Terms & Conditions

DEFINITIONS
1. Scen Agency BV (Scen Studio), a company incorporated in The Netherlands under KVK number 84779837 and VAT registration number NL863365292B01, registered at 215 Herengracht, Amsterdam, 1016 JA, is referred to in these general terms and conditions as the Service Provider. The other party outlined in these general terms and conditions is referred to as the Client. Service Provider and Client will jointly be referred to as “Parties” and individually as “Party” hereafter.
CONSIDERATIONS:
1. These general terms are conditions that refer to the Service Provider renting out Scen Studio (part of Scen Agency BV) on an hourly basis for events and photography/video services, in which the Client makes payment for, and in which these terms and conditions are applicable.
2. The Service Provider has accepted this initial request of Client, following which acceptance Parties would now like to lay down their entire agreement in these terms and conditions (“T&Cs”).
BOOKING:
1. All sales are final, thus if you cancel your booking, we charge 100% of that booking. Payment should be made in advance of your booking, either via the website booking system or invoice payment. All payments are the fee + applicable 21% VAT (due in The Netherlands).
2. You can reschedule your booking up to 72 hours in advance without any additional charge. If it’s within 72 hours, we are entitled to charge an additional fee of 50% of the original booking. If it’s within 24 hours, we are entitled to additionally charge the full price of the original booking.
3. You can enter the studio 5 minutes before your scheduled booking time, thus we kindly ask you to plan your arrival time according to your booking hour.
4. If you need more time, you can extend your booking based on availability. A surcharge of €50 (excl.VAT) will then be charged for every additional 30 minutes.
5. A booking is only deemed valid when booked via the website booking system or via an employee of Scen Studio, in which case an invoice is sent and should be paid prior to the booking made.
6. The Service Provider has the right to refuse a booking with no reasoning.
7. The Service Provider has the right to amend the booking costs at any time, as well as sharing discount codes in which the usual rates will be reduced for a limited period of time, these discount of subject to the particular booking type and the Service Provider has the right to object certain services from the discount offer, should they deem necessary. Any promotional code only applies to the initial booking time and not for any additional hours should you need to add these during your booking time.
USE OF SPACE:
1. Moving furniture within the space is not permitted, and therefore moving furniture, items and decorative items on the walls is at all times at your own risk.
2. The front of the building should not be altered with, and no wall hangings or adjustments (painting, hangings on the wall) to the building are permitted.
3. Retail activities no matter the type are not permitted in the space due to the current Zoning Plans in The Netherlands. If the Client breaks these rules, then they will be liable for any costs and damages resulting from the mis-use of the space and will be asked to leave the space immediately without any refund of the booking.
4. No animals are allowed in the building.
5. It is forbidden to use flammable items or any activities that can lead to damage to the premises. Smoking is not permitted in the premises. If you smoke outside of the premises then please respect our neighbors by standing away from the building entrance.
6. The client is not allowed to use the space for pornographic expressions.
7. The Client is responsible for letting guests (such as photographers), into the studio space. Please do not let anyone who is not a part of your team into the building. Please respect our neighbors by entering and leaving the building in a quiet and controlled manner.
8. The Service Provider is not responsible for any items left in the space once the client leaves/ completes their booking slot.
9. The Client is responsible for any guests that they bring into the space.
10. Other than events, the Client is not permitted to bring more than 5 guests with them to the space, extra bookings should be made for any bookings who exceed this number of guests.
11. The client is responsible for any damages which they may cause through mis-use of the space such as moving furniture, incorrectly using equipment etc. Any damage costs will be liable to the Client and they are obligated to compensate for the asset value.
LIABILITY:
1. The Service Provided is not liable for any damages or loss of sales arising from these T&Cs, unless the damage was caused by gross negligence or intentional behavior.
2. The Service Provider shall not be liable for any damages or losses incurred by the Client, directly or indirectly, as a result of any (results of the) Services provided by The Service Provider as part of these T&Cs.
3. The Service Provider is not liable for any breaches or damages caused by subcontractors or any other third-parties involved in the (results of the) Services.
INTELLECTUAL PROPERTY RIGHTS:
1. All rights of intellectual property created by and/or related to the Service Provider, under and/or in relation to this Agreement shall belong solely and exclusively to the Service Provider. The Service Provider is thus fully and exclusively entitled to these rights. Of course, the Client fully and exclusively owns and will continue to own all intellectual property rights those parties already had, prior to engaging its Services under the Agreement.
2. By entering into this agreement the Client allows the Service Provider to use any visual material and client names for the Service Providers website, social media and portfolio, unless prior explicit objection is made by the Client.
INDEMNITIES
1. Client hereby indemnifies and holds The Service Provider harmless from and against any and all liabilities, obligations, damages, penalties, actions, judgments, suits, claims, costs, taxes (together with any interest, penalties, or additions thereto) and other losses (including loss in the value of its investment) paid, incurred, suffered, or sustained by the Client, in each case relating to, resulting from, or arising out of (any element of) the Agreement, including claims relating to intellectual property rights, rights of privacy and defamation.
OBLIGATIONS
1. Parties will at all times adhere to the applicable laws and regulations. Parities are also obliged to share in a timely manner, any and all information required for the booking service.
2. Parties agree that all information should be treated as confidential.
3. Both parties guarantee the accuracy, services, completeness and reliability of the information made available to one another, with the inclusion of third parties.
TERMINATION
1. If a Party imputably fails to fulfil one or any of its obligations under the Agreement, the other Party will send it a notice of default. Notice of default must be given in writing and a reasonable period must be allowed for the Party to fulfil its obligations, before the other Party is allowed to make us of the legal rights to which the Party is entitled under this Agreement. Reasonableness and fairness will be taken into account in each case. Notice of default shall not be given (i.e., necessary) if compliance with the obligations within the agreed Term is already permanently impossible other than due to force majeure, or if the non-compliance concerns an obligation to which a fatal term applies and that term has been exceeded. In such case as well as when the aforementioned reasonable period is exceeded, the defaulting Party shall be immediately in default. Parties intend to be in line with the statutory regulation (Section 9 Book 6 Dutch Civil Code) in this paragraph. Insofar as the statutory regulation and this paragraph are not compatible, the text of this paragraph prevails over the statutory regulation. The Party sending the notice of default may terminate the Agreement, once the other Party is definitively in default, without owing the other Party any form of compensation and/or damages.

MISCELLANEOUS

These T&Cs embody all activities, offers and services agreed upon between the Parties as to the subject matter of this Agreement and supersedes all prior discussions, negotiations, understandings, and agreements in respect of its subject matter.
This Agreement also applies to any third parties engaged by the Service Provider.
The failure of a Party to enforce at any time any term or condition of this Agreement, or to exercise any right or option herein, will not operate as a waiver of such right or any other right under this Agreement, nor will any single or partial exercise preclude any other right or option herein; and no waiver whatsoever will be valid unless in writing, signed by the other Party, and only to the extent described in such writing.
If any clause of this Agreement or part thereof is rendered void, invalid or unenforceable by any legislation to which it is subject, it shall be rendered void, invalid or unenforceable to that extent solely, and it shall in no way affect or prejudice the enforceability of the remainder of such clause or the other clauses of these T&Cs. Parties agree to undertake all reasonable endeavours to replace the void, invalid or unenforceable provision with a valid clause, the effect of which shall be as close as possible to the intended effect of the void, invalid or unenforceable clause.

APPLICABLE LAW & JURISDICTION

These T&Cs and any (non-)contractual obligations arising out of or in connection with the Agreement are governed by and shall be construed in accordance with Dutch law.
Any disputes that may arise in connection with or related to the Agreement are subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.

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