GENERAL TERMS + CONDITIONS

LABB is a creative studio that provides design and production services to artists, businesses and projects, such services including in particular development services relating to concepts, design as well as production, implementation and technical operations for installations, exhibitions, artworks, events and activations.

These General Terms and Conditions apply to all services provided by LABB and to any and all contractual and business relationships in connection between LABB and LABB´s customers.

LABB is the trading name of LABB WORK LTD, a company registered in England. Company Number [16115686] // UTR [1895229013]

1.0 Billing

— Fees will be invoiced as per the schedule above and are payable as stated.

— All fees are presented excluding VAT.

— Travel costs are calculated to include the trips and durations stated within the stages of work.

— This fee proposal is offered to the named client only and is valid for a period of 30 days from the date of writing.

— The project will commence upon written approval to proceed.

— Any cancellation of a project once it has started and resources have been allocated will incur in the payment of the full agreed fee for any completed work and part completed stages to date.

— Late payments may jeopardize our ability to deliver the project on time.

— Interest in accordance with the Late Payment of Commercial Debts (interest) Act 1998 shall be added to all overdue amounts.

— Payment of invoice(s) shall be deemed to form instruction and acceptance of this fee proposal and its associated terms and conditions.

2.0 Services

— We will provide the services set out in the fee proposal above, any additional services required by the client will be deemed to be additional to the fee and will be charged on a time basis in accordance with our studio time charge rate of £900/day.

— LABB shall be free to use third party suppliers and service providers for the fulfilment of the services to be rendered by LABB under any assignment hereunder.

 — For the avoidance of doubt, the following are excluded from the fees set out above:

— Any site preparatory and / or finishing works that sit outside of our scope.

— This includes provision of power + data to the given location (unless otherwise planned for)

— Additional travel, accommodation or subsistence beyond what is set out above.

— Any additional 3rd party fees for external consultants beyond those set out above.

— Additional high-quality visuals, animations or movies required for additional client press or PR.

— Any change in scope of work, design brief, or site location.

— In the event of force majeure or other unforeseeable events the effects of which on the performance of the agreement are not attributable to LABB (e.g. strike, power failure, riots or official requirements and measures for which LABB is not responsible, general disruptions of telecommunications and data networks, failure of third-party services required for the performance of the order for which LABB is not responsible), LABB shall be released from its obligation to render the services owed hereunder for the duration of the impediment resulting from such an event plus a reasonable start-up period after the discontinuance of the impediment. If adherence to the agreement in such cases constitutes an unreasonable hardship for LABB, LABB shall be entitled to withdraw from the agreement.

— Travel and Accommodation:

— Should an assignment have travel requirements LABB are obliged to charge the client additional travel expenses unless stated otherwise. 

— Should travel time extend beyond four (4) hours, LABB will be obliged to travel by Business Class. 

— All expenses related to travel will be charged to the client separately, or agreed prior within the assignment offer.

3.0 Communication

— LABB require the client to report regularly on the project and give as much notice as possible of any changes or other factors that might affect our work. We also expect the client to give us prompt feedback on designs that have been presented or submitted for review and answer any questions we have in a timely manner.

— The client must keep LABB informed as far as possible and at all times regarding any required changes to scope of work, design, materials, location, site preliminaries, budget and timeline for all stages of the project. Failure to provide LABB with accurate or up to date information may incur additional resource costs, fabrication costs, installation costs, storage costs, or third-party fees.

4.0 Intellectual Property, Technology, Services and Creative Apporpriation

— LABB retains all ownership of the intellectual property in both our design work and delivered pieces. We retain ownership of the designs and the code in our source files — the “technology” — but we grant the client a worldwide, non-exclusive use of them within the agreed purpose it is used for in this project.

— During the course of bidding, presenting pitch work or consultation regarding design and/or the use of available technologies we may provide the client or third parties with approaches that effectively change the projects’ overall look and feel or its technological implementation. The exploitation of such creative contributions when the job is not awarded to ULC would be a misappropriation of our property for which appropriate compensation is required.

5.0 Guarantees / Indemnifications 

— The Client guarantees that the contents of the work(s) resulting from the work is correct when and insofar as the contents have been approved by the Client. The Client indemnifies LABB against all claims of third parties with regard to such content. 

— The Client indemnifies LABB against claims with regard to rights of intellectual property on the materials or data provided by Client, that have been used in the performance of the work. 

— The Client indemnifies LABB or persons brought in by LABB for the completion of the work, against all claims resulting from the application or use of the result(s) of the work. 

— LABB guarantees that the result(s) of the work are designed by or on behalf of LABB and that when any intellectual property right is vested in the design, LABB will be deemed ‘producer’ and can have the work at its disposal as copyright owner. Insofar as LABB uses materials that are not supplied by the Client during the completion of the work, LABB guarantees either that no (intellectual property) rights or other rights of third parties vest therein or that LABB has gained the necessary permission for the use of the materials with regard to the work as agreed upon with the Client.

6.0 Liability 

— LABB can not be held liable for the following: 

— Faults in the material(s) provided by the Client.

— Mistakes or faults with regard to the execution of the agreement when the cause lies in the behaviours of the Client, such as the untimely or non-delivery of complete, correct and clear data/materials. 

— Faults of third parties brought in by the Client. 

— Flaws in fee quotes of suppliers or exceeding of suppliers’ fee quote. 

— Faults in the design or the text/data, when the Client has given his approval, or has been given the opportunity to check the design or the text/data and has declined this opportunity. 

— Faults in the design or text/data, when the Client has foregone the production or execution of a certain model, prototype or test, when such a model, prototype or test would have revealed such faults. 

— Subject to LABB's intent or gross negligence, LABB's liability for damages on account of execution of the agreement is limited to the invoiced amount relating to the works delivered pertaining to the agreement, reduced by the costs made by LABB bringing in third parties. 

— Notwithstanding LABB's intent or gross negligence in the selection of brought in third parties, liability for work commissioned by LABB to third parties – on behalf of Client – is limited to the amounts LABB is able to recover from these third parties. LABB will do everything necessary, and reasonably offer Client all necessary assistance to gain the highest possible damages from the involved third party.

— Any liability expires with the lapse of one year starting from the day of completion of the assignment.

Status: January 2025