These general terms and conditions of sale ("GTC") apply automatically to all
commercial relations between the company "STUDIOS 44," registered in the Clermont-Ferrand Trade
and Companies Register under number 933 593 402 (the "Company" or the "Studio"), and any person
or company (the "Client") (hereinafter collectively referred to as the "Parties").
Their purpose is to define the conditions under which the Company provides technical,
audiovisual, or event services to its Clients (the "Service(s)") on its premises (the
"Premises").
The Client declares that they have read the GTC prior to placing any order. It is
understood that the Client's acceptance of a quote prepared by the Company (the "Quote"), the
payment of a deposit, or the commencement of a Service implies acceptance of the General Terms
and Conditions. The Company reserves the right to modify the General Terms and Conditions at any
time; they will automatically apply to all orders placed after the modification. These General
Terms and Conditions are supplemented by the Quote(s). Only the special conditions that may
appear in the Quote(s), insofar as they prevail over the General Terms and Conditions in the
event of inconsistency or conflict, may override the provisions of the General Terms and
Conditions.
The terms below beginning with a capital letter shall have the following meanings:
General Terms and Conditions: refers to these general terms and conditions of sale
governing the relationship between the Parties.
Customer: refers to the company placing an Order.
Order: refers to the Reservation, or the Option for subsequent confirmation of the
Reservation, made by the Client. Quote: refers to the cost proposal prepared by the Studio at
the Client's request.
Premises: refers to the premises rented by the Studio to the Client.
Option: refers to the date(s) chosen by the Client for the purpose of subsequent
confirmation of the Reservation, if applicable.
Parties: refers to the Company and the Client.
Services: refers to the services offered by the Studio.
Reservation: refers to the firm reservation of the Studio made by the Client.
Studio/Company: refers to the company STUDIOS 44, as referred to at the beginning of these
Terms and Conditions.
Any order by the customer gives rise to the establishment of a quote.
Before confirmation of any quote, the customer is required to verify the accuracy and
Immediately report any error.
After validation of the quote, no modification or cancellation will be possible,
unless agreed
Prior written in the studio.
All quotes have a validity period of 15 days.
Acceptance of the quote leads to full acceptance of the customer in these General conditions of
sale, without exception or reserve.
Any order relating to services is only final after return duly signed, dated and marked
"good for agreement" as well as by the payment of a deposit of 40% of the amount quote (unless
otherwise stated) deduces from the final invoice.
any order canceled less than 7 calendar days before the start of the services will be
Billed entirely.
The initial quote may, prior to the performance of the services, be subject to
changes to the customer's request, which may give rise to a modification of the price
and procedures for performing services.
These modifications must be notified by the Customer to the Company at least 48
hours
Before the date provided for the performance of the services and will be the subject of
an additional quote
accepted by the customer.
The studios are rented for a period of 10 a.m., 8 a.m. and 8 p.m.
Beyond the agreed hours, the studio will charge additional costs until
definitive departure from the customer and his team, the rental ending at the start
of the last
person of the team.
Any hour started by more than 15 minutes will be due entirely.
In the event that the customer wants to start before 7 a.m. or finish after
10 p.m., the
Studio reserves the right to charge taxi fees for the tray assistant.
In any event, the premises will have to be released by the customer no later
than 03 hours from the
Morning.
The customer has the possibility of canceling the reservation without cost up to 7
calendar days before
the start of the service. If a deposit has been paid, it will be reimbursed.
any order canceled less than 7 calendar days before the start of the services
will be
Billed entirely.
In the event of cancellation, the studio reserves the right to charge the
rental of the equipment
already rented to its service providers, the transport costs that have been
generated or the
purchases of consumables already made.
The studio reserves the right to cancel the service in the event of force
majeure (see article
15.), or in the absence of payment of the deposit by the customer. This cancellation
will not be able to
engage its responsibility or give rise to the payment of damage and interests in any
capacity that
It is.
The customer undertakes to use the rented property in accordance with their destination, and French legislation. The customer undertakes, on the one hand, to respect (and to ensure that his representative, its agents and any third party involved in the provision of the Services (s) respect) the premises, equipment, equipment and accessories made available to it and, others part, to behave in a diligent and reasonable manner. The customer, its representatives or agents, are responsible for any deterioration.
The premises are taken as it is and will have to be returned in the same state.
The Customer declares by the present knowing and doing his personal
business of any
Put into compliance and security, especially for the purposes of its shots.
The equipment is checked before any provision in the studio.
The Customer declares to recognize having personally had the opportunity
to verify the
Hard equipment, to find it in accordance with its needs and in good working
order.
In the event of an error, the customer undertakes to warn the studio as
soon as possible, to
Know within a maximum of 2 hours after renting.
in the event of a problem or technical failure of the equipment during
the service, the
Studio undertakes to do everything possible to repair it or replace it with a
equivalent equipment. Therefore, the customer or representatives must warn the
Studio as soon as possible to give him the chance to replace the equipment in
time.
No complaints at the end of the service will be taken into account.
In the absence of a designated person, everyone present in the studio
will be
considered to be mandated by the customer to incur fees on his behalf
The studio authorizes the customer to make the necessary arrangements for his
shots, but
Any irremovable development is excluded. It is strictly forbidden to stick,
nail, paint
On the soils and walls of the studios.
shots or filming in the studios corridor is subject to authorization
written prerequisite for studios.
The Customer undertakes to use the equipment in accordance with his
destination and not to carry out
No modification or repair on the equipment rented without prior agreement of the
studio.
The use of rented equipment is limited in the premises of the studio.
They don't
should in no case be used outside the studio without the prior authorization of
the
Studio.
the equipment which was commissioned by the studio on behalf of the
customer remains under the
customer responsibility.
The customer undertakes to restore the premises and the equipment entrusted to
him in the state in
Which he received them, this state being presumed in accordance with the use for
which it is intended.
The Customer is solely responsible for degradation, or even destruction
(total or
partial) of the premises and the equipment made available to it.
Any technical problem or degradation of premises must be reported
immediately to
Studio manager.
In the event of degradation of the premises rented by the Customer, the
costs of restoring him
will be fully billed.
In case of breakage or loss, damaged or missing equipment will be
invoiced to the customer.
The amount billed will correspond either to the purchase price, or to the
repair price.
The price of services is indicated in euros and HT. The studio only accepts
les règlements
in Euro and by bank transfer. VAT is billed on all
EU zone services.
The studio occupation time is billable:
- per day: 10 hours of rental between 8 a.m. to 8 p.m.
- In additional hours: between 6 a.m. and 8 a.m. or 8 p.m. and 10 p.m.
- In night rate: between 10 p.m. and 6 a.m.
- For weekends and holidays: applied increase in the price
week.
The use of company premises is invoiced by the day for a
Duration of 10
hours. Beyond 10 hours, the occupation time (including the time of
customer presence
in the premises, the storage of the equipment used and/or, if necessary, the
restoration of
Premises) will be invoiced in overtime. The premises must, in any event
From the cause, to be
released by the customer at 3 a.m., without the prior authorization of the
Company.
The studio draws customer attention to the fact that the confirmed quote
does not correspond
to the invoice, and that the amount is likely to vary depending on
Orders placed
after the quote, the time actually spent in the premises, etc.
Unless otherwise agreed, the services are billed on the basis of the prices mentioned in The initial estimate completed, if necessary, by the additional quotes.
Unless otherwise mentioned on the quote, the customer pays a company a
deposit
corresponding to 40% of the total price of the ordered service ordered
during
signing
quote. The balance, corresponding to the remaining 60%, must be paid by the
Customer 30 days
After receiving the invoice.
reserves the right to include a provision in its quotes
corresponding to
costs
additional generated by services (such as, as an example,
electricity,
White paint on the rented tray) of up to 10% of the overall estimate.
In the event that
advanced advances would be greater than the amount of the summary, the
company
committed to
Refund the difference within 30 calendar days.
Only the effective collection of an invoice constitutes a payment.
THE
payments cannot
be
suspended or be subject to any compensation without the written agreement
and
Prerequisite for Company. The company may, if necessary, pronounce the
immediate exigibility of
all sum
for which she had granted a payment term to the customer, and this
right, without
Power formal notice or prior notification.
no dispute, whatever it is, relating to invoicing
made on the basis
of
Quote will not be accepted by the company. Payment of invoices cannot be
delayed for
any reason whatsoever.
Any amount unpaid at maturity will give rise, automatically, without implementing residence or prior notification, with delay in addition to a lump sum compensation for fees of Cover of 40 €. Interest will be calculated since the due date Until the day of complete payment, and will be equal to 3 times the legal interest rate in force This date. In the case where the costs incurred for recovery are greater than € 40, the Company is reserves the right to claim the customer an additional compensation on justification.
The Services shall be performed within the timeframes agreed with the Client. The
Client undertakes to provide the Company with the assistance and resources necessary to perform
the Services (in particular, by providing it with any useful information and/or documentation).
The Client also undertakes to provide the Company, prior to each Service, with a call sheet
specifying the names and positions of the persons present on the rented premises. These persons
shall be deemed authorized by the Client to incur any expenses with the Company, without the
Client being able to dispute these expenses. However, the Client may previously designate to the
Company a single person responsible for incurring expenses on its behalf. In the absence of a
call sheet or a designated person, all persons present on the rented space will be considered to
be authorized by the Client.
Subject to informing the Company at least 72 hours before the start of the Services, the
number of persons present on the rented space may not vary by more than 10%. In any event, the
Company must respect the capacity prescribed by the Studio for safety reasons.
The Company is not responsible for delays in the performance and/or suspension of the Services
attributable (i) to the Client due to a failure to fulfill its obligations to provide
assistance, information, or prior verification, and/or (ii) to a modification of the order
during the performance of the Services or less than 36 hours before the start of the Service,
and/or (iii) to late payment by the Client.
In accordance with the collective agreement applicable to the Company's employees, any
Service lasting more than 12 hours must be scheduled at least 24 hours in advance.
All deliveries to the Customer must be made no earlier than the day before the service, during
Studio opening hours.
The Client must inform the Studio in advance so that sufficient storage space, subject to
availability, can be reserved for them.
For security and storage management reasons, the Client is
requested to retrieve
any items, scenery, or equipment immediately after the shoot.
The Studio does not organize catering for the production teams.
It provides catering and a dining area. The Client is
responsible for organizing the teams' meals.
As the Studio Assistant is an integral part of the Client's team,
their meals will be at the Client's expense.
During the performance of the Services, the Parties may be required to transmit to each other files containing personal data within the meaning of the Data Protection Act No. 78-17 of January 6, 1978, as amended, and European Regulation 2016/679 of April 27, 2016 (the "GDPR"). The Parties shall take all necessary measures to preserve, under optimal conditions of security and confidentiality, the personal data they may collect and/or process in accordance with the order. Furthermore, the Parties shall only store and/or process this data for the strict execution of the order and shall ensure that this data remains completely intact and that it is not distorted, damaged, or accessible to third parties without express authorization. The Parties also undertake not to transfer this data outside the European Union without the prior written consent of the other Party, unless such transfers comply with the guarantees defined in Articles 44 et seq. of the GDPR. Furthermore, if one of the Parties becomes aware of a personal data breach within the meaning of Article 4 of the GDPR, each Party undertakes to notify the other Party of this incident within a maximum of 48 hours of becoming aware of the breach and to provide the said Party with the information enabling it to comply with its notification obligations to the CNIL, within the time limit set by Article 33 of the GDPR. Finally, the Parties have the right to access, rectify, erase, and transfer data concerning themselves or their employees, as well as the right to object to processing for legitimate reasons.
Certain parts of the Studio are under video surveillance for the safety of people and property.
Images are kept for one month and may be viewed, in the event of an incident, by
authorized Company personnel and law enforcement.
To exercise your Data Protection rights, including your right to access images concerning
you, or for any information about this system, you can contact our Studio Manager by writing to
annabelle@studios-44.com or at the following postal address: Studios 44, 44 rue Paul Vaillant
Couturier, 92240 Malakoff.
The Company undertakes to provide the Client with Premises, equipment, materials, or accessories
in good working order. The Client undertakes to return them in the same condition. Otherwise
(particularly in the event of intentional or accidental damage by the Client), the repair and
restoration costs will be invoiced in full to the Client. The Client undertakes to ensure that
the Premises, equipment, materials, or accessories are used only by authorized and competent
persons.
All equipment provided by the Company as part of the Services must be replaced, at the
Client's
sole expense (it being understood that the Client acknowledges being fully informed of the value
of the equipment they are renting and in their care), with equipment of equivalent
characteristics and performance to the damaged equipment in the event of willful damage, theft
without forced entry, unexplained disappearance, or misappropriation. Furthermore, in the event
of theft, the Client must, under their own responsibility, file a report as soon as possible to
the nearest police station and to their insurance company. A copy of this report must be sent to
the Company.
More generally, in the event that the Client directly manages certain aspects of the
Service and/or directly performs certain operations (for example, by using an external service
provider) and/or directly uses materials and/or certain equipment and accessories belonging to
it or the Company, in connection with the Service, the Company shall be fully discharged from
liability in connection with these operations.
The Client further undertakes to take all security
measures for any property and
persons it allows onto the Premises. The
Studio
may not be held liable for any direct or indirect damages suffered in the event
of the impossibility
of using the studio or equipment on the scheduled day of the shoot, due to
any reason beyond its control.
The Services are deemed to comply with the Quote(s). The Company guarantees the Client against any lack of conformity of the Services and any hidden defect resulting from a failure to perform said Services, excluding any negligence or fault on the part of the Client. The Company's liability may only be sought in the event of proven fault or negligence on the part of the Company. In this case, the Company will rectify, at its sole expense, in accordance with the terms and conditions agreed upon with the Client, any non-compliant or defective Services. In all cases, the Company's liability is limited to direct damages, excluding any indirect damages, and to the amount excluding tax paid by the Client for the performance of the Services.
Furthermore, the Company shall not be held liable, under any circumstances whatsoever, for
damage and/or nuisance caused by a third party or attributable to improper or improper use by
the Client of the Premises, equipment, materials, or accessories made available to it.
Similarly, the Company shall not be held liable, under any circumstances whatsoever, for any
bodily injury, material injury, or non-material damage occurring on the Premises, as well as for
any theft, deterioration, or damage that may occur to cash, materials, accessories, clothing, or
any other property (including animals) that the Client, its representative, and/or its agents
bring into the Premises and that do not belong to the Company. Consequently, it is the
responsibility of the Client, their representative, and/or their agents to personally take out
all necessary insurance to cover all risks through the Company's insurance (including the risks
mentioned above) and to present the corresponding certificate(s) upon the Company's first
request (including any professional liability insurance certificate).
The Client is liable for any material or bodily damage suffered by third parties as a
result of their actions, and any damage resulting from an act committed by them, one of their
employees, or their guests.
They are also liable for any criminal offenses committed by them or their guests.
The Company shall not be held liable for the loss or damage to images or computer data
used by the Client or obtained through equipment made available to them. In the event of any
fault attributable to the Company, its liability cannot be incurred beyond providing the same
technical resources made available to the Client to enable them to reconstruct lost or damaged
data.
Finally, the Studio shall not incur any liability towards the Client in the event of a
breakdown or malfunction of the rented property beyond its control.
The Company's equipment is rented with insurance included, with a deductible of €1,000 in the
event of accidental and unforeseeable damage. This insurance does not, however, cover loss or
theft, occurring under any circumstances, against which the Client is required to insure
themselves personally, without recourse against the Company.
The Client is responsible for all persons present at the location of the Service and for
the consequences of their actions.
These persons must have their own insurance.
Neither Party shall have failed in its obligations to the extent that their performance is delayed, hindered, or prevented by an act of God or force majeure within the meaning of Article 1218 of the Civil Code. The following are expressly considered acts of God or force majeure, in addition to those usually recognized by case law: blockage of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, failure of the external power supply network, or lack of means of transportation preventing the delivery of materials or the performance of the Services, and any event causing the complete or partial destruction of the Premises. The Party invoking the occurrence of a force majeure event must notify the other Party without delay by registered letter with acknowledgement of receipt. The Parties will then meet within one month, unless the force majeure event makes this impossible, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. In the event of force majeure, performance of the contract will be suspended for the entire duration of the force majeure event if it is temporary. If the impediment becomes permanent, the contract will be automatically terminated.
Unless otherwise notified in writing by the Client, the Company may communicate, by any means of its choice, about its involvement in a project and the performance of the corresponding Services once said project has been made public, without the Client being able to object or have any claims of any nature whatsoever against the Company in this regard.
The General Terms and Conditions are written in French. In the event of a translation, only the
French text shall be authoritative. The contractual relations between the parties to which these
general terms and conditions apply shall be governed exclusively by French law.
In the event of a dispute, the Parties shall work together to reach an amicable agreement.
Failing this, the Parties undertake to resort to mediation before any action before the
competent court. In the event of a dispute, only the courts of Paris shall have jurisdiction,
including in cases of multiple defendants and third-party claims.