Privacy Policy
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Privacy Policy and Terms of Service apply.
This privacy policy sets out the basis on which any information (which may include personal data, as defined in data protection law) we collect from you, or that you provide to us, through this website, application or service (the “Site”) will be processed by us. Please read the following carefully to understand our practices regarding your information and how we will treat it. Who we are: Welcome to www.baltic.com (the “Site”). The Site is operated by Baltic Studios, Company number 8575749059, 79 Wilton Way, London, E8 1BG and Baltic Studios Ltd (Company number: 11250912) (“We”), who is a data controller responsible for the processing of personal data under applicable data protection law.
Baltic Studios www.baltic.com
As used in this Privacy Policy, “Baltic Companies” includes all entities Baltic controls, is controlled by or is under common control with, including subsidiaries, joint ventures or other entities in whom Baltic has a substantial ownership interest. (“We”) are committed to protecting and respecting your privacy.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to: 79 Wilton Way, London, E8 1BG, e-mailed by clicking here info@baltic.com or as always, feel free to call us on: +44 7375 368 756.
Privacy Policy
This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the “Act”), we are registered as a data controller and will process any personal information we collect about you in accordance with the Act.
This policy applies to you whether you use the Site as a casual browser or as a registered client. If you do not agree to the terms of this policy, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time; if we do so we will notify you via the Site’s home page www.baltic.com . Please check this policy and the Site’s homepage periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean that you accept those changes.
Information we may collect from you
We may collect and process the following data about you:
● Information that you provide by filling in forms on the Site. This includes information provided at the time of registering to use the Site, subscribing to our service, posting material or requesting further services (e.g., regular newsletters). We may also ask you for information when you report a problem with the Site.
● If you contact us, we may keep a record of that correspondence.
● We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
● Details of transactions you carry out through the Site and of the fulfilment of your orders.
● Details of your visits to the Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP Addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Cookies
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve the Site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate.
Please note that the law in the EU has changed in respect of the serving of all non-essential cookies (and other similar web tools), and that your prior consent is now required before a non-essential cookie is installed on your hard drive. We will introduce new measures (if applicable or necessary) and in accordance with good industry practice prior to May 2012 to further abide by our legal requirements. Until that time, your continued use of the Site and your current browser settings shall be deemed as your prior consent to the use of cookies by us.
Please note that cookies which are essential to the operation of the Site may have already been installed on your hard drive and do not require your prior consent, however this Privacy Policy explains our use of all cookies and how you may delete or block them. Please note that by deleting or blocking cookies, it may impact on your use of the Site.
Cookie Domain Purpose
www.facebook.com Facebook
When you create or log in to an account on “Like” www.facebook.com cookies are stored on your computer in Button order to remain logged-in to your facebook account when Cookies visiting http://www.facebook.com again. The Facebook Like (on Baltic Button used on our website is hosted by Facebook and website) your browser therefore sends this cookie data to Facebook when creating the button inside your browser. This data is used by Facebook in order to associate the Facebook Like Button with your Facebook account. This information is not accessible to us, and is not sent to us by Facebook. More information about this cookie and Facebook’s Privacy Policy can be found athttps://www.facebook.com/about/privacy/your-info-on-oth er#socialplugin
Facebook Pixel
www.baltic.com We use the “Custom Audience pixel” of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) on our website. With its help, we can keep track of what users do after they see or click on a Facebook advertisement. This enables us to monitor the effectiveness of Facebook ads for purposes of statistics and market research. Data collected in this way is anonymous to us, which means we cannot see the personal data of individual users. However, this data is saved and processed by Facebook. Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and outside of Facebook. A cookie can also be saved on your device for these purposes.
Please click here if you would like to withdraw your consent https://www.facebook.com/settings/?tab=ads#_=_
Twitter “Share” Button (on Baltic Website)
www.twitter.com When you create or log in to an account on www.twitter.com cookies are stored on your computer in order to remain logged-in to your twitter account when visiting www.twitter.com again. The Twitter Share Button used on our website is hosted by www.twitter.com and your browser therefore sends this cookie data to Twitter when creating the button inside your browser. This data is used by Twitter in order to associate the Twitter Share Button with your Twitter account. This data is not accessible to us, and is not sent to us by Twitter. More information about this cookie and Twitter’s Privacy Policy can be found at https://twitter.com/privacy
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
● To ensure that content from our site is presented in the most effective manner for you and for your computer.
● To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
● To carry out our obligations arising from any contracts entered into between you and us.
● To allow you to participate in interactive features of our service, when you choose to do so.
● To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
You may choose to withdraw your consent to us using your data in the way described at any time by choosing the ‘unsubscribe’ option situated on the email and/or other form of communication you may receive from us.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined with reference to the definitions of “holding undertaking” and “subsidiary undertaking” in section 1162 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
● In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
● I fBaltic Studios or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
● If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use www.baltic.com/website-terms-and-conditions.pdf or terms and conditions of supply www.baltic.com/termsandconditions.pdf and other agreements; or to protect the rights, property, or safety of Baltic Studios, Baltic Studios Ltd., our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at 79 Wilton Way, London, E8 1BG, e-mailing info@baltic.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Children
This Site is not directed toward children (as defined by local law) nor does Baltic knowingly collect information from children (as defined by local law) without parental consent except where in compliance with applicable laws.
Changes to our Privacy Policy
Any material changes we may make to our privacy policy in the future will be posted on this page prior to the change becoming effective and/or we will notify you through the Site or, where appropriate, by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
Users Of Sites In The European Economic Area
This section of this Privacy Policy applies only if you use the Site from a country that is a Member State of the European Economic Area, and supplements the information in this Privacy Policy.
Legal Basis for Data Processing
We process personal data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process personal data includes processing that is: necessary for the performance of the contract between you and us (for example, to provide you with the services you request and to identify and authenticate you so you may use the Site); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Site); and based on consent by our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time (by using preference settings in emails or on our Sites, emailing us as set out in the Contact section) without affecting the lawfulness of processing based on consent before its withdrawal.
We may use automated decision making technologies, including profiling, to support our data processing activities. Our automated decision making capabilities include logic that attempts to identify artists, music, communications, products, or offers that we believe may interest you. For you, this means that you may see online advertisements, direct marketing communications (if you have subscribed), or other advertising or marketing messages or special offers based on your activity on our Sites or interactions with Baltic Studios or our third party partners.
In some instances, you may be required to provide us with personal data for processing as described above, in order for us to be able to provide you to use all the features of the Site.
International transfers
Our sharing your personal data in accordance with this Privacy Policy, may involve transferring your data outside the European Economic Area (EEA). Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring, where required by law, at least one of the following safeguards is implemented:
● transferring personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
● using specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
● transferring personal data to the United States to an entity if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
You may be entitled, in accordance with applicable law, to request a copy of relevant safeguards by contacting UMG as described in the “Contact” section.
Further Information
For more information on managing cookies, please go to www.allaboutcookies.org or visit www.youronlinechoices.eu which has further information about behavioural advertising and online privacy.
In addition to disabling cookies and other tracking technologies as described above, you may opt-out of receiving targeted advertising from participating ad networks, audience segment providers, ad serving vendors, and or other service providers by visiting websites operated by the Network Advertising Initiative, Digital Advertising Initiative or European Interactive Digital Advertising Alliance.
Terms of service
Terms of service
Definitions
“Agreement” means the agreement comprised in the Booking Form and these Conditions;
”Booking” means the hire of the Studio for the Period of Booking and subject to the other terms and conditions specified in the Booking Form;
“Booking Fee” means the fee payable by the Client to the Company for the Booking as specified in the Booking Form or if not specified then calculated in accordance with the Company’s published or usual scale of charges;
“Booking Form” means any written quotation given by the Company and accepted and agreed to and signed by the Client (to be deemed accepted when work begins if no prior acceptance is received by the Company) or the description of supply (but not any “terms and conditions”) contained in any written order of the Client accepted by the Company (to be deemed accepted when work begins if no prior acceptance is received by the Client);
“Client” means the person or company referred to in the Booking Form;
“Client’s Equipment” means equipment brought onto the Company’s premises by the Client, or the Client’s Personnel or any servant agent or contractor for and on behalf of the Client;
“Client’s Own Part Recorded Media” means the Client’s own recording media incorporating pre-recorded material including without limitation multi-track recording tape and computer software;
”Client’s Personnel” means persons invited by the Client to enter the Studio during the Booking;
“Client’s Recording” means a recording made before the Period of Booking which is delivered to the Company by the Client in connection with this Agreement;
“Company” means Baltic Studios and Baltic Studios Ltd;
“Conditions” means these conditions;
“Fee” means the Booking Fee;
“Master Recording” means the original recording produced for the Client in the course of the Booking on the media and in the format described in the Booking Form;
“Maximum Liability” means the maximum liability on the part of the Company to the Client arising under or in connection with this Agreement (in the aggregate for all potential claims by the Client) being the lesser of (i) £100; and (ii) the total amounts paid to the Company by the Client under this Agreement in the six months immediately preceding the initial notice of any claim;
“Operators” means the staff of the Company named as such in the Booking Form;
“Period of Booking” means the period described as such in the Booking Form;
“Pre Production Master” means a Recording in form intended for mass production without further material change;
“Recording” means any single or multi-track audio and/or visual recording or data programming or derivative thereof or any one or more pieces of recorded sound or visual image recorded or used during the Booking including a Master Recording and a Pre Production Master or any Client’s Recording;
“Representatives” means the persons named in the Booking Form being authorised by the Client to instruct the Company on behalf of the Client;
“Session Footage” means all audio and or audio visual material documenting the progress and making of the Recording in the Studio during the Period of Booking;
“Studio” means the recording studio and the equipment specified in the Booking Form;
“Studio Building” means all parts of the building and premises in which the Studio is contained;
“Studio Breakdown” means a failure or breakdown or unavailability for any reason of the Studio which prevents the Client’s use thereof in accordance with the terms hereof;
“Trade Marks” means all Company owned and or controlled trade marks, logos and associated rights.
1. AGREEMENT These Conditions alone are to apply to all facilities hired and work done by the Company for the Client and shall prevail over any terms and conditions put forward by the Client.
2. STUDIO FACILITIES 2.1 The Company shall make the Studio and the Operators available to the Client for the Period
of Booking and shall produce the Master Recording at the direction and subject to the monitoring and approval of the Client or the Representatives. The Client shall only permit people directly involved in the Recordings to enter the Studio Building and only during the Period of Booking. The Company reserves the right to require any person not so involved to leave the Studio building. 2.2 The Client hereby acknowledges that it shall be responsible for: (a) ensuring the suitability of the Studio for the Client’s purpose; (b) ensuring that the Client’s Equipment shall be compatible with the Studio; (c) the technical quality of any recording engineered by personnel provided by the Client; (d) any problem or damage caused by use of Clients Own Part Recorded Media (including any virus damage), and that accordingly the Company gives no warranty as to the Foregoing.
3. THE BOOKING FEE 3.1 For Clients with accounts with the Company, payment of the whole of the Booking Fee and any other sums payable by the terms of this Agreement shall be due on the later of either thirty (30) days of the Company’s invoice in respect of such monies, or on the first day of the Period of Booking. 3.2 For all other Clients, and unless agreed otherwise with a Client and set out in the Booking Form, the Booking Fee shall be payable in full upon receipt of the Company’s invoice for the agreed Booking Fee. 3.3 Where agreed with the Client the Company may make additional charges for specific items (including but not limited to overtime (charged at the our usual hourly rates from time to time in force unless agreed otherwise by us in writing), taxi fares, materials and/or food), which amounts will be payable in full by the Client on receipt of an invoice in respect of such charges. (a) Clients who do not pay in full prior to the session may not be entitled to remove any Materials (as defined below) or Recordings from the Studio until all fees and charges payable further to this Agreement have been paid in full and received by the Company as cleared funds; 3.7 The Client shall be liable to pay interest on any sums overdue and payable to the Company from time to time at the rate of four per cent (4%) per annum above Barclays Bank base rate. 3.8 Subject to the Company exercising its discretion in accordance with Clause 3.9 hereof, the Fee shall not be reduced on account of: (a) the Client’s failure to use the Studio for any or all of the Period of Booking; (b) the Client’s cancellation of the Booking or any part thereof. 3.9 In the event of the Client’s failure to use the Studio for any or all of the Period of Booking or the Client’s cancellation of the Booking, the Company may, at its sole discretion and without any obligation whatsoever, endeavour to make the Studio and Operators available for an alternative booking. The Company shall deduct any monies received from such alternative bookings (which, at the sole discretion of the Company, may be less than the Booking Fee) against the Fee payable by the Client. The balance of the Fee shall be payable in accordance with this Agreement.
4. THE CLIENT’S OWN MEDIA, PERSONNEL AND EQUIPMENT 4.1 The Client will be responsible for the integrity of the Client’s own media, including (without limitation) hard drives and/or the Client’s Own Part Recorded Media (the “Media Materials”) and the Company shall not be liable for any deficiency in or caused by such Media Materials. The Client shall be responsible for backing up or creating safety duplicates of any Media Materials. 4.2 The Client hereby warrants undertakes and agrees that it shall procure that each of the Client’s Personnel shall abide by the Studio’s rules, regulations and health and safety policy and that it shall be responsible: (a) for the actions of the Client’s Personnel upon the Company’s premises; (b) for any and all injury, loss or damage to any person’s equipment or premises (including, without limitation, the Studio’s equipment or premises) caused by any act or omission of the Client’s Personnel, or as a result of any defect in or inappropriate specification of the Client’s Equipment or the Media Materials generally; (c) for the cost of the hire of any Client’s Equipment; (d) for any costs and expenses incurred by the Company on behalf of the Client at the Client’s request; (e) for any and all loss or damage to the Client’s Equipment which shall be at the sole risk of the Client. 4.3 The Client hereby warrants, undertakes and agrees that it shall maintain adequate insurance cover with reputable insurers for the duration of the Period of Booking in respect of its obligations under Clause 4.2 of these Conditions. 4.4 The Client shall vacate the Studio and remove all Client’s Equipment forthwith at the end of the Period of Booking. The Company shall be entitled by 3 (three) months’ notice to the Client to require the Client to collect the Client’s Equipment and in default of collection of the Client’s Equipment on or before the expiration of the said period of notice, the Company shall be entitled to destroy or otherwise dispose of the Client’s Equipment.
5. SOUND LEVELS The Client hereby acknowledges that the Noise at Work Regulations 1989 have established that prolonged exposure to high noise levels above 85 dB(A) may cause damage to hearing and that both studios and studio users are required by law to keep exposures as low as reasonably practicable and that accordingly: 5.1 the Client shall be responsible for noise levels within the Studio; 5.2 high noise levels shall not be sustained for long periods; 5.3 the Company hereby reserves the right to take such action as it may deem appropriate to maintain tolerable noise levels and that no claim shall lie against the Company in respect of inconvenience or time lost in the event of such action; 5.4 the Client shall follow the recommendations contained in the APRS leaflet “KEEP SOUND LEVELS DOWN” (receipt of a copy of which the Client hereby acknowledges) and instruct the Client’s Personnel to do the same.
6. RECORDINGS AND MATERIALS 6.1 The Client shall procure the collection of the Recordings and ancillary materials (if any) (the “Materials”) immediately upon payment in full of the Company’s invoice applicable thereto (the “Collection Date”) 6.2 After the Collection Date: (a) notwithstanding any other provision contained within the Conditions the Materials shall be held by the Company solely at the risk of the Client; (b) the Client shall be liable to the Company for such reasonable charges as the Company may raise against the Client for the continued storage of the Materials; (c) the Company shall be entitled to serve notice on the Client requiring the Client to collect the Materials within 6 (six) months of the date of such notice failing which the Company shall be entitled to destroy or otherwise dispose of the Materials. 6.3 Notwithstanding any other provision contained within the Conditions until such time as the Company shall be in receipt of cleared payment of the entire Fee the Company shall retain legal title to the Materials which shall remain the property of the Company and the Company shall be entitled to retain possession of all of the Materials. 6.4 Notwithstanding any other provision contained within the Conditions the Client hereby acknowledges and agrees that all risk in the Materials when in transit or otherwise off the Company’s premises shall vest in the Client. 6.5 The Company retains a general lien on any property of the Client Master Recordings and or Materials in its possession for any unpaid balance the Client may owe to the Company.
7. INDEMNITY The Client hereby covenants and undertakes to the Company that it shall indemnify the Company against any injury, loss, damage, costs and/or expenses suffered by the Company arising from: 7.1 the Client’s cancellation of the Booking including without limitation any reasonable costs or expenses incurred by the Company in connection with the Booking; 7.2 the Client’s making, use or exploitation of the Recordings; 7.3 the Client’s breach of any of the warranties, undertakings or agreements on its part to be observed or performed by the terms of this Agreement; 7.4 any loss or damage caused to the Company by the Client’s Own Part Recorded Media or the Media Materials generally.
8. CONTENT OF RECORDING 8.1 The Client warrants that nothing whatsoever shall be included in the Recording (or any software introduced by the Client) which constitutes a breach or infringement of any copyright or which shall be in any way illegal, scandalous, obscene or libellous and the Client will indemnify the Company against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Company in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer’s advice in respect of any such claim.
8.2 The Company shall not be required to reproduce any matter which in its opinion is or may be of an illegal, scandalous, obscene or libellous nature.
9. STUDIO BREAKDOWN WARRANTY 9.1 Subject to Clause 9.2 of these Conditions, in the event of Studio Breakdown the Company shall credit or refund to the Client the Booking Fee in respect of the Booking or reschedule for the earliest best date and shall have no liability or obligation to the Client beyond these remedies. 9.2 In the event of a minor Studio Breakdown (being a Studio Breakdown lasting no longer than 2 hours) the Company may at its option and without any obligation whatsoever extend the affected day by a corresponding time at no additional charge to the Client.
10. MASTER RECORDING WARRANTY 10.1 The Client shall promptly notify the Company in writing of any defect in or loss of or damage to the Master Recording of which it is made aware whether as a result of any test carried out by the Client pursuant to clause 3 or otherwise. 10.2 The Company shall use its reasonable endeavours to correct any such defect and to effect replacement of such lost or damaged materials so notified to it or of which it is aware and which are attributable to faulty materials or workmanship or the negligence of the Company. 10.3 In the event that the Company is unable reasonably to effect such rectification or replacement its liability in respect of any Master Recording shall be limited to the Maximum Liability.
11. CLIENT’S RECORDINGS It is a condition of this Agreement that all Client’s Recordings shall have been copied by the Client before delivery to the Company, and that the Company’s liability for loss of or damage to a Client’s Recording shall be limited to the value of the media on which it is recorded.
12. TRADE MARKS The Trade Marks are the property of Baltic Studios Ltd and the Client shall not use the Trade Marks unless expressly authorized in writing by Company to do so.
13. FILMING AND PHOTOGRAPHY RESTRICTIONS 13.1 The Client shall not and it shall procure that Client’s Representatives shall not photograph or film any part of the Studio Buildings save as expressly provided in this Agreement. 13.2 The Client shall be permitted to photograph and/or record Session Footage within the Studio solely for non-commercial, personal purposes PROVIDED THAT: (a) the copyright and all related rights in and to the Session Footage shall vest in Company and to the extent any such rights vest in Client, Client assigns all rights in the Session Footage to the Company, whether vested, contingent or future; and (b) Client hereby waives, and shall procure the waiver from Client’s Representative any and all moral and or so-called “Performer’s” rights in the Session Footage; and (c) the Client shall provide the Company with a copy of the Session Footage.
(d) In the event that Client or Client’s Representative either: (e) wish to use the Session Footage for purposes not expressly permitted hereunder; and/or (f) wish to photograph and or film the whole or part of the Studio Building; and (g) the Client puts any request to photograph, film and/or record Session Footage in writing to Company.
14. COMPANY’S OVERALL LIABILITY 14.1 The Client acknowledges that its use of the Studio is entirely at its your sole risk. Under no circumstances will the Company, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, agents, and employees, be liable to a Client for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of the Studio, whether or not the Company has been advised of the possibility of such damages or loss. Such limitation of liability shall apply: (a) whether the damages arise from use or misuse of the Studio (including such damages incurred by third parties); and (b) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. 14.2 In the event that the Client shall actually suffer any loss or damage arising directly from the negligence or breach of contract or of statutory duty of the Company then other than in cases of death or personal injury the Company’s liability therefor shall be limited in any event to the Maximum Liability in respect of the aggregate of all instances of such negligence and/or breach arising out of the Company’s performance of its obligations under this Agreement. 14.3 Notwithstanding any other provision contained within this Agreement the Company shall not be liable to the Client or the Client’s Personnel for any: (a) indirect or consequential loss or damage; (b) economic loss including without limitation any loss of profits or goodwill or anticipated Savings; arising from any fault in the Studio or any act or omission of the Company its servants or agents in respect of this Agreement. 14.4 The Company’s liability under this Agreement shall be to the exclusion of all other liability to the Client whether contractual, tortious or otherwise. All other conditions, warranties, stipulations or other statements whatsoever concerning the Agreement, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded. 14.5 The Client accepts as reasonable that the Company’s total liability in respect of the Booking shall be as set out in this Agreement: in fixing those limits the Client and the Company have had regard to the price and nature of the Booking and the terms hereof, and the level of expenses expected to be incurred by the Client in respect thereof and the resources available to each party including insurance cover, to meet any liability. 14.6 WHERE THE BOOKING IS MADE BY A CONSUMER AS DEFINED IN THE SALE OF
GOODS ACT 1979, THE SUPPLY OF GOODS AND SERVICES ACT 1982, THE SALE AND SUPPLY OF GOODS ACT 1994 OR THE FAIR TRADING ACT 1973 THE STATUTORY RIGHTS OF THE CLIENT ARE NOT AFFECTED BY THESE CONDITIONS. 15. FORCE MAJEURE Notwithstanding any other term of this Agreement the Company shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure. Following notification by the Company to the Client of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of this Condition, ‘Force Majeure’ means Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
16. MISCELLANEOUS 16.1 If there is an inconsistency between any of the provisions of these Conditions and the provisions of the terms and conditions of the Studio, the provisions of these Conditions shall prevail to the extent of such inconsistency. 16.2 If any provision(s) of this Agreement is/are held to be invalid or unenforceable, it/they will be struck out and the other terms shall remain. 16.3 The Client shall procure that neither the Client nor any of the Client’s Personnel shall be held out as an agent of or pledge the credit of the Company. 16.4 This Agreement constitutes the entire agreement between the parties and neither party shall be bound by any other statement or representation made to the other. 16.5 No variation or amendment to this Agreement shall be effective unless made in writing and signed by the parties hereto. 16.6 In the event that any part of this Agreement shall be held to be void, voidable or otherwise unenforceable by a court of competent jurisdiction then the balance thereof shall remain in full force and effect. 16.7 For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it. 16.8 All notices required to be given hereunder shall be in writing and deemed properly served if delivered by hand or sent by fax (PROVIDED that proof of transmission can be produced) to the address or fax number respectively of the applicable party specified on the Booking Form on the date of delivery or transmission or if sent by recorded delivery post to such address within two (2) working days of posting. 16.9 This Agreement shall be construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.