Terms and Conditions
TERMS AND CONDITIONS OF STUDIO & EQUIPMENT RENTAL
1 / CLIENT ACCOUNT & RESERVATIONS / An active client account and confirmed reservation requires a signed rental agreement, photo ID, valid credit card, payment in full for the Total Studio Rate, and valid Certificate of Insurance (for applicable rentals as determined by Brooklyn Grain).
2 / INSURANCE / If required for my booking, I agree to supply Studio with a Certificate of Insurance on a standard Acord form with the following:
General liability in the amount of $1,000,000.00, each occurrence.
Description Section states “Certificate Holder is included as additional insured and loss payee.”
Certificate Holder box states: Brooklyn Grain, LLC / 1166 Manhattan Avenue, #302 / Brooklyn, NY 11222
Coverage for “MISC RENTED EQUIP” covering the value of equipment you intend to rent and names the Certificate Holder as loss payee.
The named insured on the certificate must match exactly the contracted party for studio and equipment rental. Third party certificates are not accepted without specific approval and are subject to further contractual agreement. Client inability to supply a valid COI does not provide grounds for refund of any payment or deposit. Brooklyn Grain reserves the right to decline or cancel any booking that fails to meet the above COI requirements.
3 / PAYMENT / Payment in full for the Total Studio Rate is required to confirm a booking request. Payment in full for all reserved equipment and services is due prior to rental period. Upon receipt from Client of signed rental agreement & credit card authorization, Studio will charge the Total Studio Rate to the credit card on file with the account. Within 24 hours prior to the beginning of rental term Studio will charge the card on file for any other fees and requested services including equipment orders, additional studio rental, messengers, storage, or any other associated services necessary to fill Renter requests. For any additional charges incurred during the rental term Studio will email invoice to Renter within three business days for review. If no revision requests are received within three days of sending invoice, Renter authorizes Studio to charge the balance to the credit card on file with the account.
4 / CREDIT CARD / A valid credit card is required for all studio bookings and equipment rental. Renter authorizes Brooklyn Grain to process any unpaid balance three days after emailing Renter the invoice for review, if no revision requests are received and approved within three days. Renter authorizes Brooklyn Grain to pre-authorize any amount up to the combined value of rented equipment, studio rental, and any required security deposit.
5 / CANCELLATIONS / All cancellation requests received at least 7 days prior to the first date of reservation will receive a full refund of the Total Studio Rate minus 15% processing fee. Cancellation requests received less than 7 days prior to the first date of reservation are nonrefundable. All cancellation requests must be made via email. Brooklyn Grain reserves the right to reschedule or cancel the rental of any Studio, Equipment and/or any Services with or without advance notice for any reason related to COVID-19 including any guidelines issued by The Centers for Disease Control and Prevention (the “CDC”), any government order, request or recommendation, or any actual or potential infection among any of the personnel of Brooklyn Grain or its agents, contractors, clients or other persons that come into contact with any Studio or Equipment. In the event of any such cancellation, Brooklyn Grain shall provide a refund for amounts paid by Client for the unused and cancelled rentals and/or Services.
6 / RESCHEDULED DATES / Dates can be rescheduled at the sole discretion of Brooklyn Grain, based on studio availability. All rescheduled dates are subject to a $300 rescheduling fee. Rescheduled dates made within 7 days of the first date of reservation are treated as cancellations and result in forfeiture of the Total Studio Rate as outlined in the Cancellation section of this agreement (5). All reschedule requests must be made via email.
7 / RENTAL TIME / Regular studio rental hours are 8am-7pm. Rentals that extend before or after these hours are subject to overtime charges, per the current overtime rates. The exact rental times are determined and scheduled at the time of reservation and can be rescheduled at the sole discretion of Brooklyn Grain, based on studio availability. Rental begins and ends at the predetermined, scheduled times and rental durations are not determined by client’s actual arrival or departure time. Rental times include load-in, set-up, tear-down, and load-out. Early arrivals and late exits are subject to overtime billing. Refunds will not be issued for time unused or no-shows. If your shoot ends prior to the end time as identified on the booking confirmation the total studio rate still applies in full.
8 / OVERTIME / There is a 15 minute grace period at the beginning and end of each rental, after which the overtime rate will apply, billed in hourly increments. Studio arrivals earlier than 15 minutes by any team member prior to scheduled shoot are subject to overtime rates, as are departures more than 15 minutes after scheduled shoot end. Overtime may be added at the discretion of Brooklyn Grain. Standard shoot hours are 8am-7pm. All other hours subject to overtime billing at the rates indicated on the Booking Confirmation. Studios are not accessible between 12am-6am. An early start surcharge of $150 + overtime applies to shoots with call times prior to 8am.
9 / INCIDENTAL CHARGES / Renter acknowledges that any requests made by any team member for additional equipment, styling & production items, supplies, or additional services such as holding-over items or delivery, or any other requests, are subject to additional costs and fees. Renter acknowledges that it is renter’s responsibility to advise all team members of this policy and places no obligation on Studio staff to obtain Renter’s approval to fill requests from team members or to advise on cost. Renter authorizes Studio to process payment for additional charges incurred by filling team member’s requests using the card on file with the account three days after presenting Renter with an itemized invoice for review.
10 / USAGE / Studio usage is limited to photo and video shoots. Any other usage is prohibited. Specific usage is indicated for each booking on the Booking Confirmation. Client agrees to use the studio exclusively for the usage indicated on the Booking Confirmation. Client agrees that any usage other than what is indicated on the Booking Confirmation is subject to additional billing pursuant to current rates.
11 / OCCUPANCY / Renter agrees to abide by the following total occupancy limits: Studio A occupancy is 18 maximum, Studio B occupancy is 8 maximum, and Studio C occupancy is 25 maximum. Renter agrees that if occupancy exceeds these maximums that occupants will be asked to leave by a studio representative to meet occupancy limits and renter agrees to comply without objection.
12 / HOT-LIGHT ELECTRICITY SURCHARGE / Any usage of HMI or Tungsten lighting in a still photo production or motion video production is subject to an added electricity usage surcharge of $25 per 1K light. Renter acknowledges that if HMI or Tungsten lighting is used that a surcharge of $25 per 1K light will be billed to the account and agrees to pay upon receipt of invoice.
13 / CLIENT LIABILITY / Renter agrees to accept full responsibility for repair and/or replacement costs of damages to equipment, studio, fixtures, furniture, and building caused by renter, renter's assistants, renter’s employees, renter’s guests, or renter’s subjects.
14 / CLEANING FEE / Renter agrees to leave the studio in the condition it was provided or a cleaning fee of at least $300 will be billed, the exact amount based on condition as determined by Studio staff post-shoot. Any items outside of standard food waste and office trash shall be considered specialty trash and subject to additional disposal or carting fees. Any and all usage of loose glitter or confetti requires prior approval and is subject to a cleaning fee of at least $300. A $100 cleaning fee automatically applies for all food and beverage shoots.
15 / CYCLORAMA / For bookings utilizing the cyclorama client agrees that the cyclorama is to be used for the sole purpose of shooting photo or video. Any other usage is strictly prohibited. Renter agrees not to paint the cyclorama. Renter agrees that at no time will any subject, equipment, crew member, or guest be on or near the ‘radius’ of cyclorama. Renter agrees that at no time will any liquids be present on or around the cyclorama. Renter agrees that no items will be taped or otherwise affixed to the wall of the cyclorama. Renter agrees that any usage of or damage to the cyclorama that requires more than painting the floor is subject to a charge equal to the cost of repair or replacement, as well as the cost of any studio reservations that must be rescheduled due to cyclorama damage. Client agrees that any usage of the cyclorama that requires repainting of the cyclorama wall will incur an additional painting fee of $200.
16 / ALTERATIONS / Renter is not permitted to nail, screw, or otherwise affix items to the cyclorama, walls, ceilings, fixtures or furniture, nor make any other such alterations without prior written consent from Brooklyn Grain. Renter is not permitted to relocate plants or furniture without prior written consent from Brooklyn Grain. Renter acknowledges that relocating any plant or furniture without prior consent from Brooklyn Grain is subject to a fee of $300 in addition to the cost of replacement for any damaged item. Brooklyn Grain has no obligation to change or decorate the Studios for your use. You may not make any changes to the Studios, Building or Equipment without our prior written consent. Only Studio personnel are allowed to paint any surfaces, including but not limited to cycloramas, walls, floors, ceilings, apple boxes, furniture, set cubes and set walls.
17 / SET FABRICATION / No set fabrication is permitted within or around the studio or building including hallways and sidewalk. This includes but is not limited to sawing, painting, screwing, hammering, and sanding any elements of the set design. All elements of set design must be prefabricated prior to entering studio.
18 / QUIET ENJOYMENT / Renter agrees to keep noise and music volume at a level that will not disturb other tenants in the building nor other studio guests. If a request is made by Brooklyn Grain or other building occupants to decrease volume levels, Renter agrees to comply without objection. Live musical instrumentation is NOT permitted.
19 / DRUG AND ALCOHOL / Drug and alcohol consumption is not permitted on the premises. Illegal substances are not permitted on the premises. Anyone with illegal substances will be required to leave and authorities will be notified for compliance as necessary.
20 / AUDIO RECORDING / Renter acknowledges that Studios are not sound-proof and may not be appropriate for productions recording sound. Renter understands and agrees that Brooklyn Grain makes no claim to the suitability of the facilities for recording audio and is under no obligation to create special audio-recording conditions. Client assumes all risk for productions requiring audio recording. Client’s inability to satisfactorily record audio does not entitle client to any refund or offset of studio rate.
21 / SPECIAL EFFECTS, LIQUIDS, FOG, GLITTER / Usage of any liquids as a production element (including but not limited to water, oil, beverages, etc) or specialty set items (including but not limited to sand, soil, dirt, gravel, etc) requires prior approval from Studio and is subject to additional billing. Liquids are not permitted on the cyclorama for any length of time under any circumstances. Any and all usage of loose glitter or confetti requires prior approval and is subject to a cleaning fee of at least $300. Any usage of foggers, hazers, fire, smoke or pyrotechnics is strictly prohibited.
22 / ANIMALS / Renter agrees to not bring any animals into the studio or building without prior written consent from Brooklyn Grain. Having animals on the premises for any length of time is subject to additional cleaning charges.
23 / SMOKING AND OPEN FLAME / No smoking or lit smoking devices permitted in the studios or building, including hallways, bathrooms, stairways, building entryway, and landings. A $500 fee will be charged for lit cigarettes and other smoking devices in the above mentioned areas. No open flame including candles are permitted on the premises. This policy is strictly enforced.
24 / PARCEL DELIVERY & STORAGE / Parcel delivery and storage can be accommodated at the discretion of Studio and must be arranged in advance. Studio is not responsible for lost, stolen, or damaged personal property. If approval is granted to store items, Client is responsible for packaging all items so they are well protected for handling/moving into storage areas and are labeled stating the destination and contact information for each piece. Renter agrees to release Brooklyn Grain from all liability for lost or damaged parcels intended for renter or renter’s affiliates. All stored items are subject to storage fees.
25 / MODEL AGE / Renter agrees to use models of legal age (18 years old) in the studio. Renter assumes full responsibility for ensuring the validity of age verification the model produces. Renter agrees not to hold Brooklyn Grain liable in the case of an invalid ID or any other form of age validation.
26 / ELECTRONIC COMMUNICATIONS / Sending emails and exchanging attached documents via email to and from Brooklyn Grain constitutes electronic communications. Renter consents to receive electronic communications and agrees that all agreements, notices, disclosures and other communications that we provide to renter electronically, via email and as attachments, satisfy any legal requirement that such communications be in writing.
27 / SECURITY CAMERAS / Renter acknowledges that 24 security cameras are in use throughout the facilities.
28 / INDEMNIFICATION / Client shall use the Studio and Equipment at its own risk. Client shall indemnify, hold harmless and defend, Company and all of its employees, members, shareholders, directors, affiliates and subsidiaries against any and all claims, actions, damages, liabilities and expenses (including reasonable attorneys fees and costs) arising out of or in connection with this Agreement (which includes without limitation the use of the Equipment). Said indemnity and defense obligations shall apply whether or not said claims also arise out of the concurrent act, omission, or negligence of the Company, whether active or passive. However, the obligations will not be deemed to apply to the extent the Claims arise out of, pertain to, or relate to the active negligence or willful misconduct of Company. Client agrees that its duty to defend Company shall be immediate upon Company’s written notification to Client of a pending claim potentially falling within the scope of this Agreement. Client agrees that its immediate duty to defend Company is not contingent upon a finding of negligence, in accordance with New York Law. Client’s indemnification and defense obligations hereunder shall extend to claims after this Agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the Company for such matters which are indemnified hereunder are fully and finally barred by applicable Laws.
29 / LIABILITY FOR RISK / Client, on behalf of itself and all Client Personnel, understands the risks and dangers posed by COVID-19. Client acknowledges reading and understanding Brooklyn Grain’s protocols, rules, and mitigation efforts regarding COVID-19. Client agrees that it alone is responsible for its safety and that of Client’s Personnel while using any Studio, any Equipment and/or any Services. With full awareness and acknowledgment of the risks involved, Client hereby forever releases, waives, discharges, and covenants not to sue Brooklyn Grain, its owners, directors, officers, agents, independent contractors, affiliates, and employees (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, illness, or injury, including death, that may be suffered or sustained by Client and arising from or related to COVID-19 or any other diseases, whether caused by the negligence of any of the Released Parties, any partner, client or vendor of the Company, or otherwise, while participating in any activity with the Released Parties and/or while using the any services, facilities, tools, equipment, or materials of the Released Parties, including, without limitation, any Studio, Equipment and/or Services.
30 / EQUIPMENT RESERVATIONS & RETURNS / Brooklyn Grain sub-rents some equipment from outside vendors. All equipment rental requires a reservation at least two business days prior to rental period. Equipment orders received less than two business days prior to rental period are subject to rush processing fees. Brooklyn Grain cannot guarantee the ability to procure equipment requests made less than two business days prior to rental period. The full balance is due prior to shoot for all reserved equipment, regardless of whether or not it is used. There is no return option on day of shoot for unused equipment.
31 / EQUIPMENT PAYMENT / Payment for reserved equipment is due prior to shoot. Reserved equipment will not be released with an outstanding balance.
32 / SELECTION / Client is solely responsible for the selection of Equipment. If the Client has received recommendations from the Company or the Company's agent, the Client shall be responsible for all performance and/or failure to perform of such Equipment. The Company disclaims any and all warranties, including, without limitation, any implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
33 / CONDITION / All Equipment is offered for inspection. Client acknowledges that it has inspected and tested the Equipment as of the start of the rental and that all Equipment is in good working order and acceptable to Client. Client shall inspect and test all Equipment prior to each use. If at the start of the rental, any of the Equipment is not in good working order or acceptable to Client, Client must immediately provide a written description of any alleged damage to or problems with the Equipment and immediately deliver the description to Company. If the Company receives a written Equipment damage description from Client, Company has the option of substituting other like Equipment in exchange for the non functioning or damaged Equipment or canceling the rental of Equipment or this Agreement. Client’s acceptance of any Equipment shall indicate that the Equipment is not damaged and in good working order as of the time the Client accepts the Equipment. Failure to inspect the Equipment waives your right to claim Equipment is not in conformity with those requested and in a good state of repair at the time of delivery. You acknowledge that the Equipment is rented/leased without warranty, or guarantee, except as required by law or otherwise agreed upon by the parties at the inception of this Agreement.
34 / LOCATION / Rented equipment usage is limited to usage within the specific studio and time period indicated on the Booking Confirmation. Any other usage is prohibited. Client is not permitted to remove equipment from the studio, take it outside, or to other off-site locations, without prior written approval from the studio. Client agrees that any location usage other than what is indicated on the Booking Confirmation is subject to additional billing and fees.
35 / CLIENT EQUIPMENT LIABILITY / Returned equipment is subject to inventory accounting and product testing. In the event of any missing equipment or damaged equipment due to client’s usage or mishandling, the client is responsible for the replacement or repair of the equipment. Renter agrees to accept full responsibility for repair and/or replacement costs of damages to equipment caused by client, client's assistants, client’s employees, client’s guests, or client’s subjects.
36 / USE / Client shall take reasonable precautions in regard to the use of the Equipment to protect all persons and property from injury or damage. The Equipment shall be used only by your employees or agents qualified to use the Equipment, in accordance with all laws and regulations. We are not responsible or liable in any way for any injury or damage relating to the use of our Equipment and by signing this agreement, you agree that you will not hold us liable for any such injury or damage.
37 / LOSS OF OR DAMAGE TO EQUIPMENT / Client is responsible for any and all loss, damage, theft or destruction of the Equipment during the rental period, whether or not Client is at fault, and whether or not covered by Client’s insurance. You are also responsible for loss of use and you shall fully compensate us for the loss of use of the Equipment during the time it is being repaired or replaced, as applicable. Client shall immediately pay Company an amount determined by Company as sufficient for Company to replace and/or repair the Equipment as well as any lost business or sales as a result of the loss, theft, breakage or damages. Client must return the Equipment clean and in the same condition as it was immediately before the rental, or you must pay a cleaning charge to the Company. Client authorizes the Company to charge Client’s credit card for any such losses, repair or replacement costs and deduct any amount from any deposits provided by Client.
38 / REPACKING / Reserved equipment orders will be provided to Renter in the studio organized and packed in storage cases. Renter agrees to break-down and repack the equipment into the storage cases in the manner in which it was at the beginning of the rental period. If any equipment is left set up, you will be subject to break-down and repacking fees.
39 / DATA REMOVAL / Before returning any Equipment, Client must clear any and all images, content and data from the Equipment and if it fails to do so, Client authorizes Company to do so without notice to Client. Client is responsible for storing, transferring and safeguarding any of its images, content and data prior to returning the Equipment.
40 / DELIVERY / Client acknowledges that any rented equipment that requires delivery to and from the Studio is subject to delivery costs and agrees to pay all associated delivery costs to transport, load, unload, and store equipment.
41 / OUTSIDE EQUIPMENT / Personally-owned equipment is welcome. All outside vendor equipment must be sourced through Brooklyn Grain, otherwise an outside vendor fee applies in the amount of $350/day for each day outside vendor equipment is on the premises. If bringing in personally-owned equipment we kindly ask that the team submit a list of the lighting entering the studio to ensure our electric grid can accommodate it. Any deviation from this policy must be approved in writing by Brooklyn Grain.
