Terms & Conditions Studio

Article 1 | DEFINITIONS
1. The Picknick Club is part of Nika Agency, established in Zwaag, and registered in the trade register
under Chamber of Commerce number 68352662.
2. The other party shall be referred to in these general terms and conditions as the tenant.
3. The agreement means the contract of assignment under which the landlord makes a space
available to the tenant against payment and under which the general terms and conditions have
been declared applicable.

Article 2 | APPLICABILITY OF GENERAL CONDITIONS
1. These conditions apply to all offers, activities, agreements and delivery of services by or on behalf
of the landlord to which it has declared these conditions applicable, insofar as these conditions have
not been expressly deviated from in writing.
2. The terms and conditions shall also apply to the actions of third parties engaged by the landlord in
the context of the assignment.
3. The latest version of these general terms and conditions shall always apply.
4. The applicability of the tenant’s general terms and conditions is explicitly rejected.
5. If one or more provisions of these general terms and conditions should at any time be wholly or
partially void or voidable, the remaining provisions of these general terms and conditions shall
remain fully applicable.

Article 3 | OFFER AND QUOTE
1. If the offer does not specify an acceptance period, the offer will lapse after 14 calendar days.
2. The Landlord cannot be held to its offer if the Tenant could reasonably understand that the offer,
or any part thereof, contains an obvious mistake or slip of the pen.
3. Quotations do not automatically apply to follow-up orders.
4. A booking is only valid when placed through the designated systems.
5. Images of the location are as true as possible to the accommodation. However, no rights can be
borrowed from these images. The Lessor is entitled to modify the layout if it deems this necessary.

Article 4 | RATES AND PAYMENTS.
1. The agreement is entered into for a definite period, unless the nature of the agreement dictates
otherwise or if the parties expressly agree otherwise in writing.
2. Placing a booking creates the obligation to pay. No option can be placed on a date. A date is only
definitely reserved after full payment.

3. If more time is desired than previously agreed upon, the tenant must book additional hours. This is
only possible if no other reservation has already been made for the extra time required. The landlord
can never guarantee that the space can be used outside the initially reserved part of the day.
4. The fees agreed upon when entering into the agreement are based on the price level applicable at
that time. The landlord has the right to adjust the fees at any time when changed circumstances
demand it. Adjusted rates will be communicated to the lessee as soon as possible.
5. If the tenant is in default or omission in the fulfillment of its obligations, all reasonable costs
incurred in obtaining satisfaction out of court shall be borne by the hirer.

Article 5 | OBLIGATIONS OF THE TENANT
1. The Tenant shall timely share all information with the Landlord relevant to the performance of the
assignment.
2. The Tenant guarantees the accuracy, completeness and reliability of the data made available, even
if they originate from third parties. The Landlord shall treat the data confidentially.
3. The Tenant shall indemnify the Landlord against any damage arising from failure to comply with
the provisions of paragraph 1 of this Article.
4. Guests may never be present on the tenants premises without the landlords supervision, and
doors must be locked at all times when leaving the premises.
5. The tenant is obliged to comply with the applicable house rules.

Article 6 | EXECUTION OF THE AGREEMENT
1. Landlord shall perform assignment to the best of its knowledge and ability. Landlord is not liable
for not achieving the result that Tenant intended.
2. The Picknick Club is located at Mient 2 in Alkmaar. This studio is located on the second floor of our
historical store. The floor is only reachable by two round tower stairs. Unfortunately, it is very
difficult for people with walking difficulties or in a wheelchair to reach the 2nd floor.
3. The tenant is responsible for receiving guests, including models, photographers and other persons
who will be working with during the time slot. Landlord is not responsible for receiving tenants
during the time slot, only at the beginning of the time slot.
4. It is possible to book one of our in house photographers by request.
5. The supply of any necessary photographic equipment is the responsibility of the tenant. There is
no photographic equipment available.
6. It is forbidden to use flammable items or articles that can lead to damage or pollution of the
premises. Also, smoking is not permitted in and around the premises.
7. The tenant is not allowed to use the space for pornographic expressions.

8. Without explicit consent by the landlord, pets are not allowed in the studio. The tenant is allowed,
under his own responsibility, to allow children in the studio. If they cause damage, this damage will
be charged to the tenant.
9. Coffee, water and tea are always included in the rent. Tenant is entitled to bring his own food and
beverages.
10. After the rental period, the tenant must ensure that the room is left (wiped) clean. If the room is
not left clean, the landlord has the right to charge cleaning costs to the lessee.
11. Tenant, whether or not the person who placed the booking, is responsible for transferring the
house rules to all persons who will be present during the booked time slot.
12. If this article is violated, or the house rules are violated, Landlord is entitled to charge a fine equal
to the rental fee, unless the costs associated with the violation exceed this amount.

Article 7 | RESERVATION
1. The smallest reservation unit is a daypart of 2 hours.
2. Tenant takes into account the desired preparation and possible run-out of a session when making
the reservation. In case of overrun we charge extra costs.

Article 8 | AMENDMENT, CANCELLATION AND TRANSFER
1. Landlord has the right to refuse a booking.
2. In case of force majeure, the landlord is entitled to interrupt, move or cancel the agreement. Force
majeure shall be deemed to exist, among other things, if the performance of the agreement is
prevented, temporarily or otherwise, by circumstances beyond the Landlord’s reasonable control,
such as accidents or fire.
3. If the tenant wishes to cancel the agreement, this can be done up to 72 hours before the reserved
time, in which case the tenant will receive a refund of the amount paid. If tenant wishes to cancel
less than 72 hours before the reserved time, the amount paid will not be refunded but tenant can
choose a new date or transfer the rental to another party free of charge.
4. In case of force majeure, parties may interrupt or move the agreement. There is a case of force
majeure if the execution of the agreement is prevented, temporarily or otherwise, by circumstances
beyond the reasonable control of the parties. These may include illness, accidents, fire, a pandemic
or government measures.
5. In the case of a B2B agreement, the parties are obliged to reschedule the work. The payment
obligation remains intact, unless otherwise agreed.
6. If the tenant wishes to move the agreement due to a pandemic, but the government measures do
not make continuation of the agreement, whether in modified form or not, the landlord is entitled to
charge the costs associated with the move.
7. For relocations not resulting from a force majeure situation, these can take place once free of
charge, if a new date and time is agreed immediately.

Article 9 | LIABILITY DAMAGE
1. Landlord is not liable for damages arising from this agreement, unless the damage was caused
intentionally or with gross negligence.
2. Access to the premises takes place in principle at the tenant’s own risk. If use of furniture or
decoration involves an additional risk, this will be indicated with stickers. Tenant is obliged to handle
this with care and bears the risk himself if these rules are not observed.
3. Landlord is not liable for damage caused by assuming incorrect or incomplete information
provided by or on behalf of tenant.
4. Landlord is not responsible for acts and actions, including delays, caused by suppliers.
5. Landlord is not responsible for damage, loss or theft of personal belongings within the premises. If
tenant leaves belongings overnight, tenant is responsible for this.
6. Landlord cannot be held liable for equipment or network connections not functioning.
7. Tenant is responsible for exceeding the agreed time frame.
8. Tenant is fully responsible for the behavior of the guests he brings along.
9. Hirer is obliged to have a valid third-party insurance.
10. Moving furniture, items and decorative walls is at all times at your own risk.
11. If tenant causes damage to equipment, he is obliged to compensate the assessed value. Damage
to the floor can also be charged to the lessee. Landlord is also entitled to charge lost income.
12. In the event that the Landlord owes compensation to the Tenant for causing direct damage, the
damage shall not exceed the amount paid out by the liability insurance, or if no payment is made, the
amount charged by the Landlord to the Tenant, unless reasonableness and fairness require
otherwise.
13. Tenant shall indemnify Landlord against all third party claims related to the services provided by
Landlord.

Article 10 | INTELLECTUAL PROPERTY
1. The intellectual property rights to the materials and information provided by the lessor to the
tenant are vested with the landlord. The tenant is expressly not allowed to reproduce, disclose or
make available to third parties the materials and documentation and information provided without
prior permission.
2. By entering into the agreement, the tenant gives the landlord permission to use visual material
and brand names for portfolio, own website, advertisements, social media, magazine articles, printed
matter, exhibition material and demonstration material, unless prior explicit objection is made. If
personal data are visible on these materials, a consent form will be used.

Article 11 | SPECIAL PROVISIONS
1. Both parties are bound to secrecy of all confidential information obtained within the framework of
their agreement. Tenant is referred to the privacy statement for more information.
2. Landlord is obliged to exclude tenants or guests who do not comply with the house rules or cause
nuisance from the premises.

Article 12 | COMPLAINTS
1. The tenant is obliged to make complaints about invoices and/or the services provided known to
the landlord in writing within 7 calendar days after the complaint arose.
2. Lodging a complaint does not suspend the payment obligation.

Article 13 | DISPUTES
1. These general terms and conditions are governed by Dutch law.
2. Parties will only appeal to court after they have made every effort to settle a dispute by mutual
agreement.
3. All disputes shall be settled by the competent court in the district in which the landlord is located,
unless a legal obligation stipulates otherwise.
4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses
against the lessor and third parties involved shall be 12 months.