Studio Rental Contract: Terms and conditions
This agreement is between Teal Towers, LLC. DBA Carolennys Studios (hereafter “COMPANY ” or “STUDIO”) and the individual and or individuals over the age of 18 and legally competent adult holding event, including authorization for any minors under 18 (hereafter referred to as “CLIENT” or “RENTER”). Client agrees that by electronically providing their name, event date, and either placing a non-refundable booking fee or purchasing a package this contract applies to the event related series (hereafter referred to as “Booking”). The Clients are signing this contract and are purchasing a product or service from Photographer in which Client and or Clients will adhere to the terms and conditions outlined in this contract. Any amendments to this agreement shall be made and agreed upon in writing by all parties. The Client agrees that any additional services or products purchased and or added by the Client, invited guests or a family member shall adhere to the terms and conditions described within this contract. This contract may be executed in one or more counterparts including electronic versions, each of which shall be deemed original, but all of which taken together constitutes one and the same.
1. Rates Payment & Deposits:
STUDIO refers to the premises specific in description of particular studio booking period booked. Rates and or fees, including overtime fees, are set by the most current version of the rental rates found on the rate sheet area of the website.
In order to confirm and hold a reservation of a BOOKING, all rental fees, plus any refundable cleaning/damage deposits must be paid in full no later than 48 hours prior to the day of the BOOKING. In the case of additional equipment rental or add on products added on the day of the shoot, the rental fee, plus damage deposit must be paid by credit card at the time of the rental. No Checks are accepted.
2. Booking & Rental Periods:
RENTER’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Rental time must include set up, break-down and clean up. Studio must be cleaned and vacated by the end of the rental period. No prior drop-off and/or pick-up after completion of a shoot, of equipment, props etc., unless negotiated at the time of the rental contract; additional fees may apply. If RENTER goes over the designed rental period, overtime fees will apply and charged in 1 hour increments or as otherwise agreed upon by the parties in writing in advance.
Rental period of BOOKING, are pre-arranged in advance. Any changes needed to be made to the rental period the day of the booking are not guaranteed and are subject to a STUDIO representative written approval. RENTER’s rental time begins exactly at the designed starting time of BOOKING, and ends exactly at the designed ending time of BOOKING. Rental period includes set-up, breakdown, cleanup and pack-up time.
Studio must be cleaned and vacated by the end of the rental period. Client agrees to any overtime, cleanup fees if incurred during BOOKING designated agreement.
3. Cancellations & Rescheduling
Cancellations of confirmed bookings will result in the following charges towards future credits for reschedule, no refunds of any kind shall be made:
7 Days or more of a confirmed BOOKING that is cancelled of the confirmed booking date and time, will incur no charges and all payments will be credited for a reschedule. Between 7 days and 72 hours half credited for future use. Less than 72 Hours of a confirmed BOOKING that is cancelled of the confirmed booking date and time, CLIENT agrees to incur the full rental fee agreed in the BOOKING. Prepaid equipment rental fees, cleaning and damage deposits will be fully refunded. Reschedules, and cancellations will be based on original booking date.
No chargebacks are to be done after the start of the RENTER’s booking time. All filed chargebacks are to be paid at the fees equal to BOOKING plus $100 in the processing fee.
If the company must cancel RENTER’s reservation, RENTER will be given, in COMPANY’s sole discretion, either a rescheduling priority date or a full refund. COMPANY is not liable for acts out of its control that may affect the shoot or BOOKING, such as building equipment failures, power outages, weather, acts of God or emergencies. In such cases COMPANY will refund a prorated portion of RENTERs payment.
4. Studio Rules:
RENTER and its personnel, assignments, employees, contractors and clients are required to observe any rules and regulations required by the STUDIO and the STUDIO reserves the right to remove from the premises any individual who violates the STUDIO’s rules. These rules included in Exhibit A, attached in this agreement.
Company agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to RENTER’s purposes. RENTER shall notify COMPANY immediately of any malfunction, damage or other issues with the equipment.
STUDIO staff shall have the right to inspect STUDIO equipment and/or studio rental space at any time during the rental term. If a breach of any of the provisions of the rental contract is discovered upon inspection, STUDIO reserves the right to revoke the RENTER’s access to the equipment and/or studio, without any liability.
All of the equipment provided is accounted for before and after each BOOKING session. If anything is missing, the RENTER will be charted the retail “new” value for that item. The RENTER will be provided a form which lists the inventory at the start of the RENTER’s session at STUDIO location. It is the RENTER’s responsibility to notify STUDIO if there is any missing inventory/equipment, before the session starts. Should there be no notification; STUDIO will hold RENTER liable for any missing equipment/inventory at the end of the session.
6. Condition of Premises:
Company represents and warrants that all property and equipment is in good condition. All defects, or damage to the premises are deemed to have resulted from the use of the premises by RENTER, unless defects or damage was noted, in writing, prior to the RENTER’s occupation of the premises.
7. Damage & Value:
RENTER shall be solely responsible for any damage to COMPANY’s property, water, electrical features, furniture, props, or equipment that occurs during the BOOKING time RENTER or his party occupies the premises, as well as the loss of profit and refunds to confirmed bookings in cases when damages require Company to temporarily close the studio for the repair. Damage deposits will be held until repairs can be made. If the damage exceeds the amount of the damage deposit, RENTER agrees to pay additional repair costs to bring damaged equipment back to working condition. Renter agrees to pay damage to the premises including spills, excessive wear, marks, stains on furniture, fixtures or painted surfaces.
STUDIO warrants that neither it nor any other occupants on the premises has given or agreed to give anything of value, except the use of the premises to RENTER or anyone associated with the RENTER. RENTER is fully liable for and shall at RENTERS expense replace any items on the premises which are lost, stolen, missing or damaged while renter is on the premises.
8. Cleaning & Trash:
RENTER agrees to leave the premises and all contents and fixtures in as good of conditional as when received, reasonable wear and tear from permitted uses accepted. COMPANY will dispose of trash collected in the supplied trash cans RENTER must discard larger items, such as props and set pieces. Disposal of large amounts of garbage due to large sets may also incur additional costs. All hard to clean materials must be approved in advance; a refundable deposit may be required.
All items brought to the premises by RENTER are to be removed by RENTER. Items left after 7 days will be assumed abandoned and may be discarded or kept by the COMPANY for COMPANY use, with no compensation due to RENTER, at the discretion of the COMPANY.
If RENTER does not return premises to the order and cleanliness found when renter arrived COMPANY will charge at a minimum $75 cleaning fee to be withheld from the cleaning/damage deposit.
9. Age of Models:
RENTER is solely responsible for verifying that all photographic subjects/models employed, or located on premises during RENTERs rental period are of legal age. COMPANY has no responsibility to determine or verity the age of participants in the RENTER’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities is necessary if COMPANY becomes aware that legal age violations are occurring. Company is not liable in the case of an invalid ID or any other form of age verification.
This is a shared studio and we maintain a professional environment. RENTER shall be solely responsible for the conduct and welfare of all persons accompanying RENTER while on COMPANY’s Premises. RENTER agrees that a COMPANY representative may, at COMPANY’s sole discretion, be present at all times. If the representative observes or otherwise becomes aware of dangerous, pornographic, illegal or negligent practices or activities, the representative reserves the right to stop the shoot and may require RRENTER and RENTER’s party to immediately vacate the premises. In such case no refund will be given for unused time. However, COMPANY and its representatives assume no responsibility to act in such cases.
11. Assumption of Responsibility:
The RENTER and anyone associated with the renter, including, but not limited to assistants, guests, models, photographers, etc., hereby assumes all responsibility for all risks associated with and/or resulting in his/her use of the premises and equipment, even if STUDIO is found to be negligent or in breach of any duty of care or any obligation to the RENTER.
The RENTER further assumes responsibility for any loss or damage to the studio, or the equipment on the premises occurring during the RENTER’s designated time (except for normal wear and tear). The RENTER agrees to pay the costs of repair or replacement for any such loss or damage upon receipt of a claim from STUDIO to the RENTER.
RENTER that subscribes to membership also agrees to the following terms. Access to building may only be done during studio posted hours of operation Monday- Friday. RENTER agrees that no access will be granted after these hours. Co-working space is authorized during posted studio hours and may be used by RENTER during valid subscription. RENTER agrees that if any items are left beyond or stored are not STUDIOS responsibility and will not be held liable for any damages. RENTER understands that STUDIO may cancel membership at any time for violation of rules or changes in policy. RENTER understands and agrees that monthly subscription prices may be changed at any time. Furniture is not to be dragged in the event you are alone and unable to move an item without dragging it, then this item should not be moved during your session. Scratches and scuffs on floor will result in a repair & replacement fee. RENTER understands that they must use the booking link with their code to book all the time for the specific package purchase. Unused time does not roll over, and may not be sold or exchange with other individuals. Memberships are for the use of the RENTER and their guests only.
13. Indemnification & Waiver of Liability:
Use of COMPANY’s premises and equipment is at RENTER’s risk. RENTER hereby agrees that COMPANY will not be held liable for any direct, indirect, incidental or consequential damage, injury or loss to RENTER, his party or possessions while on the premises.
RENTER, on his/her own behalf or his/her heirs, next of kin, executors, administrators, personal representatives, assigns, or anyone in RENTER’s party, agrees to hold harmless from and against and indemnify, release and forever discharge COMPANY, its owners, staff, agents, representatives, associates, officers, employees, guests and tenants, against any suit, claim, loss, accident, judgment, fine, personal injury or damages, including property damage or loss from all liability for personal injury, property damage or loss, costs, demands, court costs, hospital costs, attorney’s fees, liabilities or whatever nature or kind (including but not limited to contracting communicable diseases, such as COVID-19), arising as a result of any accidents, falls, equipment malfunction or failure, or any other damage(s)/accidents/ loss, or any other cause while on the premises, resulting from the rental due to any cause, including, but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of contract, mistake(s), action, inaction, breach of any duty imposed by law or error of judgment on the part of FD Studios’ owners and/or staff. This indemnification shall continue in full force and effect during and after the term of the rental for such causes arising during the term of the rental.
CLIENT agrees that all claims and disputes arising under or relating to this agreement are to be settled by binding arbitration in the state of Florida, or another location mutually agreeable to the parties. In no circumstance shall COMPANY be liable for any dollar amount that is greater than the sum of that which has been received by COMPANY for BOOKING. An award of arbitration may be confirmed in a court of competent jurisdiction. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact shall be included. Each party will be liable for their own costs and attorney’s fees.
CLIENT agrees and understands all terms listed in this agreement, including terms on paid invoice which constitutes the entire understanding and agreement of parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral between parties. This agreement will be governed by the laws of the State of Florida.
Studio Rules Exhibit A
· Rental Time includes set up and break down times. At least a $100 fee would be billed if crew leaves later than the reserved time.
· Paper Backdrops: All backdrops including the pre-installed ones (white, grey, black) are $4.99 per every linear foot of usage from the lower edge of the backdrop till where we need to cut off. Usage is footprints, marks, holes, scratches, wrinkles, etc. Contact us for specific colors or backdrops requests.
· Any fractions of an hour are billed as a whole hour.
· Please, leave the studio in the same condition prior to reserved time. A minimum $75 cleaning fee will be applied if studio is not cleaned up prior to designated time, depending on the amount of cleaning required.
· Group sizes maximum 10 people in studio at any given time.
· NO small hard to clean material (confetti, hair cutting, feathers, food products, body paint, oil, fake blood, milk, flour, powder, etc.)
· Do Not drag large furniture across floors. If you need assistance please ask an associate for help
· No smoking or smell of smoke inside the studio or building. A $500 minimum fine will be charged for each incident.
· No fire of any sort.
· No Food or Drinks allowed in the studio of any sort they must be kept in the lobby area only.
· No Alcoholic beverages or Drugs allowed in the studio. A $500 fine will be charged for each incident.
· Music to be kept at a reasonable level and not contain vulgar or offensive lyrics. Live bands must be approved in advance. The studios are not soundproof.
· No one will be admitted who is drunk or under the influence or the smell of illegal substances.
· No pets allowed without prior written consent.
· Renter is responsible for any damages to any property, equipment, furniture, and features, during the rented time.
· Cancellations made more than 72 hours will be credited for the time allotment within 50 days, less than 72 hours will be charged full reserved fee.