RATES

Rates are set by Company and are subject to change at the sole discretion of Company. Rates pertaining to this Agreement are included in Attachment A and are hereby incorporated by reference. The above rates are valid thirty (30) days from the date hereof.

PAYMENTS AND DEPOSITS

In order to confirm and hold a reservation, the Rental Charge and the Deposit must be paid in full. Client will be charged a $50 fee for all late and returned payments. 

CANCELLATIONS

There are no refunds once booking is confirmed. Cancellations of confirmed bookings will result in the following charges: If Client cancels more than 72 hours prior to Rental Date, Client may reschedule within 30 days of Rental Date without penalty only once. If cancellation occurs within 72 hours, there is an option to reschedule but a $50 fee will be applied. If Client cancels within 24 hours there is an option to reschedule but a $100 fee will be applied. Refunds, if any, will be made by check once the Rental Charge and Deposit have cleared Company's account. If Company must cancel Client's reservation, then Client will be given, in Company's sole discretion, either rescheduling priority or a full refund. Company is not liable for acts out of its control that effect the shoot, such as building, equipment failures, power outages, weather, acts of God and or emergencies.

ELECTRICITY

The electrical current may be used for ordinary and special lighting and powering personal computers and small appliances and the like only. Unless written permission to do otherwise is first obtained from Company at an agreed upon cost to Client. Electrical usage calculations will be determined by means defined in Attachment A.

LENGHT OF USE

The start time and end time of the Rental Date is as set forth above. Client's rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Client's rental period includes set up and break-down. The Premises must be cleaned and vacated by the end of the rental period. No prior drop-off and/or pick-up after completion of shoot, of equipment, props, etc., will be allowed unless agreed upon in advance by Company writing. Client agrees that if he or she holds over, beyond the end of his or her rental period, a hold over rate will replace the original rental fee and will be two times Client’s original rental rate. Early or extended hours must be worked out and paid for in advance before the rental period begins.

TRASH AND CLEANING

Client agrees to leave the Premises and all contents and fixtures in the same condition as they were when Client arrived. Company will dispose of trash collected in the supplied trash cans. Client is responsible for removing and appropriately discarding larger items offsite. Disposal of large amounts of garbage due to large sets may also accrue additional costs at Company's sole discretion. All items brought to the Premises by Client are to be removed by Client. Items left after 7 days will be assumed abandoned and may be discarded or kept by Company for Company use, with no compensation due to Client, at the discretion of Company. If Client does not return the Premises to the order and cleanliness found when Client arrived, then Company will charge at minimum a $50 cleaning fee to be withheld from Deposit.

RULES OF PREMISES

No smoking whatsoever is allowed in the building or within 20 feet of any entrances. Food and drink must stay in the kitchen area. No alcoholic beverages or non-prescription or illegal drugs, confetti, smoke machines are allowed at any time. Music/voices are to be kept at reasonable levels and not contain vulgar or offensive lyrics or words. No animals other than service animals are allowed at any time. No weapons or firearms, or glitter on the premises

SECURITY CAMERAS

Client acknowledges that security cameras are used in the studio to ensure the security of the premises from theft, unauthorized access, or damage to the property. All security cameras are look at for safety of the clients and to refer back to if there are damages to studio during client use. 

WAIVER OF LIABILITY

Use of the Premises is at Client's risk. Client hereby agrees that Company will not be held liable for any direct, indirect, incidental, or consequential damage, injury, or loss to Client or its party, or to Client's, or anyone in its party's possessions, while on the Premises. Client hold harmless and indemnifies Company and its 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. Client acknowledges and understands that he or she is responsible for each and every guest, employee, or invitee at the Venue during his or her rental period, and Client is solely responsible for any accident or injury to any person while at, in, or around the Venue, or on the property and that the Company accepts NO legal or financial responsibility. Client assume all risk of injury or other loss resulting from ANY activity performed at, in, or around Venue, and Client will hold the Owner harmless with respect thereto. Client hereby agrees to indemnify and hold Company or the property owners harmless from any and all claims, including those of third parties, arising out of or in any way a result of the Client’s use of the premises or items therein.

Loss Of Personal Items: Client acknowledges and understands that he or she is solely responsible for any loss by any person while at the Venue including the loss of money, jewelry or any other personal items.

COVID 19: Client understands and agrees that Under Georgia law, there is no liability for an injury or death of an individual entering the premises of Company, if such injury or death results from the inherent risks of contracting COVID-19. Client understands and agrees he or she is assuming this risk by entering the Venue. This indemnification will continue in full force and effect during and after the term of the rental for such causes arising during the terms of the rental. Company disclaims all implied warranties, including any warranty of merchantability or fitness for a particular purpose. The Premises are "as-is"

CONDUCT

The Premises is a shared studio and Company maintains a professional environment. Client is solely responsible for the conduct and welfare of all persons accompanying Client while on the Premises. Client agrees that a Company representative may, at Company's sole discretion, be present at all times during the Rental Date. If the representative observes or otherwise becomes aware of dangerous, pornographic, illegal, or negligent practices or activities, or violation of any of the foregoing rules, then the representative reserves the right to stop the shoot and may require Client and Client's party to leave immediately. The authorities will be alerted to any illegal activities witnessed by the Company representative. In such case no refund will be given for unused time and the Deposit will be forfeited in its entirety. However, Company and its representatives assume no responsibility to act in such case.

AGE OF MODELS

Client 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 Client's activities but reserves the right to demand proof of parental consent and to end Client's activities on the Premises if Company becomes aware that legal age violations are or may be occurring. Company is not liable in the case of an invalid ID or any other form of age verification.

INSURANCE

Businesses, corporations, production companies, and other legal entities may be required, prior to rental, to present a certificate of general liability insurance naming Company as an additional insured on the dates of the rental. If so required, then Client's liability insurance will be deemed primary and noncontributory insurance in the event of any claim or suit. Liability insurance will be Commercial General Liability with a minimum of $1,000,000 per occurrence & annual aggregate. 

DAMAGE

Client (on behalf of itself and its party) is solely responsible for any damages to Company's property or equipment that occurs during the time Client or its party occupies the Venue. The Deposit will be held until repairs can be made. If the damage exceeds the amount of the Deposit, then Client agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition with credit card on file. Client agrees to pay on demand with credit card on file for damages to Premises including spills, excessive wear, marks, or stains on furniture, fixtures or painted surfaces.

Dog Policy: Owners are fully responsible for any damage caused by their dog and agree to a $300 charge to the credit card on file for any damages incurred. Owners must clean up after their dog and properly dispose of all waste. The management reserves the right to ask any dog to leave the property at any time if it is deemed a disturbance or danger to others. By bringing a dog onto the property, the owner acknowledges and agrees to abide by this policy.

BY AGREEING TO THE TERMS AND SERVICE, YOU ARE ALLOWING KIAH STUDIOS TO AUTHORIZE AND CHARGE YOUR CARD FOR ANY DAMAGES, CLEANING FEES, OR OVERAGES CHARGES WITHOUT ADDITIONAL CONSENT.

ARBITRATION

Client agrees and understands that any disputes arising out of this agreement shall be subjected to binding arbitration. Client hereby waives any right to a jury trial and agrees to have disputes settled through binding arbitration in Georgia, and that Company will select the arbitrator(s) used. 

ASSIGNMENT

The parties agree that this Agreement is personal to the parties hereto and shall not be assignable by Owner or Company without the prior written consent of the other party.

ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies, alters, or adds to it, and the terms of this Agreement are contractual and not a mere recital.

AMENDMENTS

No provision of this Agreement may be amended, modified, revoked or waived except by a writing signed by a duly-authorized representative of each of the parties hereto.

NO WAIVER

Failure of any party to seek a remedy for the breach of any portion of this Agreement by any other party shall not constitute a waiver of its rights with respect to the same or any subsequent breach. None of the terms or conditions of this Agreement may be waived by a party except by its written consent.

SEVERABILITY

The invalidity or unenforceability of any part of this Agreement, for any reason, shall not prejudice or affect the validity or enforceability of the remainder, and in such event the parties hereto shall use their best efforts to agree upon a replacement for such invalid or unenforceable provision in terms which correspond as closely as possible to the original provision. However, if such replacement is unable to be accomplished then the same will be deemed omitted, and the validity and/or enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby.

HEADINGS

The headings of the sections of this Agreement are inserted for convenience only and shall not affect the meaning or interpretation thereof.

PARTIES BOUND

The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors, and permitted assigns.

FORCE MAJEURE

No Party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure. “Force Majeure” includes delay or failure resulting from any cause reasonably beyond a Party’s control, including (i) act of God, (ii) labor stoppages or other industrial disturbances, (iii) systemic electrical, telecommunications, or other utility failures, (iv) earthquakes, flood, fire or explosion, (v) blockages, embargoes, riots or orders of government, (vi) acts of terrorism or war, and (vii) pandemic. 

GOVERNING LAW AND FORUM

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to the conflict of law or choice of law provisions thereof. The parties further expressly agree that jurisdiction and venue for any actions concerning the enforcement, construction or interpretation of this Agreement shall be in any state court in Cherokee County, Georgia. Each of the parties expressly submit and consent to the jurisdiction of the aforesaid courts and waive any defense on the basis of personal jurisdiction and/or forum non-convenience.

COUNTERPARTS; ELECTRONIC DELIVERY

This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. It shall be permissible for any party, after execution of this Agreement, to transmit and deliver a copy of the Agreement as executed by that party, to all of the other parties hereto (or their respective counsel) by facsimile, electronic mail or any other electronic means, and delivery by any such electronic means shall constitute delivery of the executed Agreement for all purposes and shall be legally binding on the party transmitting the Agreement by any such means. However, any party transmitting its signature via facsimile, electronic mail or other electronic means shall promptly deliver an executed original of this Agreement to any other parties requesting an original, but the failure to do so will not affect the validity or binding effect of this Agreement.

REPRESENTATIONS & WARRANTIES REGARDING AUTHORITY

Each of the parties hereto represent and warrant to the other party that:

a. they have full power and authority to execute, deliver and perform this Agreement;

b. the person signing this Agreement on its behalf has authority to do so; and,

c. when executed, this Agreement shall be valid, binding and legally enforceable against each of the parties hereto.

CERTIFICATION AND INDEMNITY BY CLIENT REPRESENTATIVE

By signing this Agreement below, I hereby certify, represent and warrant to Company that I possess the legal right to bind and subject the Client to the terms and conditions of this Agreement By signing this Agreement below as the Client, or on behalf of the Client, I further hereby agree to personally defend, indemnify and hold Company harmless from and against any and all claims, actions, demands, damages, losses, liabilities and expenses (including reasonable attorney’s fees and costs) that may be asserted against Company as a result of any breach of the certifications, representations and warranties set forth in herein.