These Terms & Conditions for Studio Bookings (the “Agreement”) are made and entered into between Hölkni ehf. a company registered in Iceland under company registration number 490714-1110, trading as Flóki Studios (“Flóki”), and you, the individual or legal entity making a booking (the “Client”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR BOOKING

This Agreement constitutes a legally binding contract between you and Flóki. By paying your ini.al deposit, you confirm that you have read, understood, and unconditionally agreed to be bound by this Agreement. A link to this Agreement is included on every invoice issued by Flóki, and payment of the deposit constitutes acceptance regardless of whether the Agreement has been separately signed.

If you are booking on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, and references to the Client shall include that entity.

1. Bookings and confirmation

A booking may be made by contacting Flóki directly via email, telephone, or through the Flóki Studio website. All bookings are subject to availability.

A booking is not confirmed until Flóki has issued a booking confirmation to the Client (the “Booking Confirmation”). The Booking Confirmation will set out the date(s), time(s), studio space(s) reserved (the “Studio Space”), service included, and the total amount payable by the Client for the booking (the “Booking Fee”).

The Client must provide accurate and complete information when placing a booking, including a valid e-mail address for Flóki to use to deliver a Booking Confirmation and to communicate with the Client in connection with the booking and this Agreement, the intended use of the Studio Space, the estimated number of people who will attend in connection with the booking (including artists, performers, guest, and invitees, collectively the “Attendees”) and the nature of any event or session (the “Session”). The Client will maintain the e-mail address it provides to Flóki and will immediately notify Flóki of a substitute e-mail address in the event the one on record with Flóki is changed or no longer in use by the Client. Flóki reserves the right to decline any booking request at its sole discretion, including where the intended use of the Studio Space is not consistent with Flóki’s policies or applicable law.

Any changes to the details of a confirmed booking (including dates, times, or services) are subject to Clause 3 below.

2. Payment Terms

A deposit of 50% of the total Booking Fee (the “Deposit”) is required to confirm a booking. The Deposit must be paid within 5 days of receiving Flóki´s invoice, unless otherwise agreed in writing. The Deposit is non-refundable except as expressly provided in this Agreement.

The remaining balance of the Booking Fee is due no later than 7 days prior to the date of the Session or event, unless otherwise agreed in writing. Where a booking is made within 7 days of the Session or event, the full Booking Fee is due immediately upon the Booking Confirmation.

All payments must be made in United States Dollars or Icelandic Króna. Accepted payment methods include bank transfer, credit card, and such other methods as Flóki may decide from time to time.

If the Client fails to pay any amount by its due date, Flóki reserves the right to cancel the booking and retain the Deposit. If the Client makes payment by wire transfer, then the Client will be required to pay any and all wire transfer fees and must submit to Flóki proof of the wire transfer within seventy-two hours.

Any additional charges incurred during the Session (including but not limited to additional equipment use, overtime, catering, or damage to the Studio Space or equipment) will be invoiced to the Client following the Session and are payable within 14 days of the date of that invoice.

All fees are stated inclusive of value added tax (VSK/VAT) unless otherwise indicated or agreed.

3. Cancellation and rescheduling

Cancellation by the Client:

Notice Period before the Session: Outcome

  • More than 21 calendar days: Full refund of the Deposit
  • 5-21 calendar days: Deposit forfeited. If reschedule is requested, then full credit of Deposit is applied to a future booking, subject to availability (valid for 12 months). Only one such complimentary reschedule is permitted. Any difference in fees applicable to the new date shall be invoiced accordingly.
  • Fewer than 5 calendar days: Deposit forfeited; no further charge.

If the Client fails to attend or commence the Session within 30 minutes of the scheduled start time without prior notice, Flóki shall be entitled to invoice the Client for the entire Booking Fee.

Cancellations are not effective until confirmed in writing by Flóki.

Flóki reserves the right to cancel or reschedule a booking in exceptional circumstances, including technical failure, damage to the Studio Space, because of an error made by Flóki such as double booking, a conflict with another event or weather or other circumstances beyond Flóki’s reasonable control. In such cases, Flóki will notify the Client as soon as reasonably practicable and will offer:

  • A full refund of all amounts paid; or
  • An alternative date at no additional charge (subject to the Client’s agreement).

Flóki shall not be liable for any consequential, indirect, or additional losses arising from such cancellation.

4. Use of Studio Space and Equipment

The Studio Space and any audio, visual, lighting, musical, production, or other technical equipment owned by or under the care of Flóki that is made available to the Client as part of the booking (the “Equipment”) may only be used for their intended purposes, or as stated in the booking and/or the Booking Confirmation. Any change of use must be agreed in writing with Flóki in advance.

The Client is responsible for the conduct of all Attendees throughout the duration of the booking and for ensuring that all Attendees comply with this Agreement, any other house rules (as posted on-site and/or communicated in some other way), and all applicable Icelandic laws and regulations. The Client must ensure that all Attendees behave in a respectful and lawful manner.

The number of Attendees present in the Studio Space at any time must not exceed the maximum occupancy specified in the Booking Confirmation or otherwise notified by Flóki. Exceeding the maximum occupancy is prohibited for fire safety and insurance purposes. Fire exits and emergency access routes must not be obstructed at any time. The Client must not sublease, sublet, or otherwise grant access to the Studio Space or Equipment to any third party without Flóki’s prior written consent.

The Client and all Attendees must:

  • Treat all Equipment with reasonable care and use it only for its intended purpose;
  • Follow any operating instructions provided by Flóki’s staff, including in the event of an emergency, and comply with all applicable emergency procedures;
  • Not attempt to modify, or tamper with any Equipment;
  • Report any malfunction or damage to Equipment to Flóki’s staff immediately upon discovery.

Flóki’s staff may access the Studio Space at any time for safety, technical, or maintenance purposes. Flóki will endeavor to minimize disruption to the Session when doing so.

The Client must vacate the Studio Space promptly at the end of the booked time. Overtime use of the Studio Space beyond the booked period can be subject to additional charges.

Smoking, vaping, the use of open flame, pyrotechnics, flammable substances, hazardous materials, or any equipment not provided or approved by Flóki is strictly prohibited anywhere within the Studio Space and all other areas of the Flóki Studios premises without Flóki’s prior written consent.

Flóki reserves the right to terminate a Session immediately, without refund, if:

  • Any Attendee behaves in an abusive, threatening, or violent manner towards Flóki’s staff or any other person;
  • The Session or conduct of Attendees is in breach of this Agreement or applicable law;
  • Flóki’s staff reasonably consider that the safety of any person on the premises is at risk.

The Client must inform Flóki in advance of any special requirements relating to the health, disability, or accessibility needs of Attendees, so that Flóki can make reasonable arrangements.

5. Damage, Loss and Liability for Property

The Client assumes full responsibility for any damage to or loss of the Studio Space, its fixtures and fittings, or any Equipment, howsoever caused, during the period of the booking, including any damage caused by an Attendee, invitee, or other person granted access to the premises by the Client.

The Client must inspect the Studio Space and Equipment at the commencement of the Session and notify Flóki’s staff of any pre-existing damage before the Session begins. In the absence of such notification, the Client accepts that the Studio Space and Equipment were in good condition at the start of the Session.

The cost of repairing or replacing any damaged or lost items shall be assessed by Flóki and invoiced to the Client. The Client authorises Flóki to charge any payment card on file for such amounts where a payment card has been provided. Where the cost cannot be determined immediately, Flóki will issue an invoice as soon as practicable.

The Client is responsible for all personal property brought onto the premises by the Client or any Attendee. Flóki accepts no responsibility for the loss, then, or damage of personal property on the premises.

6. On-site assistance and Production Services

Flóki may make available on-site technical and production assistance, which may include audio engineering, lighting operation, and other production services (collectively “Production Services“). The availability and scope of Production Services will be agreed at the time of booking and set out in the Booking Confirmation.

Where Production Services are included in the Booking Fee, Flóki will make reasonable efforts to ensure that qualified staff are available as agreed with the Client. Where Production Services are provided as an additional service, applicable rates will be set out in the Booking Confirmation or agreed separately in writing.

The Client accepts that Production Services are provided on the basis of reasonable professional effort. Flóki does not guarantee any specific artistic or technical outcome from any Session.

The Client may bring their own sound engineer, producer, or technical personnel to a Session. Flóki’s staff retain authority over the safe use and operation of all Equipment, and the Client’s personnel must comply with their instructions in relation thereto.

7. Alcohol and Substance Policy

Flóki reserves the right to restrict or forbid alcohol consumption at the premises at any time, including if, in Flóki’s reasonable opinion, such consumption is affecting the safety or wellbeing of any person on the premises or the integrity of the Studio Space. The Client is always responsible for the safe and lawful handling of alcohol at the premises.

The possession, use, or distribution of illegal drugs or controlled substances on the premises is strictly prohibited.

8. Insurance and Liability Allocation

The Client is strongly encouraged to obtain appropriate event cancellation, public liability, and equipment insurance prior to the Session. Flóki does not provide insurance coverage for the Client, Attendees, or any personal property brought onto the premises.

Flóki maintains property insurance in respect of the Studio Space and Equipment and such other insurance as it considers appropriate for its operations. Details of Flóki’s insurance can be provided upon request.

Flóki’s total aggregate liability to the Client under or in connection with this Agreement, whether arising in contract, tort (including negligence), or otherwise, shall in no event exceed the total Booking Fee actually paid by the Client in respect of the relevant booking.

To the fullest extent permitted by Icelandic law, Flóki shall not be liable to the Client or any Attendee for:

  • Any indirect, consequential, special, incidental, or punitive loss or damage, including loss of profit, loss of revenue, loss of data, loss of goodwill, loss of anticipated savings, or loss of opportunity;
  • Any damage to or loss of personal property brought onto the premises by the Client or any Attendee;
  • Any loss arising from the Client’s failure to comply with this Agreement.
9. Intellectual Property and Recording Rights

Unless otherwise expressly agreed in writing, all recordings, mixes, masters, and other creative works produced during a Session (the “Recordings“) are the sole property of the Client (or, as applicable, the artists engaged by the Client), subject to the payment in full of all amounts due under this Agreement.

Flóki does not claim any ownership of or license over any Recordings produced during a Session, except as set out in this Agreement.

The Client grants Flóki a non-exclusive, royalty-free, worldwide license to use the Client’s name, logo, and any publicly disclosed information about the Session (but not the Recordings themselves, or any unreleased material) for the purposes of Flóki’s marketing and promotion, including on Flóki’s website and social media channels, unless the Client expressly opts out of this in writing at the time of booking.

Each party retains all intellectual property rights in any materials it brings to a Session. Nothing in this Agreement transfers ownership of any pre-existing intellectual property.

The Client is solely responsible for ensuring that any music, compositions, lyrics, samples, or other creative materials used during the Session do not infringe the intellectual property rights of any third party. The Client shall indemnify Flóki against any claims arising from such infringement in accordance with Clause 10.

Flóki may make recordings or photographs of a Session for technical monitoring, quality control, or archival purposes. Such recordings or photographs will not be publicly disclosed without the Client’s consent, except where required by law.

10. Indemnification

The Client shall indemnify, defend, and hold harmless Flóki, its directors, employees, agents, and contractors from and against any and all claims, actions, demands, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with any breach of this Agreement by the Client, or any negligent, wrongful, or unlawful act or omission of the Client or any Attendee.

The indemnification obligations in this Clause survive the termination or expiry of this Agreement.

11. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Iceland and the District Court of Reykjavík shall have exclusive jurisdiction on any dispute arising from or in relation to this Agreement.

12. Privacy and Data Protection

Flóki collects and processes personal data in connection with bookings in accordance with its Privacy Policy, which is incorporated into this Agreement by reference.

Flóki processes personal data in compliance with the Act on Data Protection and the Processing of Personal Data, No. 90/2018, which implements the General Data Protection Regulation (EU) 2016/679 (GDPR) in Iceland.

13. General Provisions

EnIre Agreement This Agreement, together with the Booking Confirmation and any written addenda agreed between the parties, constitutes the entire agreement between the Client and Flóki with respect to the subject matter hereof and supersedes all prior discussions, representations, and agreements.

Amendments No amendment to this Agreement shall be valid unless made in writing and signed (or acknowledged electronically) by both parties.

Waiver Flóki’s failure to enforce any provision of this Agreement on any occasion shall not constitute a waiver of that provision or of Flóki’s right to enforce it in future.

Severability If any provision of this Agreement is found to be invalid, unlawful, or unenforceable under Icelandic law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from this Agreement, without affecting the validity of the remaining provisions.

Non-Transferability The Client’s rights under this Agreement and the relevant booking are personal and may not be assigned, sublicensed, or otherwise transferred to any third party without Flóki’s prior written consent.

Notices All notices under this Agreement must be in writing and sent to:

  • Flóki: info@flokistudios.com
  • Client: the email address provided at the time of booking.

Notices sent by email shall be deemed received on the next business day following transmission.

Hölkni ehf. reserves the right to amend these Terms & Conditions from time to time. The version in force at the time of the Booking Confirmation shall govern the relevant booking.