LIVE STREAMING SOLUTION HIRE AGREEMENT TERMS & CONDITIONS
1. For the purposes of the LIVE STREAMING SOLUTION Hire Agreement (“Agreement”) to which these Terms & Conditions are annexed to and form part of, Canon Hongkong Company Limited is hereinafter called “the Owner”, and the person / entity hiring the Studio and/or Equipment is hereinafter called “the Hirer”.
Terms and Conditions Specifically Applicable to Studio Use
2. Reservation of Studio is made upon execution of the Agreement by the Hirer, payment of 50% of the charge (“Upfront Payment”) and upon the Owner issuing a written confirmation to the Hirer pursuant to Clause 23 below. If a reservation is cancelled 48 hours before the reserved time, the Hirer shall be entitled to a full refund of the Upfront Payment paid. The reserved time can only be changed by the Hirer provided that such request for change is made to the Owner in writing in not less than 48 hours before the reserved time. Cancellation in less than 48 hours before the reserved time, or no show, will result in the Upfront Payment being forfeited and the Hirer being charged for the fee in full.
3. All fees must be fully settled by the Hirer before use of the Studio.
4. The Owner shall have sole and absolute discretion to require payment by Hirer of a deposit of such an amount which the Owner may determine as a condition for Hirer to use the Studio. The deposit paid will be refunded to the Hirer when the Studio time is over, the Studio is returned to the Owner and upon satisfaction of the Owner that the Studio returned is in good and sound condition and in the condition before hire. In the event of loss or damage to the Studio, the Owner shall have the right to, in accordance with Clause 31 hereunder, deduct from the deposit paid such an amount as necessary to repair, renovate and/or restore the Studio to the condition before it was hired to the Hirer.
5. On the issuance of tropical cyclone signal No.8 or above or the black rainstorm signal by the Hong Kong Observatory, or at the discretion of the Owner when, in its opinion that the facilities are unsuitable for use from safety or operation point of view, the Studio will be closed and in such case, the Hirer shall be entitled to obtain a full refund or to reschedule the booking, which is the sole remedy which the Hirer may have against the Owner.
6. The Hirer is advised to arrive at the venue at least 15 minutes prior to the reserved time. The Hirer will not be compensated for any time in case of late arrival or late check-in unless the late check-in is due to the fault of the Owner.
7. Subject to the sole and absolute discretion of the Owner, and subject to the conditions set out hereinafter, light refreshment is allowed in the Studio. In no event shall spirits, wine or alcoholic beverages (regardless of alcoholic concentration) be consumed in the Studio, and no food of pungent, unpleasant or strong smell or odour shall be brought into or consumed in the Studio.
8. Except with the prior written approval of the Owner, the grant of which is at the Owner’s sole and absolute discretion, no animals, hazardous or dangerous materials, stunts, explosives, chemicals, fire or liquid shall be used or employed in connection with the use of the Studio.
9. No illegality, nuisance, excessive noise, nudity, semi-nudity, pornography, obscenity or indecency is allowed in connection with the use of the Studio.
10. No commercial activities shall be allowed in the Studio except with the prior written consent of the Owner.
11. A set of computer system and/or certain photography or lighting equipment or accessories, depending on the package subscribed to by the Hirer, will be made available for use by the Hirer in the Studio solely for or in connection with the purposes of use of the Studio. The Hirer hereby agrees and acknowledges that the Owner gives no warranty or representation of whatsoever nature as regards the stability, usability or suitability of the computer system or any such equipment or accessories supplied with the Studio use, that they will be fit for any intended purpose, or that they will operate uninterrupted or be virus (in the case of computer system) or problem free. The Hirer expressly agrees and acknowledges that it/he/she accepts and assumes all risks relating to the Hirer’s use and the Owner, to the furthest extent permitted by the applicable law, disclaims all claims, proceedings, demands, actions, liabilities, losses, damages and expenses (including without limitation legal expenses and disbursements) arising from or in connection with use by the Hirer of the computer system or any such photography or lighting equipment or accessories (except any personal injury or death caused by proper use of the same through the fault of the Owner).
12. The Owner may upon the Hirer’s request provide, during the Studio session, reasonable technical support to the Hirer in connection with the use of the equipment / facilities in the Studio and/or any Equipment hired from the Owner. The Hirer agrees and acknowledges that any such technical support (i) will be limited to answering any questions which the Hirer may have in connection with the use of the Studio or the Equipment; and (ii) is not intended to be any advice (whether professional or otherwise) and that the Owner, and its officers, employees, representatives and agents are not liable to the Hirer for, and the Owner disclaims to the furthest extent permitted by the applicable law, any claims, proceedings, demands, actions, damages, losses and expenses (including but without limitation legal expenses and disbursements) arising from or in connection with the provision of the said technical support.
13. The Hirer agrees to use the Studio for the purpose of photography and/or video shooting only, and shall return the Studio to the Owner in the same condition as it was at the beginning of the reserved time, failing which the Hirer may be charged by the Owner a fee for restoring the Studio to its original condition. For any rubbish or materials left in the Studio or if the Studio is returned not in a clean condition, the Owner shall have the right to charge and the Hirer shall forthwith be liable to pay the Owner such an amount as required to clear up and dispose of such rubbish or material or to restore the Studio to the condition before hire.
14. In the event any provision in Clauses 7 to 10 above is breached or that the Owner, in its reasonable opinion, believes that dangerous or negligent practices or improper or inappropriate activities are being engaged in the Studio, the Owner shall have the right to forthwith terminate the Studio session and require the Hirer and its invitees to vacate the Studio immediately without any compensation of whatsoever nature and without being liable to the Hirer in any manner.
15. The Hirer is solely responsible for verifying that all persons engaged or employed by the Hirer and brought or invited into the Studio are of legal working status and legal age for the activities which they are engaged. The Hirer shall indemnify the Owner against any liability or losses arising from a breach of this term. In the event of any violation found, the Owner shall have the right to forthwith terminate the Studio session without any compensation of any nature and without being liable to the Hirer.
Terms and Conditions Specifically Applicable to Hire of Equipment
16. Reservation of Equipment is made upon execution of this Agreement by the Hirer, payment the deposit referred to in Clause 19 below and upon the Owner issuing a written confirmation to the Hirer pursuant to Clause 23 below. All fees must be fully settled by the Hirer before use of the Equipment.
17. The Hirer will be given a full opportunity to inspect, test and examine the Equipment at the time of receipt and/or pick up, and by confirming receipt and/or acceptance of the Equipment from the Owner whether by written confirmation or otherwise, the Hirer shall be deemed to have confirmed and acknowledged that the Equipment is complete, in good and working condition, do not bear any obvious or major scratch or damage externally and is satisfactory for the Hirer’s purposes. Except latent defects or such defects or problems which arise subsequent to the receipt and/or acceptance of the Equipment by the Hirer, the Hirer shall not be entitled to claim, subsequent to receipt and/or acceptance of Equipment, that any of the Equipment is not in good or working condition or otherwise claim that externally scratches or damages were already pre-existing as of the time of receipt or acceptance.
18. Without prejudice to Clause 17 above, any damage or malfunction of the Equipment should be reported to the Owner immediately upon discovery of the same.
19. A deposit of an amount equivalent to the aggregate full retail value (such retail value being the Owner’s prevailing recommended retail price (for Canon products) or the prevailing retail price (in case of third party products) in the Hong Kong market) of all Equipment on hire shall be paid by the Hirer to the Owner at the time of signing the Agreement. The deposit paid will be refunded to the Hirer upon return of the Equipment to the Owner and upon satisfaction of the Owner that the Equipment returned is in good and sound condition and in the condition before hire. In the event of loss or damage to the Equipment, the Owner shall have the right to, in accordance with Clause 31 hereunder, deduct from the deposit paid such an amount as necessary to repair and/or restore the Equipment to the condition before it was hired to the Hirer.
20. The Hirer shall use the Equipment in accordance with the user guides and any other directions provided by the Owner or otherwise in a reasonable manner and shall make no addition, alteration or modification to or otherwise tamper with the Equipment without the Owner’s prior written consent and the Hirer shall keep the Equipment in good operating condition and cleanliness and safeguard the Equipment from unauthorised access.
21. The Equipment shall be used in the Studio only and shall in no event be brought outside of the Owner’s premises where the Equipment is supplied to the Hirer.
22. The Hirer accepts the Equipment in the condition as they are at the time of taking delivery and the Owner does not in any way represent or warrant that the Equipment is of merchantable quality or suitable of fit for any particular use or purpose.
General Terms and Conditions
23. CONDITION PRECEDENT - This Agreement shall have legal effect and become binding on the parties only upon Owner issuing to Hirer (by post, fax or electronic mail) a written confirmation to acknowledge receipt of payment of the required Upfront Payment and (if applicable) deposit by the Hirer AND to confirm the reservation. This is so notwithstanding the signing and returning by the Hirer of this Agreement to the Owner. At no time shall this Agreement or any terms or conditions herein have legal effect or be binding on the Owner prior to the issuance by Owner of the said written confirmation.
24. The Hirer irrevocably agrees to fully indemnify the Owner against all loss or damage to the Studio and Equipment or any parts thereof which may arise from any cause and whether or not such loss or damage results from the negligence of the Hirer, its servants, agents, employees or any third party (except the Owner). The Hirer shall further indemnify the Owner and hold it harmless at all times against all claims, proceedings, demands, actions, damages, losses and expenses (including but without limitation legal expenses and disbursements) made against or incurred or suffered by the Owner arising directly or indirectly from the presence, use or operation of the Studio or Equipment by the Hirer or any person who obtained the Equipment from the Hirer, or from Hirer’s breach of this Agreement, or violation of any law or rights of third party, unless the claim is made against the Owner as a result of the negligence of the Owner or its employees or servants.
25. So far as the applicable law permits, no liability shall attach to the Owner either in contract, tort or otherwise for any loss (including without limitation loss of profits, earnings, reputation, goodwill and loss of work), injury or damage sustained by the Hirer or its servants, agents, officers, employees or representatives as a result of the presence, use or operation of the Studio or Equipment or any parts thereof, or as a result of the Owner being unable or failing to provide or make available the Studio and/or Equipment to the Hirer on time, or any defect or problem in or malfunctioning of the Equipment or in relation to any fitness, quality, design, condition, repair, merchantability, functioning or performance of the Studio or Equipment, or of the material or workmanship thereof, no matter how caused or occasioned, and whether such defect or problem or malfunctioning be latent or apparent at the time the Equipment is received, accepted or examined by the Hirer, or when the Studio is made available for the use by the Hirer. In the event that the Owner shall be liable to the Hirer under this Agreement, unless prohibited by law, the Owner’s liability shall be limited to, at the Owner’s discretion, either the amount of fees paid by the Hirer for the Equipment or Studio (as the case may be) or rescheduling of the Equipment or Studio reserved time.
26. No delay or failure of performance by the Owner hereunder will be deemed to be a breach of or default under this Agreement or give rise to any claim by the other party if and to the extent such delay or failure is pursuant to a Force Majeure Event. "Force Majeure Event" means any act of God, war, invasion, riot, rebellion, terrorist acts, natural disasters, disease or epidemic, government sanction, blockage, embargo, labor dispute, strike, lockout, network or utility failures, loss and corruption of data, computer virus attack and any other cause or circumstance beyond the Owner’s reasonable control.
27. The Studio and Equipment shall at all times remain the sole property of the Owner and that nothing contained in this Agreement shall confer or be deemed to confer any interest in the Studio or Equipment on the Hirer or any person.
28. The Hirer will permit any person authorized by the Owner at all reasonable times to check, inspect and/or examine the Studio and/or Equipment deemed appropriate or necessary by the Owner.
29. The fees paid by the Hirer to the Owner under the Agreement are exclusive of any insurance. The Hirer is solely responsible for the safety and well-being of any models or personnel that the Hirer engages and invites and any Equipment or own equipment and property which the Hirer brings into the Studio, and shall be responsible for taking out appropriate insurance covering, amongst others, physical injury, death and property damage.
30. If the Hirer shall commit an act of bankruptcy or have a receiving order made against him or shall make any arrangement with his creditors or if distress shall be levied or threatened upon any of the Hirer’s property or any Judgment against the Hirer shall remain unsatisfied for more than 14 days, this Agreement shall be terminated with immediate effect and the Hirer shall forthwith cease use and possession of the Equipment and Studio (as the case may be) and shall forthwith return the Equipment to the Owner.
31. In the event of loss or damage to the Studio (or any property therein) or any Equipment hired, the Owner shall, upon vacation from the Studio and/or return of the Equipment, as the case may be, serve on the Hirer at the Hirer’s address within 14 days from the date of vacation / return a written notice setting out the particulars of the loss and/or damage and the estimate costs and expenses for repair and/or replacement, and shall be entitled to deduct from the deposit paid such an amount as necessary to repair and/or restore the Equipment to the condition before it was hired to the Hirer.
32. Nothing in Clause 17 or 18 above prejudices any rights or remedies which the Owner may have against the Hirer under statute or operation of law in relation to the right to claim damages or otherwise. The Hirer specifically acknowledges that the failure to promptly notify the Owner of any malfunctioning of Equipment, or any loss or damage caused by the Hirer to the Equipment or Studio, may cause the Owner to suffer damages, losses and/or liabilities arising from breach (of all possible nature) of its contractual duties owed to a third party for the subsequent hire of the same Equipment and/or Studio, and that the Hirer acknowledges and agrees that the indemnity given by the Hirer pursuant to Clause 24 above shall cover the type of damages, losses and liabilities referred to in this Clause 32.
33. Any extension of the hire period is subject to, apart from payment of further fees at the Owner’s prevailing rate, the sole and absolute discretion of the Owner. Extension of hire period will be possible only if no other prior bookings have been arranged. These Terms and Conditions shall apply to any extended hire period.
34. No relaxation, forbearance or delay by the Owner in enforcing any of the terms and conditions of this Agreement shall prejudice, affect or restrict the rights and powers of the Owner hereunder nor shall any wavier by the Owner of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.
35. These terms and conditions constitute the entire agreement between Owner and the Hirer in connection with the Agreement, and they shall supersede all other written or oral agreements and representations and any provisions in any documents which were previously sent or provided by Owner to Hirer, or vice versa.
36. These terms and conditions shall not be altered, amended or otherwise changed without the express written consent of both the Hirer and the Owner.
37. If any term or condition herein becomes or is declared or held to be illegal, invalid or otherwise unenforceable under the applicable law, such term or condition shall be severed from these terms and conditions and the remaining part shall be enforced to the fullest possible extent.
38. The interpretation, performance and enforcement of the Agreement and these Terms and Conditions shall be in accordance with the laws of the HKSAR. Any and all disputes arising out of or related to the Agreement or these Terms and Conditions shall be adjudicated by the Courts of the HKSAR, to which jurisdiction the Hirer and the Owner irrevocably submit to.
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