The following sets out the terms and conditions (Terms) of CUSH STUDIO (ABN 78 957 014 927) studio and equipment hire services. These Terms together with any other terms and conditions specified in a Quote, and any other documents incorporated by these Terms, form part of the contract agreement between You and Cush Studio when you hire a Studio or Equipment or both from Cush Studio.

This agreement may be accepted by doing the following:

(a) Paying the full amount as stated on the Invoice

(b) Paying the full amount stated on acuity scheduling software

1. Definitions

(a) In these Terms the following definitions apply:

“Week Day” means Monday – Friday excluding public holidays.

“Business Day” means Monday – Friday excluding public holidays.

“Weekend” means Saturday - Sunday.

“Space” means the ground floor at Cush Studio (exclusive of the Culture Cush Workshop on the upper Mezzanine) in Bennetts Green.

“Studio” means the ground floor of the photography/film space You hire at Cush Studio.

“Premises” means Cush Studio Bennetts Green

“Equipment” means the equipment specified in a Hire Contract.

“Quote” means any estimate we send You setting out the fees applicable for Your booking request.

“Hire Rates” is Our standard rates for studio and equipment hire, available from Our website or upon request.

“Cush Studio”, “We” “Our” or “Us” means Cush Studio (ABN 78 957 014 927);

“You” or “Your” means the person or entity agreeing to hire a Studio or Equipment or both from Us.

“Party” means the assistants, employees, agents, guests or contractors of a party.

“Your Property” means any property that You, Your Party or guests bring onto the Premises including any Equipment.

“Hire Contract” means the final confirmation We send You attaching and incorporating any agreed Estimate.

“House Rules” means Our house rules for the studio. A copy can be found in the Studio and on Our website;

“Hire Period” means from the time You occupy the Studio until the end of the period specified in the applicable Hire Contract.

2. Hire eligibility and proof of identification

(a) If You are an individual or sole trader You warrant that You are at least 18 years of age;

must supply Us with a current ABN (if applicable, Your postal address, contact number and an email;

(b) If You are booking for another entity, You must supply a current ABN, registered address, contact number and an email for said entity. 

(c) You are required to provide proof of identity in the form of a driver’s license. Cush Studio reserves the right to use this information to perform background checks at Our discretion.

(d) You may be required to provide Us with a valid, current credit card before Us hiring the Studio or our Equipment to You. You agree that Cush Studio may use these details to process a security hold on your Hire Period. Cush Studio reserves the right to charge Your credit card and/or invoice You to recover any amount owed by You per these Terms.

3. Making a booking

(a) These Terms govern all hires of Studios and Equipment from Cush Studio;

(b) Each hire request received is deemed as a separate request. Hire requests are only confirmed when Cush Studio confirms in writing;

(c) Cush Studio may choose at any time, in its sole discretion, not to hire out the space or equipment to You or Your Party;

(d)    Cush Studio and props/equipment are subject to availability;

(e)    Cush Studio will only hold your hire request for 24hrs. Full payment must be made to secure your hire request;

(f) Requests for studio adjustments need to be made a minimum of 3 days before your hire date;

(g) All change requests will need to be made via email to studio@cushstudio.com.au;

(h) A refundable security deposit of $500AUD may be required if you are a new client and may be paid with your invoice or in the way of a credit card hold.

(i) All payments must be made in full prior to your booking in order to confirm your required date.

(j) Note that the mezzanine of the studio is a work space, Culture Cush employees may be within the space on your shoot day. Please be conscious of this and be respectful of noise. If you need the entire premise empty please email studio@cushstudio.com.au prior to your booking day.

4. Payment and fees

(a) The fees payable are specified in the Hire Contract sent to you by Cush Studio. Fees can be paid via direct deposit or credit card. Credit card payments are processed by STRIPE;

(b)  In addition to Your fees, Cush Studio, in its sole discretion, reserves the right to charge a deposit for studio and equipment hire that is refundable upon the completion of your hire period;

(b) A security deposit of $500AUD may be required with each hire. This may be paid with your invoice via direct deposit or credit card. If you choose this option your refund will be processed 24-48 hours from the completion of your hire period. You may choose to opt for a $500AUD credit card hold. This will not charge your nominated credit card and will be removed within 24 hours from the completion of your hire period;

(c) Deductions from your security deposit may be if any of the following apply;

• Excessive rubbish or props are left on-premises;

• Extra cleaning is required to bring the premises back to its original state;

• Extra cleaning to remove make-up, self-tanners or other body cosmetics is required;

• Damage to premises and equipment outside of general wear and tear occurs;

• Damage to internal or external walls and fixtures occurs;

• Use of equipment or props not listed in your Hire Contract.

(d) You agree that if any of the above exceed $500 to pay the difference. You will be billed accordingly and contacted via email for all correspondence related to these matters;

(e)  Additional fees may be incurred if you request earlier or later access to the studio, set adjustments, catering, in-house services or any other services not listed in the Hire Contract;

(f)  Following a shoot, We will issue You with an invoice for all additional fees you incurred (less any fees paid upfront or already charged to an approved account);

(g)  If the booking is made over 14 days of your preferred hire date Cush Studio requires full payment to confirm your requested hire period. Non-payment will result in your selected date being released.

(h) If the booking is made within 10 days of your preferred hire date payment must be made within 24 hours of your booking request;

(i)  Without limiting any other clause in these Terms if you do not pay any invoice by the due date, we reserve the right to; charge a reasonable administrative fee for Our processing and pursuit of late payments.

(j) All payments must be made in full prior to your booking in order to confirm your required date.

5. Authorised party

(a)  You must not make bookings on behalf of another Party unless You are attending the Premises for the duration of the Hire Period;

(b)  You must advise Cush Studio if you have any outside Parties attending the Premises for the duration of the Hire period this includes but is not limited to, caterers, hair and makeup crew, stylists, prop or set designers;

6. Cancellation policy or change of date

(a)  Should You wish to cancel a confirmed booking, the following cancellation fees may apply;

For cancellations within 1 Business Day of the commencement of Your booking: 75% of Your confirmed fees;

For cancellations within 2 Business Days of the commencement of Your booking: 50% of Your confirmed fees; and

For all other cancellations: 25% of Your confirmed booking fees. (Cancellation Fees);

If You cancel a confirmed booking, We may agree (in Our sole discretion) to waive the Cancellation Fees. This may happen if Cush Studio can rebook the Studio. In this case we may charge an administrative fee of $50;

(b)  Should You wish to change the date of a confirmed booking, the following fees may apply;

$50 administrative fee;

Date changes are subject to availability and may incur additional fees if moved to a Weekend or public holiday;

7. Termination by Cush Studio

(a)  We may terminate any hire agreement immediately without incurring any liability to You where; You are in material breach of any of these Terms; or We are unable to provide the Studio or Equipment to You for occurrences or conditions that are not within Our reasonable control including but not limited to fire, acts of terrorism, natural disasters, floods, government action or order, inclement weather, strikes;

8. Hire obligations

(a)  Equipment including props must not be removed from the Premises;

(b) With the exception of any of Cush Studio’s equipment, you must ensure that any equipment You or Your Party brings to the premises is safe to use. You must ensure that You or Your Party are suitably qualified to operate this equipment;

(c) You must ensure that You or Your Party are suitably qualified to operate Cush Studio equipment;

(d) You agree that if You or any of Your Party are not familiar with the operation of the equipment listed in your Hire Contract, you will hire a Studio assistant to assist you in operating the equipment;

(e) You are required to make your own judgment regarding the working condition of the Equipment, the Studio and the Premises for your Hire Period;

(f)  When hiring Cush Studio, you warrant that You and Your Party have read and agree to comply with the Premises House Rules. If at any time We believe You or Your Party are acting against these House Rules, We reserve the right to require you to cease any activity that may be deemed unsafe or against the House Rules;

(g) The following activity is prohibited without prior written consent;

Lighting fire/s - open flames;

Pools of water;

Medical or cosmetic procedures that alter the body or require high levels of sanitisation;

Suspension of a person/s or objects from the ceiling;

Splashing or throwing of glow sticks, glow paint, regular paint or chemicals that require professional cleaning.

(h)  The Studio and equipment must be returned to/in their original state. Failure to do so may incur a cleaning and maintenance fee of $200AUD;

(i) You must use all Equipment per the manufacturers instructions;

(j) You must not modify any of the Equipment listed on your Hire Contract;

(k) All equipment must be plugged into Cush Studio-approved power points and power boards. Failing to do this may result in but is not limited to fire, electrical burn, power surges or injury. Without limiting any other clause in these Terms, if You use a non-approved power board or powerpoint, You are entirely liable for all injury, damage, losses and costs of repair which may arise;

(j) You agree to do a stocktake of all Equipment upon arrival at the Studio.

9. Cleaning and damage

(a)  You must vacate the Studio by the end of the Hire Period in the same condition as it was provided (reasonable wear and tear excepted);

(b)  Studio hire includes a standard clean (up to one hour carried out by Our team). Any excessive cleaning beyond this may incur a cleaning and maintenance fee of $200AUD;

(c)  If You leave the Studio or return Equipment in an excessively dirty condition (as determined by Us in Our sole discretion), You must pay for the reasonable costs of cleaning. Without limitation, Studios or Equipment left with foreign substances such as makeup spills, food, glitter or confetti may incur an additional cleaning and maintenance fee of $200AUD;

(d)  You must take care not to damage or mark the Studio including but not limited to the walls, floors, flats or the equipment. Your Party must not wear pre-worn or old shoes on the equipment where possible. Soles of shoes must be new or cleaned before stepping on equipment and paper backdrops. All other Party members must wear clean socks or bare feet to walk on equipment and paper backdrops. If you fail to comply with this clause, the cost of reasonable repair will be charged to you including without limitation, the cost of resurfacing, painting, and sealing the surfaces or replacing them as required;

(e)  Without limiting clauses c) and d) above, You are responsible for, and must pay for all loss or damage caused to the Studio, the Premises or any Equipment by You or Your Personnel or guests (reasonable wear and tear excepted). We reserve the right to charge Your credit card and/or invoice You to recover Our costs of assessment, repair and/or restoration per these Terms;

(f)  You are responsible for the acts and omissions of Your Party while they are on the Premises and will ensure that they comply with these Terms.

10. Early entry and overtime

(a)  Access to the Studio is available 15 minutes before the agreed Hire Period. Earlier access can be arranged and may incur a fee at an hourly rate;

(b) Access to the studio out of hours is available and is charged by the hour;

(c)  A fee for vacating the Premises beyond the agreed Hire Period may occur at an hourly rate;

11. Your property and surveillance

(a)  Cush Studio operates out of the building. We take care to supervise the Space but we cannot be responsible for Your Property. By agreeing to these terms you agree to take responsibility for all of Your Property including that of your Party on the Premises;

(b)  You may wish to have your Equipment, Products or Props delivered before your Hire Period. We advise that You or an Authorised Person in Your Party be present at the Premises to take delivery as We will not take responsibility for missing, damaged or incorrect deliveries;

(c) Cush Studio is not responsible for any lost, damaged or stolen property of Yours from the Studio;

(d) If You or Your Party leave Your Property unattended at the Studio you do so at Your own risk. To the fullest extent permitted by law, We exclude liability for loss or theft of, or damage to, Your property, except to the extent such loss, theft or damage is caused by Our willful misconduct;

(e)  Any electrical equipment You bring onto the Premises must be tested for electrical safety and have a current (i.e. tested within the last 12 months) electrical safety test tag affixed per AS/NZS 3760:2010;

12. Equipment and consumables

(a)  If during the hire period, the Studio does not operate within its published specifications, You may terminate the hire agreement and We will refund You the fees, or relevant portion thereof;

(b)  If during the hire period, the Equipment does not operate within its published specifications, You may terminate the hire agreement and We will refund You the fees, or relevant portion thereof;

(c)  You must not attempt to repair or authorise a third party to attempt to repair any damage to the Studio or  Equipment;

(d) You must advise Cush Studio of any damages to the Studio or Equipment immediately;

13. NO INTEREST

(a)  Cush Studio grants you to occupy the Space and the facilities at the Premises, and use the Equipment listed in your Hire Contract for the Hire Period. You must not create any lien, mortgage, charge, security interest or encumbrance on the Studio, the Premises or the Equipment. You must not sub-hire or assign any benefit in the Studio, the Premises or the Equipment to any other Party.

14. Insurance and privacy

(a)  We recommend that You obtain sufficient insurance to cover its potential liabilities under these Terms and Conditions;

(b)  We require that You have public liability insurance to a minimum level of $ 5 million per occurrence;

(c) We collect personal and business information to provide the Studio and Equipment per these Terms. We do not provide such information with any third-party services or businesses without prior written consent unless in the case of an emergency;

15. General terms and conditions

(a)  If any provision of these Terms is unenforceable for any reason, such provision shall be severed from these Terms and the remaining Terms and will remain in full force and effect;

(b)  These Terms are governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.