Terms and Conditions
A. RATES | OVERAGES
Rental rates are set by the most current version of the Rental Rate Sheet in effect at the time of signing and are subject to change without notice. Rental periods are pre-arranged at the time of booking. Photographer’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. 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 rental contract. Additional fees may apply. Early or extended hours must be worked out and paid for in advance before rental period begins.
B. PAYMENT POLICY
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. Unless the rental totals more than $600, a deposit of 50% may be made to confirm and hold the reservation. The remainder will be due before the end of the rental session(s). In the case of additional equipment rental added on the shoot day, the rental fee plus damage deposit must be paid by credit card or cash deposit at the time of rental. Unused deposits will be returned within 14 days after the rental concludes. All deposits must be received before use of any space unless prior arrangements have been made through Management. All first time clients will need to reserve the studio with a major credit card before occupying the studio. This credit card is NOT kept on file for the Photographer. If the Photographer does not pay the rental fee before the specified start time the rental is not granted.
C. CANCELLATION POLICY
Rental time of 1-3 hours requires no less than 48 hours notice for cancellation.
Rental time of 3.5-7.5 hours requires no less than 72 hours notice for cancellation.
Rental time of 8 or more hours in one booking requires no less than a 7 day notice for cancellation.
Established clients who hold space on a regular basis are required to cancel no less than 72 hours prior.
Any rental block of more than 5 days with a block of 6-8 hours per day requires no less than a 2 week notice for cancellation.
All invoices totaling $2000 or more must be paid 15 days prior and require a 15-day cancellation notice.
If the above timeline is not followed, Management reserves the right not to return any deposit refunds or issue a credit. Photographer will be charged the full amount for the rental if the space is cancelled late. All cancellations must be done by phone during business hours. Please note your cancellation number given to you at the time of cancellation in order to receive proper credit if applicable.
Photographer understands that if the Company observes dangerous, pornographic, or negligent practices or activities are being engaged in the Premises, Company reserves the right to stop the shoot and require Photographer and Photographers’s party to leave immediately — HOWEVER, Company assumes NO RESPONSIBILITY to act in such cases. Photographer agrees to hold City Studio STL, its agents, representatives, and anyone acting on behalf of Company completely harmless from any action, legal or otherwise, that results from Photographer’s conduct. Photographer is solely responsible for verifying that all models employed during Photographer’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. Photographer agrees that someone a Company representative will be present in the studio at all times Photographer is using it.
F. ELECTRICAL USAGE | CLEANING & TRASH
Studio rental fee is based on the use of strobe lighting. If hot lights (LED lights are excluded) are used there will be an additional power usage fee charged according to the current rate sheet. Photographer agrees to leave the Premises and all contents and fixtures in the same condition as they were when Photographer arrived. Company will dispose of trash collected in the supplied trash cans. Photographer must discard larger items, such as personal props and set pieces. Disposal of large amounts of garbage due to large sets may also accrue additional costs. All items brought to the Premises by Photographer are to be removed by Photographer. 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 the Photographer, at the discretion of the Company. If Photographer does not return Premises to the order and cleanliness found when Photographer arrived, Company will charge at minimum a $100 cleaning fee to be withheld from the cleaning/damage deposit.
H. STUDIO RULES | CONDUCT
No smoking whatsoever is allowed in the building or within 20 feet of any entrance.
No nudity within 15ft of windows or within clear sight of any property of the City Museum or line-of-sight of public places, streets or parking lots.
No alcoholic beverages or non-prescription or illegal drugs
Music/voices are to be kept at reasonable levels and not contain vulgar or offensive lyrics or words.
No one will be admitted who is drunk or under the influence of illegal substances
No pets allowed without prior consent of a Company representative
No painting is allowed anywhere in the studio or the premises of the building.
Premises is an artist live/work building and we maintain a professional, livable environment. Photographer is only allowed in the hallways of the ground floor and the floor the Company operates from. Photographer is not allowed on any other floor or anywhere else on the Premises without the written permission of SC WideFund. Photographer shall be solely responsible for the conduct and welfare of all persons accompanying Photographer while on Company’s Premises. Photographer agrees that a Company representative may, at Company’s sole discretion, be present at all times including fees. 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 Photographer and Photographer’s party to leave immediately. The authorities will be alerted to any illegal activities witnessed by the Company representative. In such case no refund will be given for unused time. However, Company and its representatives assume no responsibility to act in such cases.
I.WAIVER OF LIABILITY | INSURANCE & DAMAGE
Use of Company’s Premises and equipment is at Photographer’s risk. Photographer hereby agrees that Company will not be held liable for any direct, indirect, incidental or consequential damage, injury or loss to Photographer, his party or possessions while on the Premises. Photographer 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. Businesses, Corporations, Production Companies and other legal entities may be required, prior to rental, to present a certificate of general liability insurance naming City Studio STL dba Wesley Law, LLC as additionally insured on the dates of the rental. If so required, Photographer’s liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit. Liability insurance shall be Commercial General Liability with a minimum of $1,000,000 per occurrence & annual aggregate. Photographer shall be solely responsible for any damage to Company’s property or equipment that occurs during the time Photographer or his party occupies the Premises. Damage deposits will be held until repairs can be made. If the damage exceeds the amount of the damage deposit, Photographer agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition. Photographer agrees to pay for damage to the Premises including spills, excessive wear, marks or stains on furniture, fixtures or painted surfaces.
Company agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Photographer’s purposes. Photographer shall notify Company immediately of any malfunction, damage or other issues with the equipment. There is no studio phone service provided. Photographer is advised to bring a cell phone. WiFi internet service is available during the rental period. Code for access will be provided on the premises.
O. FORCE MAJEURE (Acts of God/War) | ARBITRATION & MISCELLANY
Force Majeure describes an event that is outside of human control. Within contractual relations, this clause limits liability for both parties regarding cancellations, damages, losses, or injuries due to an extraordinary event or circumstance. Common events stated in these clauses often include acts of God, war, natural disasters, strikes, civil disorder, and curtailment of transportation facilities. In the wake of COVID-19, it is now imperative to include ‘Pandemic’, ‘Outbreak’, and ‘Government Regulations’ to this clause. This will free both parties of liability of a future outbreak of this nature. This is especially recommended as the scientific proof of the second wave of COVID-19 continues to rise. 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 St. Louis City, Missouri. 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 $100. Photographer 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 Photographer. 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 Missouri shall govern this Agreement. The following signatures constitute a legal and binding Agreement between Photographer and Company.