membership, for no reason, on 24 hours notice by email sent to the Member’s(D) email address and the Membership will then be terminated and the Member(D) will be entitled to a pro rata refund for any unused period of the Membership to be paid within 7 days.

16. In the event that the Member(D) wishes to use the Premises in a given week but no slot is available for that week the Member(D) will be entitled to a pro rata refund provided the Member(D) made a booking as required by these Terms.

17. A Member(D) may not assign their Membership without the express prior consent of Foxhole Studios and it’s consent may be subject to an additional fee to cover reasonable administrative costs and will be subject to the Assignee entering into an acceptable agreement with Foxhole Studios on these terms, or similar terms, and may be subject to the assigning member indemnifying Foxhole Studios for any Loss(D) arising from the use of the Studio(D) by the Assignee.

18. The Member(D) is not entitled to lend the use of the Member’s(D) session time to any third party other than a Nominated Person(D) as provided in these Terms.

19. By signing these Terms, the Member(D): (a) hereby indemnifies Foxhole Studios to the full extent permitted by law for any loss or damage (direct or indirect and including Loss(D)) suffered by Foxhole Studios arising out of or in connection with the use of the Member(D) or any person permitted into the Studio(D) by the Member(D) to Foxhole Studios; (b) the Member(D) will within 7 days of demand by Foxhole Studios pay the amount of such Loss(D) or damage; (c) the Member(D) hereby charges all the Member’s(D) real property, now or hereafter registered in the name of the Member(D) whether as sole registered proprietor or as a joint registered proprietor, with payment of any amounts that may be claimed by Foxhole Studios and consents to Foxhole Studios lodging a subject to interest or absolute caveat over any such real property until its claim is resolved; and (d) the Member(D) will pay the legal costs of Foxhole Studios for pursuing any such claim on a full solicitor and client basis notwithstanding that the amount of the claim may constitute a minor claim for which costs are not otherwise claimable or payable before the relevant Court in which the claim would be made.

Dictionary 

“Applicant” means the person whose details appear in the Application as the Applicant/Member, and includes a Nominated Person.

“Bump In/Bump Out” means “bump-in” referring to unloading and in-loading of the Member’s equipment. “Bump-out” refers to unpacking and set-up. The terms also include dismantling and removing Member’s equipment to the vehicles.

“Equipment” refers to all equipment provided by Foxhole Studios at the Studio.

“Key” means the key, swipe card or other device provided by Foxhole Studios for Studio access.

“Loss” means any claim in contract, tort, at common law, in equity and under statute (including without limitation, loss of use, loss of production, loss of opportunity, loss of profits, loss of revenue, loss of goodwill, loss of business reputation and damaged credit rating, or any similar loss) whether or not within the reasonable contemplation of the parties at the time this Agreement was entered into.

“MDL” means current motor driver’s licence with photograph.

“Member” includes Applicant and a Nominated Person.

“Minor” means a person who has not attained the age of 18 years.

“Nominated Person” means the Nominated Person referred to in the Application.

“Noise Limit” means 115 decibels

“Security Recordings” refers to all security and surveillance recordings made by Foxhole Studios.

“Session Downtime” means any period during which, for any reason, Foxhole Studios cannot conveniently, or chooses not to, have the Studio open for Members.

“Studio” includes the premises housing the Equipment, where the Member is to conduct a Session. Studio also includes the car-park but the Member is not entitled to conduct any part of the Session outside the designated, undercover Studio area.

“Usage” means any use of the Studio or Equipment by the Member, the Nominated Person or any of the persons they bring to or allow into the Studio.

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Phone: 0400 733 474 Email: admin@foxholestudios.com.au © Copyright 2014 Foxhole Studios