9-5 M-F: $50/hr 2 Hour Minimum.
M-F After hours (5pm and later): $70/hr
• 2 Hours: $150
• 4 Hours: $240
• 8 Hours: $400
• 12 Hours: $600
Client agrees to defend, indemnify, and hold the Company harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses, and compensation whatsoever including court costs and reasonable outside attorneys’ fees “Claims,” in any way arising from, or in connection with renting the space operated by the Company and their equipment used; as well as, any and all vehicles on the Company’s property. Client acknowledges that the Company’s Production Studio is NOT a “soundstage” with absolute soundproofing capabilities. Client will not hold the Company liable for any such loss of production due to noise distractions or interference while recording sound/audio during production.
a. The Client is responsible for loss, damage or destruction of the equipment, including but not limited to losses while in transit, while loading and unloading, while at the Company’s premises, while in storage and while on our premises, except as follows: the Client shall not be responsible for damage to or loss of the equipment caused by the Company’s sole negligence or willful misconduct;
b. The Client shall not be r¬esponsible for damage or loss resulting from inherent vice, normal wear and tear, and latent defect, mechanical or structural defect or breakdown due to failure on our part to perform normal, routine or scheduled maintenance.
2. INSURANCE AND LIABILITY
Client must provide proof of liability insurance naming the Company and the address of their Premises as ADDITIONALLY INSURED for $2,000,000.00 and LOSS PAYEE at no less than $100,000.00 at the time of booking usage of the premises. If Client does not have, or has insufficient liability insurance, then a penalty fee of the following occurs:
• $25 per day for 1-10 people
• $50 per day for 11-60 people
Please note that this penalty fee does not cover the Client under the Company’s insurance policy. The Company has the right to demand the Client to acquire proper insurances for rental of the Premises rather than the Client’s willingness to pay the penalty fee. In the case that a Client with no insurance has an injury, death, disability, loss of property, loss of income or compensation of any kind with their rental, the Client agrees to hold the Company harmless and not responsible for any and all damages, demands, claims, or actions.
It is up to the Client to also secure and maintain Worker’s Compensation Insurance covering all personnel in Client’s employ or supplied by others. Client shall secure and maintain adequate coverage for its equipment, and property, including but not limited to, computers, cellular phones, video and audio recording and playback equipment, TVs and monitors, kits, tools, wardrobe, props, set dressings, and product. Client agrees that all equipment and property brought to and/or stored at the Company’s premises is the sole responsibility of the owner and/or Client who shall hold the Company harmless in the event of any damage to or loss thereof during the rental of the premises.
3. CERTIFICATE OF INSURANCE
Before obtaining possession of the Facility and/or equipment, the Client shall provide to the Company certificates of insurance confirming the coverages specified above. All certificates shall be signed by an authorized agent or representative of the insurance carrier.
4. CANCELLATION OF INSURANCE
The Client and their insurance company shall provide the Company with not less than 30 days written notice prior to the effective date of any cancellation or material change to any insurance maintained by the Client pursuant to the foregoing provisions. Insurance coverage shall commence when the rental term begins and shall remain in full force and effect until the agreement term ends and Client completely vacates the premises.
5. INSURANCE GENERALLY
All insurance maintained by you pursuant to the foregoing provisions shall contain a waiver of subrogation rights in respect of any liability imposed by this agreement on you as against us. You shall hold us harmless from and shall bear the expense of any applicable deductible amounts and self insured retentions provided for by any of the insurance policies required to be maintained under this agreement. In the event of loss, you shall promptly pay amount of the deductible amount or self-insured retention or the applicable portion thereof to us or the insurance carrier, as applicable. Notwithstanding anything to the contrary contained in this agreement, the fact that a loss may not be covered by insurance provided by you under this agreement or, if covered, is subject to deductibles, retentions, conditions or limitations shall not affect your liability for any loss. S¬hould you fail to procure or pay the cost of maintaining in force the insurance specified herein, or to provide us upon request with satisfactory evidence of the insurance, we may, but shall not be obliged to, procure the insurance and you shall reimburse us on demand for its costs. Lapse or cancellation of the required insurance shall be deemed to be an immediate and automatic default of this agreement. The grant by you of a sublease of the equipment rented/ leased shall not affect your obligation to procure insurance on our behalf, or otherwise affect your obligations under this agreement.
6. PROTECTION OF OTHERS
The Client will take reasonable precautions in regard to the use of the Facility & equipment to protect all persons and property from injury or damage. The Facility & equipment shall be used only by the Client’s employees or agents qualified to do so.
7. CYCLORAMA & STUDIO FLOOR
The studio and its equipment must be kept in good condition as approved by the management. Client is responsible for all damage repairs to and/or replacement of any portion of the Facility and equipment.
No drilling or attachments whatsoever can be made into cyclorama wall or floors, or studio walls or floors in general. If cyclorama is damaged or dirtied, beyond reasonable wear and tear, the Client is responsible for cyclorama restoration and/or repainting charges. Only use of non-stick paper tape is permitted on the cyc-wall or on the studio floor. Tape must be removed before end of agreement. Painting of cyclorama must be approved by the Company beforehand; and must be painted back to original cyclorama colour at the expense of the Client. The Company reserves the right to employ such personnel, vehicles and/or equipment as reasonably necessary to complete any repair or cleaning and the Client agrees to pay the reasonable cost thereof, as set forth on all invoices presented by The Company for such.
8. TRASH / CLEANLINESS
Trash must be removed from the rented facility area, as well as adjoining areas at the end of each day. Heavy construction materials (including but not limited to wood, plaster, plastic, metal, equipment, etc) must be removed from the property and may be not be deposited in any of the property’s garbage receptacles except by written permission. All areas of use must be cleaned and brought back to its original condition at the end of this agreement, otherwise the Company may charge a cleaning fee of $50/hr.
9. USE OF SPRAY PAINTING EQUIPMENT
Is absolutely prohibited in the Studio. A cleanup fine may be imposed if spray painting is found to be in use. Client is solely responsible to alert set companies, art directors, etc. to this Company rule.
10. USE OF PYROTECHNICS/FLAME OR VARIOUS MATERIALS
Pyrotechnics are not allowed on the set or in the production offices without the prior approval of the Company’s management. Furthermore, snow, water, clay, sod, sand, dirt or similar substance also needs prior approval from the Company. The Client is responsible for all damage to floors, walls, cyc, structure in general, heating and air systems, & other utilities resulting from the use of the aforementioned substances.
11. USE OF UNMANNED AERIAL VEHICHLES (UAV)
The usage of UAVs are strictly prohibited in the studio or facility, without the prior approval of the Company’s management. If approved, renter will need to provide proof UAV insurance, including general liability insurance of no less than $2 million.
12. ILLEGAL ACTIVITY
The Client or any of their employees, guests, vendors or other person under their control, shall not engage in illegal activity, including drug-related illegal activity, on or near the Company’s premises. “Drug-related illegal activity” means the illegal manufacture, sale, distribute, purchase, use or possession with intent to manufacture, sell, distribute, or use a controlled substance or possession of drug paraphernalia.
13. USE OF CHILDREN, ANIMALS, EXTRAS, & PRESS
If any animals, children, audience, extras, or members of the general public or the press will be used or present during shooting or rehearsal, the Company must be notified in advance and the Client must obtain our prior written approval before such will be allowed on the property. There are no exceptions. The Client must rent a separate holding facility for any such personnel or animals. The Client also understand and agrees that they are liable for any and all damage or loss to any equipment, facility, or part thereof caused as a result of such personnel being on the property.
Furthermore, the Company reserves the right to remove any personnel, extra, animal and/or guest from the property at any time if facility, equipment, the Company’s personnel or the Company’s best interest are subjected to any danger, possibility of damage, and/or harassment resulting from untoward conduct or misbehavior of the aforementioned personnel, extra, animal, and/or guest.
14. FACILITY MANAGER
A representative and/or facility manager of the Company may be present for the duration of the contractual agreement and will provide assistance to the Client exclusively to facilitate the usage of the Premises as described in this Agreement. The facility manager will be responsible for opening and closing/locking the building, parking and stage area as agreed upon by the Client and the Company; as well as, assistance with all stage amenities discussed in this contract. The facility manager is not available to assist the Client with anything else without compensation of $50/hr added to Client’s final bill, due immediately upon receipt.
15. USE OF FACILITY / AMENITIES
Unless otherwise stated, the Client is to only have use of the rented room(s), washrooms, & kitchen area of the Company’s facility as per this agreement, as well as two (2) parking spots. Wifi is also available to use at the request of the Client. Any other facility usage or amenity is an added cost to be charged at the end of the rental. It is up to the Client to notify their employees and/or clients. Failure to abide can result in default of this Agreement.
16. ACCIDENT REPORTS
If any of the equipment is damaged, lost, stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, the Client will promptly notify the Company of the occurrence, and will file all necessary accident reports, including those required by law and those required by applicable insurers. The Client, their employees, and agents will cooperate fully with the Company and all insurers providing insurance under this agreement in the investigation and defense of any claims. The Client will promptly deliver to the Company any documents served or delivered to the Client, their employees, or its agents in connection with any claim or proceeding at law or in equity begun or threatened against the Client, the Company, or both parties.
17. PAYMENT TERMS.
The rental payments shall be due whether or not the Client has received notice of a payment.
The Client must pay the security deposit for all booked days before the use of the Company’s premises.
The remaining balance is due and payable immediately on the Client’s last day of rental. Absent the presentment of a cheque or cash, the Client authorizes the Company to charge their credit card for the remaining balance as well as for any additional expenses as defined in this Agreement.
18. SECURITY DEPOSIT.
The Client shall pay a security deposit of $300 per day, plus the cost of hourly rental at the time that this Agreement is signed. The Client must use a valid Credit Card for the deposit. This deposit will reserve the booked time of the Facility allotted to the Client. This deposit will be returned to the Client at the termination of this Agreement, subject to the option of the Company to apply it against Rental charges and damages. Any amounts refundable to the Client shall be paid at the time this Agreement is terminated. The security deposit shall not bear interest.
19. NON-SUFFICIENT FUNDS.
The Client shall be charged $50.00 for each cheque that is returned to the Company for lack of sufficient funds.
20. RENTAL PERIOD
Facility rental is based on an Hourly rate (minimum 2 hours) that will begin and end at the times stated in this agreement and will be charged as such. There is no grace period unless otherwise stated by Company. Client must strike and vacate premises by end time stated in this agreement, or be charged at the discretion of the Company an hourly overtime rate of 1.5x the hourly rate per room.
The Client understands that if they do not provide the Company with advance notice of at least 7 days of their interest in canceling their booking, the Client’s non-usage of the Premises will cause significant loss and damage to the Company. Accordingly, the Client may cancel their expected usage or booking of the Premises up to 7 days prior to the date of usage (“Cancellation Time Limit”). However, should the Client fail to notify the Company’s office and receive a written confirmation from the Client before the Cancellation Time Limit expires, then the Client agrees to the following fees:
• 100% of Security Deposit (Rental Time and hard costs) will be kept by Company, if reservation is cancelled within 24 hours prior.
• 50% of Security Deposit (Rental Time and hard costs) will be kept by Company, if reservation is cancelled within 72 hours prior.
• 25% of Security Deposit (Rental Time and hard costs) will be kept by Company, if reservation is cancelled within 7 days prior.
• Security Deposit is given back to Client is reservation is cancelled before 7 days to booking date.
You also agree and understand that the Company may cancel this Agreement at any time upon not less than 72 hours of prior written notice and fair reasons. If the Company does cancel this Agreement, then the Company shall refund all fees received to reserve the Premises. The Company also reserves the right NOT to extend usage of the Premises (excluding overtime usage) at any time for any reason whatsoever. Availability of rental not guaranteed without advance notice.
22. DEFAULT AND/OR NON-PAYMENT
In the event of non-payment after 48 hours of the completion of this rental agreement, the Client acknowledges that Client will be charged a default fee equal to ten percent (10%) of the total invoice amount compounded weekly dating to back to the End Date/Time stated in this agreement.
The Client will also be charged the Default Rate should they:
• Violate any material provision, limitation, or term of this Agreement;
• Use the Premises for any other purpose besides for the specific purposes stated;
• Fail to follow the reasonable directions, instruction, or orders of the Company’s representative and / or stage manager in connection with the Client’s use of the Premises;
• and / or sublet the Premises to anyone else without written approval by the Company.
After the Client’s default, and on notice from the Company, the Company has the option to terminate the agreement and the Client’s rights under the agreement; to declare the balance of all unpaid rent and all other charges of any kind required of the Client under the Agreement to be payable immediately, in which event we will be entitled to the balance due together with interest at the rate of ten percent (10%) per annum, from the date of notification of default to the date of payment;
23. RIGHTS ON DEFAULT.
If the Client is in default under this Rental, without notice to or demand on the Client, the Company may take possession of the facility or equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. The Company shall be obligated to re-rent the facility or equipment, or otherwise mitigate the damages from the default, only as required by law.
24. INSPECTION / REPOSSESSION OF PREMISES
The Client agrees to admit any employee or agent of the Company full access to enter premises upon which Client is renting, for the purposes of checking the condition of the Company’s equipment and premises and/or repossessing the equipment and premises in the event the Client is in default of any term of this Agreement whatsoever.
25. EXCLUSIVE POSSESSION / NON-ASSIGNABILITY OF RENTAL
The Client shall not sublease or loan the premises or assign this Agreement to any other person, firm or corporation and said premises shall at all times remain under the immediate exclusive control and direction of the Client, without prior written consent from the Company.
26. PRIOR AGREEMENTS
This agreement supersedes and replaces any other/prior agreement(s) regarding the subject matter hereof.
The Company will also not assume responsibility for any damage or delay caused by failure of any utility (and not attributable to the negligence of willful misconduct of the Company, its subcontractors, agents, or any other person under the control of the Company); including but not limited to electric power, gas, water, and/or telephone whether service interruption occurs on public or private property; acts of God and or Nature; riot or civil disobedience; or any other factor not directly related to the Company, its equipment, and facilities. The Company will not be held responsible for any vehicle or its contents whether in use or parked on public or private property.
27. ENTIRE AGREEMENT AND MODIFICATION.
This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties.
28. GOVERNING LAW.
This contract shall be construed in accordance with the laws of Kelowna, in the Province of British Columbia, Canada.
If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this contract.
The headings in this Agreement are for the purpose of organization only and are not intended to inform, alter, or control the terms of this Agreement.
Client certifies that the application, statements, trade references, and financial reports submitted to Company are true and correct and any material misrepresentation will constitute default under this contract.