Article 1 Definitions

1. I’m Studio is a private limited company with the object of renting out and operating a studio for film and photography productions, video clips, workshops, events, presentations, private events, and associated activities, such as the renting out of equipment.

2. In these General Terms and Conditions, ‘General Terms and Conditions’ are defined as these General Terms and Conditions.

3. In these General Terms and Conditions, ‘Customer’ is defined as the natural person not acting for purposes related to his professional or occupational activities (hereinafter: “Consumer”) or the natural person or legal entity who or which acts in the pursuit of his or its professional or occupational activities (hereinafter: “Professional Customer”) and makes use of the Services provided by I’m Studio.

4. In these General Terms and Conditions, ‘Parties’, and each individually referred to as ‘Party’, are defined as I’m Studio and/or the Customer.

5. In these General Terms and Conditions, ‘Agreement’ is defined as the Agreement concluded between I’m Studio and the Customer, irrespective of whether this Agreement was concluded in the context of an organised system for remote sales or services, in which respect only one or more facilities for remote communication are used at the moment of the conclusion of the Agreement, based on which I’m Studio undertakes vis-à-vis the Customer to provide the Services and the Customer undertakes to pay a fee. The Agreement will be concluded by means of an offer by I’m Studio and the acceptance thereof by the Customer, which will be specified in Article 4.3 of these General Terms and Conditions.

6. In these General Terms and Conditions, ‘Services’ are defined as all Services provided to the Customer by I’m Studio and/or its engaged third parties, including renting out and operating a studio for film and photography productions, video clips, workshops, events, presentations, private events, and associated activities, as well as all other work performed by I’m Studio for the benefit of the Customer of any kind in the context of an engagement, including work not performed explicitly at the request of the Customer.

7. In these General Terms and Conditions, ‘Website’ is defined as the Website of I’m Studio, available at www.imstudio.amsterdam.

Article 2 Identity of I’m Studio

1. I’m Studio is registered with the Chamber of Commerce with number 89088115 and VAT identification number NL864875526B01. I’m Studio is established at Oostenburgermiddenstraat 140, 1018 LL in Amsterdam.

2. I’m Studio can be reached by email at info@imstudio.amsterdam or through the www.imstudio.amsterdam website, as well as by phone at + 31 6 58 85 27 53

Article 3 Applicability of the General Terms and Conditions

1. The General Terms and Conditions govern all offers by I’m Studio and all current and future Agreements, deliveries, commercial relationships, and other legal relationships between the Parties. The General Terms and Conditions of the Customer are explicitly rejected.

2. Any deviations from the General Terms and Conditions are only valid if expressly agreed on in writing with I’m Studio.

3. The applicability of any purchase or other conditions of the Customer is explicitly rejected unless explicitly agreed otherwise in writing.

4. The General Terms and Conditions also govern additional or amended contracts granted by the Customer.

5. If it becomes clear that one or more provision(s) of these General Terms and Conditions is or are void, the validity of the other provisions of these General Terms and Conditions and the entirety of the Agreement will not be affected. In this case, the Parties will strive to replace the void provision with a new, valid provision that matches the invalid provision as closely as possible within the scope of the original General Terms and Conditions.

Article 4 Offer and conclusion of the Agreement

1. All offers on the Website are fully without obligation unless explicitly indicated otherwise.

2. The Customer can contact I’m Studio for one of the offered Services through the Website, by email, or by phone.

3. I’m Studio will discuss the expectations of the Customer and subsequently prepare an invoice that can be provided by letter or email. The Agreement will only be concluded once it has been confirmed (by electronic means).

4. The Customer can also place orders on the Website. The Agreement will be concluded by placing an order.

5. If I’m Studio sends a confirmation to the Customer, this confirmation will be decisive in terms of the contents and interpretation of the Agreement, subject to any manifest typographical errors. I’m Studio cannot be held to its offer if the Customer can reasonably understand that this offer, or a part thereof, contains an obvious mistake or error.

6. If the Customer makes notes or remarks in the offer by I’m Studio, these will not be part of the Agreement unless I’m Studio confirms these in writing.

7. A contract by the Customer that was not preceded by a written offer requires written acceptance by I’m Studio.

8. If the offer does not contain a period for acceptance, it will expire after 30 calendar days.

9. Quotations do not automatically apply to follow-up contracts.

10. A reservation will only be valid if it has been placed using the designated systems.

11. Images of the location reflect the accommodation as accurately as possible. However, no rights can be derived from these images. I’m Studio has the right to change the layout if it considers this desirable.

12. The Agreement will be concluded for a fixed period unless the nature of the Agreement dictates otherwise or if the Parties explicitly agree otherwise in writing.

Article 5 Execution of the Agreement

1. I’m Studio will strive to provide the Services to the best of its insight and ability and in accordance with the requirements of sound craftsmanship, as well as in accordance with the agreements set out in writing, to the greatest extent possible.

2. I’m Studio only has a best-efforts obligation, not an obligation to achieve certain results, in relation to the provision of the Services. A best-efforts obligation is a contractual obligation to make the necessary efforts or to make certain resources available to achieve the stipulated result, which means that I’m Studio cannot guarantee that the outcomes, results, or expectations of the Customer with respect to the provision of the Services will actually be achieved.

3. I’m Studio has the right to deny Customers or guests who fail to observe the house rules or cause nuisance access to the building.

4. The Customer will consider the desired preparations and any delays in a session when making a reservation. I’m Studio will charge an additional fee if the period is exceeded.

5. I’m Studio has the right to outsource certain activities to third parties.

6. When engaging third parties, I’m Studio will always observe the necessary level of care and discuss the selection of these third parties with the Customer, insofar as this is reasonably possible and common in the relationship with the Customer. The costs of engaging these third parties will be borne by the Customer and will be charged to the Customer by I’m Studio.

7. The Agreement can only be executed by I’m Studio if the Customer provides complete and correct (contact) details to I’m Studio when concluding the Agreement. For this reason, the Customer will ensure that all data indicated by I’m Studio as necessary for the execution of the Agreement, or of which the Customer should reasonably understand the necessity, are made available to I’m Studio in a timely fashion.

8. The Customer will ensure that I’m Studio can provide its Services in a proper and timely fashion. If the Customer fails to comply with its agreements in this respect, it will be required to provide compensation for all resulting damage.

9. If a period was specified or agreed on for the completion of Services, this can never be considered a deadline. When a period is exceeded, the Customer needs to issue a written notice of default to I’m Studio. I’m Studio needs to be offered a reasonable period to execute the Agreement in this notice.

Article 6 Amendments to the Agreement

1. If it becomes clear during the execution of the Agreement that it must be amended or supplemented for its proper execution, I’m Studio and the Customer will promptly and mutually decide to amend or supplement the Agreement.

2. If the Agreement is amended or supplemented, an additional contract will exist. A separate agreement on the remuneration will be concluded in advance with respect to this additional contract. Without an additional quotation, the original conditions will apply, based on which the additional Services will be provided in accordance with the agreed rate.

3. A failure to execute the amended Agreement (immediately) does not result in the default of I’m Studio and does not give the Customer a reason to terminate or dissolve the Agreement.

4. Amendments to the original Agreement concluded between I’m Studio and the Customer will only be valid as of the moment on which these amendments have been accepted by both Parties by means of an amended or supplementing Agreement. This amendment will take place in writing.

Article 7 Suspension, dissolution, and interim termination of the Agreement

1. I’m Studio has the right to suspend the fulfilment of the obligations or to dissolve the Agreement if the Customer fails to (fully) fulfil the obligations arising from the Agreement (in a timely fashion) or if I’m Studio has valid grounds to fear that the Customer will continue to fail to fulfil these obligations, provided that I’m Studio has held the Customer in default by means of a written summons which offers the Customer a reasonable period to fulfil its obligations, and this does not take place within this period.

2. I’m Studio also has the right to dissolve the Agreement subject to the same conditions as set out in paragraph 1 of this Article if circumstances of such a nature occur based on which the fulfilment of the Agreement becomes impossible or if unaltered continuation of the Agreement cannot reasonably be demanded.

3. If the Customer fails to fulfil its obligations arising from the Agreement, this failure justifies dissolution, and the Customer is in default, I’m Studio will have the right to dissolve the Agreement with immediate effect by means of written notice to the Customer, in which respect the Customer is required to offer compensation or indemnification based on its failure.

Article 8 Right of revocation and returning Products

1. The Customer has the right to cancel an Agreement concluded remotely within 14 (fourteen)

days at no cost and without substantiation being required (Right of Revocation).

2. The Article will only apply to an Agreement concluded remotely with a Consumer. This means

that the Professional Customer has no right of revocation.

3. The period of the Right of Revocation of an Agreement concerning the provision of Services starts on the day

on which the Agreement is concluded.

4. The Agreement cannot be cancelled by the Customer if I’m Studio fully provides the Services

within the reflection period of 14 (fourteen) days. When concluding the Agreement, the

Customer gives I’m Studio permission for this and declares to waive its Right of Revocation.

5. The Customer will retain the Right of Revocation if the provision of the Services takes place

partially within the reflection period of 14 (fourteen) days at the request of the Customer.

However, the Customer will be required to pay for the Services already provided.

6. If the Customer exercises the Right of Revocation within the revocation period referred to in

paragraph 1 of this Article, I’m Studio will fully refund the amount paid by the Customer.

7. I’m Studio is required to provide a cancellation form to the Customer with the Agreement

concluded remotely. The Customer can complete the cancellation form if it wishes to cancel

the order. The Customer can also unambiguously inform I’m Studio in another manner that

it wishes to terminate the remote Agreement.

8. If the Customer completes the cancellation by electronic means or informs I’m Studio that it wishes to

terminate the remote Agreement by other electronic means, I’m Studio will immediately confirm the receipt

of this notice on a durable medium.

Article 9 Cancellation

1. No refund will be provided in case of cancellation. In this case, the Customer can reschedule the reservation with I’m Studio or transfer the reservation to a different Customer.

2. In case of cancellation no later than 72 (seventy-two) hours before the start of the Services, no costs will be charged.

3. In case of cancellation within 48 (seventy-two) hours before the start of the Services, 50% of the total costs will be charged.

4. In case of cancellation within 24 (twenty-four) hours before the start of the Services, 100% of the total costs will be charged.

5. Cancellation must take place in writing and be explicitly confirmed by I’m Studio.

Article 10 Costs, remuneration, and payment

1. All amounts listed in the quotation are in euros and include VAT for the Consumer but do not include VAT for the Professional Customer unless indicated otherwise.

2. I’m Studio has the right to correct manifest typographical errors in the price statement.

3. Payment will take place based on an invoice. The Customer must pay the rental costs of the building in advance. If the Customer chooses to purchase an additional service from I’m Studio (such as catering), this service will be paid for afterwards.

4. A payment obligation will arise once the reservation is made. No provisional reservations are possible. A reserved date will only become final after the full payment.

5. The Customer must pay the invoice within 30 (thirty) days.

6. The Customer can book additional hours if more time than agreed-upon in advance is required. This is only possible if no other reservation for the desired additional time has been made. I’m Studio can never guarantee that the space can be used outside of the hours initially reserved.

7. The Customer is required to immediately inform I’m Studio of any inaccuracies in the listed or provided payment details.

8. If the Customer fails to pay an invoice in a timely fashion, the Customer will be in default by operation of law without further notice of default being required. In this case, the Customer will owe the statutory interest. The interest on the amount due will be calculated from the day on which the Customer is in default until the moment of payment of the full amount owed.

9. If I’m Studio decides to recover a claim arising from a payment default concerning one or more unpaid invoice(s) by judicial means, the Customer will, besides the principal due and the interest mentioned in Article 10.6, also owe compensation for all reasonable judicial and extrajudicial costs. The compensation for judicial and extrajudicial costs will be determined in accordance with the Dutch Decree on Compensation of Extrajudicial Collection Costs in force at that time.

Article 11 Delivery

1. If I’m Studio is unable to make the studio available within the agreed-upon delivery period, it will inform the Customer as soon as possible. I’m Studio has the right to agree on a new delivery date in consultation with the Customer, provided that the Customer accepts this.

Article 12 Liability

1. The Article will only apply to an Agreement concluded with a Professional Customer.

2. However, paragraphs 10 to 13 and 20 and 22 of this Article also apply to an Agreement concluded with the Consumer.

3. The Customer is responsible for providing correct and representative data and information needed to execute the Agreement. I’m Studio will not be liable for damage, including based on a wrong order, if the Customer has provided incorrect, non-representative, or irrelevant data.

4. I’m Studio will not be liable for errors or omissions of third parties engaged by it. If a third party engaged by I’m Studio wishes to limit its liability, the Customer grants I’m Studio the power to also accept this limitation of liability on behalf of the Customer, by using the Services provided by I’m Studio.

5. I'm Studio is not responsible or liable if a booking has to be postponed or canceled due to unforeseen circumstances - by third parties such as modelling agencies. Costs incurred must be paid by the business customer in the event of cancellation. Additional costs that may arise when moving a booking are also for the account of the business customer.

6. The Services provided by I’m Studio are subject to a best-efforts obligation, not an obligation to achieve certain results. For this reason, I’m Studio cannot be held liable if the Customer is not satisfied with the provided Services.

7. I’m Studio will not be liable for damage arising from this Agreement unless the damage was caused deliberately or due to gross failure.

8. I’m Studio is not responsible for actions, including delays, caused by suppliers.

9. I’m Studio cannot be held liable for the unavailability of equipment or network connections.

10. The Professional Customer is required to provide compensation equal to the appraisal value if it damages equipment. Damage caused to the floor will also be charged to the Professional Customer. I’m Studio has the right to charge any loss of profits it has incurred.

11. I’m Studio will not be liable for indirect damage, including but not limited to consequential damage.

12. The Customer is fully responsible for the behaviour of any guests accompanying it.

13. The Customer is required to have a valid liability insurance policy.

14. The Customer indemnifies I’m Studio against claims by third parties of any kind in relation to the Services.

15. Moving furniture, items, and decorative walls will always take place at the risk of the Customer.

16. I’m Studio is not responsible for damage to or loss or theft of personal properties in the building.

The Customer bears the responsibility for any items left overnight.

17. If the Customer arranges the delivery of items to I’m Studio, the Customer will be responsible for the reception and condition of the items. The same applies to returning delivered items by the Customer. I’m Studio is not responsible for handing items over to the right carrier.

18. I’m Studio is not liable for damage to the building and inventory.

19. As a rule, accessing the building will take place at the risk of the Customer. If the use of furniture or decorations poses additional risks, this will be indicated using stickers. The Customer is required to use these with care and bears the risk if these rules are not observed.

20. I’m Studio is not liable for any typographical errors on the Website.

21. I’m Studio is not liable for the failure to fulfil the obligations arising from the Agreement (in a timely fashion) if this is due to force majeure as set out in Article 13.

22. If I’m Studio is held liable, it will solely be liable for direct damage actually incurred, paid for, or suffered by the Customer due to a demonstrable failure of I’m Studio to fulfil its obligations in relation to its Services.

23. The liability of I’m Studio will be limited to the amount covered and paid by the insurer. The liability will be limited to the amount paid by the Customer if the insurer refuses to provide payment or if I’m Studio is not insured.

24. The limitation of liability as set out in this article does not apply in case of intent or deliberate recklessness of I’m Studio.

25. This provision does not exclude any form of liability insofar as liability may not be excluded or limited by law.

Article 13 Additional house rules

1. The Customer is responsible for welcoming guests, including models, photographers, and other persons worked with during the timeslot. I’m Studio is not responsible for welcoming the Customer during the timeslot, only at the start of the timeslot.

2. No items posing a fire hazard or items that could damage or contaminate the building may be used. Smoking in and around the building is not permitted.

3. The Customer may not use the space for pornographic purposes.

Article 14 Force majeure

1. Force majeure is defined as all external causes beyond the will or actions of I’m Studio due to which timely, complete, or correct fulfilment of the Agreement is no longer possible.

2. Force majeure as referred to in the previous paragraph of this article also includes, but is not limited to, failure by a third party, illness of (staff of) I’m Studio or a third party, abnormal weather conditions, disruptions in water and electricity deliveries, strikes, serious disruptions in the systems of I’m Studio, fire, floods, natural disasters, pandemics, riots, war, or other forms of domestic unrest.

3. In case of force majeure, the fulfilment of the Agreement will be postponed as long as the force majeure exists.

4. In case of force majeure due to which one of the Parties fails in the fulfilment of its obligations arising from the Agreement, the other Party will have the right to dissolve the Agreement without judicial involvement. In this case, I’m Studio will repay any amounts paid, after deducting all costs incurred by I’m Studio in relation to the Agreement.

Article 15 Complaints

1. The Customer is required to inspect, or to have another party inspect, the studio at the moment on which it becomes available or as soon as possible after this moment. The Customer must inspect whether the quality and quantity of the provided Services correspond to the provisions of the Agreement.

2. Mistakes or inaccuracies that can be identified during an initial inspection must be reported to I’m Studio immediately, with due observance of the requirements of reasonableness and fairness.

Article 16 Data confidentiality

1. Each of the Parties guarantees that all data received from the other Party of which confidential nature they are or should be aware will remain confidential. The Party receiving confidential data will only use these for the purpose for which they have been provided. Data will always be considered confidential if they have been designated as such by either Party. I’m Studio cannot be bound to this if the provision of data to a third party is necessary based on a court ruling, a statutory regulation, or for the proper execution of the Agreement.

Article 17 Intellectual property

1. I’m Studio reserves the rights and powers to which it is entitled based on the Dutch Copyright Act.

2. I’m Studio has the right to use the footage and photographs created in the studio for its own portfolio, website, advertisements, social media, magazine articles, printed materials, trade fair materials, and demonstration materials unless this is explicitly objected to in advance. A consent form will be used if personal data are visible on these materials.

3. The partner of I’m Studio that will furnish the I’m Upstairs Studio also has the right to use the created footage and photographs on its website and social media channels.

4. The Customer guarantees that no rights of third parties oppose the provision of data to I’m Studio. The Customer will indemnify I’m Studio against all actions based on the allegation that such provision, use, processing, installation, or incorporation infringes on any right of third parties.

Article 18 Complaints scheme

1. If the Customer has a complaint, it can submit this complaint in writing to info@imstudio.amsterdam or report it by phone. If reasonably possible, the complaint will be handled by I’m Studio within 5 (five) business days of its receipt, after which the Customer will receive a substantive response as soon as possible.

2. The Customer can also submit a complaint to the Dispute Committee through the European ODR Platform, available at http://ec.europa.eu/consumers/odr/.

Article 19 Amendment clause

1. I’m Studio reserves the right to amend or supplement these General Terms and Conditions at any time. I’m Studio will inform the Customer of this in a timely fashion.

2. The amended General Terms and Conditions will start to govern the Agreement one month following the date on which the Customer was informed of the amendment.

3. The Consumer can dissolve the Agreement up to the date on which the amended General Terms and Conditions take effect if I’m Studio may deliver Services or Products that are significantly different from what the Parties agreed on when concluding the Agreement due to the amendment.

Article 20 Applicable law and competent court

1. The legal relationship(s) between I’m Studio and the Customer is/are governed by the laws of the Netherlands.

2. All disputes that may arise between I’m Studio and the Customer will be submitted to the competent court in the district where the Customer resides.

3. All disputes that may arise between I’m Studio and the Professional Customer will be submitted to the court of Amsterdam.