Terms of service

Article 1

1. Dia Studios, established in Johannesburg, enterprise no 2023/608644/07, is referred to as landlord in these general terms and conditions.
2. The other party is referred to as a tenant in these general terms and conditions.
3. The agreement refers to the agreement of the assignment under which the landlord makes a space available to the tenant for a fee and to which the general terms and conditions have been declared applicable.

Article 2

1. These terms and conditions apply to all offers, activity agreements and provision of services by or on behalf of the landlord to which it has declared these conditions applicable, insofar as these terms and conditions have not been expressly and in writing deviated.
2. The conditions also apply to actions of the third parties engaged by the landlord in the context of the assignment.
3. The latest version of these general terms and conditions made available always applies.
4. The applicability of the tenant's general terms and conditions is expressly rejected
5. If one or more provisions in these general terms and conditions are void in whole or in part at any time or should be destroyed, the remaining provisions of these general terms and conditions shall apply in full.

Article 3 | OFFER AND QUOTE

1. If no acceptance period is set in the offer, the offer will expire after 30 calendar days.
2. Landlord cannot be held to its offer if the tenant could reasonably understand that the quotation, or any part thereof, contains a manifest error or misreadance.
3. An offer does not automatically apply to follow-up assignments.
4. A booking is only valid if it is placed through the designated systems.
5. Images of the location are such a truthful reflection of the accommodation. However, no rights can be borrowed from these images. Landlord is entitled to adjust the establishment if it deems it necessary.
6. Unless otherwise stated in writing the Company's quotation will be valid for a period of up to fourteen (14) days from date of issue, after which the Client agrees to and accepts these Terms and Conditions of Hire. 
7. The amount quoted is for one use of the venue only for the hire period. The Client agrees that all charges for hire extension, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charges will be borne by the Client.
8. Once a deposit is made the booking can be adjusted up to +/- 10% up until 7 days prior to the event, excluding custom builds and/or subcontracted equipment which are charged at 100%. An administration fee of up to 20% of the value of the items removed may be charged. 
9. Extension of the allocated time is only on 2 hour increments at the cost of R1600 per 2 hours. Bookings can only be extended based on availability.

Article 4 | RATES AND PROVISIONS

1. The agreement is entered into for a fixed period of time, unless otherwise arises from the nature of the agreement or if the parties expressly and in writing agree otherwise.

2. With the placing of a booking, the obligation to pay arises. No option can be placed on a date. A date is only definitively reserved after full payment.

3. If more time is desired than previously agreed, the tenant should book additional hours. This is only possible if another reservation has not already been made for the extra desired time frame. Landlord can never guarantee

that the space can be used outside the initially reserved part of the day.

4. It is also possible to purchase credits for use of the studios. 

5. The rates agreed upon entering into the agreement are based on the price level used at that time. Landlord has the right to adjust the fees at any time, when changed circumstances require this. Adjusted rates will be communicated to the tenant as soon as possible.

6. If the tenant is in default or in default in the fulfilment of his obligations, all reasonable costs for obtaining satisfaction out of court will be borne by the tenant.

Article 5 | OBLIGATIONS OF THE TENANT

1. Tenant makes all information relevant to the execution of the assignment available to the landlord in a timely manner.

2. Tenant guarantees the accuracy, completeness and reliability of the data made available, even if it comes from third parties. Landlord will treat the data confidentially.

3. Tenant shall indemnify landlord for any damage resulting from failure to comply with the provisions of paragraph 1 of this article.

4. Guests may never be present in the landlord's premises without the guidance of the tenant and doors must be closed at all times when the space is left.

5. Tenant their guests are obliged to comply with the applicable house rules.

Article 6 | EXECUTION OF THE AGREEMENT

1. Landlord carries out assignment to the best of his ability and ability. Landlord is not liable for not achieving the result that tenant intended.

1. Unfortunately, Dia Studio building is not disability friendly yet. There is no, elevator or disability toilet available.
2. Both STUDIO 1 and 2 are located in Hyde Park, Johannesburg.
3. The tenant is responsible for receiving guests, including models, photographers and other persons who are used during the time slot. Landlord is not responsible for receiving tenants during the time slot, only at the beginning of the time slot.
4. Depending on the studio booked, only groups with a maximum size of 5 (studio 1) - 15 (Studio 2) persons are allowed. If you bring more than 5 people your session counts as a production and will be paid for as such. Production shoots are only available on half-day or full-day rates.
5. Landlord does not provide photographic equipment. Tenant is allowed to bring equipment themselves.
6. Access to the property will only be provided to the tenant. Tenant is prohibited from providing these access to third parties. Access will be prohibited immediately after the rented period in the agreed manner.
7. It is prohibited to use fire-hazardous objects or items that may lead to damage or contamination of the space.
   Smoking in the property is also not allowed.
8. Tenant is not allowed to use the space for pornographic expressions.
9. Pets are not allowed in the studio.
10. Tenant must take care of the space by cleaning and turn off heaters and lights after the rental period. If the space is not left clean, the landlord is entitled to pass on cleaning costs to the tenant.
11. Tenant is aware of the presence of neighbors and is not expected to cause (noise) nuisance. It is also not allowed to place objects in the hallway.
12. Tenant, whether or not the person who placed the booking, is responsible for transferring the house rules to all persons who will be present during the booked time slot.
13. If action is taken in violation of this article, or the house rules are violated, the landlord is entitled to charge a fine in the amount of the rental costs, unless the costs associated with the violation exceed this amount.

Article 7 | RESERVATION

1. The smallest reservation unit is a part of the day of 2 hours. If necessary, the largest time slot is 9 hours. The available time slots can be found in the online calendar, which will be up-to-date at all times.
2. Tenant takes into account the desired preparation and any output of a session when making the reservation.
   Additional costs are charged at run-out. The additional costs must be paid prior to the renewal.
3. Up-and dismantling, as well as restoring the space to its original state, must take place within the booked time slot. If there is a delay, this time will be passed on as additional costs.

Article 9| AMENDMENT, CANCELLATION AND OVERPOWER

1. Landlord has the right to refuse a booking.
2. In the event of force majeure, the landlord is entitled to interrupt, move or cancel the agreement. Force majeure is, among other things, if the execution of the agreement, whether temporary or not, is prevented by circumstances over which the landlord cannot reasonably influence, such as accidents or fire.
3. The tenant will not be able to cancel the agreement or be entitled to a refund of the invoice already made. Tenant can only reschedule up to 48hrs before the reserved time. 
   
4. The tenant can only be able to cancel the agreements  for the venue/event and the remote content creation service. They will be charged 40% of their fee for cancellation and are entitled to a refund of the remaining 60%
5. In the event of force majeure, parties may interrupt or move the agreement. Force majeure is, among other things, if the execution of the agreement, whether temporary or not, is prevented by circumstances over which parties cannot reasonably exercise any influence. Accidents, fire, a pandemic or government measures can be thought of.
6. If the tenant wants to move the agreement due to a pandemic, but do not make the government measures to continue the agreement, whether in an adapted form or not, impossible, the landlord is entitled to charge the costs associated with the move.
7. For movements that do not result from a force majeure situation, they can take place once free of charge, provided that this is made known by telephone up to 72 hours prior to the original shoot and a new date and time is agreed immediately. The new reservation must be made within 90 calendar days of the original date.

 

Article 10 | LIABILITY DAMAGE

1. Landlord shall not be liable for any damage resulting from this Agreement, unless the damage was caused intentionally or with gross negligence.
2. Access to the property is in principle at the tenant's own risk. If the use of furniture or decoration involves an additional risk, this will be indicated with stickers. Tenant is required to handle this carefully and takes the of it himself if these rules are not complied with.
3. Landlord is not liable for damage caused by the fact that it has been based on incorrect or incomplete data provided by or on behalf of the tenant.
4. Landlord is not responsible for acts and actions, including delays, caused by suppliers.
5. Landlord is not responsible for damage, loss or theft of personal property within the property. If tenant leaves things at night, tenant bears the responsibility for this himself. Landlord bears no responsibility for found objects. These items will be kept by landlord for a maximum of 1 month. Tenant is responsible for picking up these items.
6. Landlord cannot be held responsible for the non-functioning of equipment or network connections.
7. Tenant is responsible for exceeding the agreed time frame.
8. Tenant is fully responsible for the behavior of the guests he brought in.
9. Tenant is required to have valid third-party insurance.
10. Moving furniture, items and decorative walls takes place at all times at your own risk.
11. If the tenant causes damage to material, he is obliged to reimburse the valuation value. Damage to the floor can also be passed on to the tenant. In such a case, the Landlord is also entitled to charge for lost income.
12. In the event that the landlord owes compensation to the tenant for causing direct damage, the damage does not exceed the amount paid by the liability insurance, or when the amount charged to the tenant by the landlord does not benefit, unless reason and fairness requires otherwise.
13. Tenant indemnifies landlord against all claims of third parties related to the services provided by the Landlord.

Article 11 | INTELLECTUAL PROPERTY

1. The intellectual property rights to the materials and information made available to the tenant by the landlord rest with the landlord. It is expressly not permitted to the tenant to reproduce, disclose or make available to third parties the material and documentation and information provided without prior consent.
2. By entering into the agreement, tenant authorizes the landlord to use image material and brand names for portfolio, own website, advertisements, social media, magazine articles, printed matter, stock exchange material and demonstration material, unless an explicit objection is made in advance. If personal data is visible on this material, a consent form will be used.
3. Landlord can also ask the photographer present in the studio to share images made in the studio on his website, social media channels and other promotional material. This will only take place with the explicit consent of the parties involved.
4. In the event of a breach of the license agreement, or any other infringement of the landlord's copyright, this infringement will be taken on the basis of a summation letter requiring the license fee at least three times.
5. For purchases from the webshop, access to digital files is provided immediately after purchase. These products are therefore excluded from the right of withdrawal. Tenant agrees that digital purchases cannot be undone free of charge.

Article 12 | SPECIAL PROVISIONS

1. Both parties are required to maintain the confidentiality of all confidential information they have obtained in the context of their agreement. Tenant is referred to the privacy statement for more information.
2. Landlord is required to exclude tenants or guests who do not comply with the house rules or cause nuisance from the property.
3. For events held at the property the landlord may: request a fully refundable deposit payable before accessing our property. The tenant must pay the fully refundable property damage deposit to us before they use the venue. Should the damage exceed the value of the deposit, client is obligated to pay the difference. The tenant must also pay a 40% deposit immediately upon confirmation to authorize Dia Studio to proceed with the official order. Full payment of the order is due fourteen (14) days prior to the event. Upon payment of the deposit the tenant will have been deemed to have accepted the Terms and Conditions of Venue Hire. The 40% is non-refundable and non-transferable. If the tenant is enquiring and booking on behalf of another person, they accept full liability on behalf of the third party and all associated charges. The company has the right to cancel a booking if full payment is not received within 72hr from the event.

Article 13 | COMPLAINTS

1. Tenant is obliged to make complaints about invoices and/or the services provided known in writing to the landlord within 7 calendar days of the occurrence of the complaint.
2. Filing a complaint does not suspend the payment obligation.

Article 14 | DISPUTE RESOLUTION

1. These general terms and conditions are governed by the South African law and in respect of the POPIA 2013
2. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual agreement.
3. All disputes will be settled by the competent court in the district in which the landlord is established, unless a statutory obligation provides otherwise.
4. By way of derogation from the statutory limitation periods, the limitation period of all claims and defences against the landlord and the third parties involved is 12 months.