4000 STUDIOS VISITOR/ MEMBER TERMS AND CONDITIONS
“Us or we or 4000 Studios”: 4000 Studios PTY Ltd, Suite 1, 191 Musgrave Road, Red Hill QLD 4059
"You or Your”: The individual or company listed as a recipient of this form.
“Members”: any individuals who have agreed to a Membership Agreement with 4000 Studios, or who have registered on the 4000 Studios Booking Portal and may go on to make a reservation.
“4000 Studios Booking Portal”: The members area of the 4000 Studios website (https://www.4000studios.com/booknow). This is where you will reserve your studio.
“Membership Agreement”: The entire contents of this contract.
“Membership Plan”: The type and use of the Workspace(s) that you decide to take up with us.
“Team Member”: Each member of your team that you have paid for to receive access to your Studios and other benefits, all of whom are bound by the terms of this Membership Agreement.
“4000 Studios Site”: The premises where your Workspace(s) is located (95 Brunswick St, Fortitude Valley, QLD, 4006)
“Reservation”: The reservation and use of a Workspace(s).
“Order”: An order made for a Reservation via the 4000 Studios Booking Portal or via email.
“Account”: An account set up on the 4000 Studios Booking Portal by any individual.
“Confidential Information”: All information, know-how, prices, processes and initiatives of 4000 Studios.
“Staff”: 4000 Studios representatives at our site.
“Workspace(s)”: This refers to any studio or space at the 4000 Studios Site available for booking or reserved on the website, via email or 4000 Studios Booking Portal.
PROVISION OF SERVICES
You have a right of access to and use of your Workspace(s). You may not timeshare your membership unless agreed otherwise. Only individuals registered by you as Team Members with 4000 Studios may be provided with access codes and a right of access to and use of your Workspace(s).
We are not liable for any loss as a result of our failure to provide a service due to a mechanical breakdown, internet outage, strike, delay, failure of staff, termination of our interest in the building containing your 4000 Studios Workspace(s), insured risk or otherwise.
We do not guarantee to provide internet access in our Workspace(s) at all times. There may be times where the internet is slower than we would like it to be, or not working at all, however, 4000 Studios will endeavour to provide back-up services if faced with this situation.
Other than in respect of death or personal injury caused by our negligence or the negligence of our agents, 4000 Studios shall have no liability to you in respect of any act, omission, neglect, delay of default by any of our staff, contractors or agents.
We will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss or damage to data, third party claims or any indirect, special or consequential loss. We strongly advise you to insure against all such potential loss, damage expense or liability. 4000 Studios takes no responsibility for the loss of personal property, equipment, or materials, including but not limited to damages for lost profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty, negligence or any other loss.
Subject to the provisions of the previous two paragraphs, our total liability to you arising from or in connection with this Membership Agreement and in relation to anything which we may have done or not done in connection with this Membership Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the fees paid or payable by you in the six months period immediately preceding the event giving rise to such liability (or, in the case of a series of connected events, the first of such events).
If for any reason we cannot provide the services stated in your Membership Agreement by your Start Date, we have no liability to you for any loss or damages, but you may cancel the agreement without penalty. We will not charge you any fees until the services become available.
The services offered are at all times subject to the terms of this Membership Agreement.
YOU AGREE TO
(1) OUR RIGHTS
We are entitled to access your Workspace(s), with or without notice, for cleaning, maintenance, safety or emergency purposes.
We may at any time alter these terms and conditions. Prior notice to You of any such alterations will be provided by the email you provided on the Membership Information Form attached not less than seven days before any such alterations come into effect. Unless you object to these changes once notified, you will be deemed to have accepted them.
We reserve the right to employ CCTV as a means to monitor the security of the 4000 Studios Site.
In no way does your membership with us constitute a lease agreement.
(2) YOUR RESPONSIBILITY OVER THE PREMISES
Upon your departure, we reserve the right to charge additional reasonable fees for any repairs needed on your behalf above and beyond normal wear and tear.
If you leave any of your own property in the communal areas of the 4000 Studios Site, we may dispose of it in any way we choose without owing you any responsibility for it or any proceeds of sale.
(3) REGISTRATION & BOOKING
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, with express written consent from 4000 Studios, a stage name that you are known by for the purpose of fulfilling work or entertainment. You can amend your registration details at any time through the 4000 Studios Booking Portal.
You agree not to:
a) impersonate any other person or entity;
b) falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
c) falsely describe your affiliation with another person or entity;
d) use or attempt to use another’s account;
e) solicit personal information (including passwords and banking information) from another person.
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 4000 Studios Booking Portal under your Account or any other use of your username and password.
You may only hold one Account. If you forget your username or password, you can use the password recovery option or contact us so we are able to provide a replacement password. Holding more than one account is prohibited and any studio time gained through these accounts and subsequent promotional codes, will be charged to your account without notice.
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.
If you do not log into your Account for 12 months, we may terminate the Account.
If you choose to make an Order, you do so at your own discretion. This is an offer to enter a contract with 4000 Studios to make a Reservation. If 4000 Studios accepts the Order you will be entering a contract with 4000 Studios which will be confirmed by 4000 Studios by email.
There is no guarantee that Orders will be accepted. 4000 Studios may reject your Order at any time, provided they return any payment you have made for that Order.
If you cancel more than 48 hours before the Reservation, we will reimburse you the whole of your payment/ credits, less any bank charges and other costs incurred by us in administering that refund;
If you wish to cancel 48 hours or less before the Reservation, you may request a review of the refund request by emailing hi@4000studios.com.
Maximum capacity for studios or spaces reserved on our 4000 Studios Booking Portal are as follows:
Studio 10 (4 Person Max)
Studio 11 (4 Person Max)
Studio 12 (4 Person Max)
Studio 14 (4 Person Max)
4000 Studios shall have the right to make any changes to a Reservation which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of that Reservation, in which case 4000 Studios shall use its reasonable endeavours to promptly notify you of any such changes.
OUR HOUSE RULES
You are responsible for leaving your Workspace(s) and the common areas in a tidy state and condition. Any spillages and resulting accidents are your responsibility, please keep the rooms as you’d like to find them.
You agree that you are responsible for the safety and behaviour of all individuals who accompany you to your 4000 Studios Site as part of a Reservation and shall not permit unknown members of the public to access your 4000 Studios site, including the workspace(s) you have under Reservation;
You agree not to exceed the recommended studio maximum person capacities specified on our 4000 Studios Booking Portal and this agreement.
You agree not to damage any equipment or other property made available and to compensate 4000 Studios for any such damage without limitation of cost. This includes, but is not limited to equipment in communal corridors, spares cupboards, kitchens, toilets or in external communal areas
You agree not to tamper, damage or cover up any CCTV equipment, and to compensate 4000 Studios 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 our site entrance;
You agree not to tamper, damage or cover up any fire alarms or fire safety equipment, and to compensate 4000 Studios for any such damage without limitation of cost. This includes and is not limited to fire alarms and fire safety equipment in communal corridors, communal areas, kitchens or toilets;
You agree to strictly refrain from hazardous activities while on site that may set off our fire detectors. This includes, but is not limited to: smoking, vaping and lighting candles or incense. You understand that by setting off our fire alarm or damaging our property or premises you may be liable for a charge at 4000 Studios’ discretion.
You agree to clear all of your own equipment, including all rubbish, before leaving your 4000 Studios site. You agree to place rubbish in the bins provided and to reimburse 4000 Studios for cleaning costs which arise from your use of the Workspace(s);
You agree to ensure that you and all such persons are aware of all applicable fire evacuation procedures and all fire and other safety rules provided at your 4000 Studios Site;
You agree that guests of Member(s) may not enter the 4000 Studios Site without that Member being present. Members may not be separated from their guests within a 4000 Studios Site or allow their guests to remain in the 4000 Studios Site when they leave.
You agree to vacate your 4000 Studios Site 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 our standard rates prevailing from time to time;
You agree to immediately report to us any damaged or missing equipment found by you by email or by telephone, and failing to do so, you may be charged for such loss or damage;
You agree that you are responsible for any equipment you bring to your 4000 Studios Site and that we shall not have any responsibility for damage, theft or loss of your equipment;
On bringing into your 4000 Studios Site such equipment, you agree that it is of electrical worthiness and does not pose a risk to the operation and welfare of the equipment, lighting, power or other amenities provided by us, as part of your Reservation;
You agree not to bring any dangerous or unlawful equipment, substances or materials into your 4000 Studios Site, which includes but is not limited to illegal drugs, nitrous oxide, knives, guns or any other implement that would instigate fear or harassment;
You agree not to consume food inside of any studio or space at your 4000 Studios Site reserved on the website or 4000 Studios Booking Portal.
Overconsumption of alcohol in the studios is not permitted and may result in a fine or termination of your agreement. You agree to stay within your own limits of alcohol consumption.
You agree not to display violent or aggressive behaviour towards 4000 Studios members, staff or guests.
You agree to report any suspicious behaviour or mistreatment of the 4000 Studios Site to us immediately.
You will not operate a business that competes with our business in any way (including, but not limited to studio rental).
You agree not to use the name 4000 Studios in any way in connection with your business, without prior approval from us.
You will comply with all relevant laws and regulations in the conduct of your business.
You will not do anything that may interfere with the use of the 4000 Studios Workspace(s) by us or by others, cause any nuisance or annoyance, increase the insurance premiums we have to pay or cause loss or damage (directly or indirectly) to us or to the owner of any interest in the building which contains the 4000 Studios Workspace(s).
You are liable for any and all damage (and resulting costs) caused by you or those in the 4000 Studios Workspace(s) with your permission or at your invitation.
You will not install any cabling, IT or telecoms connections switches or hubs, without prior approval from us. You will not attach or affix any items to the walls, install antennas, or telecommunication lines or devices in the Workspace(s) without prior approval from us. You are responsible for the cleanliness and presentability of your Workspace(s) and any item left in the communal areas may be thrown away.
You will not use the internet connection to host, spam, access inappropriate adult material, or conduct illegal activities when using 4000 Studios’s free internet connection.
You will not attempt to gain access to any computer systems or 4000 Studios’ networks or attempt to obtain any materials or information not intentionally made available to all 4000 Studios users. You will not use 4000 Studios in connection with any unlawful or immoral activity or perform any activity likely to be disrupting or dangerous to other members.
You will not allow any guest(s) to enter the building without registering such guest(s) according to our policies.
It is your responsibility to read emails from us as they may contain information relating to changes in fees, services or other elements of this Membership Agreement. If you do not contact us to terminate your Membership Agreement then you will be deemed to have accepted these changes.
We may disclose information about you or your Team Members as necessary to satisfy any applicable law, regulation, legal process or government request.
You agree to supply 4000 Studios with up-to-date ID records for You and each and every Team Member.
You will not misrepresent yourself to any 4000 Studios Member or any member of our Staff.
You may be exposed to confidential information whilst at 4000 Studios (e.g. business information, trade secrets, technology, customers and prospects). You agree to keep all such information confidential, except where compelled by competent legal authority to disclose it.
The terms of your agreement are confidential. You agree not to disclose them without consent unless required by law or an official authority. This obligation continues after your agreement ends.
ADDITIONAL ITEMS
(1) INSURANCE
It is your responsibility to arrange at your own expense all insurances relating to personal property, commercial general liability covering yourself, your Team Members and your guests for property loss and damage and injury to yourselves or your guests. We accept no responsibility for any loss of or damage to your property (or that of your visitors) while they are using the 4000 Studios Workspace(s) or any of the services offered. You agree to provide proof of insurance upon request.
(2) DOGS
If any Member, Team Member or their guests plan on bringing a pet into the 4000 Studios Site, we will require this Member to produce proof of vaccination for such pet in a form satisfactory to us. All pets should remain inside your Workspace(s) and cannot sit beside you in the open-plan zone. If any of your guests bring a dog without proof of vaccination, or other unlawful animals into the building, you will be responsible for any injury caused by this animal to other Members or guests or the property of the foregoing. Neither we nor our employees will be responsible for any injury to such pets. We reserve the right to at any time restrict any Member’s right to bring a pet into the building.
(3) OTHER MEMBERS
In case of a dispute between you, a Team Member and another Member we are under no responsibility to mediate or participate.
(4) TECHNOLOGY RELEASE
In order to make use of all the systems offered at 4000 Studios, it may be necessary to install software onto a Member’s device. In addition, from time to time, at a Member’s request, we or an affiliate may help troubleshoot problems a Member may have in trying to access certain functionalities, such as printing or accessing the Internet. You agree that we (including our staff and our affiliates): are not responsible for any damage to any Member’s computer system related to such technical support or downloading and installation of any software; do not assume any liability or warranty in the event that any manufacturer warranties are voided; and do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.
(5) GUESTS
You may have as many visitors as there is capacity in your Workspace(s). For security reasons, you must notify us of all guests via hi@4000studios.com.
(6) RIGHTS
All Confidential Information disclosed by us to you remains the sole and exclusive property of 4000 Studios Pty Ltd. You acknowledge and agree that nothing in this Agreement or your participation or use of the services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of 4000 Studios PTY Ltd, or any other Member.
(7) INDEMNITY
You release and hereby agree to indemnify and defend 4000 Studios PTY Ltd, its affiliates, divisions, and their past, present and future officers, agents, shareholders, Members, representatives and employees, from and against all claims, liabilities, losses, damages, costs (including reasonable legal fees), expenses, judgments, fines and penalties based upon or arising out of
your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the services,
any breach by you of the terms of this Agreement;
any advice that you were given (by our staff, affiliates or another Member) whilst working at 4000 Studios that you deem to have caused any negative impact or result on your business or personal well-being;
all costs, damages or losses associated with any third-party claim arising from any act or omission by you;
any injuries sustained whilst working from your Workspace(s) unless the injury is a result of our negligence in providing you with a safe environment. If roofs or other terraces are made available you hereby indemnify us from any accidents resulting in the use of such space.
Any recommendations or suggestions given by our Staff cannot and should not be relied upon, and must not be considered to be formal advice. 4000 Studios nor any member of our staff shall have any liability to you in respect of any assistance given to you in preparing your presentation and you agree and hereby do indemnify 4000 Studios and its staff in respect of any claim or liability which arises in respect of such assistance.
(8) NO ASSIGNMENT
You will not transfer or assign any part of this Membership Agreement or any of your rights or obligations therein without our prior consent.
(9) TUITION OF MINORS
Tuition of minors is not allowed on 4000 Studios’ premises.
(10) TERMINATION
We reserve the right to terminate your Membership Agreement and access to the relevant 4000 Studios Site immediately and without refund if:
You breach one or more of the terms and conditions listed here or on your Membership Agreement.
Your conduct, or that of someone at the 4000 Studios Site with your permission, is deemed inappropriate for our environment or unpleasant or to be a form of gross misconduct (including but not limited to stealing, misuse of premises for illegal or misleading business practices, vandalism, harassment)