Terms and Conditions
Terms and Conditions
Terms and Conditions
Last Updated: July 01, 2020
- 1.1 These Membership Terms contain some capitalised words which have been given specific meanings. Some of these defined terms are listed below:
- a. “Member” means a person who registers with the Site and may go on to make a Reservation.
- b. “Studio” refers to a person or business who registers with the Site to offer Reservations.
- c. “Allotted Time” means time you may apply towards a Reservation at Pirate Studios as part of a Paid Membership subscription.
- d. “User” means any person who uses the Site, including Members and Studios.
- e. “Order” means an order made for a Reservation by a Member via the Site.
- f. “Paid Membership” means a Membership which incurs a monthly charge and includes Allotted Time as described at Clause 6.
- g. “Reservation” means the reservation and use of a Studio’s premises (or part thereof) by a Member.
- 1.2 A reference to a “person” in these Membership Terms also includes a reference to businesses, companies and other types of associations.
- 1.3 These Membership Terms apply to use of the website pirate.com (the “Site”) by Members (as defined below). These terms set out how the Site works and describe any associated rights and responsibilities. Any instructions, guidance and similar information found on the Site also applies to how you use the Site and form a part of these Membership Terms. These Membership Terms form a legal agreement between you and Pirate Studios or the Studios.
- 1.4 These Terms are also enforceable within our overseas operations at Pirate Studios LLC (USA), as well as Pirate Studios Ltd (UK).
- 1.5 By applying to register as a Member you are confirming that you understand and accept (and are able to understand and accept) these Membership Terms and that you agree to be bound by them.
- 1.6 The Site allows you to view, select and reserve rooms at a variety of recording studios, dance studios or other facilities including sites operated by Pirate Studios or through third party partnerships or franchises. The Studios, other than those operated by Pirate Studios, can provide details of their facilities through the Site so Members can search and reserve rooms easily.
- 1.7 The Studios, including locations operated by Pirate Studios, are responsible for providing the facilities. If you have any problems please contact us You can email us at firstname.lastname@example.org or by using the ‘Contact Us’ function on the Site.
- 1.8 Please note we are a platform that connects people who want to reserve rooms and the businesses offering those rooms. Unless you are reserving a room at our own Pirate Studios facilities, we do not review listings through the Site by other Studios and are not involved in the actual transactions between you and other Studios.
- 1.9 The Site is a marketplace and we do not have ownership of the facilities listed or sold through it unless indicated otherwise. We are not involved in the actual transaction between Members and studios in respect of our own Pirate Studios facilities. The contract for the sale is directly between you and the Studio operated as a partnership or franchise.
- 1.10 As most of the content on the Site is derived from studios, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered, such media is used by the third party partnership or franchise. If you have any questions or concerns please let us know at email@example.com, or contact the Studio directly.
2. ABOUT THE SITE AND THE MEMBERSHIP TERMS
- 2.1 You may only apply to register as a Member:
- a. if you are 16 or over; and
- b. if it is lawful for you to do so in the territory you are conducting the transaction from.
- 2.2 To register as a Member, we may require you to provide us with identification or other documentation in order to help us prevent fraud, theft or money laundering taking place on the Site. This may include photographic identification and proof of address. We may also undertake our own identity, fraud and credit checks.
- 2.3 We may make alterations to these Membership Terms or to the Site from time to time. If you are not happy with any alteration, you must stop using the Site. If you keep using the Site, this will indicate your acceptance of these Membership Terms as altered. We may notify key changes to you but you should review these Membership Terms from time to time to ensure you are aware of any changes.
3. REGISTRATION, ACCOUNT AND PASSWORD
- 3.1 You may only use your membership for your own benefit. By using the Site you confirm that you are not acting for the benefit of any other person.
- 3.2 To register as a Member, you will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address for your Site account (“Account”).
- 3.3 The Username and Password will be allocated to you if you successfully apply for registration as a Member. Only we can decide whether applications will be successful. 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.
- 3.4 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, with express written consent from Pirate 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 Site.
- 3.5 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.
- 3.6 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 by to your account without notice.
- 3.7 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.
- 3.8 If you do not log into your Account for 12 months, we may terminate the Account.
4. RESTRICTIONS AND OBLIGATIONS
- 4.1 You agree to comply with all applicable laws and regulations, these Membership Terms and all rules applicable to the use of the Site.
- 4.2 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.
- f. attempt to use another person’s legal documentation in the pursuance of creating a new account through our digital verification process.
- 4.3 You acknowledge, agree and undertake:
- a. that any conditional breach of this Clause 4 and its sub clauses below may trigger the enforcement and execution of Clause 14 and its sub clauses, without warning and may not be limited to these fines if such extra costs are deemed necessary and reasonable, such as administration fees;
- b. that you are responsible for the safety and behaviour of all individuals who accompany you to the premises of a Studio as part of a Reservation and shall not permit unknown members of the public to access the Studio premises, including the Studio you have under Reservation and not conduct, plan or execute any parties or gatherings in any Studio when there are additional people in the room that are not connected to the use of the equipment, such as playing of musical instruments;
- c. not to damage any equipment or other property made available at or by a Studio, and to compensate the Studio 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 such as car parks, and car park entry/exit gate systems;
- d. not to tamper, damage or cover up any CCTV equipment in any Studio, and to compensate the Studio 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;
- e. not to tamper, damage or cover up any fire alarms or fire safety equipment in any Studio, and to compensate the Studio 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;
- f. not to breach any of the music or dance studio specific terms contained at Clauses 16 and 17;
- g. to clear all of your own equipment, all rubbish or other materials brought by you into a Studio before leaving Studio premises in bins provided, to strictly refrain from smoking or vaping in Studio premises, and to reimburse the Studio for cleaning costs which arise from your use of the Studio premises;
- h. to ensure that you and all such persons 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 the Studio;
- i. to ensure that you and all such persons shall keep secret any entry codes provided to enable you to access the premises of a Studio, and to let us know immediately if such entry codes are disclosed to any other person;
- j. to vacate the premises of a Studio by the end of the time allotted to you as part of a Reservation, failing which the Studio may charge you for any additional time at their standard rates prevailing from time to time;
- k. to immediately report to us any damaged or missing equipment found by you on the premises of a Studio either through the Site, by email or by telephone, and failing to do so, you may be charged for such loss or damage;
- l. that you are responsible for any equipment you bring onto Studio premises, that you do so and/or use a Locker at your own risk, and that neither we nor the Studio shall have any responsibility for damage, theft or loss of your equipment;
- m. on bringing into the Studio 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 the Studio, as part of your Reservation;
- n. not to bring any dangerous or unlawful equipment, substances or materials onto Studio premises, which includes but is not limited to illegal drugs, nitrous oxide, knives, guns or any other implement which would instigate fear or harassment;
- o. to report any suspicious behaviour or mistreatment of Studio premises to us and the Studio immediately.
- p. you adhere to all car parking regulations and notices displayed, whether provided by the local authority, Pirate Studios, the Studios and to the extent of accepting this definition, indemnify Pirate Studios or the Studios to any loss or damage incurred to your vehicle/s or your property.
- 4.4 For the avoidance of doubt, the indemnity (an obligation to compensate us or the Studios) at any location requires you to compensate us or the Studios for any loss, damage, liability, expenses and costs (including reasonable legal fees) which we or they incur as a result of your breaching the terms of Clause 3 and Clause 4. Specific fines and charges are detailed in Clause 14.
- 4.5 When you place an Order the Site will indicate an amount which you permit us to pre-authorise on your debit or credit card. You further permit us to take payment of this pre-authorised amount or part thereof to reimburse either us or the Studios in respect of any loss, damage, liability, expenses or costs incurred as a result of your breaching the terms of Clause 3 or Clause 4.
- 4.6 Provided that you have complied with these Membership Terms, we shall remove any such pre-authorisation in respect of a Reservation within [1 week] of the date of that Reservation.
- 4.7 In accordance with Clause 11, we may also suspend or terminate access to your Account or the Site or cancel a Reservation if you breach any of these Membership Terms included in Clause 3 or Clause 4.
5. RESERVATIONS/CANCELLATIONS AND REFUNDS
- 5.1 We permit Studios to sell Reservations on the Site, enabling the Site to be used as a platform on which transactions with Studios can take place. We are therefore providing a forum in which you can enter transactions with Studios. Reservations may only be made up to 12 months in advance, and recurring Reservations are not accepted.
- 5.2 If you choose to make an Order, you do so at your own discretion. This is an offer to enter a contract with the Studio to make a Reservation. If the Studio accepts the Order you will be entering a contract with that Studio which will be confirmed by the Studio by email.
- 5.3 If you encounter any difficulties in connection with a Reservation, you are encouraged to contact the Studio directly. You accept that we have no control over Reservations and are not liable for the fulfilment of the Order in any way, unless your Reservation is in respect of our own premises.
- 5.4 There is no guarantee that Orders will be accepted. The Studio may reject your Order at any time, provided they return any payment you have made for that Order.
Where your Reservation relates to premises managed by third party partnerships or franchisees, Pirate Studios are not responsible and have no control over refunds. You should enquire directly with the Studio in relation to this.
- 5.5 Subject to clause 5.4 above, where your Reservation relates to our own premises, you may cancel and claim a refund under the circumstances described below:
- a. If you cancel more than 12 hours before the Reservation, we will reimburse you the whole of your payment, less any bank charges and other costs incurred by us in administering that refund;
- b. If you wish to cancel 12 hours or less before the Reservation, you may request a review of the refund request by emailing firstname.lastname@example.org
- 5.6 The Studio 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 the Studio shall use its reasonable endeavours to promptly notify you of any such changes.
6. PAID MEMBERSHIPS
- 6.1 Certain Paid Memberships are available through the Site which entitles you to a certain amount of time to apply towards Reservations in each month (starting each month on the same date on which you commenced your Paid Membership), in lieu of payment (“Allotted Time”). Unused Allotted Time may not be carried over to the following month and may not be converted, exchanged or refunded as money or other funds in your bank account.
- 6.2 Your Paid Membership subscription payment of £4.99 per month will be taken each month on the same date that you commenced your Paid Membership.
- 6.3 Your Paid Membership account will be credited £5 as Allotted Time each month, on the same date that payment of your Paid Membership subscription fee is taken each month under sub-clause 6. 2 above.
- 6.4 Allotted Time may only be applied towards Reservations made with Pirate Studios in respect of our own facilities, and not with other Studios unless indicated otherwise.
- 6.5 Where your Reservation is made using Allotted Time, then a reference to payment in clause 5.6 shall be interpreted as referring to that Allotted Time, such that if you cancel that Reservation:
- a. if you cancel more than 12 hours in advance you will be free to reuse 100% of the applicable Allotted Time (within the same month);
- b. if you cancel 12 hours or less, you may not reuse any of the Allotted Time.
- 6.6 Paid Membership includes access to a locker in the course of a Reservation at no additional charge, however, such access is strictly subject to availability and no discount will be offered if a locker is not available.
- 6.7 You may cancel a Paid Membership at any time by giving us written notice, in which case your Paid Membership shall end on the next date on which your next Paid Membership payment would otherwise have been taken under sub-clause 6. 2 above (and you shall be entitled to renew your Paid Membership subscription at any time prior to such date). If we do not receive your payment in advance for a Paid Membership in accordance with Clause 6 we may cancel your Paid Membership immediately without further notice. Any Reservations made using Allotted Time which are scheduled for a date after such termination may be cancelled by us.
7. PAYMENT FOR MEMBERSHIP AND RESERVATIONS
- 7.1 Payment for Memberships shall be made one month in advance by direct debit.
- 7.2 Payment in respect of each Order will be made immediately by debit or credit payment card.
- 7.3 We fund the Site by receiving a commission from Studios, which is based on the amounts paid for Reservations.
8. THE RELATIONSHIP BETWEEN PIRATE STUDIOS, YOU AND OTHER STUDIOS
- 8.1 All Reservations are sold on the basis of a contract between you and the Studio. We are not party to any contracts or transactions you may enter with other Studios. We are not the seller or supplier of any Reservations made available on the Site or displayed on the Site, save in relation to our own premises. This is the case whether or not the transaction for Reservations takes place on the Site or through any external channel.
- 8.2 Reservations may be offered subject to additional terms requested by the Studio. You should ensure you are aware of any additional terms and agree to being bound by them before making a Reservation.
- 8.3 Subject to Clause 7, we have no control over and are not responsible for:
- a. the quality, safety or legality of any Reservations sold by Studios on the Site or through external channels; or
- b. any failure of any Studio to make good any offer of a Reservation, reward or special offer; or
- c. the personnel of any Studio; or
- d. the availability, power supply, connectivity, standard, layout, size, cleanliness, equipment, appearance, location, or any other characteristic of the facilities which are the subject of a Reservation, including whether they meet any description provided on the Site.
- 8.4 Notwithstanding Clause 7.3, in respect of Reservations made between you and Pirate Studios we warrant that the Reservation will be provided using our reasonable care and skill, and that the facilities which are the subject of such a Reservation shall conform in all material respects with their description on the Site.
9. PROVISION OF INFORMATION
- 9.1 In some cases, Studios will require more information from you. Studios will request this information from you directly and you must promptly provide any information that they request in order to properly provide the Reservation.
- 9.2 When you make a Reservation, we will provide the Studio with any information you have supplied to us, which is required by the Studio to honour the Reservation.
- 10.1 If you have any dispute with a Studio, you should take this up with the Studio directly.
- 10.2 In instances where you feel the Reservation provided by the Studio is harmful, dangerous or otherwise unsuitable you should alert us so that we may investigate the details and possibly remove the Studio from the Site.
- 10.3 We have no obligation to mediate or attempt to settle any disputes, but in some instances we may do so.
- 10.4 Whether or not we decide to mediate is our discretion. If we decline to do so, we do not have to give any reasons for this decision and our decision is final.
- 11.1 We provide and maintain the Site on an “as is” and “as available” basis and we are liable only to provide our services with reasonable skill and care.
- 11.2 We give no other warranty in connection with the Site and we disclaim all liability for:
- a. the accuracy, currency or validity of information and material contained within the Site, including the accuracy of any ratings or reviews given to Studios;
- b. any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
- c. any interruptions to or error of the Site or other communications network;
- d. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Site;
- e. the availability, quality, content or nature of external sites;
- f. 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 any User Content; and
- g. all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.
- 11.3 We have not verified or reviewed any additional terms of any Reservation and we are not liable for the additional terms of any Reservation.
- 11.5 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.
- 11.6 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.
- 11.7 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 (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 Membership Terms in the 12 months immediately prior to the date upon which the cause of action arose.
- 11.8 You agree not to use the Site in any way which: – is unlawful; – may give rise to civil or criminal liability for Pirate Studios; or – may bring Pirate Studios into disrepute.
- 11.9 You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees, and all Studios (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:
- a. any fraud or fraudulent misrepresentation you commit;
- b. any inaccuracy or defect in any of the information you have provided to us;
- c. any breach of applicable law or regulation you commit;
- d. any other person’s use of your Account;
- e. any breach by you of these Membership Terms; and
- f. third party claims arising from your use of the Site or any use of your Account (whether or not such use was by you) and any of your Reservations.
- 11.10 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.
12. BREACH, SUSPENSION AND TERMINATION
- 12.1 Without limiting any other rights we have, we may suspend or terminate access to your Account or the Site if you breach any of these Membership Terms.
- 12.2 If we have grounds to suspect that you are using the Site fraudulently or improperly, we will suspend your Account until you are able to demonstrate to our satisfaction:
- a. your identity; and
- b. 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 Site.
- 12.4 If you become aware of or suspect another User’s breach of these Membership Terms, or any fraud or impropriety by another user, you must contact us immediately.
- 12.5 We may cancel, amend or suspend a Reservation at any time for any reason.
- 13.1 The Site enables the display of third party content, including Users’ reviews and ratings of Studios (“User Content”). You accept that the ratings and reviews given by Users of the Site form an essential part of the Site’s internal regulation process and are a key function of the Site for all Users.
- 13.2 The reviews and ratings expressed in any User Content are for information purposes and do not constitute advice from us or reflect our views. To the fullest extent permitted by law we assume no liability for any loss or damage incurred by Studios and / or Members as a result of the User Content.
- 13.3 You accept that we have no control over the User Content as we do not moderate it. However, if you alert us to inflammatory, erroneous or salacious User Content we may in our absolute discretion remove it from the Site. Although we are not obliged to do so, we may remove or reject any User Content.
- 13.4 You agree that we may process and store any content you submit to the Site (“Your Content”).
- 13.5 You may send Your Content to other Users of the Site, and other Users of the Site may send User Content to you.
- 13.6 You agree to the distribution of Your Content by us both internally and externally. Therefore you should ensure that Your Content does not contain information which you intend to keep confidential or private.
- 13.7 By making available, posting or transmitting Your Content to the Site, you are granting us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, perpetual worldwide licence to use and exploit Your Content for any purpose.
- 13.8 You agree that you are entitled to make available, post or transmit Your Content to the Site.
- 13.9 You will not make available, post or transmit to the Site any statement, material or other content, nor use the Site in any way, that:
- a. is unlawful or may give rise to civil or criminal liability;
- b. infringes any copyright or other intellectual property right of any third party;
- c. infringes any third party’s rights of privacy or rights of publicity;
- d. includes any computer virus or other malicious software;
- e. is abusive, pornographic, defamatory, discriminatory or obscene;
- f. harasses any other person (including Studios and their employees);
- g. interferes with another user’s use and enjoyment of the Site;
- h. impersonates any moderator, administrator or any staff or any other person connected with Pirate Studios;
- i. contains the confidential information of any other person;
- j. solicits passwords or personal information;
- k. 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);
- l. exploits any other person;
- m. we consider inappropriate; or
- n. encourages or provokes any other person to do any of the acts listed above.
- 13.10 If you discover any material which you believe contravenes these Membership Terms, please inform us
- 13.11 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
- 13.12 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 confirmation to you.
- 13.13 All emails (or other messages) we send are intended for the addressee only.
- 13.14 We may also contact you about news, discounts and offers.
- 14.1 These fines are applicable and enforceable in any case where there has been a breach of Clause 4 and any sub Clauses thereof, and are executed without financial limitation of the fine imposed.
- 14.2 Fines will run concurrently until a total amount has been ascertained. Pirate Studios and the Studios reserve the right to charge the full fine cost without discount, unless expressly given in writing.
- 14.3 Discounts arising from fines are given without prejudice of the breach and hence Pirate Studios or the Studios warrant no indemnification of the breaches by awarding the discounts.
- 14.4 Multiple breaches of Clause 4 and its sub Clauses can and will be apportioned to the Member and the Reservation related to the breaches.
- 14.5 Fines are listed but not limited to:
- a. £50 | €57 | or $70 for smoking or vaping anywhere inside the Studio or Site, excluding external smoking areas;
- b. £100 | €114 | $140 for activation of the fire alarm through smoking, vaping or use of smoke machines;
- c. Up to £200 | €228 | $280 or part thereof, for excessive mess in any Studio or communal area arising from the Reservation and/or allotted time;
- d. Up to £200 | €228 | $280 or part thereof, for drug use (all Classes) or any residues left in the Studio from the use of drugs (all Classes) within the Reservation and/or allotted time.
- e. £50 | €57 | or $70 for breaching the capacity restrictions set out in Clauses 16 and 17;
- f. £50 | €57 | or $70 or part thereof, for damage to equipment when being used against its normal operation causing a malfunction;
- g. £50 | €57 | or $70 for tampering, damaging or covering up CCTV equipment as set out in Clause 4;
- h. £50 | €57 | or $70 for tampering, damaging or covering up fire alarms or fire safety equipment as set out in Clause 4;
- i. 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;
- j. Cost of damage to the Studio including the structure, fixtures and fittings.
- k. £50 | €57 | or $70 for conducting a party of breaching the terms detailed in Clause 4.3;
- 14.6 You must inspect the Studio before your Reservation starts and notify us of any damage immediately otherwise you accept the Studio ‘as is’.
- 14.7 You must notify us of any damage which is incurred during your Reservation within 1 hour of the end of your Reservation.
- 15.1 Some features and services of the Site 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 Membership Terms when you indicate your agreement to those additional terms.
- 15.4 These Membership Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Membership Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
- 15.5 We may deduct any monies you owe us from any monies we owe you.
- 15.6 Our failure to enforce any term does not constitute our waiver of that term.
- 15.7 If any part of these Membership 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.
- 15.8 The Site is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Site complies with the laws of any other country.
- 15.9 These Membership Terms are subject to the laws of England and Wales, the United States of America and Germany and the parties submit to the exclusive jurisdiction of these courts.
- 15.10 Pirate Studios will be entitled to assign and otherwise transfer the agreement covered by these Membership Terms by giving you reasonable notice, which may include notice given via the Site.
- 15.11 All questions, comments or enquiries should be directed to us and we will attempt to respond to within 48 hours.
16. STUDIO SPECIFIC TERMS & MAXIMUM CAPACITIES
- 16.1 Members are advised not to exceed the recommended studio maximum capacities specified below:
- Rehearsal Classic: From 100 to 130 sq. ft — four people comfortably
- Rehearsal Premium: 215 sq. ft — four people comfortably
- Rehearsal Pirate: between 215 to 260 sq. ft — five people comfortably
- Rehearsal Pirate XL: From 260 to 300 sq. ft — six people comfortably
- Showcase: 395 sq. ft — six or more people comfortably
- DJ Premium/ProStudio: From 65 to 130 sq. ft — five people maximum
- Production Studio: From 65 to175 sq. ft — five people maximum
- Podcast: 110 sq. ft — six people comfortably
- Dance: 580 sq. ft — 11 people maximum
17. LIVE STREAMING AND RECORDING
- 17.1 When live streaming or recording with Pirate Studios, you should create content that is original or that you are authorised to share. Copyright infringements are against our values and rules. These infringements include, but are not limited to audio, video and images that are broadcast in your stream, for which you have not gained the necessary permissions or prior authorisation.
- 17.2 Do not invade the privacy of others. It is prohibited to share content that may reveal private personal information about individuals without permission. This includes but is not limited to:
- a. Sharing personally identifiable information (such as real name, location, or ID).
- b. Broadcasting content obtained from streaming or recording in a manner that invades another's privacy without permission.
- 17.3 Sexually suggestive content or any sexual activities, are strictly prohibited.
- 17.4 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, physical characteristics and is strictly prohibited. Any hateful conduct is considered a zero-tolerance violation of our House Rules and all Pirate accounts associated with such conduct will be indefinitely suspended.
- 17.5 General good behaviour rules include, but are not limited to: suicide threats, intentional physical trauma, use of illegal drugs, and drinking excessively whilst live streaming in the studio. Any breach of this rule, may result in a permanent suspension of your Pirate account.
- 17.6 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, via Live Chat, or email to email@example.com
- 17.7 If any live streaming or recording equipment is not working correctly (other than as a result of your breach of these Membership Terms), then we shall provide you with a refund for the cost of your Paid Membership subscription for the applicable month, but we shall not be liable to refund you for the cost of the use of the Pirate Studios.
- 17.8 Pirate Studios reserves the right to delete your recordings (for example, if you have requested an account deletion under GDPR legislation) but will not do so without giving reasonable notice of the deletion date.
- 17.9 Please be aware that we may occasionally listen to recordings in order to check for technical issues and improve our recording service.
- 17.10 Following the cancellation or expiry of your Paid Membership subscription, 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.
18. DANCE STUDIO SPECIFIC TERMS
- 18.1 It is strictly prohibited for Members and participants including active or viewing guests to wear of heels of any definition, tap, jazz, outdoor or dark soled footwear that may cause damage to the Studio floor. All shoes must be non-marking whilst using the Studio at any time either as an active participant or as a viewing guest. Only indoor footwear such as light soled trainers or soft light soled dance shoes are permitted at any time.
- 18.2 You must not exceed the Studio maximum capacity which shall be advised to you at the time of booking.
- 18.3 Members who make a Reservation with the intention of using the Dance Studio for tuition of any nature hereby accept and affirm that:
- a. they have comprehensive Public Liability Insurance up to the value of £5m;
- b. they are over 16 years of age and any assistants are over the age of 16 years of age;
- c. they have completed with their best endeavours to produce adequate risk assessments prior to any Reservation and mitigated, resolved or rectified any potential hazards prior to the commencement of the Reservation;
- d. they suspend any Reservation if a hazard is found during the Reservation and thus it is removed or rectified fully before the Reservation can continue;
- e. have policies and procedures in place to protect the health and safety of all participants and guests attending their Reservation;
- f. they ensure these policies and procedures are available for all participants and guests to inspect;
- g. they are trained in Basic First Aid by a certified body or organisation and the certificate awarded is valid and has not expired;
- h. they are equipped with a First Aid box that contains sufficient and appropriate supplies;
- i. they ensure all equipment that they bring to their Reservation is fit and worthy of its purpose and poses no danger to the Member, the participants or guests in any fashion;
- j. they 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;
- k. they work in a safe and healthy manner and follow all appropriate Legislation where applicable and pose no risk or danger from any omission or act whilst on the premises and are not in a condition or state that would endanger themselves and others;
- l. they will have a procedure and policy in place to record and report any accident of any kind to the Studio on email to firstname.lastname@example.org or telephone 0333 241 9598 and to include, if possible, all details such as injury type and resolution;
- m. they can surrender, on demand, any documentation relating to Clause 17.3 for the Studio to confirm its validity and that the Member is executing their obligations in accordance with these Terms and Conditions.
- n. they hereby accept and affirm that failure to produce these documents on demand may result in their account being suspended.
19. TUITION OF MINORS
- 19.1 Members who make a Reservation with the intention for tuition and the teaching of minors (persons classed as under the age of 18 years old) hereby accept and affirm:
- a. they adhere to all Clauses in 17.3 and also hereby accept and confirm:
- b. they have valid Disclosure and Barring Service (DBS) check;
- c. they are over 16 years of age;
- d. any assistants employed within the Member’s Reservation are over 16 years of age and also carry a valid Disclosure and Barring Service (DBS) check;
- e. they have completed a Safeguarding & Child Protection Impact Assessment and have a structured and valid policy that:
- f. ensures all minors are supervised at all times during the Reservation;
- g. are greeted by the Member or validated assistants at the point of entry before the Reservation commences;
- h. that participants classed as minors are escorted to toilets when required and are supervised on the return to the Dance Studio;
- i. 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;
- j. are only reunited with a parent, guardian or prior agreed person at the end of the Reservation at an agreed pick up point on the premise;
- k. they explain the emergency evacuation procedures and amenities to all participants and guests prior to the commencement of the Reservation;
- l. carry physically or digitally a copy of all emergency contacts for the participants involved if minors.
- m. not to produce or shoot any media such as photographs and videos without the explicit consent of the minors' parent or guardian;
- n. they can surrender, on-demand, any documentation relating to Clause 17.3 for the Studio to confirm its validity and that the Member is executing their obligations in accordance with these Terms and Conditions;
- o. they hereby accept and affirm that failure to produce these documents on demand may result in their account being suspended.