Terms and Conditions
Amy Rose Productions, LLCHiggins Armory - 100 Barber AvenueWorcester, Massachusetts 01606(508) 868-5622Email: Info@amyroseproductions.com
License to Use Studio Space
Amy Rose Productions, LLC (“Amy Rose Productions or “Company”) agrees to allow the following licensee to use the studio and restroom facilities of Amy Rose Productions under the following terms, conditions and rules.Licensee: _______________________________
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Terms, Conditions & Rules
Use of Studio: The Premises is to be used solely for the following purposes:___________________________________________________
___________________________________________________Hours of Operation: Monday through Sunday from 8 AM to 6 PM. Holiday use is additional.
Hourly Booking available between 8AM – 6PM with a four (4) hour minimum: $112.00/hour (charges will be applied by the quarter hour after the 4 hour minimum.)
Date(s):_____________________________________________
Booking Hours/Time Frame: __________________________________________
Overtime and holidays:Overtime: Additional charge of $120/hour for any time outside of normal hours of operation (charges will be applied by the quarter hour.)Holidays: All bookings will be charged $120 per hour flat rate. Holidays subject to rate: New Years, Martin Luther King, President’s Day, Easter, Memorial Day, Fourth of July, Labor Day, Columbus Day, Halloween, Veteran’s Day, Thanksgiving, Christmas.
Hours: Normal hours are Monday through Sunday from 8 AM to 6 PM excluding holidays. Use of studio outside of normal hours requires advanced notice and approval and a premium fee. Time includes set up and breakdown of sets and equipment.
No equipment or props can dropped-off or picked up before or after completion of a shoot, unless negotiated at time of Agreement. Additional fees may apply. Early or extended hours must be negotiated and paid for in advance before license period begins. Company reserves the right to refuse reservations at its sole discretion.
Rates: License rates are published on the Amy Rose Productions’ website. A refundable $100 cleaning/damage deposit is required for all bookings. Any outstanding balance owed to Amy Rose Productions must be paid 48 hours before using the studio.
Payments and Deposits: In order to confirm and hold a reservation, one-half (50%) of the expected license fees plus cleaning deposit must be paid at the time of reservation. The full balance is due 48 hours before the start of the booking. All fees plus damage deposits must be paid by credit card or cash deposit.
Cancellations: Cancellations of confirmed bookings will result in the following charges:
72 hours or more prior to license date; all payments refunded less 5% credit card processing fee if paid by credit card.
48-72 hours prior to start of license period: Twenty Five percent (25%) of total licensing fee.
24-48 hours prior to start of license period: Fifty percent (50%) of total fee.
Under 24 hours prior to the start of the licensing period: No Refund.
Company is not liable for acts out of its control that may impact the shoot, such as building equipment failures, power outages, weather, acts of God or emergencies. If Company is not able to provide Licensee access to the studio as agreed for reasons out of its control the full licensing fee will be refunded.
Liability Insurance: It is Licensee’s responsibility to carry all necessary liability insurance. Amy Rose Productions is responsible only for the amount of licensing fees if a shoot is delayed or canceled for any reason. All refunds will be made promptly.
Cleaning and Trash: The Premises must be cleaned and vacated by the end of the licensing period. A refundable $100 cleaning/damage deposit is required for all bookings. Licensee agrees to leave the Premises and all contents and fixtures in the same condition as they were when they arrived. Otherwise a minimum $50 cleaning fee of will be assessed. Company will dispose of trash collected in the supplied trash receptacles. Disposal of large amounts of trash must be discussed and agreed upon in advance and may require additional fees to be paid. All items brought to Premises by Licensee are to be removed by Licensee at the end of the term. Items left after 7 days will be assumed to be abandoned and may be discarded at the sole discretion of Amy Rose Productions. Additional fees may be billed for this service.
Studio Rules:
The use of pyrotechnics and open flames are strictly prohibited in Premises or Building.
No smoking whatsoever is allowed in Premises or Building or within 20 feet of any entrance.
No alcoholic beverages or non-prescription or illegal drugs. No one will be admitted who is drunk or under the influence of illegal substances.
Music/voices are to be kept at reasonable levels so as not to disturb other occupants of the building.
No pets or animals allowed without prior consent of Company.
No basic equipment, photography equipment, or other equipment or furniture owned by Amy Rose Productions may be removed from Premises.
No alterations may be made to Premises and/or equipment without the written consent of Amy Rose Productions.
Licensee may not sub-license or assign license periods.
Licensee may not modify or alter or tamper with Amy Rose Productions’ equipment or furniture in any way; nor use the equipment or furniture in a manner not recommended by the manufacturer; nor allow the equipment to be used by any untrained or unauthorized personnel.
Waiver of Liability: Use of Premises and equipment is at licensee’s risk. Licensee agrees that Amy Rose Productions and its principals, managers, owners, agents, representatives, associates, officers, employees, guests and tenants will not be held liable for any direct, indirect, incidental or consequential damages, injuries or losses to Licensee or their agents, servants, employees or principals, or any possessions while on Premises. Licensee agrees to hold Amy Rose Productions harmless and indemnifies Amy Rose Productions and its principals, managers, 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 license for causes arising during the term of the license. Licensee agrees to release Amy Rose Productions, its owners, managers, agents, subsidiaries, employees, affiliated independent contractors, management, or any other related personnel of any and all liability for any injuries whether physical or mental, while working in or around the Premises, or any other activity in conjunction with the Premises, or situations that Licensee encounters while in or on the Premises.
Conduct: The Premises is located in a professional building. Licensee shall be solely responsible for the conduct and welfare of all persons accompanying Licensee while on Premises and in the Building of which the Premises is a part. Licensee agrees that Amy Rose Productions may, at its sole discretion, revoke the License granted herein for any alleged breach of the Terms. Conditions & Rules of this Agreement. If anyone for Amy Rose Productions becomes aware of dangerous, pornographic, illegal or negligent practices or activities, Amy Rose Productions reserves the right to stop the photo/video shoot and may require Licensee and all related persons to leave the Premises immediately. In such case no refund will be given for unused time.
Age of Models: Licensee is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. Company has no responsibility to determine or verify the age of participants in Licensee’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities if Amy Rose Productions becomes aware that legal age violations are occurring. Amy Rose Productions is not liable in the case of an invalid ID or any other form of false age verification.
Insurance: The terms of this license agreement requires Licensee to provide Amy Rose Productions with a Certificate of Insurance. The Certificate should show that coverage will remain in force for the duration of the license period with minimum coverage as follows:
1. Commercial General Liability with a minimum limit of $1,000,000. Amy Rose Productions must be shown as “Additional Insured” on Licensee’s policy.
2. Coverages with a minimum limit equal to the total replacement value of all equipment supplied or rented from Amy Rose Productions. The coverage must be provided on “all risk” or “special” form and pay on the basis of “replacement cost.” The policy “coverage territory” should be consistent with the location of the production. Amy Rose Productions must be shown as “Loss Payee” and “Additional Insured” on the policy.
Equipment: If Amy Rose Productions agrees to provide equipment to Licensee, it will be in good working order. Amy Rose Productions makes no warranties that said equipment is suitable for Licensee’s purposes. Licensee agrees to notify Amy Rose Productions immediately of any malfunction, damage or other issues with the equipment. Wi-Fi Internet service is available during the license period. Code for access will be provided for use on Premises. There is no studio phone service provided.Damage: Licensee shall be solely responsible for any lost, stolen, and/or damage to Premises or to Amy Rose Productions’ property or equipment that occurs during the license term. Damage deposits will be held until repairs can be made. If the damage exceeds the amount of the deposit, Licensee agrees to pay for the cost to replace the same item or the closest comparably equipped model at current retail prices, without deduction for depreciation. Licensee agrees to pay for damage to the Premises including but not limited to spills, excessive wear, marks or stains on furniture, fixtures or painted surfaces.
Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable, that provision shall be fully severable, and this Agreement shall be construed and enforced as if the illegal, invalid, or unenforceable provision were never a part of the Agreement; the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance.
Miscellany: Licensee 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 the Parties. 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 Commonwealth of Massachusetts shall govern this Agreement.
Licensee agrees to all of the above terms, conditions and rules.