NEGATIVE SPACE RENTALS – TERMS & CONDITIONS
By engaging to rent Negative Space Rentals (herein after referred to as the “Company”) photography studio you, the undersigned (herein referred to as the “Renter”), hereby state that you have read, fully understand, and agree to be bound by the following terms and conditions.
1. PAYMENT
Renter will provide full payment for all reservations of studio space in US funds. Renter’s date will not be held until this payment is received and cleared. Payment can only be refunded if cancelation is made during the 24-hour grace period which starts from when the rental is submitted. Please see cancellations and change of booking of reservation. If the Company must cancel Renter’s reservation, Renter will receive a full refund.
Payment for Renter’s rental must be received in full, unless otherwise agreed in writing, to confirm the booking slot. Company reserves the right to refuse reservations at its sole discretion.
Cancellations: Renter may cancel with full refund UP TO 24 HOURS after the booking is submitted if the rental date is NOT WITHIN 7 DAYS from the day it was booked. If cancellation is made before the 24-HOUR MARK from rental slot, credit may be used for future bookings, based upon availability, with rebooking fees that may be assessed accordingly. If cancellation is made WITHIN 24 HOURS of rental start time, all credits will be forfeited unless notated otherwise in writing from the Company.
Change of booking: If renter’s change booking before the 7 DAY MARK of the rental slot, full credit of that booking will be available for future bookings with no change fees. ANY CHANGES WITHIN THE 7 DAY MARK - 24HR PRIOR TO RENTAL SLOT, a rebooking fee will be assessed for use of the original full credit. Please send request via email or phone call to Company associate.
2. LENGTH OF USE
Two-hour minimum rental. Studio cleanup must be completed by the end of the rental period. If the studio is not satisfactorily returned to the state it was prior to the rental period, a clean-up fee will be assessed of $150.00. Overtime will be calculated in increments of 30 minutes beyond the contracted end-time of the rental period when renter is either still using or cleaning up the studio space. Overtime fees will be assessed as per the Negative Space Rentals prorated hourly rate. Do not arrive late – Renter’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time. There will be NO exceptions to this.
3. TERMS OF USE
Use of our studio and our equipment is AT RENTER’S OWN RISK. Renter hereby waives rights to seek legal redress for mishaps, accidents, and/or loss while on our premises. Renter agrees to leave the studio and adjacent grounds in the same condition as they were when Renter arrived. Renters are solely responsible for any legal infractions Renter or members of Renter’s party make during the conduct of the shoot, be they in our studio or elsewhere on the grounds. This includes all other violation or citations, and legal action resulting from the conduct of the shoot, taken at whatever time. Renter agrees to hold harmless Negative Space Rentals. its owner, agents, representatives, and contractors acting on its behalf for any loss, accident, or injury to Renter’s self or anyone who accompanies Renter while on our premises. Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter while on our premises. Renters are solely responsible for the safety and well-being of any party Renter engages. Renter understands that if the Company observes dangerous, pornographic, or negligent practices or activities the Company reserves the right to stop the shoot and require Renter and Renter’s party to leave immediately — HOWEVER, Company assumes NO RESPONSIBILITY to act in such cases. Renter agrees to hold Negative Space Rentals. its agents, representatives, and anyone acting on behalf of Company completely harmless from any action, legal or otherwise, that results from Renter’s conduct. Renters are solely responsible for verifying that all models employed during Renter’s rental period are of legal age for the activities they are to be engaged in. Company has no responsibility to determine or verify the age of participants in the renter’s activities but reserves the right to end those activities if it becomes aware that legal age violations are on-going. Renter agrees that a Company representative can be always present in the studio Renters are using it.
4. EQUIPMENT
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. Company is not liable for acts out of its control that affect the shoot, such as power outages, weather, or emergencies. In such cases, Company will credit a prorated portion of Renter’s payment.
5. ARBITRATION
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 Houston, Texas. 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, that they will faithfully observe this agreement and the Rules, and that they will abide by and perform any award rendered by the arbitrator, and that a judgment of the court having jurisdiction may be entered on the award.
6. MISCELLANY
This Agreement incorporates the entire understanding and agreement between the Client and the Company. 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 Texas shall govern this Agreement. The parties have read both this entire Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
7. DAMAGE
Renter shall be solely responsible for any damage or theft to Company’s property or equipment that occurs during the time Renter or his or her party occupies the Premises. Renter agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition. Renter agrees to pay for damage to the Premises including spills, excessive wear, marks or stains on furniture, fixtures, or painted surfaces. Any item within the Negative Space Rentals inventory found missing after the rental period will result in replacement cost being assessed to the Renter.
8. SMOKING
Smoking strictly prohibited. If evidence of smoking to include scent exists inside the space, a $350 cleaning fee will be assessed to the Renter.
9. CHILDREN
Children must be always supervised.
10. FLAME, FIRE, OR PYROTECHNICS
Open flame, fire and pyrotechnics are prohibited inside the facility and within the grounds of Negative Space Rentals.
11. RENTER RESPONSIBILITY
The Renter is responsible for all activities of Renter’s Party brought into the studio or premises and any infraction to this agreement to include any fee assessment.
It is strongly encouraged that the renter seeks usage agreements and model releases for all participating parties in the photo shoot.
12. RESTRICTION ON USE OF PREMISES AND FACILITIES
The use of the Premises and Facilities shall be limited to use by the Customer AND ONLY IN THE SPECIFIED AND BOOKED SPACE. THERE IS ABSOLUTELY NO PRODUCTION IN ANY PUBLIC COMMON AREAS OF THE BUILDING INCLUDING BUT NOT LIMITED TO THE LOBBY, OUTDOOR PATIO, FRONT ENTRANCE, ALL HALLWAYS, ELEVATOR, BACK DECK, AND SO FORTH. The production shall not exceed the total guest count agreed upon in your booking confirmation. Capacity headcount should take account of everyone in the rental, including the production team AND guest. The parties to this Agreement agree that the Premises and Facilities shall be used as legitimate business premises and for no other purpose and in accordance with the Rules and Regulations appended to this Agreement or otherwise promulgated by Company from time to time.