These Terms and Conditions (the “Terms”) apply to use of the website www.soundboxstudios.com (the “Site”) and for the provision of Services from us (“Soundbox Studios”, “we”, “us”, “our”) via the Site. We offer creative studios for use for band rehearsal and DJ rehearsals.
These Terms set out how to book a studio with Soundbox and use our services, and describe any associated rights and responsibilities. Any instructions, guidance and similar information found on other parts of the Site also apply to how you use the Site and Services and form part of these Terms, including but not limited to Schedules A (relating to Fines), B (relating to our DJ Studios and use of any Soundbox Studios for Tuition), C (relating to Recordings at Soundbox Studios) and D (the House Rules).
Please read these Terms including all the Schedules before registering an account and purchasing any Services offered by us. By purchasing Services from us, you are confirming that you have read the Terms and agree to be bound by them. These Terms form a legal agreement between you and Soundbox Studios.
ABOUT THE SITE, THE TERMS, THE SERVICES
- 1.1 These Terms contain some capitalised words which have been given specific meanings. Some of these defined Terms are listed below:
- 1.1.1 “Consumer” means you are an individual and you are buying Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession);
- 1.1.2 “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
- 1.1.3 “Soundbox Studio” or “Soundbox” means a studio operated by Soundbox Studios;
- 1.1.4 “Order” means an order made for a Reservation via the Site;
- 1.1.5 “Reservation” means the reservation by you of a Soundbox Studio;
- 1.1.6 “Services” means Soundbox Studio hire;
- 1.1.7 “User Content” means any content provided by you which is uploaded; posted or otherwise provided to the Site or contributed or recorded in the Soundbox Studios.
REGISTRATION, ACCOUNT AND PASSWORD
- 2.1 You will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address to register for an account on the Site (“Account”). You may only use your Account for your own benefit.
- 2.2 By using the Site you confirm that you are not acting for the benefit of any other person.
- 2.3 The Username and Password will be allocated to you. You may need your Username and Password to access some parts of the Site. Your Username and Password are personal to you and must not be disclosed to any other person.
- 2.4 You must ensure that all information about you that is held by us is true, complete, not misleading and up to date. This includes using your given name or, where agreed expressly by Soundbox Studios, a stage or professional name that you are known by for the purposes of fulfilling work or entertainment.
- 2.5 You can amend your registration details at any time through the Site.
- 2.6 We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Site under your Account or any other use of your Username and Password.
- 2.7 You may only hold one Account. If you forget your Username or Password, you can use the password recovery option or contact us and we will provide a replacement password. Holding more than one Account is strictly prohibited.
- 2.8 Do not share your Password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use of your Password or Account by any other person. If you think any other person knows your Password, or that your Account has been used by any other person, you must inform us immediately.
- 2.9 If you do not log into your Account for 12 months, we may terminate the Account.
RESTRICTIONS AND OBLIGATIONS
- 3.1 You agree to comply with all applicable laws and regulations, and all rules applicable to the use of the Site and the Services.
- 3.2 You agree not to:
- 3.2.1 impersonate any other person or entity;
- 3.2.2 falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
- 3.2.3 falsely describe your affiliation with another person or entity;
- 3.2.4 use or attempt to use another’s Account;
- 3.2.5 solicit personal information (including passwords and banking information) from another person.
- 3.3 You acknowledge, agree and undertake:
- 3.3.1 that you are responsible for the safety and behaviour of all individuals who accompany you to the premises of a Soundbox Studio as part of a Reservation and you shall not permit unknown members of the public to access the premises, including the Soundbox Studio you have booked as part of a Reservation;
- 3.3.2 you and all individuals who accompany you to the premises of a Soundbox Studio shall follow all our rules/guidance in respect of COVID-19 and shall not attend any Soundbox Studio if you or they are displaying any COVID-19 symptoms and you shall inform Soundbox immediately if you or they display any symptoms in the 14 days following the use of a Soundbox Studio;
- 3.3.3 you shall follow all Government guidance / laws applicable at the time of your Reservation and only attend Soundbox Studios in numbers lower than any limit for numbers of people meeting together indoors as set out in the Government guidance / laws applicable at the time of your Reservation;
- 3.3.4 not to damage any equipment or other property made available at or by a Soundbox Studio, and that you shall compensate Soundbox for any such damage without limitation of cost. This includes, but is not limited to, equipment in communal corridors, spare cupboards, kitchens, toilets or in external communal areas such as car parks, and car park entry/exit gate systems;
- 3.3.5 not to conduct, plan or execute any parties or gatherings in any Soundbox Studio including for the avoidance of doubt allowing over four (4) additional people in the room that are not connected to the use of the equipment, such as playing of musical instruments;
- 3.3.6 not to tamper, damage or cover up any CCTV equipment in any Soundbox Studio and you shall compensate Soundbox for any such damage without limitation of cost. This includes and is not limited to CCTV equipment in communal corridors, communal areas or in external communal areas such as car parks and studio entrances;
- 3.3.7 not to tamper, damage or cover up any fire alarms or fire safety equipment in any Soundbox Studio, and to compensate Soundbox for any such damage. This includes and is not limited to fire alarms and fire safety equipment in communal corridors, communal areas, kitchens or toilets;
- 3.3.8 to clear all of your own equipment, any rubbish or other materials brought by you into a Soundbox Studio in bins provided before leaving Soundbox Studio premises, to strictly refrain from smoking or vaping in Soundbox Studio premises, and to reimburse us for reasonable cleaning costs which arise from your use of the premises;
- 3.3.9 to ensure that you and all such persons in attendance with you are aware of all applicable fire evacuation procedures and all fire and other safety rules available on the Site and provided on the premises by Soundbox;
- 3.3.10 to ensure that you and all such persons accompanying you shall keep confidential any entry codes provided to enable you to access the premises of a Soundbox Studio, and to let us know immediately if such entry codes are disclosed to any other person;
- 3.3.11 to vacate the premises of a Soundbox Studio by the end of the time allotted to you as part of a Reservation, failing which we may charge you for any additional time at the standard rates prevailing from time to time;
- 3.3.12 to immediately report to us any damaged or missing equipment found by you on the premises of a Soundbox Studio either through the Site, by email or by telephone, failing which, you may be charged for such loss or damage;
- 3.3.13 that you are responsible for any equipment you bring onto Soundbox Studio premises, that you do so and/or use any available lockers/storage/bike storage facilities at your own risk, and that we shall not have any responsibility for damage, theft or loss of your equipment;
- 3.3.14 on bringing into a Soundbox Studio any equipment, you agree that it is compliant with all safety standards and does not pose a risk to the operation and welfare of the equipment, lighting, power or other amenities provided by Soundbox, as part of your Reservation;
- 3.3.15 not to bring any dangerous or unlawful equipment, substances or materials onto Soundbox Studio premises which includes but are not limited to illegal drugs, nitrous oxide, knives, guns or weapons of any kind or smoke machines;
- 3.3.16 to report any suspicious behaviour or mistreatment of a Soundbox Studio to us immediately;
- 3.3.17 to adhere to all vehicle parking regulations and notices displayed, whether provided by the local authority or Soundbox and that you use any vehicle parking facilities at your own risk and any property (including cars, bikes, motorcycles) is left there entirely at your own risk and Soundbox cannot be held responsible for any damage, theft of or theft from, any vehicles including cars, vans, motorcycles, pedal bicycles, scooters or any similar mode of transport;
- 3.3.18 to pay us the specific fines detailed in Schedule A where applicable;
- 3.3.19 to inspect any Soundbox Studio before your Reservation starts and notify us of any damage immediately otherwise you accept the Soundbox Studio ‘as is’;
- 3.3.20 to notify us of any damage which is incurred during your Reservation within 1 hour of the end of your Reservation;
- 3.3.21 not to breach any of the terms contained at Schedules B, C and D.
- 3.4 The Terms contain an indemnity (an obligation to compensate us) at clause 11 which requires you to compensate us for any loss, damage, liability, expenses and costs (including reasonable legal fees) which we or any third party incur as a result of your breaching the terms of this clause 3 and these Terms generally.
- 4.1 You may only make a Reservation:
- 4.1.1 if you are 16 or over;
- 4.1.2 you have set up an Account; and
- 4.1.3 if it is lawful for you to do so.
- 4.2 To make a Reservation, we may require you to provide us with identification or other documentation in order to help us prevent fraud or money laundering taking place. This may include photographic identification and recent proof of address. We may also undertake our own identity, fraud and credit checks including with the assistance of third party providers.
- 4.3 We may make alterations to these Terms or to the Site from time to time. If you are not happy with any alteration, you must stop using the Services and Site. If you keep using the Services, this will indicate your acceptance of these Terms as altered. We may notify key changes to you but you should review these Terms from time to time to ensure you are aware of any changes.
- 4.4 If you are under 18 years old you will need the permission of your parent/guardian to enter into these Terms, set up an Account and make a Reservation. Any Reservations for anyone under 18 must be attended by that individual’s parent or legal guardian.
- 4.5 The details of the Soundbox Studios available will be clearly shown on the Site. We reserve the right to modify amend, terminate or otherwise our offered options and plans at any time at our sole discretion.
- 4.6 Reservations can be made via the Site only. It is your sole responsibility to ensure you have booked the correct Soundbox Studio and submitted payment correctly.
- 4.7 Payments can be made online through the Site by credit or debit card. Payments can only be made by the named cardholder or with permission from the named cardholder.
- 4.8 When you place an Order the Site will indicate an amount which you authorise us to charge to your debit or credit card. You further authorise us to take payment of this pre-authorised amount or part thereof to reimburse us in respect of any loss, damage, liability, expenses or costs incurred as a result of your breaching clause 3. Provided that you have complied with these Terms, we shall remove any such pre-authorisation in respect of a Reservation within one week of the date of that Reservation.
- 4.9 Payments can be made for a Reservation with a credit from a Gift Card or credit from cancelled Reservations. Gift Cards expire 12 months from the date of purchase. Credit from cancelled Reservations expires 12 months from the date of the original Reservation booking.
- 4.10 Please be aware where you book a Soundbox Studio in a territory that you are not domiciled in that the local laws in the territory in which the Soundbox Studio is based will apply. You herby confirm that you will read and agree to the terms applicable for that territory. Notwithstanding the foregoing, a person acting as a Consumer hereunder shall still be entitled to rely on the mandatory consumer law provisions where they are domiciled.
- 5.1 Our acceptance of your Reservation will take place when you have paid and have received confirmation of your Order by email. You shall pay the full fee as indicated on making a Reservation.
- 5.2 Please note we may reject a Reservation if we are unable to process it, which could be due to an error on the Site or technical problems, in which case we will inform you, and not charge you and will refund you if your payment has already been made.
CANCELLING YOUR RESERVATION, REFUNDS, LATE CANCELLATIONS
- 6.1 You may reschedule or cancel your Reservation, 12 hours before the Reservation is due to start by using the Site. If you cancel the Reservation the value will be applied to your Account as credit.
- 6.2 If you reschedule or cancel less than 12 hours and more than 6 hours before the Reservation, the value of your booking can be reimbursed as promotional credit. If you arrive late for your Reservation, we cannot re-schedule or refund the Reservation.
- 6.3 In the event we reschedule or cancel your Reservation, we will contact you by email or telephone to inform you. We will offer you alternative Soundbox Studio time, or a refund of the Reservation fee except in the event a reservation is cancelled due to a breach of these Terms and Conditions or a breach of the House Rules detailed below in Schedule D.
- 7.1 The Site provides means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication provided by the Site. Notices that are applicable to all our customers shall be made available on the Site publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site. We will be deemed to have received a notice when we issue a confirmation to you. All emails (or other messages) we send are intended for the addressee only.
- 7.2 You accept that we have no control over any User Content as we do not moderate it. However, if you alert us to User Content that is unlawful we shall remove it from the Site.
- 7.3 Although we are not obliged to do so, we may remove or reject any User Content. You agree that we may process and store any User Content you submit to the Site.
- 7.4 You will not make available, post or transmit to the Site or record in a Soundbox Studio any statement, material or other content, in any way, that:
- 7.4.1 is unlawful or may give rise to civil or criminal liability;
- 7.4.2 infringes any copyright or other intellectual property right of any third party;
- 7.4.3 infringes any third party's rights of privacy or rights of publicity;
- 7.4.4 includes any computer virus or other malicious software;
- 7.4.5 is abusive, pornographic, defamatory, discriminatory or obscene;
- 7.4.6 harasses any other person (including Soundbox and their employees);
- 7.4.7 interferes with another user's use and enjoyment of the Site;
- 7.4.8 impersonates any moderator, administrator or any staff or any other person connected with Soundbox;
- 7.4.9 contains the confidential information of any other person;
- 7.4.10 solicits passwords or personal information;
- 7.4.11 contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor's legal guardian);
- 7.4.12 exploits any other person;
- 7.4.13 we consider inappropriate; or
- 7.4.14 encourages or provokes any other person to do any of the acts listed above.
INTELLECTUAL PROPERTY RIGHTS
- 8.1 All Intellectual Property Rights in or arising out of or in connection with any content provided by us as a part of the Services shall be owned by us.
- 8.2 We and/or our licensors own all Intellectual Property Rights in and to the Site and the Services. Except as expressly stated herein, we do not grant you any Intellectual Property Rights in respect of the Site or the Services.
- 8.3 You hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to, use, distribute, modify, copy, reproduce, and publicly perform the User Content. You can end this licence anytime by deleting your Account.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
- 9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
- 9.3 We are not liable for business losses. If you are a consumer we only supply the Services for domestic and private use. If you use the Services for any commercial, business purpose we will have no liability to you for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
- 10.1 This clause 10 applies where you are using our Services or Site as a business, not as a Consumer. For example, where you are tutoring or running dance classes.
- 10.2 We provide Services on an “as is” and “as available” basis and we are liable only to provide our Services with reasonable skill and care.
- 10.3 We give no other warranty in connection with the Site and Services and we disclaim all liability for:
- 10.3.1 the accuracy, currency or validity of information and material contained within;
- 10.3.2 any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
- 10.3.3 any interruptions to or error of the Site or any part of a Soundbox Studio or other communications network;
- 10.3.4 the infringement by any other person of any copyright or other Intellectual Property Rights of any third party through any use of the Site or Services;
- 10.3.5 the availability, quality, content or nature of external sites;
- 10.3.6 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Site or Services; and
- 10.3.7 all representations, warranties, conditions and other Terms and conditions which, but for this notice, would have an effect.
- 10.4 We will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
- 10.5 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
- 10.6 To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.
- 10.7 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Site and/or Services (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the amount paid by you to us under these Terms in the 12 months immediately prior to the date upon which the cause of action arose.
- 11.1 You hereby agree to indemnify, defend and hold us and our officers, directors, owners, employees, contractors, agents, information providers, affiliates, licensors and licensees, (collectively, the “Indemnified Parties”) harmless from and against any and all damage, loss, liability, expenses and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:
- 11.1.1 any fraud or fraudulent misrepresentation you commit;
- 11.1.2 any inaccuracy or defect in any of the information you have provided to us;
- 11.1.3 any breach by you of applicable law or regulation;
- 11.1.4 any breach by you of these Terms; and
- 11.1.5 third party claims arising from your use of the Service, User Content or any use of the Site (whether or not such use was by you) and any of your Reservations.
- 11.2 You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
BREACH, SUSPENSION AND TERMINATION
- 12.1 Without limiting any other rights we have, we may suspend or terminate these Terms and the Services immediately if you breach any of these Terms.
- 12.2 If we have grounds to suspect that you are using the Services fraudulently or improperly, we will suspend your Account until you are able to demonstrate to our satisfaction:
- 12.2.1 your identity; and
- 12.2.2 that no fraud or impropriety has occurred or been attempted.
- 12.3 We will try to give you reasonable notice of any anticipated termination of the Services.
- 12.4 We may cancel, amend, suspend a Reservation or delete your Account at any time for any reason.
- 13.1 We will use the personal information you provide to us:
- 13.1.1 to supply the Services to you;
- 13.1.2 to process your payment for the Services;
- 13.1.3 if you agreed to this during the order process, to give you information about similar Services that we provide, but you may stop receiving this at any time by contacting us;
- 14.1 Some features and Services may be subject to additional terms. We will draw these terms to your attention before you use those features or services. Those additional terms will be incorporated into these Terms when you indicate your agreement to those additional terms.
- 14.2 If there is ever a conflict between these Terms or other instructions, guidance and similar information found on the Site, these Terms will take priority.
- 14.4 Our failure to enforce any term does not constitute our waiver of that term.
- 14.5 For the purposes of these Terms, “Force Majeure Event” means any event beyond our reasonable control including without limitation strikes, lockouts, or other industrial disputes, failure of a utility service or transportation network, an act of God, war, riot, civil commotion, malicious damage, epidemic, pandemic, disease, and contagion, including, without limitation the global COVID-19 pandemic, compliance with any law or governmental order, rule, regulation or direction, including governmental visa status and including any business opening and operating restrictions, lock downs or quarantines, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. We shall not be liable hereunder as a result of any delay or failure to perform our obligations as a result of a Force Majeure Event. If the Force Majeure Event prevents us from providing any of the Services hereunder for more than four (4) weeks, we shall, without limiting our other rights or remedies, have the right to terminate the Services or our agreement with you by written notice.
- 14.6 If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
- 14.7 The Site is intended for and directed at Australia. No representation or warranty is made as to whether the Site complies with the laws of any other country.
- 14.8 These Terms are subject to the laws of Australia and the parties submit to the exclusive jurisdiction of the courts of Australia.
- 14.9 Soundbox will be entitled to assign and otherwise transfer the agreement covered by these Terms by giving you reasonable notice, which may include notice given via the Site.
- 14.10 All questions, comments or enquiries should be directed to us and we will try to respond within 48 hours.
- 14.11 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a Consumer and you are not happy with how we have handled any complaint in respect of the Services, you may want to consider an alternative dispute resolution provider. In addition, please note that if you are a Consumer, disputes may be submitted for online resolution to the Australian Competition & Consumer Commission platform.
Soundbox Studios ABN 44 186 585 521 1/131 Currie Street Nambour, 4560 QLD, Australia
Available at soundboxstudios.com.au
0431 736 798
SCHEDULE A – FINES
- 1.1 These fines are applicable and enforceable in any case where there has been a breach of clause 3 and are without financial limitation of the fine or penalty imposed. These fines are payable without prejudice to the indemnity in clause 11 or our ability to claim for damages generally.
- 1.2 Fines and penalties will run concurrently until a total amount has been ascertained. Soundbox reserve the right to charge the full fine or penalty cost without discount, unless expressly agreed otherwise writing.
- 1.3 Discounts arising from fines or penalties are given without prejudice of the breach and the indemnity in clause 11.
- 1.4 Multiple breaches of clause 3 and its sub clauses can and will be apportioned to the Account and the Reservation related to the breaches.
- 1.5 Fines include but are not limited to the following:
- 1.5.1 $110 for smoking or vaping anywhere inside a Soundbox Studio or Site, excluding external smoking areas;
- 1.5.2 $170 for activation of the fire alarm through smoking, vaping or use of smoke machines;
- 1.5.3 Up to $275 or part thereof, for excessive mess in any Soundbox Studio or communal area arising from the Reservation and/or allotted time;
- 1.5.4 Up to $275 or part thereof, for drug use (all Classes) or any residues left in the Soundbox Studio from the use of drugs (all Classes) within the Reservation and/or allotted time, including the use or consumption of drugs (all Classes) within the wider Soundbox Studio premises such as car parks;
- 1.5.5 $110 for breaching the capacity restrictions set out in the Terms, including for conducting any form of party or gathering;
- 1.5.6 $110 or part thereof, for damage to equipment when being used against its normal operation causing a malfunction;
- 1.5.7 $110 for tampering, damaging or covering up CCTV equipment as set out in clause 3;
- 1.5.8 $110 for tampering, damaging or covering up fire alarms or fire safety equipment as set out in clause 3;
- 1.5.9 Cost of replacement equipment should the equipment be damaged when being used against its means, or is forced against any reasonable operation for the purpose it is intended for or it has been damaged by spillages of any fluids such as from beverages;
- 1.5.10 Cost of damage to the Soundbox Studio including the structure, fixtures and fittings.
SCHEDULE B – REHEARSAL OR DJ STUDIOS
- 1. DJ STUDIO TERMS
- 1.1 Where using any Soundbox Studio which is a DJ studio the following additional Terms apply.
- 1.2 It is strictly prohibited to drink alcohol in the studio.
- 1.3 You must not exceed the Soundbox Studio maximum capacity and for the avoidance of doubt no parties are allowed at any Soundbox Studio.
- 2.1 If you make a Reservation with the intention of using a Soundbox Studio for tuition of any nature you hereby warrant and agree that:
- 2.1.1 you are acting as a business and not a Consumer and you have comprehensive Public Liability Insurance up to the value of $5,000,000;
- 2.1.2 you are over 18 years of age and any assistants are over the age of 18 years of age;
- 2.1.3 you have completed adequate risk assessments prior to any Reservation and mitigated, resolved or rectified any potential hazards prior to the commencement of the Reservation;
- 2.1.4 you shall suspend any Reservation if a hazard is found during the Reservation and thus it is removed or rectified fully before the Reservation can continue;
- 2.1.5 you have policies and procedures in place to protect the health and safety of all participants and guests attending their Reservation;
- 2.1.6 you will ensure these policies and procedures are available for all participants and guests to inspect;
- 2.1.7 you are trained in Basic First Aid by a certified body or organisation and the certificate awarded is valid and has not expired;
- 2.1.8 you are equipped with a First Aid box that contains sufficient and appropriate supplies;
- 2.1.9 you shall ensure all equipment that you bring to the Reservation is fit and worthy of its purpose and poses no danger to you, the participants or guests in any fashion;
- 2.1.10 you will explain the emergency evacuation procedures and amenities to all participants and guests prior to the commencement of the Reservation regardless of frequency of the participants or guests attendance record;
- 2.1.11 you will work in a manner that is safe and healthy and follow all applicable legislation and pose no risk or danger from any omission or act whilst on the premises and you are not in a condition or state that would endanger yourself and/or others;
- 2.1.12 you will have a procedure and policy in place to record and report any accident of any kind to Soundbox on email to email@example.com, through website help at soundboxstudios.com or telephone 0431 736 798 and include, if possible, all details such as injury type and resolution;
- 2.1.13 you will surrender, on-demand, any documentation relating to the requirements under this Schedule B for Soundbox to confirm its validity and to demonstrate that you are executing your obligations in accordance with these Terms;
- 2.1.14 you hereby accept and affirm that failure to produce these documents on demand may result in your account being suspended.
TUITION OF MINORS
- 3.1 Please note we do not allow anyone under the age of 16 to access our Soundbox Studios except where they are accompanied by their parent or legal guardian. If you make a Reservation with the intention of providing tuition or the teaching of minors (persons classed as under the age of 18 years old) you hereby accept and affirm that:
- 3.1.1 you adhere to all clauses in clause 3 of the Terms;
- 3.1.2 you have a valid Disclosure and Barring Service (DBS) check;
- 3.1.3 you are over 18 years of age;
- 3.1.4 any assistants you are working with are over 16 years of age and also carry valid Disclosure and DBS checks;
- 3.1.5 you have completed a Safeguarding & Child Protection Impact Assessment and have a structured and valid policy;
- 3.1.6 you will ensure all minors are supervised at all times during the Reservation and are greeted by you or your validated assistants at the point of entry before the Reservation commences;
- 3.1.7 that participants classed as minors are escorted to toilets when required and are supervised on return to the Soundbox Studio;
- 3.1.8 that participants classed as minors are not permitted to wander the building, car park or any other room alone or in groups containing other minors and are only reunited with a parent, legal guardian at the end of the Reservation at an agreed pick up point on the premise;
- 3.1.9 you will explain the emergency evacuation procedures and amenities to all participants and guests prior to the commencement of the Reservation;
- 3.1.10 you will carry physically or digitally a copy of all emergency contacts for the participants involved if they are minors;
- 3.1.11 you will not produce or shoot any media such as photographs and videos of any participants;
- 3.1.12 you will surrender, on-demand, any documentation relating to this Schedule for Soundbox Studio to confirm its validity and that you are executing your obligations in accordance with these Terms;
- 3.1.13 you hereby accept and affirm that failure to produce these documents on demand may result in your account being suspended.
SCHEDULE C - LIVE STREAMING AND RECORDING
- 1.1 Where using live streaming or recording functions with Soundbox you hereby undertake and agree to the following terms.
- 1.2 All content streamed or recorded shall be original to you or you shall have the authorisation to share it.
- 1.3 You shall not share content that may reveal private personal information about individuals without permission. This includes but is not limited to:
- 1.3.1 sharing personally identifiable information (such as real name, location, or ID);
- 1.3.2 broadcasting content obtained from streaming or recording in a manner that invades another's privacy without permission;
- 1.3.3 sexually suggestive content or any sexual activities.
- 1.4 Hateful conduct is any content or activity that promotes, encourages, or facilitates discrimination, denigration, objectification, harassment, or violence based on race, ethnicity, origin, religion, sex, gender, gender identity, sexual orientation, age, disability, medical condition or physical characteristics and is strictly prohibited. Any hateful conduct is considered a zero-tolerance violation and all Soundbox Accounts associated with such conduct will be indefinitely suspended.
- 1.5 Content including or depicting suicide threats, intentional physical trauma, use of illegal drugs, and drinking excessively is prohibited. Any breach of this rule, may result in a permanent suspension of your Soundbox Account.
- 1.6 The live stream camera must not be moved in any fashion, unless the angle of the camera is in such a position that your stream view will be restricted. You must gain explicit permission to alter the angle of the camera or by sending an email to firstname.lastname@example.org.
- 1.7 If any live streaming or recording equipment is not working correctly (other than as a result of your breach of these Terms), then we shall provide you with a refund for the cost of your Reservation, but we shall not be liable to refund you for the cost of the use of the Soundbox Studio.
- 1.9 Please be aware that we may occasionally listen to recordings in order to check for technical issues and improve our recording service.
- 1.10 Following the cancellation or expiry of your Account, you shall be entitled to access your recordings in your Account for a period of 3 months following the date of such cancellation or expiry. Following such 3 month period, we shall be entitled to delete your recordings.
SCHEDULE D – HOUSE RULES
- When using our Soundbox Studios, you hereby accept and affirm you will abide by the House Rules as indicated below as well as any other clauses within these Terms.
- You take full responsibility for the room, its contents and the people you allow in during your booking.
- Absolutely no smoking or vaping anywhere on the premises. Any breaking of this rule, by you or your guests, will result in a $50.00 fine. If the Fire Alarm is activated by smoke, the fine is $110.00.
- No drugs to be consumed; please be aware that our security team monitors our CCTV 24/7.
- You are welcome to have some mates in the room with you during your session, but they enter as your guest and you take full responsibility for their actions and behaviour whilst at Soundbox Studios.
- Keep doors closed and respect other musicians in the studios.
- If you switch them on, remember to turn off the air-con, or heater fan, before you leave.
- It is okay to have the odd drink while you are at our studios, but keep all liquids away from the equipment and if there are any spillages, make sure they are cleaned up straight away. Blue roll can be found in the kitchen.
- Tidy up at the end of your session; place all litter in the bins provided. When leaving the studios, please respect our neighbours. Keep noise levels to a minimum and litter levels to zero.
- In case anything breaks during your session, please let us know as soon as you can. Contact us via email. We carry spares on site so you can get back to playing again straight away. If you have any questions about the above, feel free to contact our customer support team who will happily clarify things for you.