Terms of Use for Be Different Studio

Be Different Studio is a community wellbeing hub that includes a group space and individual treatment rooms. Everyone who uses this space is asked to take responsibility for tending to and caring for the space by agreeing to the following terms.

This Agreement is between Clare Babbage Ltd (trading as Be Different Studio) and the Hirer named below.

Part A: Bookings and Payment

  1. Booking Hours and Access

    The studio is available for hire between 7:00am and 9:00pm, seven days a week. Access outside these hours must be arranged in advance with Clare Babbage.

  2. Deposits and Payment

    1. Casual bookings require a $1 deposit at the time of booking.

    2. Full payment will be invoiced and for casual hirers is due the day after your booking.

    3. Regular weekly bookings will be invoiced weekly or monthly, with payment due by the last day of each month.

    4. Payment is to be made to: Be Different Ltd, Account 06-0701-0631905-01

  3. Late Payment
    If payment is not received by the due date, Be Different Studio reserves the right to suspend future bookings until the account is settled. Accounts outstanding for more than 14 days may incur a late payment fee of $25 or interest at 2% per month, whichever is greater.

  4. Cancellation by Hirer

    1. Cancellations made at least 7 days before the booking will receive a full deposit refund.

    2. Cancellations made between 48 hours and 7 days before the booking will forfeit the deposit.

    3. Cancellations made with less than 48 hours' notice will incur a charge of 50% of the full booking fee.

  5. Cancellation by Be Different Studio

    In the unlikely event that Be Different Studio must cancel a booking due to maintenance, emergency, or unforeseen circumstances, the Hirer will receive a full refund or the option to reschedule. Be Different Studio will not be liable for any consequential losses arising from such cancellation.

  6. Regular Booking Arrangements

    Either party may end a regular booking arrangement by providing at least 4 weeks' written notice. Notice must be sent via email to clare@clarebabbage.com.

  7. Sub-letting Prohibited

    Hirers may not sub-let, assign, or transfer their booking to another party without prior written consent from Be Different Studio.

Part B: Use of the Space

  1. Shared Space Etiquette

    This is a shared space. Please be mindful and considerate of other users who have paid to use the space for their work. If privacy is needed, use the room dividers provided and ask clients to wait in the lobby to ensure groups or other clients are not disturbed.

  2. Permitted Use

    The group space and treatment rooms may be used for group sessions and one-to-one work that is covered under the Hirer's business insurance. It is the Hirer's responsibility to ensure appropriate insurance coverage is in place (see Clause 16).

  3. Maximum Capacity

    For health and safety reasons, the maximum capacity of the group space is 25 persons. Hirers must not exceed this limit.

  4. Cleaning and Tidying

    We endeavour to ensure the space is clean and tidy when you arrive. You are responsible for returning the space to its original condition when your session is complete. This includes:

    1. Vacuuming at the end of your session

    2. Emptying bins into the wheelie bin in the bathroom

    3. Checking shared bathrooms are left tidy

    4. Refilling the water filter if used

    5. Turning off all lights and equipment

    6. Ensuring all doors are locked and keys returned to their designated locations

    Cleaning supplies are available for your use. Leaving the space dirty or untidy will result in an additional cleaning fee of $50.

  5. Keys and Security

    Building keys must be returned to the lockbox after use. The key to access the kitchen must be left in the studio kitchenette. Loss of keys will incur a replacement fee.

  6. Kitchen Facilities

    The kitchenette facilities in the studio space are limited. A sink for washing up, cleaning, and refilling the water filter is available in the yoga studio next door. A key is provided to access this area. The kitchen may be used when a class is not in session.

  7. Available Facilities and Equipment

    The following facilities are available to Hirers and included in the hire charges:

    1. WiFi (Network: BeDifferentGuest, Password: Be-Yourself)

    2. Large yoga mats, soft bolsters, floor cushions (x10)

    3. JVC Bluetooth speaker system

  8. Signage and Promotional Material

    Hirers may not display permanent signage or promotional material without prior written consent. Temporary signage for the duration of a session is permitted provided it is removed at the end of the booking and does not damage any surfaces.

  9. Photography and Filming

    Hirers are responsible for obtaining consent from all participants before taking photographs or filming during sessions. Be Different Studio takes no responsibility for any breach of privacy by Hirers or their clients.

  10. Prohibited Activities

    In line with the Kaupapa of this space, no alcohol consumption, smoking, vaping, or use of other altering substances is permitted on the premises.

  11. Parking

    Limited paid street parking is available in the local area. Free parking is available within a 5 minute walk of the Studio.

Part C: Insurance and Liability

  1. Hirer's Insurance

    Hirers must hold appropriate public liability insurance for the activities they conduct at Be Different Studio. Proof of current insurance may be requested. If you're unsure whether your insurance is adequate, we're happy to chat about it.

  2. Damage to Property

    All supplied equipment and furniture is available to Hirers and included in the hire charges. The Hirer is responsible and liable for any loss or damage sustained during their booking. Any damage must be reported as soon as possible via text or email to Clare Babbage at 02108247463 or clare@clarebabbage.com.

  3. Hirer's Equipment

    Clare Babbage Ltd accepts no responsibility for Hirers' equipment used or left on the premises.

  4. Indemnity

    The Hirer agrees to indemnify and hold harmless Clare Babbage Ltd, its directors, employees, and agents from and against any claims, damages, losses, costs, or expenses (including legal fees) arising out of or in connection with the Hirer's use of the premises, the Hirer's breach of this Agreement, or any act or omission of the Hirer, their employees, contractors, or clients.

Part D: Health and Safety

  1. Health and Safety Requirements

    Hirers must read and understand the Health and Safety requirements and emergency evacuation procedure prior to their first booking. In the event of an emergency, Hirers are responsible for ensuring these procedures are carried out, including having group participants sign in using the supplied sheets. By signing this Agreement, the Hirer confirms they have read and understood these procedures.

  2. First Aid

    A first aid kit is located in the drawer in the kitchenette. Hirers are responsible for ensuring they or a member of their team can administer basic first aid if required.

Part E: Privacy

  1. Privacy and Data

    Be Different Studio collects sign-in sheets for health and safety purposes. This information is handled in accordance with the Privacy Act 2020. Hirers are responsible for their own privacy obligations in relation to their clients.

Part F: General Terms

  1. Force Majeure

    Neither party shall be liable for any failure to perform their obligations under this Agreement if such failure results from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemic, government restrictions, fire, flood, or power failure. In such circumstances, both parties will work together in good faith to find a fair resolution.

  2. Dispute Resolution

    1. In the event of any dispute arising under this Agreement, the parties agree to first attempt to resolve the matter through direct communication in the spirit of the Kaupapa of Be Different Studio.

    2. If the dispute cannot be resolved directly, the parties agree to attempt mediation before pursuing any legal action.

    3. The cost of mediation shall be shared equally unless otherwise agreed.

  3. Termination

    Be Different Studio may terminate this Agreement immediately if the Hirer breaches any term of this Agreement, fails to pay amounts owing within 14 days of a reminder notice, engages in conduct that is inconsistent with the Kaupapa of Be Different Studio, or uses the space for unlawful purposes. Upon termination, any amounts owing become immediately due and payable.

  4. Amendments

    Be Different Studio may amend these terms from time to time. Hirers will be notified of any changes via email at least 14 days before the changes take effect. Continued use of the space after the effective date constitutes acceptance of the amended terms.

  5. Governing Law

    This Agreement is governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

  6. Kaupapa

    All users of the premises agree to respect the Kaupapa of Be Different Studio as set out in Schedule 1 of this Agreement.