STUDIO RENTAL AGREEMENT
Below is generally all basic good human stuff, but worth noting that by checking the box “I have read the Studio Rental Agreement and entering the studios you are legally agreeing to the terms below. You, as the RENTER are renting studio facilities and equipment at the studio of Jen Allison Photography and hereby freely, voluntarily, and without duress execute the Release and Waiver of Liability under the following terms:
1. INDEMNITIES AND HOLD HARMLESS
The Renter, on their own behalf of their 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 Jen Allison Photography, its employees, directors, officers, insurers, agents, successors, and assigns of Jen Allison Photography (collectively “Jen Allison Photography” 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 at Jen Allison Photography ;
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 Jen Allison Photography owners and/or staff;
c) to be liable for and to hold harmless and indemnify Jen Allison Photography, 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 Jen Allison Photography’ facilities.
Renter agrees to hold Jen Allison Photography, its agents or owners, representatives, and anyone acting on behalf of Jen Allison Photography 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 Jen Allison Photography, 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 Jen Allison Photography’ property or general area of Jen Allison Photography’ 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. If minors are entering the premises, they must do so under the supervision of their parent, guardian or caregiver. Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter while on our premises. Jen Allison Photography has no responsibility to determine or verify the age of participants in the Renter’s activities.
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 Jen Allison Photography 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 Jen Allison Photography ownership) 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 Jen Allison Photography to the Renter.
Use of Jen Allison Photography’s 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 members 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 Canadian Arbitration Association. This arbitration will take place in Toronto, Ontario. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the Canadian 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 Renter (as the customer of Jen Allison Photography) 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 Jen Allison Photography. 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 walls, canvas backdrops, installations, photography lights or other equipment will result in a minimum damage fee of $50 CAD +HST. Please make sure to advise your crew to be careful. If the Renter books the additional seamless paper of 8ft for $100CAD+HST, any persons associated with renting the photography studio, including the booking customer and/or anyone with the booking customer’s party, dirty/damage more than the rented allotted 8ft. of seamless paper, the booking customer may be billed $1.25 CAD + HST per linear foot if deemed as an appropriate charge by Jen Allison Photography 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 unless supervised by their parent, caregiver or 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 an unsupervised minor. Jen Allison Photography is not liable for violation of this policy.
RULES AND REGULATIONS:
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. The studio books in 1 hour increments, and therefore overtime starts exactly on the hour. Overtime fees are $100/hr and are billed in 15-minute increments. (For practical purposes, this means that if you are in the space from 1 to 15 minutes beyond your allotted time, your credit card will be billed an additional $25+HST in late fees. 16 to 30 minutes over will incur a fee of $50.00+HSTf, etc…)
2. At no time are customers to engage in any kind of unlawful activities while on the premises of Jen Allison Photography. The studio cannot be used to shoot pornographic material. Smoking, recreational drugs and intoxication are strictly prohibited on-site. For safety, there can be no photo sessions with an open flame (i.e. birthday candles). There is a fire extinguisher visible in the suite.
3. All customers and related parties must read and take notice of on-site signage, staff instructions, and be kind to all other customers.
4. Any minor incidental damage incurred to the property of Jen Allison Photography 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.
5. All bookings have to be paid in full at the time of the booking. Jen Allison Photography offers studio credit for cancelled bookings – there are no refunds. Cancellations to your reservation made with:
Less than 24 hours' notice will be charged in full, you will be liable for the full value of the booking.
24-48 hours' notice of your booking date, a rescheduled fee of 50% will be added to your booking.
Cancelled bookings with a credit on file must be rescheduled within 12 months of the cancelled date. After 12 months, the credit is no longer applicable.
After 3 consecutive cancellations within 12 months, your session will not be refunded or credited.
Thank you for your understanding of the difficult intricacies of scheduling a creative space like this.
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 $30 cleaning fee. Smoking is not permitted inside the facility.
7. You must have your own insurance to operate onsite with your clients. By checking As a condition of checking the box “I have read the Studio Rental Agreement” on the studio booking form, you, the RENTER are also agreeing that you have your own insurance to operate onsite with your clients. If you do not, you can reach out to Jen Allison Photography for an alternative option for booking. If it is determined after your rental that you did not have insurance you mau lose of future access to the studio.
8. The equipment provided in each studio is printed out on a form in the studio. All of the equipment provided is accounted for before and after each customer session. Things happen, but we expect you to take responsibility for any damages that occur while using the equipment. If anything is missing, the booking customer will be charged the retail “new” value for that item. Each studio has a form for the customer to review the inventory at the start of their session at Jen Allison Photography. It is the customer’s responsibility to notify Jen Allison Photography of any missing inventory/equipment before the session starts otherwise the customer is held liable for any missing equipment/inventory at the session end.
Return all furniture and props to their original positions before leaving the studio.
Avoid dragging furniture across the floor to prevent damage. Lift furniture with the assistance of a friend if needed.
If any furniture or props are rearranged during the shoot, ensure they are returned to their original positions in the same condition.
Any additional charges for cleaning or reorganization due to improper furniture or prop placement will be a minimum of $75/hr (depending on the extent of the mess).
9. Please also note that Jen Allison Photography’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 Jen Allison Photography’s assets, employees, and customers. Your privacy is just as important to us as your safety and Jen Allison Photography agrees to this promise of privacy. You and any associates who 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.
10. 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.
11. If a representative or group should violate any items of this agreement, Jen Allison Photography staff will have the right to terminate their occupancy immediately as well as deny them services in the future.
12. Jen Allison Photography 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 Jen Allison Photography access to the equipment and/or studio. If a breach of any of the provisions of the Rental Contract occurs, Jen Allison Photography has the right to revoke your access to the equipment and/or studio without any liability to you, and without prejudice to Jen Allison Photography.
13. Jen Allison Photography will provide the Renter with a security code to enter the studio within 24 hours before the studio booking. The Renter agrees to not share or use this code outside of the Renters agreed upon booking time. Renters are responsible for locking the door behind them as they leave. Failure to do so may result in additional fees and/or loss of future access to the studio.
14. Studio bookings are for up to 10 people. If you plan to be more than 10 people, you can use the add-ons on the booking page to indicate how many people will be in the space. There is a 20-person capacity.
15. PETS are not allowed in the studio space unless pre-approved by Jen Allison Photography.
16. Out of respect for our building neighbours please keep the noise level to a reasonable volume, including any use of music.
17. Lost Property. We are not responsible for any personal property left behind that does not belong to the studio. Efforts will be made to locate and hold forgotten items for pickup.
18. Your booking is not confirmed until you receive a confirmation of booking email from Jen Allison Photography.
Please note that these rules are intended to create a clean, organized, and respectful environment for all studio users. It's important to communicate these rules clearly to your people and ensure they understand and adhere to them during their rental period.