Terms & Conditions

Both parties agree to keep, perform, and fulfill the promises, conditions and agreements expressed below:

PREMISES: The location of the premises is: 27006 Huffsmith Conroe Rd, Magnolia TC 77354

TERM: The term of this lease is length of lease, beginning on at and ending .

RENT PAYMENTS: Lessee must submit full payment when booking in order to book the space. Payment is due in full upon booking. The invoice must be paid and contract signed to reserve your time slot. Credit card is the only accepted payment method and the credit card will remain on file. If additional equipment, use of props, pool or other rental items are added on the rental day, the rental fee and/or damage deposit for those items must be paid before use of said items.

GUEST COUNT: If Renter does not correctly disclose the number of attendees and type of session (minis or multiple sessions) prior to the shoot and goes over the amount set in the rental agreement Renter will be invoiced a $200 fee. Renter will have 3 days to complete the payment up until which time a $25 late fee will be added on to every day payment is not received.

AGREEMENT TERMINATION: The lease agreement will terminate on .

Renter’s rental time will begin immediately at the pre-arranged starting time and will end immediately upon the pre-arranged ending time outlined in the contract. This will include any set-up or breakdown and cleanup so Renter should plan accordingly. Renter must have Studio cleaned and ready to exit the premises by pre-arranged ending time. Please be respectful of the Studio's time. Renter will be charged $10 per minute for every minute that they are still on the property after their rental has ended. This includes lingering in the parking lot as it prevents the gates from being shut and the Studio Manager from being able to leave. Please do not arrive any earlier than 10 minutes prior to when your rental is set to begin. There is no prior drop off or pick up of items after rental has concluded unless previously negotiated and additional fees may apply. If Renter wishes to add additional time they may let the Studio Manager know before the end of their session. The bill for this time must be paid onsite before Renter has left the Studio. If Renter fails to pay before vacating the Studio, the Renters card on file will be charged accordingly. Reservations can not be pushed back to start at a later time if Renter is running late. In the event the Renter is running late, more time would need to be added on.

If Renter does not return the Studio to the order and cleanliness found when Renter arrived, Studio will charge at minimum a $175 cleaning fee.

CANCELLATIONS AND RESCHEDULING

RESCHEDULES:

-Reschedules must take place 24 hours before the rental start time. If reschedule does not take place before then it will result in a cancellation and the session would need to be re-booked.

EDITING A BOOKED RESERVATION:

-Once a session has been booked the number of hours cannot be downgraded. Additional hours may be added pending availability.

CANCELLATION:

-If Renter wishes to cancel, a studio credit will be given if cancellation is made 24 hours in advance. Any cancellations after this time will result in loss of the entirety of the payment.

-If the Studio must cancel Renter’s reservation, Renter will be given a full refund. Studio is not liable for acts out of its control that affect the rental, such as building equipment failures, power outages, weather, acts of God or emergencies. In such cases, Studio will refund a prorated portion of Renter’s payment.

-If Renter fails to show up in the first 30 minutes of their scheduled session and does not call to notify, they will be considered a NO SHOW and the entirety of the payment will be forfeited.

RENTAL EQUIPMENT. The Lessee shall have the opportunity to rent the listed equipment with for the identified rental rate. The rental equipment terms and conditions are outlined in the attached addendum.

The Lessee may make use of equipment on site for use during the course of the rental term. This equipment includes White Truck and any props or decor provided. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect through the term of the Lease. In the event of damage of any kind to the Equipment, Lessee agrees to allow Lessor to charge Lessee's credit card for the full cost of repair of said damaged Equipment. Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Lessee and Lessor agree to be bound, legally and otherwise, by the report of Lessor's chosen repair venue as to the cause of the damage to the Equipment.

In the event of default, or a lost or unreturned item, Lessor reserves the right to pursue civil and criminal remedies against Lessee, including, but not limited to, taking immediate possession of the Equipment; obtaining, by Lessee's credit card or otherwise, from Lessee the cost of the full retail price of a comparable substitute of Equipment and late fees assessed prior to deeming the Lessee in default or the Equipment lost or unreturned; notifying a collections agency, which immediately results in additional attorneys' and collection fees being charged to Lessor; filing of criminal charges; employing "skip tracer," private investigator, or repossession agency to collect the Equipment or goods sufficient to repay the value of the Equipment; and/or pursue any and all legal remedies against Lessee. Lessee will also forfeit all rights enumerated in the Privacy Policy of Lessor. These remedies are not exclusive. In the event of litigation to recover any such damages, Lessee is held responsible for all legal fees and costs incurred by Lessor.

PROHIBITED ITEMS: These items are strictly prohibited both inside and outside of the studio in Hidden Grove, and near or on the Vintage Truck: glitter, confetti, confetti balloons, shaving cream, smoke bombs, fireworks, silly string, sparklers, fake flower petals (real are allowed but white or pink only, NO RED), paint, markers, or sand. Your session will be terminated immediately, without refund or studio credit, and a fee of at least $175 will be assessed for cleanup, re-treatment of the Studio floor and/or the Vintage Truck and lost rental time if either of these substances are found in the Studio and or near the Vintage Truck. Renter shall notify Company immediately of any marks or damage in the Studio and/or Vintage Truck prior to the rental start time.

In addition, alcohol is strictly prohibited on Hidden Grove property at all times.

PROPERTY CONDITION: Lessee agrees to submit a full accounting all property, including detailed conditions of the property, to the Lessor within 1 day from date of Lessee property control. Further, Lessee agrees to surrender and deliver to the Lessor the premises and all furniture and decorations within the premises in as good a condition as they were at the beginning of the term, reasonable wear and tear excepted. The Lessee will be liable to the Lessor for any damages occurring to the premises or the contents thereof or to the building, which are done by the Lessee or guests during Lessee use of the property.

EQUIPMENT

The Studio agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Renter’s purposes and is not liable for acts out of its control that affect the shoot, such as power outages, weather or emergencies. In such cases, Studio will offer studio credit for bookings that have been scheduled are not able to complete. Renter agrees to return all equipment in the condition it was provided and to notify studio manager of any damage, failure, or change in equipment provided.

Note: the days for return of deposit may vary by state.

OTHER TERMS AND CONDITIONS:

Lessee’s control includes an identified individual office, common areas, bathroom and storage closet.

Any leasing out of space, including but not limited to hourly rentals, events, etc., to other individuals must be approved in writing by Lessor.

The Lessee agrees to provide and pay for a Public Liability Insurance Policy secured from a responsible insurance company acceptable to the Lessee, in which the limits shall be not less than XXXXXXXXXX ($/$), the same to provide protection for both the Lessee and the Lessor, and to include protection also for the Lessor from all liability of every kind and nature arising out of the use and occupancy of the Leased Premises, including the building and sidewalks. Lessor is to be furnished a copy of said policy or suitable evidence of insurance, and the Lessor is to be held blameless, save and except loss and/or injury caused solely by the negligent acts or omissions of the Lessor, its servants, agents, or representatives. Failure to provide such insurance policy within 30 days after commencement of the term hereof shall be considered an event of default giving Lessor the right to terminate the Lease pursuant to the terms of this Lease Agreement.

WHOLE AGREEMENT: The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all parties. Any oral representations made at the time of executing this lease are not legally valid, and therefore, are not binding upon either party.

GOVERNING LAW: This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Texas.

CONSTRUCTION: The words "Lessor" and "Lessee" as used within this agreement include the plural as well as the singular. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

WAIVERS. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.

INDEMNIFICATION: The Lessor shall be held harmless for any and all injury to Lessee and Lessee’s business and equipment.

ARBITRATION: Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $3,000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

FORCE MAJURE: Except as otherwise expressly set forth herein, in the event either Lessor or Lessee shall be delayed or hindered in, or prevented from, the performance of any act or rendering of any service required under this Lease, by reason of strikes, inability to obtain materials, failure of power, restrictive governmental laws or regulations, acts of God, incidences of terrorism, wars or riots, civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, or other reasons of a similar or dissimilar nature which are beyond the reasonable control of the Lessor or Lessee (collectively known as “Event”), then the performance of any such act or rendering of any such service shall be excused for the period of the resulting delay and the period of the performance or the rendering of the service shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, this paragraph shall not be applied so as to excuse or delay payment of any monies by one party to the other, including rent.

Except as specifically contained herein or unless otherwise expressly provided in this Lease, nothing contained in this Article shall be applied so as to: (a) permit any delay or time extension due to shortage of funds; or (b) excuse any nonpayment or delay in the payment of rent; or (c) limit either the Landlord’s or the Lessee’s rights under this Lease to cure the other party’s default.

ATTORNEY FEES: If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. To establish reasonable attorney’s fees, the Lessor may present a signed affidavit from Lessor’s counsel as to the fees claimed and the services rendered and anticipated to be rendered to collect the unpaid claim of Lessor. All objections to this method of proof are hereby expressly waived by Lessee. The parties agree that future attorney’s fees may be claimed hereunder.

Limitation of Liability. THE CONTENTS OF THE LESSOR WEBSITE, AND THE EQUIPMENT LESSOR DELIVERS ARE PROVIDED "AS IS." LESSOR MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT'S ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE LESSOR WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE LESSOR WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE LESSOR WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE LESSOR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE LESSOR WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

IN NO EVENT SHALL LESSOR BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON LESSOR'S WEBSITE. WHILE LESSOR WILL MAKE A REASONABLE EFFORT TO RETURN ANY NON-LESSOR PROPERTY IT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.

CONDUCT

The Renter must conduct themselves in a professional manner at all times which includes any persons that accompany the Renter. Children must be supervised at all times to ensure the safe use of the Studio, equipment, and to mitigate any preventable injury or damage to the studio/equipment. The Renter shall be solely responsible for the conduct and welfare of all persons accompanying Renter. Renter agrees that a Studio representative may, at the Studio's sole discretion, be present at all times. 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 rental and may require Renter and Renter’s party to leave immediately. The authorities will be alerted to any illegal activities witnessed by the Studio representative. In such case no refund will be given for unused time. However, Studio and its representatives assume no responsibility to act in such cases.

**All rooms in the studio are under complete 24 hour video surveillance at all times (with the exception of the restroom areas). Please keep wardrobe changes restricted to the restrooms to ensure privacy.** Studio representatives shall have the right to inspect the equipment and/or Studio at any time during the rental term. Renter shall make any and all arrangements necessary to permit an employee of the Studio access to the equipment and/or Studio. If a breach of any of the provisions of the Rental Agreement occurs, the Studio has the right to revoke your access to the equipment and/or Studio.

*If Renter feels there is an issue with the room they are renting (dirty floors, temperature, etc) Renter must notify the on site Studio Manager immediately. If the Studio Manager is not present they must call the studio at 512-992-7399 so the issue can be corrected. Their will be no refunds or reparations given if the Renter notifies the studio days/weeks after the Renters rental.*

ACKNOWLEDGEMENT OF COPY RECEIVED: Each party signing this lease acknowledges receipt of a copy thereof. The parties hereby bind themselves to this agreement by their signatures affixed below on this date .