By booking the studio renter confirms reading, understanding and fully accepting the terms and conditions of usage as indicated below.
THE LARGE PRINT:
• No smoking or open flame permitted in the studios or building, including hallways, bathrooms, stairways, building entryway, and landings.
• No drug or alcohol use.
• Studio usage is limited to photo and video shoots. Any other usage is prohibited. Usage must be identified and agreed upon at the time of booking.
• Maximum occupancy is 25 people.
• No set construction is permitted within or around the studio or building including hallways and sidewalk.
• Out of respect for our neighbors, studios have a volume limit & live performance of any kind is not permitted.
• While personally-owned equipment is welcome, all rented equipment must be sourced through the studio. A $350/day fee applies should renter wish to bring in any rented equipment not sourced through the studio.
• Any and all usage of loose glitter or confetti requires prior approval and is subject to a $300 cleaning charge.
• Any usage of foggers, hazers, fire, smoke or pyrotechnics is strictly prohibited.
• Animals are not permitted without prior written consent.
• Relocating studio plants and furniture is not permitted without studio approval. See onsite studio manager with all requests.
THE FINE PRINT:
FULL TERMS AND CONDITIONS OF STUDIO & EQUIPMENT RENTAL
1 / INSURANCE / Renter agrees to supply Host 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. Renter inability to supply a valid COI does not provide grounds for refund of any payment or deposit. Host reserves the right to decline or cancel any booking that fails to meet the above COI requirements.
2 / TIME / Standard operating hours are 8am-7pm. Other hours subject to overtime billing at double the listed hourly rate. Studio usage is billed in hourly increments. We do not offer half-hour rates. Studios are not accessible between 12am-6am. An early start surcharge of $200 applies to shoots starting before 8am.
3 / 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 Host to obtain Renter’s approval to fill requests from team members or to advise on cost. Renter agrees to pay all costs associated with Host filling all team member’s requests.
4 / USAGE / Studio usage is limited to photo and video shoots. Any other usage is prohibited. Specific usage is indicated at the time of booking. Renter agrees to use the studio exclusively for the agreed-upon usage. Renter agrees that any usage other than what is agreed-upon at the time of booking is subject to additional billing pursuant to current rates.
5 / OCCUPANCY / Renter agrees that total occupancy in the Studio is 25 maximum. Renter agrees that if occupancy exceeds this maximum that occupants will be asked to leave by Host to meet occupancy limits and Renter agrees to comply without objection. The over-occupancy fee is $100 per person if occupancy limit is exceeded for any length of time.
6 / 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 $200.
7 / CLIENT LIABILITY / Renter agrees to accept full responsibility for repair and/or replacement costs of damage to equipment, studio, fixtures, furniture, and building caused by renter, renter's assistants, renter’s employees, renter’s guests, or renter’s subjects.
8 / CLEANING FEE / Renter agrees to bag all garbage at the end of the rental term and leave in the designated area, as directed by Host. Any items outside of standard food waste and office trash shall be considered specialty trash and subject to additional disposal or carting fees.
9 / CYCLORAMA / For bookings utilizing the cyclorama renter 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. Renter agrees that any usage of the cyclorama that requires repainting of the cyclorama wall will incur an additional painting fee of $200.
10 / 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 Host. Renter is not permitted to relocate plants or furniture without prior written consent from Host. Renter acknowledges that relocating any plant or furniture without prior consent from Host is subject to a fee of $300 in addition to the cost of replacement for any damaged item. Host has no obligation to change or decorate the studio for Renter’s use. Renter may not make any changes to the Studios, Building or Equipment without Host’s prior written consent. Only Host is allowed to paint any surfaces, including but not limited to cycloramas, walls, floors, ceilings, apple boxes, furniture, set cubes and set walls.
11 / SET CONSTRUCTION / No set construction 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.
12 / 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 Host or other building occupants to decrease volume levels, Renter agrees to comply without objection. Live musical instrumentation is NOT permitted.
13 / 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.
14 / AUDIO RECORDING / Renter acknowledges that the Studio is not sound-proof and may not be appropriate for productions recording sound. Renter understands and agrees that Host makes no claim to the suitability of the facilities for recording audio and is under no obligation to create special audio-recording conditions.
15 / SPECIAL EFFECTS, LIQUIDS, FOG, GLITTER / Usage of any liquids as a production element (including but not limited to water, oil, beverages, etc) in most cases cannot be accommodated and in every case requires prior approval from Host and is subject to additional billing. Liquids are not permitted on the cyclorama. Any and all usage of loose glitter or confetti requires prior approval and is subject to a $300 cleaning charge. Any usage of foggers, hazers, fire, smoke or pyrotechnics is strictly prohibited.
16 / ANIMALS / Renter agrees to not bring any animals into the studio or building without prior written consent from Host. Having animals on the premises for any length of time is subject to an additional $500 cleaning charge.
17 / 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.
18 / PARCEL DELIVERY & STORAGE / Parcel delivery and storage can be accommodated at the discretion of Host and must be arranged in advance. Host is not responsible for lost, stolen, or damaged personal property. If approval is granted to store items, Renter 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 Host from all liability for lost or damaged parcels intended for Renter or Renter’s affiliates. All stored items are subject to storage fees with the amount determined by Host based on length of time, size, and quantity of stored items.
19 / 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 Host liable in the case of an invalid ID or any other form of age validation.
20 / INDEMNIFICATION / Renter shall use the Studio and Equipment at his/her own risk. Renter shall indemnify, hold harmless and defend Host 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 Host, 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 Host. Renter agrees that its duty to defend Host shall be immediate upon Host’s written notification to Renter of a pending claim potentially falling within the scope of this Agreement. Renter agrees that its immediate duty to defend Host is not contingent upon a finding of negligence, in accordance with New York Law. Renter’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 Host for such matters which are indemnified hereunder are fully and finally barred by applicable Laws.
21 / EQUIPMENT RESERVATIONS & RETURNS / Host 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. Host 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.
22 / EQUIPMENT PAYMENT / Payment for reserved equipment is due prior to shoot. Reserved equipment will not be released with an outstanding balance.
23 / SELECTION / Renter is solely responsible for the selection of Equipment. If the Renter has received recommendations from the Host or the Host's agent, the Renter shall be responsible for all performance and/or failure to perform of such Equipment. The Host disclaims any and all warranties, including, without limitation, any implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
24 / CONDITION / All Equipment is offered for inspection. Renter 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 Renter. Renter 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 Renter, Renter must immediately provide a written description of any alleged damage to or problems with the Equipment and immediately deliver the description to Host. If the Host receives a written Equipment damage description from Renter, Host 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. Renter’s acceptance of any Equipment shall indicate that the Equipment is not damaged and in good working order as of the time the Renter accepts the Equipment. Failure to inspect the Equipment waives Renter’s right to claim Equipment is not in conformity with those requested and in a good state of repair at the time of delivery. Renter acknowledges 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.
25 / LOCATION / Rented equipment usage is limited to usage within the studio for the time period of booking. Any other usage is prohibited. Renter is not permitted to remove equipment from the studio, take it outside, or to other off-site locations, without prior written approval from Host. Renter agrees that any location usage other than the studio is subject to additional billing and fees.
26 / 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 Renter’s usage or mishandling, Renter is responsible for the replacement or repair of the equipment. Renter agrees to accept full responsibility for repair and/or replacement costs of damage to equipment caused by Renter, Renter’s assistants, Renter’s employees, Renter’s guests, or Renter’s subjects.
27 / USE / Renter 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 Renter’s employees or agents qualified to use the Equipment, in accordance with all laws and regulations. Host is not responsible or liable in any way for any injury or damage relating to the use of Host’s Equipment and Renter agrees to not hold Host liable for any such injury or damage.
28 / LOSS OF OR DAMAGE TO EQUIPMENT / Renter is responsible for any and all loss, damage, theft or destruction of the Equipment during the rental period, whether or not Renter is at fault, and whether or not covered by Renter’s insurance. Renter is also responsible for loss of use and Renter shall fully compensate Host for the loss of use of the Equipment during the time it is being repaired or replaced, as applicable. Renter shall promptly pay Host an amount determined by Host as sufficient for Host 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. Renter must return the Equipment clean and in the same condition as it was immediately before the rental, or Renter must pay a cleaning charge to Host.
29 / 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.
30 / DATA REMOVAL / Before returning any Equipment, Renter must clear any and all images, content and data from the Equipment and if it fails to do so, Renter authorizes Host to do so without notice to Renter. Renter is responsible for storing, transferring and safeguarding any of its images, content and data prior to returning the Equipment.
31 / DELIVERY / Renter 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.
32 / OUTSIDE EQUIPMENT / Personally-owned equipment is welcome. All rented equipment must be sourced through the studio. A fee of 50% of the total studio rate applies for any outside vendor equipment entering the studio.