General Terms and Conditions of Service
Courtesy translation — only the French version is legally binding.
ARTICLE 1. PREAMBLE — SCOPE OF APPLICATION
These General Terms and Conditions of Service (hereinafter the “GTCS”) govern all services, space rentals, provision of premises and equipment, ancillary sales and consumables offered by the company RODEO DRIVE SARL (hereinafter “RODEO DRIVE”).
These GTCS apply exclusively to professional clients acting for the purposes of their business (hereinafter the “Client”). RODEO DRIVE does not contract with consumers within the meaning of the French Consumer Code.
Any acceptance of a quotation, signed order, payment of a deposit or commencement of performance of a service constitutes full, complete and irrevocable acceptance of these GTCS, which prevail over any other document of the Client.
RODEO DRIVE reserves the right to modify its GTCS at any time. The conditions applicable to an order are those in force on the date of that order.
The legal notice and the Privacy Policy (GDPR) are the subject of dedicated pages accessible on the site and are deemed to have been brought to the Client’s attention.
ARTICLE 2. BOOKING AND OPERATION OF THE PREMISES
The Client undertakes to provide a call sheet listing the names and roles of the persons present on the premises. Failing this, any person present is deemed to be mandated by the Client and placed under the Client’s responsibility.
A studio sheet and an expense sheet are systematically completed and then validated by the Client or the Client’s representative. These documents are authoritative for invoicing.
The studios are rented by the day (10 hours, from 9 a.m. to 7 p.m.) or by the half-day according to the rate stated in the quotation. Any use outside the agreed time slot is invoiced as overtime according to the table below. Any service lasting more than 14 hours must be agreed at least 24 hours in advance by a specific purchase order.
Overtime (any half-hour begun being payable):
| Period | Rate excl. VAT / hour |
|---|---|
| Daytime overtime (6 a.m.–9 a.m. and 7 p.m.–10 p.m.) | €120 |
| Nighttime overtime (10 p.m.–6 a.m.) | €170 |
Surcharges applicable to the day rate, the half-day rate and overtime:
- +25% on Saturdays;
- +50% on Sundays.
Consumables belonging to RODEO DRIVE and used by the Client are invoiced in addition. If the set is not returned in a state of cleanliness equivalent to that observed on arrival, a flat-rate cleaning charge of €60 is invoiced in addition.
ARTICLE 3. CANCELLATION
Any cancellation by the Client gives rise, by way of a penalty clause (Article 1231-5 of the French Civil Code), to the following retention calculated on the total amount excl. VAT of the service:
- cancellation more than 7 business days before the reserved date: deposit refunded;
- cancellation between 7 business days and 48 hours before the reserved date: deposit retained;
- cancellation less than 48 hours before the reserved date: full amount due.
In the event of cancellation by RODEO DRIVE (excluding force majeure), the deposit is refunded in full and, failing a rescheduling accepted by the Client, compensation of an equivalent amount is due to the Client.
ARTICLE 4. PREMISES, EQUIPMENT AND MATERIAL
RODEO DRIVE provides the Client with premises and equipment in good working order, deemed to have been checked and accepted by the Client on arrival, unless a written reservation is made at the start of the service.
The Client undertakes to use the premises and equipment in a professional manner and to return them in their original condition. Any damage to the equipment or fittings provided by RODEO DRIVE engages the financial responsibility of the Client, who bears the costs of repair or restoration.
Any unauthorized modification of the equipment is prohibited.
Filming / shooting equipment provided by third parties: where the Client uses an outside company for the supply, installation or operation of equipment, that equipment and its use are the sole responsibility of the Client and the Client’s service provider. RODEO DRIVE does not intervene in this relationship and cannot be held responsible for any defect, unavailability or damage related to such equipment.
ARTICLE 5. LIABILITY AND INSURANCE
RODEO DRIVE undertakes to provide premises and equipment in good working order.
The liability of RODEO DRIVE can only be engaged in the event of proven fault and is limited to direct material damage, to the exclusion of any indirect or immaterial damage (in particular loss of operation, of data, of turnover or of clientele). In any event, its liability is capped at the total amount excl. VAT invoiced for the service concerned. These limitations do not apply in the event of bodily injury, gross negligence or willful misconduct.
The Client is responsible for any person present at the place of the service and for the consequences of their actions. The Client takes all necessary security measures concerning the valuables introduced into the premises and informs RODEO DRIVE thereof beforehand.
RODEO DRIVE cannot be held responsible for theft, loss or deterioration affecting cash, equipment, clothing, animals or any other property brought in by the Client, the Client’s representative or agents. It is the responsibility of the Client to take out any insurance covering these risks and to present the corresponding certificate upon first request.
RODEO DRIVE declares that it holds professional civil liability insurance covering its activity.
Any parking made available does not engage the responsibility of RODEO DRIVE in the event of damage caused by a third party. RODEO DRIVE’s employees are not authorized to move Clients’ vehicles.
ARTICLE 6. FILES AND DIGITAL SERVICES
RODEO DRIVE cannot be held responsible for the loss or deterioration of images or computer data used by the Client or obtained by means of the equipment made available, except in the event of gross negligence or willful misconduct.
In the event of fault attributable to RODEO DRIVE, its liability is limited to making the same technical means available again so as to enable the Client to reconstitute the lost or deteriorated data, within the limit of the cap provided for in Article 5.
For capture or digital retouching services, the working files are kept for 3 months from the date of the service. After this period, the data is destroyed.
ARTICLE 7. IMAGE RIGHTS AND CONFIDENTIALITY
RODEO DRIVE refrains from any exploitation, dissemination or communication of the content, projects and information of which it may become aware on the occasion of the service, without the prior written consent of the Client.
Any communication by RODEO DRIVE of photographs of its premises showing identifiable elements of a Client’s production (sets, works, persons) is subject to the prior written consent of the Client.
ARTICLE 8. TERMS AND PERIODS OF PAYMENT
Unless otherwise stipulated in the quotation, the services are payable as follows:
- 50% deposit upon confirmation of the order;
- balance (50%) on the day of the service;
- additional services not quoted: payable within 30 days upon receipt of invoice.
The deposit is applied to the total price; its treatment in the event of cancellation is governed by Article 3.
No discount is granted for early payment.
RODEO DRIVE may include in its quotations a provision for catering and additional costs amounting to 10% of the overall quotation. The corresponding invoice states only the costs actually incurred, justified by the studio sheet and the expense sheet. If the advances received exceed the amount invoiced, RODEO DRIVE refunds the difference within 15 calendar days.
Late payment. Failing payment of an invoice on its due date, the following are due as of right and without prior formal notice, from the first day of delay: late-payment interest calculated at three times the legal interest rate, as well as a flat-rate recovery cost indemnity of €40 (Articles L441-10 and D441-5 of the French Commercial Code), without prejudice to additional compensation upon supporting documents if the costs actually incurred are higher. In addition, all other invoices issued to the same Client, even those not yet due, become immediately payable. The Client undertakes to reimburse all costs and fees incurred by the contentious recovery of the sums due, including the costs and fees of ministerial officers.
ARTICLE 9. FORCE MAJEURE
Neither party can be held responsible for a breach of its obligations resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code (in particular an incident rendering the premises unavailable, bad weather, power outage, strike, administrative measure). The prevented party informs the other without delay. If the impediment is definitive, the service is cancelled without compensation on either side and the deposit is returned to the Client, after deduction of the costs already incurred and justified.
ARTICLE 10. PERSONAL DATA
The personal data collected within the framework of the contractual relationship is processed in accordance with the Privacy Policy accessible on the site, which specifies the purposes, the legal basis, the retention period and the rights of the Client (access, rectification, erasure, objection).
ARTICLE 11. SEVERABILITY
If any provision of these GTCS were to be held null, unlawful or deemed unwritten, the other provisions would retain their full value and scope.
ARTICLE 12. CLAIMS AND DISPUTES
Any claim relating to a service must be made in writing within 5 business days following the end of the service; after this period, no claim will be admissible.
These GTCS are subject to French law. Any dispute falls within the exclusive jurisdiction of the Commercial Court of Créteil. Failing application of this clause, in particular if the Client does not have the status of trader, the dispute falls within the competent courts of ordinary law.
RODEO DRIVE SARL
http://www.rodeodrive-studio.com