LensLockers Studio Rental Agreement
Last Updated April 2019
This agreement (“Agreement”) is made between you the undersigned (“Lessee”) and Real Digital Solutions Corporation doing business as LensLockers (“LensLockers”). The Agreement sets forth the terms and conditions under which Lessee may rent the Premise, which includes the studio, office, restroom facilities, kitchenette, and parking areas, and Equipment, which includes any resources within Premise, from LensLockers and is effective as of the date of signature.
Rental rates are set by the most current version of the Rental Rates in effect at the time of signing. The prices displayed on by the Rental Rates is quoted in U.S. dollars and do not include sales taxes, which will be added to Lessee’s total rental cost. If LensLockers discover any price errors, LensLockers will correct the pricing within its systems and the corrected price will apply to Lessee’s order. LensLockers reserves the right to revoke any stated offer and to correct any error, inaccuracies or omissions at any time, including after a rental booking has been created and submitted.
Order Acceptance Policy
Lessee’s receipt of an electronic or other form of order confirmation does not signify LensLockers’ acceptance of Lessee’s order nor does it constitute confirmation of LensLockers’ offer to rent to Lessee. LensLockers reserves the right to refuse rental bookings to any individual or organization.
Payments & Deposits
In order to confirm and hold a rental reservation, Lessee is required to pay 100% of the rental cost, plus any deposit as required by LensLockers. The deposit is subject to be applied, at LensLockers’ discretion, towards any unforeseen expenses incurred during the rental dates. Unforeseen expenses include but are not limited to; rental extension charges, damage fees, cleaning fees, or rental dues owed by Lessee. In the event that Lessee decides to rent additional equipment on the day of the rental, the additional rental fee plus any applicable deposit will be charged onto the payment method on file. Deposit will be refunded after rented Equipment is returned and LensLockers inspects and deems the Premise and Equipment to be in appropriate condition.
LensLockers may allow Lessee to pay for the rental with a written check but will additionally require Lessee to provide an additional form of payment to be kept on Lessee’s file. Check must be written to Real Digital Solutions Corporation and be cleared before rental reservation is confirmed. If the check provided to LensLockers bounces, Lessee will be charged an additional processing fee.
Length of Use
Rental Periods are pre-arranged at the time of the booking. Lessee’s rental time begins promptly at the designated start time and ends promptly at the designated ending time. Time includes the set-up and breakdown of Lessee’s shoot. The studio must be cleaned and vacated by the end of the rental period. Early or extended hours must be worked out and paid for in advance before rental period begins. Additional fees will apply for the extension of rental periods after the rental booking is confirmed.
Lessee must submit all cancellation of rental reservations via the Studio Booking Platform. If Lessee has difficulty submitting a cancellation, then Lessee should email email@example.com with their name, phone number, booking date, booking time, and reason for cancellation. If Lessee does not receives a confirmation of rental cancellation within 2 business days, Lessee is responsible for contacting LensLockers to confirm that the cancellation request is received by LensLockers.
1. LensLockers will issue a full refund of rental payments if Lessee requests the cancellation of confirmed rental reservations made more than 7 days prior to the rental date.
2.LensLockers will issue a 50% refund of rental payments if Lessee requests the cancellation of confirmed rental reservations made more than 72 hours (3 Days) business hours prior to the rental date.
3. LensLockers will not issue a refund of rental payments if Lessee requests the cancellation of confirmed rental reservations less than 72 business hours prior to the rental date.
LensLockers will charge the non-refunded portions of rental payments as cancellation and processing fees. LensLockers will make all deposit refunds once Lessee’s payment and any monies owed to LensLockers has cleared. If LensLockers must cancel a reservation, Lessee will be given, at LensLockers’ sole discretion, either a rescheduling priority or full refund. LensLockers is not liable for events outside of its control, such as building equipment failure, power outages, weather, acts of God, or any other emergencies. In such cases, LensLockers will refund a prorated portion of Lessee’s rental payment.
Lessee must first cancel its confirmed rental reservation in order to reschedule a session. In the event that Lessee cancels 48 hours prior to the reservation date and Lessee schedules another session within five business days of the original reservation date (so long as there is availability), LensLockers may, at its sole discretion, waive cancellation and processing fees.
LensLockers will ensure that equipment and accessories is free from known defects and is in good working condition to the best of its knowledge. While LensLockers team will provide insights and recommendations for equipment, LensLockers makes no warranties regarding the fitness or suitability of the equipment for a particular purpose. With the exception of any item explicitly listed for sale, such as backdrop paper, all Equipment and resources is for rental only, and all Equipment and resources is, and will remain, at all times, the sole and exclusive property of LensLockers. It is Lessee’s sole responsibility to alert us, immediately upon arrival, of any equipment that fails to meet working standards. Failure to do so will conclusively deem all equipment to be in working order. Lessee agrees to use all equipment in a safe and appropriate manner.
Waiver of Liability
Lessee agrees to use Premises at Lessee’s own risk. Lessee hereby agrees that LensLockers will not be held liable for any direct, indirect, incidental, or consequential damages, injuries, or loss to Lessee, Lessee’s party, or possessions while on or around the Premises. Lessee acknowledges that LensLockers is not a “soundstage” with absolute soundproofing capabilities. Lessee will not hold LensLockers liable for any such loss of production due to noise distractions or interference while recording sound/audio during production. Lessee agrees to holds harmless and indemnify LensLockers and its owners, agents, representatives, associates, officers, employees, guests, and tenants against any suit, claim, loss, accident, judgement, 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 rental period for such causes arising during the term of the rental.
LensLockers will not assume any responsibility for any damage or delay caused by failure of any utility (and not attributable to the negligence of willful misconduct of LensLockers, its subcontractors, agents, or any other persons under the control of LensLockers, including but not limited to electrical power, gas, water, and/or telephone whether service interruption occurs on public or private property; acts of God or Nature; riot or disobedience; or any other factors not directly related to LensLockers Studio , its Equipment, and facilities. LensLockers is not liable for any vehicle and its contents whether in use or parked on public or private property.
LensLockers and Lessee agree to maintain a professional environment within the Premises. Lessee shall be solely responsible for the conduct, safety, and welfare of all persons accompanying Lessee while on Premise. Lessee agrees that a LensLockers representative may, at LensLockers’ sole discretion, be present at all times and have the right to inspect the Equipment and studio at any time during the rental term. If LensLockers representatives observes or otherwise becomes aware of dangerous, pornographic, illegal, or negligent practices or activities, the representative reserves the right to stop rental and may require Lessee to vacate the Premise immediately without any liability to Lessee. The authorities will be alerted to any illegal activities witnessed by the LensLockers representatives. In such event, no refund will be issued for any unused time. However, LensLockers and its representatives assume no responsibility to act in such cases.
Age of Models
Lessee is solely responsible for verifying that all photographic subjects are of legal age or are accompanied by a parent or legal guardian. Lessee is solely responsible for securing talent releases for any models. LensLockers reserves the right but has no responsibility to determine or verify the age of participants in Lessee’s activities. LensLockers reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to immediately end any activities if LensLockers becomes aware of any legal age violation that is occurring. LensLockers is not held liable and assumes no responsibility to act in the event of intentional misrepresentation of age via invalid ID or any other form of age verification.
Businesses, Corporations, Production Companies, and other legal entities may be required, prior to rental, to present a certificate of general liability insurance name “Real Digital Solutions Corporation”, as additionally insured on the dates of the rental. If so required, Lessee’s liability insurance shall be deemed primarily and contributory insurance in the event of any claim or suit. Liability insurance shall be Commercial General Liability with a minimum of $1,000,000 per occurrence & annual aggregate. Insurance must be written out to ‘Real Digital Solutions DBA LensLockers’ and be valid throughout the entire duration of the Lessee’s Rental Period.
1. Lessee shall not act in any manner that conflicts with laws, ordinances, orders, requirements, rules, or regulations of the Fire Department, or Board of Health, or any other Government Department or agency having jurisdiction.
2. Lessee shall notify LensLockers of the specific purpose of each rental in conjunction with scheduling said rental.
3. Lessee agrees to have a maximum of eight people in each session. In the event that Lessee’s rental session requires more than eight people in attendance, Lessee must notify LensLockers in writing with each additional person’s name and contact information. LensLockers reserves the right to charge a fee for each additional person above the eight person limit.
4. LensLockers is in no way responsible for any items left behind by Lessee – items left after 7 days will be assumed abandoned and discarded.
5. No smoking is allowed in the building. There are designated areas for smoking outside the building.
6. Lessee acknowledges that the Premise is located near other office buildings and units and therefore agrees to keep noise level such that it does not disturb neighboring occupants. Lessee shall comply with any of LensLockers’ request to reduce the volume. If repeated disturbances are created, LensLockers reserves the right to end the noise or expel Lessee from premises without any further liability to Lessee.
7. No one who is drunk or under the influence of any illegal substance will be admitted.
8. No pets are allowed without the prior written consent of a company representative.
9. Food and drink must stay on areas of hard floors and not carpeted areas.
10. Lessee agrees to use the studio for photography, videography, or similar with the exception of activities that require the use of flammable props, chemicals, or specialized ventilation.
11. Lessee agrees to maintain adult supervision of minors at all times, and to keep minors away from the parking area and equipment.
12. With LensLockers’ written consent, Lessee may bring or ship props or products to LensLockers Studio before the rental. Lessee agrees that LensLockers is not responsible for the Lessee’s props or products at any time before or after their rental term. LensLockers reserves the right to decline Lessee’s request to bring or use props/products it deems unsafe for storage, may hinder LensLockers’ daily operations, and may charge an additional fee for any handling of such items.
13. Lessee and party must wear shoe covers unless they are models to be photographs. Lessee is responsible for taking precaution with using the cyclorama.
14. In the event that the cyclorama is excessively dirty and requires a new layer of paint Lessee will be charged an upkeep fee for the paint job.
15. Please Visit www.lenslockersstudio.com/PhotoVideoStudioRentalRules for most updated and all Studio Rules.
Cleaning & Trash
Lessee agrees to leave the Premises and all contents and fixtures in the same condition as it were when Lessee arrives. LensLockers will dispose of trash collected in supplied trash cans. Lessee is responsible for discarding larger items such as personal props, set pieces unless agreed upon prior in written form. Additional fee may be charged for the proper disposal of large amounts of garbage as a result of large sets. All items brought to the Premise by Lessee must be removed by Lessee.
In participating in any Photography Classes or events(Class, Event) offered by LensLockers, Lessee hereby release, waive, discharge, covenant not to sue LensLockers, their officers, servants, agents, and employees from any and all liability, claims, demands, suits, losses, causes of actions whatsoever arising out of, or related to any loss, damage, or injury including death that may be sustained by Lessee or property belonging to Lessee, whether caused by the negligence of the releases, or otherwise while participating in such activity or not, or while in, on, upon the Premises, where activity is being conducted or in transportation to and from premises.
By registering for or attending any classes/events, Lessee hereby consents and agrees that LensLockers has the right to take photographs or videos of Lessee and to use any and all media, now and hereafter known. Exclusively for the purpose of LensLockers, Lessee further consent that Lessee’s name and identity may be revealed therein or by descriptive text or commentary. LensLockers will have all rights to exhibit the media in print and electronic form publicly or privately and to market the company. Lessee waives the right, claims, or interest Lessee may have to control the use of Lessee’s identity or likeness in specific media used. Lessee understands that there will be no financial or other remuneration for recording Lessee, either for initial or subsequent transmission or playback. LensLockers is not responsible for any expense or liability as a result of Lessee’s participation in this recording, including medical expenses due to sickness or injury incurred as a result. Cancellation for classes are subject to the same refund terms as all other rental reservations.
LensLockers reserves the right to cancel a class if enrollment does not meet our requirements. If LensLockers cancels a class and Lessee is not offered an opportunity to either transfer their registration to another class, LensLockers will provide a full refund.
Opinions voiced and held by LensLockers’ officers, agents, and employees are their own and does may not represent LensLockers’ official stance on any topic. Advice provided by LensLockers is not to be construed as legal advice or legal opinion in any specific facts or circumstances.
Lessee agrees that if any equipment, furniture, fixtures, etc. are mishandled, broken ruined, altered or stolen while they are using the Premise, except if due to the negligence or willful misconduct of LensLockers, Lessee will be solely responsible for the prompt payment of the repair/replacement costs. Damage charges will be made to Lessee’s provided payment method.
If any equipment rented by Lessee is damaged during the Lessee’s rental, LensLockers will immediately charge half the price of the MSRP value of the equipment. LensLockers will repair the damaged equipment and charge you a “Final Repair Cost” that is determined as the repair cost plus a 25% labor fee. If the final repair cost is higher than the initial amount charged Lessee will immediately be charged the difference between the two. LensLockers reserves the right to select the means and provider to which damage equipment will be sent to repair. In the event that damaged equipment is irreparable, Lessee will be charged the MSRP value of the equipment plus a 25% labor fee.
This Agreement incorporates the entire understanding and agreement between the Lessee and LensLockers. LensLockers reserves the right to modify the Agreement at any time.
This Agreement shall be governed in all respects by the laws of the Commonwealth of Massachusetts, USA. Lessee voluntarily and knowingly submits to the personal and in rem jurisdiction of the courts of the Commonwealth of Massachusetts, and voluntarily and knowingly acknowledges the subject matter jurisdiction and propriety of venue of suits brought against Lessee by LensLockers in the courts of or sited in Suffolk County, Massachusetts, whether state or federal.
At all times and in all events, LensLockers’ maximum liability to Lessee for any transaction or occurrence pertaining to, arising out of, or flowing from rental reservation or equipment rented to Lessee by LensLockers, shall be limited to the monies paid be Lessee to LensLockers on that order.