Terms of service.

TERMS & CONDITIONS / STUDIO RULES

As a condition of renting the studio facilities and equipment of ‘The Studio SA’, the RENTER hereafter referred to as RENTER hereby freely, voluntarily, and without duress executes the Release and Waiver of Liability under the following terms:

1. INDEMNITIES AND HOLD HARMLESS

The RENTER, on his/her own behalf of his/her heirs, next of kin, executors, administrators, personal representatives, and assigns, does hereby agree:

a) to waive all claims that the RENTER may have now or in the future against The Studio SA, its employees, directors, officers, insurers, agents, successors, and assigns of The Studio SA (collectively “The Studio SA” or the “Released Parties”) with respect to the above mentioned rental, including, but not limited to, claims arising as a result of equipment malfunction or failure, accidents, falls, or any other damage(s)/accidents or any other cause while on the premises of The Studio SA;

b) to release and forever discharge the Released Parties from all liability for personal injury, death, property damage or loss 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 any duty imposed by law, breach of contract, mistake(s), action, lack of action, or error of judgment on the part of The Studio SA owners and/or staff;

c) to be liable for and to hold harmless and indemnify The Studio SA, its ownership, and staff from all actions, proceedings, claims, damages, costs, demands, including hospital costs, court costs, arbitration or legal fees, and liabilities of whatever nature or kind arising out of or in any way connected with the rental or any behavior exhibited during the rental session at The Studio SA’s facilities.

d) RENTER agrees to hold The Studio SA, its agents or owners, representatives, and anyone acting on behalf of The Studio SA completely harmless from any responsibility, action, legal or otherwise, that results from RENTER’s (or anyone related to the RENTER’s party) actions and conduct. Additionally, RENTER agrees to indemnify and hold harmless The Studio SA, of any liability or responsibility for RENTER’s, or any of the RENTER’s associated party, behavior and conduct towards another person at any time while on The Studio SA’s property or general area of The Studio SA’s facilities.

2. MINORS

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. RENTER agrees to be solely responsible for the conduct and welfare of all persons accompanying RENTER while on our premises. The Studio SA has no responsibility to determine or verify the age of participants in the RENTER’s activities.

If you are under eighteen (18) years of age, the parent or legal guardian who executes this agreement on your behalf agrees that both you and the parent or legal guardian shall be subject to all the terms and conditions set forth in this agreement. *No minors are allowed in the photography studio without accompaniment of parent or legal guardian. If you violate this policy, not only are you subject to being barred from future use of the studio, but are also hereby notified that you assume full liability for any and all litigation outcomes associated with photography of a minor. The Studio SA is not liable for violation of this policy.

3. ACCEPTANCE OF RESPONSIBILITY

The RENTER hereby accepts and assumes all responsibility for all risks associated with and/or resulting in his/her use of the premises and equipment (THIS INCLUDES ALL PERSONS ASSOCIATED WITH THE RENTER, INCLUDING BUT NOT LIMITED TO RELEVANT GUESTS, MODELS, ASSISTANTS, PHOTOGRAPHERS, OR FRIENDS). The RENTER freely accepts these risks and agrees to the terms of the Release, even if The Studio SA is found to be negligent or in breach of any duty of care or any obligation to the RENTER.

The RENTER agrees responsibility for any loss (in the amount solely determined by The Studio SA) or damage to the studio; equipment on premises of the business resulting from the RENTER’s same (except for normal wear and tear). The RENTER agrees to pay the costs of repair or replacement for any such loss or damage within 48 hours of a claim from The Studio SA to the RENTER.

Use of The Studio SA facilities and 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 RENTERs of RENTER’s party make during the conduct of the scheduled booking, be they in our studio or elsewhere. This includes parking tickets, claims of personal abuse, or all other violation or citations, and legal action resulting from the conduct of the studio booking, taken at whatever time. RENTERs are solely responsible for the safety and well-being of any models, production assistants, or any other personnel accompanying RENTER or engaged by RENTER.

4. AGREEMENT TO 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 Bexar County, San Antonio, 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. The prevailing party in any such arbitration shall be entitled to an award of reasonable attorney’s fees and costs in addition to any other relief granted.

5. TERMS OF USE

The RENTER (as the customer of The Studio SA) assumes responsibility for yourself and any other individuals who enter the rented studio space during your designated time and agree to follow the rules and regulations of The Studio SA. You also agree that your credit card will be billed for any charges resulting from your usage of the facility, which includes but is not limited to missing gear upon checkout, negligence that results in the gear or the studio being damaged, or any overage in time. Scratches/dents to photography lights or other equipment will result in a minimum damage fee of $50. Please make sure to advise your crew to be careful. For those persons associated with renting the photography studio by the hour, including the booking customer and/or anyone with the booking customer’s party, dirty/damage more than the allotted 4ft. of seamless paper, the booking customer may be billed $1.50 per linear foot if deemed as an appropriate charge by The Studio SA staff and/or management.

6. RULES AND REGULATIONS:

6.1. Studios must be vacated on time. Set-up, breakdown, cleanup, pack-up are all included in the reserved time that was scheduled and agreed to. Overtime fees are $25 per 15 minute increments. (For practical purposes, this means that if you are in the space from 16 to 30 minutes beyond your allotted time, your credit card will be billed an additional $50.00 in late fees. 31 to 45 minutes over will incur a fee of $75.00, etc…)

6.2. At no time are customers to engage in any kind of unlawful activities while on the premises of The Studio SA.

6.3. All customers and related parties must read and take notice of on-site signage, staff instructions, and be kind to all other customers.

6.4. Any minor incidental damage incurred to the property of The Studio SA during the normal course of use is something that happens from time to time and the customer will not be held liable. However, if damage occurs due to deliberate acts, carelessness, or unwarranted behavior, the customer’s credit card will be charged for the damage even if the cardholder did not personally damage any property. The cardholder is responsible for the entire party that accompanies the cardholder. If the credit card on file is not able to be charged for any reason, you hereby authorize other means of collection. Minimum repair is $50.

6.5 Cancelled or rescheduled appointments made within 12 hours of appointment time will incur a $25 No-Show Fee. An appointment must be cancelled or rescheduled via the RENTER’s own portal, or via Live Chat only. We do not offer refunds for unused time. All sales are final.

6.6. Please leave the studio as you found it…if cleaning/re-organizing/adjusting is necessary to return the studio to its original state, you may be charged a $60 cleaning fee. Smoking is not permitted inside the studio or anywhere within the building. You may be charged $200 if evidence is found of smoking during your allotted time.

6.7. The equipment provided in each studio is printed out on a laminated form. All of the equipment provided is accounted for before and after each customer session. If anything is missing, the booking customer will be charged the retail “new” value for that item. It is the customer’s responsibility to notify The Studio SA of any missing inventory/equipment before the session starts otherwise the customer is held liable for any missing equipment/inventory at session end.

6.8. Please also note that The Studio SA’s facilities are private spaces; however, there are security systems in place that include cameras. Camera contents are never broadcast, shared, or used in any other way than to provide risk management for The Studio SA’s assets, employees, and customers. Your privacy is just as important to us as your safety and The Studio SA agrees to this promise of privacy. You and any associates that are with you as the “booking party” are hereby notified of these security systems. Tampering or in any way manipulating security system equipment may result in criminal charges.

6.9. FORCE MAJEURE: Neither party shall be liable to the other party for failure or delay to meet any obligation under the terms or conditions of this Agreement when such a claim is attributable to causes by greater force, clearly beyond that party’s control and not a consequence of that party’s fault or negligence, or when the reason for said claim could be avoided by the exercise of due care by that party.

6.10. If a representative or group should violate any items of this agreement, The Studio SA staff will have the right to terminate their occupancy immediately as well as deny them services in the future.

6.11. The Studio SA staff shall have the right to inspect the equipment and/or studio at any time during the rental term. You shall make any and all arrangements necessary to permit an employee of The Studio SA access to the equipment and/or studio. If a breach of any of the provisions of the Rental Contract occurs, The Studio SA has the right to revoke your access to the equipment and/or studio without any liability to you, and without prejudice to The Studio SA.

6.12. RENTERs must be respectful of adjacent businesses, tenants, and must follow building rules at all times within the facility. Noise level must be kept to a minimum at all times while using the space. Complaints from nearby tenants or by building landlord will result in immediate session termination and potential denial of future rentals. RENTERs are responsible in ensuring the studio is closed during and upon leaving their session. RENTERs are not allowed to congregate in building front spaces or common areas.