“Company” is PICTURISTIK Studio (PICTURISTIK), “Premises” includes the studio and any adjacent property owned by PICTURISTIK, “Renter” is the person or entity renting Premises or equipment.
Renter has voluntarily elected to use and, if applicable, to allow the minor child(ren) identified below and all minor children under Renter”s supervision or participant under Renter”s party and referred to individually and collectively herein as “participant”, to use the Premises and equipment(s). In consideration for being allowed to use said facilities and equipment, and any other services provided by the Company and its employees or agents at said location, Renter represent, acknowledge and agree as follows:
Renter acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to the Company, and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf.
Rental rates are set by the most current rate for each location in effect at the time of signing.
PAYMENTS & DEPOSITS
In order to confirm and hold a reservation, all rental fees, plus any refundable leaning/damage deposits must be paid in full at the time of booking. In the case of additional hour(s) rental / equipment rental added on the shoot day, the rental fee plus damage deposit must be paid in full at the time of rental.
No cancellation nor reschedule can be made once the appointments have been made. In case of the acts of God, only studio credits of unused hour(s) would be issued for future booking.
LENGTH OF USE
Rental periods are pre-arranged at the time of booking. Renter”s rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Time includes set up and break-down, the studio must be cleaned and vacated by the end of the rental period. No prior drop-off and / or pick-up after completion of shoot, of equipment, props etc. unless negotiated at time of the rental contract. Additional fees may apply.
CLEANING & TRASH
Renter agrees to leave the Premises and all contents and fixtures in the same condition as they were when Renter arrived. Renter must discard his / her trash. If any trash is left behind, additional cleaning costs may accrue.
All items brought to the Premises by Renter are to be removed by Renter. The Company will not be responsible for any loss ltem(s), with no compensation due the 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 minimum a $50 cleaning fee to be withheld from the cleaning / damage deposit.
No smoking / vaping / fog / haze machine are allowed in the Premises at any time.
No alcoholic beverages or non-prescription or illegal drugs are allowed in the Premises at any time.
Music is to be kept at reasonable levels and not contain vulgar or offensive lyrics.
No one will be admitted who is drunk or under the influence of illegal substances.
No pets are allowed without prior consent of a Company representative.
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, indirect, incidental or consequential damage, injury or loss to Renter, his party or possessions while on the Premises. All persons and activity on Company”s Premises may be video recorded for security usage.
Renter holds harmless and indemnifies Company and its owners, agents, representatives, associates, officers, employees, guests and tenants against any suit, claim, loss, accident, judgment, fine, injury or damages, including reasonable attorney”s fees. 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.
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue the Company, and their successors, predecessors-in- interest, and insurers (collectively, the “Releases”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys” fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from the Renter”s or participant”s access to and/or use of the Premises and/or its equipment, the Renter”s and/or participant”s entry into the Premises, the condition, maintenance, inspection, supervision, control or security of the Premises, the failure to warn of dangerous conditions in connection with the Premises, and/or the acts or omissions of the Company or any of the Releases, including without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the Premises, but also all other equipment, and all activities at the Premises. Renter understand that this release and waiver applies to and includes all activities that Renter or participant engages in at the Premises. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, Renter shall immediately defend indemnify and hold harmless the Releases, and any of them, from any loss or liability, including reasonable attorneys” fees, associated therewith or arising therefrom.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
Renter understands that by agreeing to arbitrate any dispute as set forth in this section, Renter is waiving his/her right, and the right(s) of the participant(s), to maintain a lawsuit against the Company and the other Releases for any and all claims covered by this Agreement. By agreeing to arbitrate, Renter understand that Renter will NOT have the right to have his/her claim determined by a jury, and the participant(s) will NOT have the right to have claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE RENTER”S OR THE PARTICIPANT”S ACCESS TO AND/OR USE OF THE PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE WEEK OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE PREMISES, BEFORE ONE ARBITRATOR. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec 1-16).
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 Renter and Renter”s party to leave immediately. In such case no refund will be given for unused time. However, Company and its representatives assume no responsibility to act in such cases.
AGE OF MODELS
Renter is solely responsible for verifying that all photographic subjects are of legal age. Company has no responsibility to determine or verify 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 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.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with Renter”s and the participant”s use of the Premises, Renter consent to the recording of the Renter”s and the participant”s physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). Renter hereby consent to and authorize the Company and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Renter”s name and the participant”s name, for any purpose, including advertising, promoting, exploiting and/or publicizing any locations of the Company. Renter further agrees that the foregoing includes the consent to use the Renter”s and/or the participant”s physical likeness in any form. In addition, Renter waives any and all claims he/she may have in connection with the Recordings.
Renter shall be solely responsible for any damage to Company”s property or equipment that occurs during the time Renter and/or his/her party occupies the Premises. Renter agrees to pay reasonable additional repair costs to bring damaged equipment/properties back to working condition. Renter agrees to pay for damage to the Premises including spills, excessive wear, mark or stains on furniture, fixtures or painted surfaces.
If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claim to binding arbitration subject to the commercial arbitration rules of the American Arbitration Association. This arbitration will take place in Los Angeles County, California. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the American Arbitration Association. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator”s award, or fails to comply with the arbitrator”s award, the other party is entitled to costs of suit, including a reasonable attorney”s fee for having to compel arbitration or defend or enforce the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200.
Licensee shall comply in all respects with all federal, state, county, city, or other local laws, regulations and ordinances and all rules and regulations of any governmental authority, in connection with this Agreement. This Agreement incorporates the entire understanding and agreement between Company and Renter. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of California shall govern this Agreement. The following signatures constitute a legal and binding Agreement between Renter and Company.
NOTICE TO THE RENTER AND HIS/HER PARTICIPANT(S)
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOU AND YOUR PARTICIPANT(S) ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT EVEN IF PICTURISTIK STUDIO AND ALL OTHER RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOU AND YOUR PARTICIPANT(S) MAY BE INJURED.
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