Podcast Studio Hire
Terms + Conditions.

The following Terms and Conditions have been tailored to protect both the client and the clients during their working relationship. The services requested by the Clients are subject to these terms and conditions and no variation or modification of the terms and conditions shall be effective unless agreed by Night Owl Studio and the Clients in writing.

1.0 Definitions
1.1 “Event” means the event which is subject of the Venue Hire Agreement;
1.2 “Client” means the legal person primarily responsible for the submission to Night Owl Studio of the Venue Hire Agreement;
1.3 “Venue Hire Agreement” means the form submitted to Night Owl Studio in a layout required by Night Owl Studio containing details, dates and times of the proposed activities at the venue for which Night Owl Studio’s permission is sought and to what Night Owl Studio has agreed to;
1.4 “Fee” means a fee to be agreed in writing between Night Owl Studio and the client and to be paid with any applicable GST by the client to Night Owl Studio as consideration for the permission to hold the Event at the Venue and for any ancillary services to be provided by Night Owl Studio;
1.5 “Guests” means all persons attending the Event at the Venue, whether or not with the express permission of the client, including any employees, sub-contractors and/or agents of the client;
1.6 “Venue” means the property and/or areas identified by Night Owl Studio to the client within the Venue Hire Agreement for the purposes of the Event;
1.7 “Venue Hire Fee” means all fee and charges to the client in relation to the Event.

2.0. Bookings & Payments
2.1 All bookings must be made via our online system, via email, phone or messages 
2.2 Full payment must be received prior to the booking.
2.3 Payments are accepted via card, bank transfer and cash
2.4 The venue is hired for the duration specified in the order confirmation. Any extension of the period must be agreed to by the client and venue and may incur additional fees.

3.0. Cancellations
3.1 All payments to Night Owl Studio in respect of a Podcast Studio recording are non-refundable and will be transferred to a cancellation fee in the Event of a full or partial cancellation or postponement.
3.2 The client may cancel a booking at any time, however in the event of a cancellation, the client acknowledges and accepts that the venue will not refund the booking fee.
3.3 If there is a postponement or change to the event date, the venue will do its utmost to accommodate these changes, but can make no guarantees that the venue will be available on the newly scheduled date. Where the venue is able to accommodate these changes, additional fees may be payable. In the event that the venue cannot accommodate these changes, the booking will be treated as a cancellation and as such, the cancellation fees outlined in Clause 3.2 may be applied.
3.4 If the client cancels the order, the client may not sell or pass on their booking fee to another client on the venue's behalf
3.5 If a confirmed booking is postponed, transfer of the booking fee against cancellation fees may be agreed upon at the sole discretion of Night Owl Studio
3.6 Night Owl Studio properly and reasonably reserves the right to cancel or terminate wholly or in part any booking at any time for any reason, including but not limited to the following:
3.6.1 If the client becomes bankrupt or insolvent or enters into liquidation or receivership.
3.6.2 If the booking might, in Night Owl Studio’s reasonable opinion, prejudice the reputation of the venue Night Owl Studio.
3.6.3 If the behaviour of the client or guests (whether as individuals or as a group) is deemed by the venue to be unacceptable. Partial termination could result in a number of guests being asked to leave the venue.
3.6.4 If the activity of the client or guests (whether as individuals or as a group) breaches Fire/Health and Safety or any legislation in any way or seems unsafe for staff, performers or the public.
3.6.5 Any such amendment/cancellation/termination shall be without prejudice or any right of action of the venue or Night Owl Studio in respect of non-payment or any breach of the terms and conditions.
3.7 Force majeure: If, due to an event beyond its control, Night Owl Studio is (in its opinion) unable wholly or substantially to perform its obligations to a client the venue will promptly notify the client accordingly and will refund any booking fee or other prepayment to it in respect of the booking, to the client.
3.8 No-shows are non-refundable.

4.0 Studio Use
4.1 The Studio is to be used solely for podcast recording and related activities unless otherwise agreed.
4.2 Clients must not use the Studio for illegal, unsafe, or offensive activities.
4.3 All guests must comply with Studio rules.
4.4 Clients are responsible for any damage caused to the Studio, its equipment, or property during the booking.
4.5 The venue must be left in the same condition as it was found. Additional cleaning fees may apply if not adhered to.
4.6 Night Owl Studio is not liable for any loss, damage, or injury sustained by guests or property during the podcast recording

5.0 Equipment & Technical Use
5.1 Studio equipment is provided as-is. Clients must handle all equipment with care.
5.2 Any equipment malfunction must be reported immediately.
5.3 Night Owl Studio is not responsible for content loss due to technical failure, misuse, or user error.
5.4 Clients may bring their own equipment only with prior approval.

6.0 Content & Intellectual Property
6.1 Clients retain ownership of their recordings.
6.2 Night Owl Studio will use photos and/or video of the venue set up at the event for its own promotional, publicity and marketing purposes (including but not limited to posts across Instagram, Pinterest, TikTok, Reddit, Google and Facebook). Such photos and/or videos will include those taken by Night Owl Studio, as well as those already in the public sphere taken by third parties such as the photographer, content creator and videographer at the event. 
6.3 Night Owl Studio may ask the client for their feedback (such as a testimonial) (‘Feedback’) in relation to its delivery of the services. If the client is happy to share details of their experience, Night Owl Studio will use this Feedback for future business development, as well as for its own promotional, publicity and marketing purposes. 

7.0. Health & Safety
7.1 Clients must comply with all health, safety, and fire regulations while on premises
7.2 Smoking, vaping, or open flames are strictly prohibited inside the Studio.
7.3 Food and drink are permitted only where specified; any spills or damage caused are the responsibility of the Client.

8.0 Indemnification
8.1 To the fullest extent permitted by law, Night Owl Studio. shall not be liable for: Any damage to the property of the Client and their guests. Any inconvenience or loss caused to any party of the Client or their Guests. The Venue does not exclude or limit its liability for death or personal injury caused due to its negligence. 
8.1.2 Night Owl Studio's public liability does not cover anything external to our services. The client needs to ensure that they are suitably indemnified and insured and all external suppliers are suitably insured and indemnified. 
8.2 If insurance is deemed necessary, the Client will provide Night Owl Studio on request with full details of any insurance obtained. 
8.3 The Client and their Guests are responsible for willful or negligent loss and damage to Venue furniture and equipment. Any costs of making good any damage will be charged to the Client. 
8.4 Any costs incurred by Night Owl Studio due to failure by the Client to adhere to the Terms and Conditions of the Venue Hire or the Venue Hire Agreement, including but not limited to: overrunning of the event and the requirement for extra staff. 
8.5 All furniture and equipment have been inventoried and may not be transferred to any other area other than the area hired under the Booking. 
8.6 Rules, regulations, technical advice or other requests reasonably made during the running of an event by the Duty Manager of Venue staff should be adhered to.
8.7 The hirer agrees to indemnify and hold Night Owl Studio harmless from any claims, liabilities, damages, or expenses arising from the event.

9. Miscellaneous
9.1 These terms and conditions are governed by the Laws of Western Australia, and the client and the venue submit to the jurisdiction of the courts of the state.
9.2 Storage Room. The venue has a storage room where all the venue furniture and equipment is held; this is a STAFF ONLY area and the client is not to enter the storage room and get extra furniture or remove any items from this room. All furniture and equipment not in the main space when the client arrives (which has been arranged prior) is not to be taken from the storage room and used for events (unless authorised prior)
9.3 These Terms & Conditions may be updated periodically. The version at the time of booking applies.

I have read and understood the Night Owl Studio’s terms and conditions of hiring for Podcast Studio. I accept these terms and conditions and have approved the hire and session date.