TERMS & CONDITIONS / STUDIO RULES
As a condition of the above-named MEMBER renting studio facilities and equipment of 6th Bridge Studio, Inc., the MEMBER hereby freely, voluntarily, and without duress executes the Release and Waiver of Liability under the following terms:
1. INDEMNITIES AND HOLD HARMLESS
The undersigned Member, 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 Member may have now or in the future against 6th Bridge Studio, its employees, directors, officers, insurers, agents, successors, and assigns of 6th Bridge Studio (collectively “6th Bridge Studio” 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 6th Bridge Studio;
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 6th Bridge Studio owners and/or staff;
c) to be liable for and to hold harmless and indemnify 6th Bridge Studio, 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 6th Bridge Studio’ facilities.
Member agrees to hold 6th Bridge Studio, its agents or owners, representatives, and anyone acting on behalf of 6th Bridge Studio completely harmless from any responsibility, action, legal or otherwise, that results from Member’s (or anyone related to the Member’s party) actions and conduct. Additionally, Member agrees to indemnify and hold harmless 6th Bridge Studio of any liability or responsibility for Member’s, or any of the Member’s associated party, behavior and conduct towards another person at any time while on 6th Bridge Studio’s property or general area of 6th Bridge Studio’ facilities.
2. MINORS
Members are solely responsible for verifying that all models employed during Member’s rental period are of legal age for the activities they are to be engaged in. Member agrees to be solely responsible for the conduct and welfare of all persons accompanying Member while on our premises. 6th Bridge Studio is not responsible for determining or verifying participants' age in the Member’s activities.
3. ACCEPTANCE OF RESPONSIBILITY
The Member 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 Member, INCLUDING BUT NOT LIMITED TO RELEVANT GUESTS, MODELS, ASSISTANTS, PHOTOGRAPHERS, OR FRIENDS). The Member freely accepts these risks and agrees to the terms of the Release, even if 6th Bridge Studio is found to be negligent or in breach of any duty of care or any obligation to the Member.
The Member agrees to responsibility for any loss (in the amount solely determined by 6th Bridge Studio ownership) or damage to the studio; or equipment on premises of the business resulting from the Member’s same (except for normal wear and tear). The Member agrees to pay repair or replacement costs for any such loss or damage within 48 hours of a claim from 6th Bridge Studio to the Member.
Use of 6th Bridge Studio’s facilities and equipment is at Member’s own risk. Members hereby waive rights to seek legal redress for mishaps, accidents, and/or loss while on our premises. Member agrees to leave the studio and adjacent grounds in the same condition as they were when Member arrived. Members are solely responsible for any legal infractions Member or members of Member’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 violations or citations, and legal action resulting from the conduct of the studio booking, taken at whatever time. Members are solely responsible for the safety and well-being of any models, production assistants, or any other person accompanying Member or engaged by Member.
4. AGREEMENT TO ARBITRATION
Suppose the parties are unable to resolve any controversy or claim arising under this Agreement. In that case, 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 Austin, 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.
Terms of Use
The Member (as the customer of 6th Bridge Studio) 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 6th Bridge Studio. 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, who dirty/damaged 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 6th Bridge Studio staff and/or management.
MINORS:
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 the accompaniment of a 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 the photography of a minor. 6th Bridge Studio is not liable for the violation of this policy.
5. RULES AND REGULATIONS:
1. Studios must be vacated on time. Set-up, breakdown, cleanup, and pack-up are all included in the reserved time that was scheduled and agreed to. Overtime fees are $50/hr and are billed in 15-minute increments. (For practical purposes, this means that if you are in the space from 30 min to an hour beyond your allotted time, your credit card will be billed an additional $50.00 in late fees.
2. At no time are customers to engage in any kind of unlawful activities while on the premises of 6th Bridge Studio.
3. All customers and related parties must read and take notice of on-site signage, and staff instructions and be kind to all other customers.
4. Any minor incidental damage incurred to the property of 6th Bridge Studio during the normal course of use is something that happens from time to time, and the customer will not be held liable. However, suppose damage occurs due to deliberate acts, carelessness, or unwarranted behavior. In that case, 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. The minimum repair is $50.
5. Canceled or rescheduled appointments made within 12 hours of appointment time will incur a $25 No-Show Fee. An appointment must be canceled or rescheduled. We do not offer refunds for unused memberships. All sales are final.
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 $25 cleaning fee. Smoking is not permitted inside the studio or anywhere within the building. You may be charged $200 if the evidence is found of smoking during your allotted time.
7. The equipment provided in each studio is printed out on a laminated form in each studio. All of the equipment provided is accounted for before and after each customer session. If anything is missing, the booking customer will be charged that item's retail “new” value. It is the customer’s responsibility to notify 6th Bridge Studio of any missing inventory/equipment before the session starts otherwise, the customer is held liable for any missing equipment/inventory at the session end.
8. Please also note that 6th Bridge Studio’s facilities are private spaces; however, security systems include cameras. Camera contents are never broadcast, shared, or used in any other way than to provide risk management for 6th Bridge Studio’s assets, employees, and customers. Your privacy is just as important to us as your safety, and 6th Bridge Studio 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.
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 a greater force, clearly beyond that party’s control and not a consequence of that party’s fault or negligence, or when the reason for the said claim could be avoided by the exercise of due care by that party.
10. If a representative or group should violate any items of this agreement, 6th Bridge Studio staff will have the right to terminate their occupancy immediately as well as deny them services in the future.
11. 6th Bridge Studio 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 6th Bridge Studio access to the equipment and/or studio. Suppose a breach of any of the provisions of the Rental Contract occurs. In that case, 6th Bridge Studio has the right to revoke your access to the equipment and/or studio without any liability to you and without prejudice to 6th Bridge Studio.
12. Members must respect adjacent businesses and tenants and follow building rules at all times within the facility. Noise levels must be kept to a minimum at all times while using the space. Complaints from nearby tenants or by the building landlord will result in immediate membership termination. Members are responsible for ensuring the studio is closed during and upon leaving their session. Members are not allowed to congregate in hallway spaces.