THIS PHOTO RENTAL AGREEMENT (hereinafter the “Agreement”) is made and entered into as of the Effective Date, by and between the Parties. This Agreement sets forth the legally binding terms and conditions for the services rendered to the Renter.

IN CONSIDERATION OF this Agreement, the Parties hereby acknowledge, understand and agree to be bound by the following terms and conditions.

1.0 PURPOSE OF AGREEMENT
1.1 This Agreement contains the entire understanding between Studio Nevele (hereinafter the “Studio”) and the Renter (hereinafter the “Renter”). For the purposes of this Agreement the Renter shall refer to the individual or individuals forming part of this Agreement. Under this Agreement, the Studio is engaged in the business of providing studio rental and/or related services as outlined in the Proposal (hereinafter the “Services”).

2.0 TERM OF AGREEMENT
2.1 The term of this Agreement will begin on the Effective Date of this Agreement and shall remain in full force and effect until six [6] months post the date of the rental time slot (hereinafter the “event”), or until completion of the Services have been rendered, whichever comes first (hereinafter the “Termination Date”). This Agreement is limited to the Services outlined in the Proposal. At the Termination Date, the Studio and Renter may renegotiate the terms herein or continue on an ongoing basis as needed.

3.0 BOOKING/RESERVATION
3.1 Upon signature of this Agreement, the Studio will reserve the time and date agreed upon between the Studio and Renter for the event date and shall not make other reservations on the event.

4.0 PAYMENTS
4.1 The total fee for the Services is as outlined in the Proposal plus any applicable taxes.
Full payment shall be paid at the time of signature to reserve the event.

4.2 The Studio accepts payment via credit card.

5.0 PENALTY FEES AND CHARGES
5.1 In the event the Renter does not fulfill payment obligations upon the required deadline, the Renter shall pay all amounts due upon demand, together with any applicable late payment fees or collection costs. In the event the Renter does not make payment, the services are subject to termination as outlined in Section 9.0: Cancellation. No Services shall be rendered until final payments are received from the Renter.

5.2 The Renter agrees to their credit card being saved on file at the time of their payment. A cleaning or damage fee may incur should the rental be left unfit for the next renter. Damage includes, but is not limited to: spills, stains, scratches, and any other incidents beyond normal wear and tear that may occur to the studio, or its furnishings during the Renter’s occupancy. Provided that the Renter has fulfilled all obligations under this agreement and has left the studio space in the same condition as at the commencement of the tenancy, except for reasonable wear and tear, the Studio shall not charge the Renter's credit card.

5.3 If damages are identified, the Studio will provide the Renter with an itemized statement of the damages and associated repair costs. Any portion of the damage deposit not used for repairs will be returned to the Renter within the specified time frame. Renter agrees to pay reasonable additional repair costs to bring Studio back to working conditions.

5.4 The Renter agrees that the damage deposit cannot be used as payment towards Services and must be maintained separately from Service payments.

5.5 The Renter agrees that a $2/minute charge will incur for leaving the studio space late. This includes any take down of sets, props, and putting the studio back to it’s original form.

5.6 The Studio further reserves the right to engage a lawyer and/or collection agency. The Studio shall make two [2] attempts to contact the Renter prior to involving a lawyer and/or collection agency. In such a requirement, the Renter shall be responsible for all reasonable lawyer fees and costs of collection, should it be required.

6.0 LIABILITY & DAMAGE
6.1 The Renter agrees to provide proof of liability insurance under his/her/their name. In the case the Renter is not able to provide proof of liability insurance, he/she/they agrees that they release the liability of Studio Nevele in case of any injuries suffered by anyone who visited the studio on behalf of the Renter.

6.2 The Renter accepts full responsibility for themselves, their models/guests, and their belongings.

6.3 The Renter accepts sole responsibility for any damage to the Studio’s property, water and electrical features, furniture, and/or equipment that occurs while the Renter/their party occupies the Studio. Responsibility includes the loss of profits and refunds to confirmed bookings in cases when damages require the Studio to temporary close for repair.

7.0 REFUND POLICY
7.1 Should the Renter terminate their event booking 7 days in advance, a full refund (less system processing fees) shall be granted.

7.2 The Renter further understands that all anticipated results expected by the Renter that were not reached, do not under any circumstance constitute eligibility for a refund of any kind. This extends to, but is not limited to, any aesthetic dislikes on the day of the shoot.

8.0 RESCHEDULING
8.1 The Renter may reschedule the event date, without penalty, more than 72 hours’ notice to another date, subject to the Studio’s availability. If the Renter would like to reschedule the event date with less than 72 hours’ notice, additional fees shall apply, subject to Section 9.0: Cancellation.

8.2 Renter shall not sublease all or any part of the units or assign this agreement in whole or in part without the Studio’s effective written consent.

9.0 CANCELLATION
9.1 If a cancellation is requested with over 7 days’ notice of the event, the Studio will allow the Renter to cancel their agreement with a 100% refund or a reschedule.

9.2 If a cancellation is requested more than 72 hours in advance of the event, the Studio may allow the Renter to cancel their agreement prior to their event with a penalty of 50% of the agreement or a reschedule as outlined in section 8.0: Rescheduling.

9.3 If a cancellation is requested with less than 72 hours’ notice, the Studio will grant no refund or reschedule options.

10.0 TIME & CHECK-IN/CHECK-OUT
10.1 The Renter agrees that rental time begins promptly at their designated start and end times booked within this Agreement. This time includes all set up and take down for their Event. Failure to leave at your designated end time will result in overtime charges as outlined in Section 5.0: Penalty Fees and Charges. Additional hours may be requested during your designated rental time and permissions may vary based on the availability of the space.

11.0 GUEST COOPERATION AND CONDUCT
11.1 The Renter is responsible for the cooperation and conduct of all guests. The Renter understands any unchecked guest conduct that interferes with the Services & the Studio may affect the Agreement. If the Renter is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any guests damages the equipment of the Studio, it will result in the early or immediate termination of the Agreement. The Renter understands that in such an event, no refunds will be granted and any damage to equipment will be the responsibility of the Renter to replace or repair.

12.0 HARASSMENT
12.1 The Renter is responsible to ensure no harassment occurs throughout the duration of the Agreement to the Studio, it’s owners, or any accompanying staff of the Studio. Harassment is any unwelcome, inappropriate, threatening, hostile or offensive behavior or action concerning a person’s race, color, language, ethnic origin, sex, gender, marital status, pregnancy, disability, political or religious beliefs, or sexual advances and verbal or physical conduct of a sexual nature. Such harassment shall not be tolerated, and if the Studio, or any accompanying staff of the Studio experience harassment from a Renter or any guest of the Renter during the Agreement or on the event date, the Studio, and any accompanying staff, shall be allowed to immediately terminate their responsibilities under the Agreement and/ or immediately terminate coverage and leave the event.

13.0 HEALTH AND SAFETY
13.1 The Renter further understands that the Studio shall comply with all health and safety laws, directives, and rules and regulations. The Renter expressly agrees that during the event, the Renter(s)’ guests/agents shall not carry weapons or firearms, be exposed to severe illness, or request the Studio to do anything illegal or unsafe.

13.2 Further, the Studio will not provide Services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, the Studio reserves the right to end service coverage immediately and/or leave the event. The Studio shall be entitled to retain all monies paid and the Renter agrees to relieve and hold the Studio harmless as a result of incomplete event coverage, or for a lapse in the quality of the Studio’s Services.

13.3 The Renter shall not use the Studio for the purposes of storing, manufacturing, or selling any explosives, flammables, or other inherently dangerous substance, chemical, thing, or device.

14.0 PRIVACY AND CONFIDENTIALITY
14.1 The Studio agrees to respect the Renter’s confidential and proprietary information, ideas, plans and trade secrets and further agrees to not disclose any information pertaining to the Renter, inclusive of the Renter name, without the Renter’s written consent.

14.2 The Renter agrees to give the Studio permission to keep a confidential record of the Renter’s name, contact information, and any documented notes throughout the Services.

15.0 MINORS
15.1 Renters are solely responsible for verifying that all models employed during Renter’s rental period are of legal age for the activities they are to be engaged in. Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter or its visitors while on our premises. The Studio has no responsibility to determine or verify the age of participants in the Renter’s activities.

16.0 PROHIBIITIONS
16.1 The Renter agrees that they shall:
i. Not apply or insert adhesive materials, nails, or hooks in walls or ceilings;

ii. Not paint, wallpaper, redecorate or in any way significantly alter the appearance of the Premises;

iii. Not place, expose or allow to be placed or expose anywhere inside or outside the Premises any placard, notice or sign for advertising or any other purpose;

iv. Not bring or distribute alcohol or drugs;

v. Not photograph or video adult/pornographic content; and

vi. Not smoke, vape ,etc.

17.0 FURNISHINGS
17.1 The Studio agrees to supply the Renter with the following furnishings: a couch, coffee table, end table, wooden stool, accent chair, bouclé stool, a full-length mirror, and access to the prop wall in the hallway.

17.2 Other furnishings are available as “add-on” items to this Agreement.

17.3 The Renter shall return all items at the end of the agreement term in as good condition as was received at the start of the agreement, accepting normal wear and tear that might result from normal use of the furnishings in their expected course.

18.0 INTELLECTUAL PROPERTY
18.1 The Studio understands that the Renter shall retain full and exclusive creative rights to all original materials, photographs and similar items produced by the Renter in connection with the Services as outlined in this Agreement. The Studio shall not receive any proprietary rights to elements of designs or versions that were created and unused by the Renter.

18.2 The Studio understands that any intellectual property developed solely by the Renter under this Agreement without the participation of the other Party is and will remain the sole and exclusive property of the Renter. The Renter retains a non-exclusive, royalty-free, non-transferable, perpetual, worldwide right and license to use, reproduce, and publicly display in all media all deliverable(s) as part of their portfolio for marketing and promotional activities, both in print and online.

19.0 PHOTO RELEASE
19.1 Subject to Section 18.0: Intellectual Property, should the Renter provide the Studio with images, the Studio shall not share any images with service providers or vendors without explicit written permission from the Renter. If any service providers or vendors of the Renter are interested in the images, the Studio is required to inform service providers or vendors to contact the Renter.

20.0 LIMIT OF LIABILITY
20.1 The Renter agrees that the Studio, [and its employees, directors, officers, insurers, agents, successors, and assignees (collectively known as “Studio Nevele”)] is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Services and/or materials provided by the Studio. In no event shall the Studio be liable to the Renter for any indirect, consequential or special damages. Such limitation of liability shall extend to any persons at the event should injury or death occur due to carelessness around the equipment, or due to carelessness or misconduct regarding electrical wiring of the equipment.

20.2 The Renter agrees to indemnify Studio Nevele from any loss, injury or damage caused to persons using the Common Areas and Facilities or to vehicles or their contents or any other property on them, or for any damage to property entrusted to its or their employees, or for the loss of any property by theft or otherwise, and all property kept or stored in the Premises will be at the sole risk of the Renter.

20.3 The Renter shall defend, indemnify, and hold harmless the Studio, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay, arising out of, or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Studio. In consideration of, and as part of the Renter’s payment for the right to participate in the Services, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Studio and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Renter’s participation in the Services.

20.4 The Renter agrees to be liable for and indemnify Studio Nevele, its ownership, and staff from all actions, proceedings, claims, damages, costs, demands, including hospital costs, court costs, arbitration or legal fees, and liabilities of whatever nature or kind arising out of or in any way connected with the rental or any behavior exhibited during the rental session at the Studio.

20.5 Renter agrees to release Studio Nevele its agents or owners, representatives, and anyone acting on behalf of Studio Nevele completely from any responsibility, action, legal or otherwise, that results from Renter’s (or anyone related to the Renter’s party) actions and conduct.

20.6 Additionally, Renter agrees to indemnify Studio Nevele, of any liability or responsibility for Renter’s, or any of the Renter’s associated party, behavior and conduct towards another person at any time while on Allure Studios’ property or general area of Allure Studios’ facilities.

20.7 It is agreed between the Studio and the Renter that Studio Nevele will not be liable for any loss or damage caused by acts or omissions of other Renters or occupants, their employees or agents or any persons not the employees or agents of the Studio, or for any damage caused by the construction of any public or quasi-public works, and in no event will Studio Nevele be liable for any consequential or indirect damages suffered by the Renter.

21.0 REPLACEMENT
21.1 In the event the Studio cannot, will not, or is unable to perform the Services in any or all parts of this Agreement, the Studio will: (i) Immediately give Notice to the Renter; (ii) replace the contracted event with another date; (iii) If another date is not available or the Renter does not approve of the alternate date, the Studio will issue a refund or credit based on a reasonably accurate percentage of Services rendered; and (iv) Excuse the Renter of any further performance and/or payment obligations in this Agreement.

22.0 PRICE GUARANTEE
22.1 All fees outlined in this Agreement expire upon completion of event. The Studio reserves the right at any time post the date of expiration to change, alter or modify the Studio rates, fees and/or Services.

23.0 AMENDMENTS
23.1 This Agreement, in combination with the Proposal shall supersede all prior and simultaneous Agreements between the Parties. Only changes or modifications specifically placed in writing, attached, dated, and signed by the Renter and the Studio at the time of acceptance of this Agreement shall be recognized as amendments to this Agreement.

24.0 DISPUTE RESOLUTION
24.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent, the Renter and the Studio agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not resolved, and in the event of legal action, the prevailing Party shall be entitled to recover the attorney’s fee and associated court costs from the other Party.

25.0 SEVERABILITY
25.1 If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

26.0 FORCE MAJEURE
26.1 Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of Services, such as:
• an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricane, flooding, storms or infestation);
• or other (inclusive of hostility, war, invasion);
• or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).

27.0 JURISDICTION
27.1 This Agreement shall be interpreted and governed in accordance with the laws of the Province of Manitoba.

28.0 ENTIRE AGREEMENT
28.1 This document reflects the entire agreement between the Studio and the Renter. The Parties agree to the terms and conditions set forth above as demonstrated by their agreement marked below.

Studio nevele rental agreement

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By renting Studio Nevele, you agree to comply with these policies and guidelines. Studio Nevele reserves the right to update or modify these policies as necessary. If you have questions or concerns, please feel free to email hello@studionevele.com. Thank you for choosing Studio Nevele and we look forward to hosting you!