Terms and Conditions
#1 Rental period, Options
- the regular rental period
10 hours between 9.00 a.m. and 7.00 p.m. (other times only by arrangement). The change of the rental period is possible with the written consent of the location provider. the parties undertake to add a written supplementary or amendment agreement to this contract in the event of the approval of the location provider.
- the parties agree on the scope of use defined in the offer any deviation from the services defined in the offer entitles ikonic studios Gmbh to subsequently adjust the offer and the invoice.
- an appointment option can be reserved for a maximum of 10 days. Two weeks before the booking date (or less), an appointment option can only be reserved for a maximum of 2 days. a period of 24 hours applies to the first option if a customer with a second option is willing to confirm the booking.
- for a special opening on Sunday, a surcharge of 20% will be added to the rental price.
- all earlier arrivals or later departures, as well as deliveries and collections, must be discussed with the studio team in advance.
#2 Rent, Overtime, Additional costs
- The location user undertakes to pay the location provider a discount specified in the offer plus the respective statutory sales tax for the provision of use according to # 1 above.
- In the event that the location user exceeds the rental period set out in § 1 (3), he/she undertakes to pay the location provider an amount of 10% of the total rent per hour or part thereof in addition to the offer price.
- the use of permanent light (tungsten and HMI) is charged at an additional € 0.40 per kW / hour. insofar as the landlord concludes contracts with third parties on behalf of the tenant, e.g. for equipment, catering, or the like, these costs are to be paid in advance by the tenant in cash or cashless to the landlord.
- if the parties also agree on special services, these are to be remunerated as listed in the offer
#3 Invoicing, Payment
- The location owner undertakes to pay an amount of 80% of the rent in accordance with Section 2, item 1 above, as well as the agreed special services in accordance with item 3 there, as an advance payment to Ikonic Studios GmbH. For new customers based in Germany and customers based abroad, a 100% down payment is also required plus a copy of the ID or business registration. After the contract has been signed by both parties, the location provider is entitled to issue an advance invoice corresponding to the amount of the advance payment.
- The payments from the invoices of the location provider are due within 10 banking days after receipt of the invoice. The timeliness of the payment depends on the credit, not on the sending of the money. Once the aforementioned payment period has expired, the location owner is in default. Dunning fees including charges for telephone and e-mail communication are € 15 plus tax per reminder. Further costs of the dunning procedure will be charged separately. In the event of a delay in payment, from 10 days after the invoice date (Section 286 (2) sentence 2 BGB), interest on arrears of 8.12% since 01.01.2020 for each additional day up to the complete performance (Section 288 (2) BGB).
#4 Use, transfer of use, house rules
- The location owner may only use the Ikonic Studios for the purpose specified in the contract. A change in the use requires the written consent of the location provider. The location owner is not entitled to sublease or allow any other use to third parties.
- The house rules are considered accepted with the acceptance of the offer
- For the organization and storage of equipment and deliveries, a service fee is charged depending on the effort. The landlord is entitled to calculate the rent or parts thereof in advance according to a separate agreement.
- Offsetting against previous or future claims is excluded unless these are undisputed or have been legally established. The contractually agreed rental price is to be paid in full regardless of whether the premises or equipment were actually used by the tenant to the agreed extent.
- Equipment, catering, drinks, and other services such as set construction, painting, or assistance are not included in the studio rent and will be charged separately. The studio reserves the right to charge services provided by third parties with a 20% handling surcharge.
- A written booking confirmation by e-mail, which is issued by the studio on the basis of a booking request, is binding for both contracting parties. The contract is also concluded if the parties have not negotiated the studio price when making the booking request. In this case, the tenant expresses that he is willing to pay the rental price customary for the studio.
# 5 Termination, Right of withdrawal
- The fixed rental period according to #1 clause 1. of this contract does not affect the right of the parties to extraordinary termination for good cause.
- The Location Provider shall be entitled to extraordinary termination of the Agreement without observance of a notice period with immediate effect in particular if
- a) the Location Recipient, despite proper invoicing and reminder after the expiry of the payment period, fails to make the advance payment in accordance with #3 Item 1. of this contract within seven bank working days;
- b) a significant deterioration in the economic circumstances of the Location Recipient occurs after the conclusion of the contract. Such deterioration shall be presumed if seizures or other enforcement measures are taken which jeopardize the claims of the Location Provider.
- The Location Provider shall grant the Location Recipient the right to withdraw from this contract under the condition that the Location Recipient pays the respective amount to the Location Provider according to the following scale.
- Cancellation costs for photo/video productions / workshops
The tenant can withdraw from the contract free of charge up to 30 days before the agreed start of the rental period. From 25 days to exactly 15 days before the start of the rental period, cancellation fees of 70% of the agreed total rent apply. Less than 15 days prior to rental 100% is due. Insofar as another rental is possible, the cancellation costs are waived according to the amount of rent received elsewhere. If the tenant has already paid a deposit to confirm the booking, this will not be refunded if the booking is canceled.
- Cancellation costs Event / Livestream
With a confirmed offer, 50% of the offered amount is due. Cancellation costs of 70% of the agreed rent are payable if the cancellation is made less than 60 days before the start of the rental period. The full amount is payable 30 days prior to the rental date. If the tenant has already paid a deposit to confirm the booking, this will not be refunded if the booking is canceled. External services already booked by Ikonic Studio, such as catering and technology, etc., must be paid in full upon acceptance of the offer if they cannot be canceled or have already been paid for.
- During the Corona Pandemic, the cancellation policy remains unchanged, even if the shootings are postponed due to a Corona event.
- The renter is responsible for finding a replacement for the person on their team who is unable to work on production day.
- If the government and the Chamber of Commerce and Industry take restrictive measures and no longer allow photo shoots or shoots, we offer the possibility to hold the production at a later date by arrangement.
#6 Regulatory approvals
It shall be incumbent upon the Location Recipient to obtain any official permits that may be required for the purpose of the rental; the Location Recipient shall fulfill all requirements in this regard at its own expense, even if special requirements are imposed on the rental premises by the authorities. In this respect, the location giver shall be indemnified by the location taker. Within the scope of its duty to ensure use, the location provider is only responsible for ensuring that the use of the leased property as a commercial space is permissible under building law.
#7 Liability of the parties
- The Location Recipient shall treat the Leased Property and the facilities and equipment therein with care. The Location Recipient shall be liable to pay compensation for damage to the Leased Property and/or the building as well as the facilities belonging to the Leased Property and/or the building, insofar as they have been caused by him or a person belonging to his business. This shall also apply to damage caused by customers, visitors, and suppliers of the Location Recipient as well as craftsmen, insofar as they are vicarious agents or assistants of the Location Recipient.
- The Location User shall indemnify the Location Provider against all claims asserted against the Location Provider by third parties arising from a breach of the house rules and/or damage in accordance with the above clause.
#8 Special agreements, notices
- Condition of the rental object, materials, inventory
a) The Location Recipient undertakes to take great care of the entire Studio and all Studio inventory, particularly when renting Ikonic Props, most of which consists of art and design pieces. Any damage is to be reported immediately and the damage is to be paid by the Location Recipient within 10 days regardless of the inspection by an insurance company, to procure a replacement of equal value, or to have it professionally repaired by a company of our choice as far as possible.
b) The Location Recipient undertakes not to push or pull objects across the floor, but to transport them exclusively in a floating manner.
c) It is prohibited to tape the floor, walls, and objects with so-called gaffa tape or similar resistant adhesive tape.
d) Only so-called Washi-Tape is permitted for affixing posters or similar to the walls.
e) Inventory and accessories may only be used as props after prior consultation.
- Photography and/or filming
a) Photo and/or film recordings are only permitted inside the rental object. The installation of film and/or flashlights outside the rental object is prohibited.
b) The Location Provider grants the Location User the non-exclusive right, unlimited in time, space, and content, to use and exploit photographs and/or film recordings of the rental object comprehensively, in particular with the aim of commercial marketing. The granting of rights expressly includes all known and unknown forms of publication, in particular on the Internet.
- Duty of care
During the rental period, the Location Recipient shall be responsible for traffic safety and shall indemnify the Location Provider against any claims by third parties arising from a breach of the traffic safety obligation during the rental period.
- The Location Provider has informed the Location Recipient that the Location does not have any increased burglary protection and that no liability is assumed for items stored there – for example overnight. The Location Provider does not have insurance to cover such risks.
- The internet connection of Ikonic Studios is included in the rent.
- Should a copyright infringement occur via the Internet connection, e.g. protected works are downloaded by team members, this is illegal as illegal public access according to § 19a UrhG. Any damage incurred (claim for damages according to § 97 para. 2 UrhG) shall be borne by the respective location user.
- The location taker is prohibited from producing insulting, defamatory, anti-constitutional, racist, sexist, homophobic, violence-glorifying, or pornographic content in the rooms provided to him/her.
- Delivery / Parking of vehicles
Unfortunately, access to the courtyard is not permitted and thus parking in the courtyard is excluded. Vehicles may stop in front of the gate for loading and unloading. Parking is available in the surrounding neighborhood.
#9 Place of jurisdiction
- The law of the Federal Republic of Germany applies to the contractual relationships between Ikonic Studios GmbH and the customer.
- The place of jurisdiction for all disputes arising from the contractual relationship between the customer and Ikonic studios GmbH is the place of fulfillment and thus Berlin.
#10 Written form, Final Provisions
- Amendments and supplements to this contract must be made in writing to be effective. This shall also apply if the written form is to be waived.
- Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid and unenforceable provision, such a provision shall be deemed to have been agreed which, as far as legally possible, comes as close as possible to what was intended by the parties according to the original meaning and purpose of the invalid or unenforceable provision. The same applies to a loophole in this contract.