STUDIO RENTAL AGREEMENT

[Cacho Collective LLC, DBA White Raven Studio]

This Agreement is between you (“Renter”) and [Cacho Collective LLC, DBA White Raven Studio] (“Company”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Renter renting a studio location from Company. This Agreement shall become effective upon the booking confirmation of studio rental.

PAYMENT

Retainer Amount Due at Signing of this Agreement: [100%]

 TERMS AND CONDITIONS

 1. Scope of Services & Studio Rental Coverage

Company shall provide Renter with the following:

• Use of indoor space by way of unique access code
• Backdrops/Seamless paper (seasonal)
• Props
• Furniture in the rental including [tables, chairs, couches, drapes, rugs, bed, desk, etc.]

Company grants Renter a limited and revocable license to use Company’s space for Renter’s event on the Rental Date and Time subject to the terms of this Agreement. In addition, Company will provide the Services listed in this Agreement. 

WIFI internet service and Bluetooth speakers are available during rental period. Passwords and codes for access will be provided to Renter upon entry into the studio.

Rental hours begin when Renter arrives, and time ends when the hours paid for in advance have elapsed. This includes ALL set up and breakdown of any equipment, props, etc. by Renter. Company will provide rental services for the dates, locations and continuous hours specified in this Agreement. Additional hours may be added at a rate of [$65] per hour by agreement prior to or on the rental day, will be invoiced by Company to Renter. Invoice must be paid in full before rental date, or within [5] business days after the rental date if Renter chooses to extend their rental period time day-of with the mutual consent of Company.

2. Fees

Renter shall reserve the time and date of services by agreeing to these terms and conditions along with a non-refundable reservation fee equal to 100%  of the entire rental fee “Reservation Fee”. No rental date is reserved until this Agreement is agreed upon and Reservation Fee is received. The balance due for services must be paid upon booking. In the event Renter fails to remit payment as specified, Company shall have the right to immediately terminate this Agreement with no further obligation and retain any monies already paid as liquidated damages.

 The fees in this Agreement are based on Company’s current rental pricing at the time of booking. The rental price list is adjusted periodically, and future bookings will be charged at the prices in effect at the time. 

 Late Fees
The guest that books the space will be assessed a late fee. The late fee is calculated by how many minutes past the original reservation the guest or The Group associated with the event leaves the space. The rate is $5/minute every minute past the original reservation. The card on file will be charged the late fee.

Miscellaneous Fees

-Boudoir Photography: $150 fee and permanent prohibition from future studio use

-Leaving any entrance(s) open after rental: $40

-Leaving Security Camera blocked after rental: $25

-Pets on seamless paper and/or pet messes: $30

3. Rented Items

All items in the rental space, including but not limited to, [tables, chairs, lighting equipment, paper seamless backdrops, props, clamps, tape, scissors, containers, linens, lighting, etc.] may used for the rental by Renter but belong to Company unless stated otherwise in this Agreement. Renter is responsible for keeping all rented items in the space in the same or similar condition as it was delivered to them, following the rental. In the event rental items are missing or damaged, Company reserves the right to contact Renter with the amount due and invoice as necessary. Refusal to pay invoice will result in prohibition of Renter from any future use of the studio until the invoice is paid. Any additional items needed for the rental must be purchased by the Renter in advance and brought to the studio on the day of their rental.

Company will allow the following equipment and items to be used by Renter:

Black couch, brown leather couch, green couch, live plants, throw pillows, throw blankets, rolling walls, seamless paper rolls, c-stands, bean bags, rugs, chairs, room divider, decorative ladder, desks, side table, anything in the white cabinet: painters tape, scissors, light reflector, cleaning supplies, trash bags, etc.

Company agrees to provide equipment in good working order but maintains no special guarantees as to equipment’s functionality or suitability for Renter’s purpose. Renter should notify Company immediately of any malfunction, damages, or other issues with rental studio equipment at the beginning of their allotted time.

4. Cancellation by Renter 

If for any reason Renter cancels their appointment, Company will not issue any percentage of funds obtained for the rental. Studio Rentals are Nonrefundable.

5. Rescheduling by Renter 

In the event Renter needs to reschedule the rental, they may do so by visiting the rescheduling link in their confirmation email as late as 1 hour before their scheduled start time. Failure to do so prior to 1 hour before scheduled start time will result in a missed appointment that is for which fees will be nonrefundable. Renter may reschedule an unlimited number of times without penalty.

6. Duty of Company

Company will ensure that all spaces conform with the specifications in this Agreement on the rental date. Other than set forth in this Agreement, the property will be provided as-is. Rental understands that Company staff may enter and exit premises during the rental period. Company shall ensure that a representative will be available remotely during the entire rental period and may be checking periodically with the responsible parties to ensure everything is operating correctly. Company will also be checking the restrooms, the overall premises, replenishing hand towels, toilet paper, and will be available by phone for questions or to respond to needs or issues that may arise during the rental.

Company takes no responsibility for personal effects and possessions left on premises during or after any rental period. Company maintains a lost and found and will hold recovered items up to [30 days]. Company will donate all items not claimed within [30 days]. Renter must either pay for shipping or come pick them up if an item is left on the premises. 

7. Duty of Renter

Renter agrees to arrive on the property for the rental period on time and on the date agreed to within this Agreement. In the event Renter is late, Company shall not be liable for failure to extend service coverage.

Renter shall leave the property in the same or similar condition as it was delivered to them. Failure to do so will result in damage/cleaning fees. Renter shall lock up the space when leaving the space. Renter shall receive a unique lock code during their rental period that they will use to lock up the space. Renter shall not share with any person their unique lock code. Any outside materials brought to the property by Renter or any third-party on Renter’s’ behalf must be completely removed immediately following the rental.
Renter will be responsible for any damage caused to the property during or related to the rental, beyond ordinary wear and tear, and shall pay for the repair of any such damage via an invoice from the Company. Renter will dispose of all trash collected in supplied trash bins. Disposal of large amounts of garbage due to large sets may accrue additional costs, and Renter will be invoiced for any additional fees. To avoid these additional fees, Renter may take trash to dumpster on the Katy Depot property.

Renter shall be solely responsible for the conduct and welfare of all persons accompanying the rental space and shall hold Company harmless from any injuries or issues related to third-parties on the premises.

8. Studio Prohibitions
The following are prohibited at the rental property: (i) nails, staples, glues, screws, tacks, or the like on the walls, ceilings, or floors (command strips and painters tape are provided, or Renter is encouraged to bring their own); (ii) holes in the walls, partitions, ceiling, or floors; (iii) painting of any signs, placards, or other advertising, banners, pennants, awnings, or the like; (iv) fireworks or pyrotechnics of any sort; (v) hazardous, poisonous, or flammable materials; (vi) glitter, rice, smash cakes , confetti, silk flower petals, bird seed, or silly string; (vii) drugs of any kind, including recreational marijuana; (viii) smoking of any kind, including vaporizers, outside of designated smoking areas, (ix) alcohol of any kind that is not distributed by an authorized beverage company with proper permitting; (x) duplication of physical keys, or sharing of unique lock code, and (xi) boudoir, nude, or partially nude photography is STRICTLY prohibited. Any modifications to these standard prohibitions must be approved through written consent of Company.

Boudoir, Nude, Partially Nude photography

Boudoir, nude, or partially nude photography is STRICTLY prohibited. Any violation of title “xi” as stated above will result in an automatic $150 charge to Renter. Renter will also be prohibited from future use of the Studio in any capacity. Company does not accommodate the usage of the studio in this way in an effort to protect the privacy and security of both Renter and Renter’s clients, as well as the family-friendly integrity of the Katy Depot, its merchants, and its tenants. The studio does not guarantee 100% privacy from the hallways and foot traffic of the Katy Depot. Renter will not block entrances or the security camera in order to bypass these rules. 

9. Damage

Renter shall be solely responsible for any damage to Company’s property or equipment that occurs during the time Renter, or their party occupies the Premises. This includes any damage that is done or violations that are made if the Studio’s security camera is blocked by a rolling wall, backdrop, or any other prop that obscures the view of the entire room. DO NOT BLOCK THE SECURITY CAMERA. You will incur an automatic fee. Company agrees to pay reasonable repair/replacement costs to bring damaged equipment back to working condition. Renter agrees to pay for damage to the Premises including food/drink spills, excessive wear, marks or stains on furniture, fixtures, or painted surfaces, etc.

Damage fees will be charged to the credit card on file at the amount equal to the depreciated value of the damaged item. Cleaning fees will be charged to the credit card on file at a rate of $75 per hour according to the time necessary to bring the space back to pre-rental condition. In the event that the credit card on file does not work or is declined and the company cannot reach Renter, Renter will not be allowed at the studio until cleaning/damage fees are paid.

 10. PET POLICY
All pets are to be held or on a leash with the owner or a handler at all times. If not, they need to be crated. Pets are not allowed on studio furniture directly. Sitting on the laps of handlers or owners is permitted. 

Any “accidents” that happen on the property must be cleaned/picked up, bagged (bags need to be brought by owner) and thrown away outside of the property—NOT IN THE TRASHCAN.

ANY VIOLATION OF THIS POLICY WILL RESULT IN A MINIMUM FEE OF $50 PLUS ANY ADDITIONAL FEES TO COVER DAMAGES CAUSED TO PROPERTY. 

11. Posting on Social Media

If Renter, Renter’s agents or guests on the premises post a photograph on social media, Company does not require, but appreciates that they tag “@whiteravendenison]” on Instagram and/or Facebook. They can either link to Company’s Facebook/Instagram page or type in the website address: https://www.whiteravendenison.com.

12. Harassment by Renter 

Renter understands and agrees to not harass the Company in any way throughout the duration of this Agreement and shall ensure the appropriate behavior of all guests and other persons at the rental space while Company is present. This includes, but is not limited to, harassment related to race/religion/sexual orientation/marital status/creed/color/sex/disability/physical size/weight/age/nationality/ancestry/place of origin, or any unwelcome sexual advances including verbal or physical conduct of a sexual nature. In the event Company or any of its agents experience any inappropriate, threatening, hostile or offensive behavior during this Agreement or from any guest or other person at the rental space, Company will terminate services and Renter must leave the premises immediately. Company shall be entitled to retain all monies paid as liquidated damages, and Renter agrees to relieve and hold Company harmless as a result of incomplete services and termination due to harassment.

13. Safe Working Environment

Renter understands and agrees that Company maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Renter further understands and agrees that during the rental period Renter and Renter’s agents shall not carry weapons or firearms, be exposed to severe illness, or request the Company to do anything illegal or unsafe. In the event any of these circumstances arise, Company reserves the right to end the rental service immediately and/or ask Renter to leave the premises. Company shall be entitled to retain all monies paid as liquidated damages and Renter agrees to relieve and hold Company harmless as a result of incomplete rental services.

14. NO WARRANTIES DISCLAIMER

COMPANY MAKES NO WARRANTY REGARDING THE SUITABILITY OF THE PROPERTY FOR RENTER’S INTENDED USE. INCLUDING NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE PROPERTY, ITS MERCHANTABILITY, CAPACITY, PERFORMANCE, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS.

15. Assumption of Risk & Release of Liability 

With informed consent, and for valuable consideration received as the undersigned, Renter agrees to assume and take on all risks and responsibilities in any way arising from or associated with the rental, and releases Company and all its affiliates, divisions, departments and other units, committees and groups, and its and their officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively “Releasees”), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that Renter may suffer at any time arising from or in connection with the rental, including any injury or harm to Renter, Renter’s death, or damage to Renter’s property, even if Renter has been advised as to the possibility of such (collectively “Liabilities”), and Renter agrees to defend, indemnify, and hold Releasees harmless from and against any and all Liabilities.

Renter further voluntarily assumes all risk of personal injury or death sustained during this rental. Renter recognizes that by signing this Agreement they are giving up irrevocably, among other things, all rights to sue Releasees for injuries, damages or losses. Renter also understands that this release is binding on their heirs, executors, administrators, legal representatives and assigns, as well as themselves. Renter agrees not to participate in the rental unless they are physically and medically able. Renter also affirms that they have adequate medical or health insurance to cover any medical assistance they may require. Renter affirms that they are personally responsible for all costs associated with medical treatment, vehicular damage, clothing damage, equipment damage, or property damage incurred. 

16. Third-Party Release of Liability 

Company assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of a third-party; (2) any defect in or failure of any equipment, or instrumentality owned, operated, or otherwise used or provided by a third-party; or (3) any wrongful or negligent acts or omissions on the part of any other party not under Company’s control. Renter hereby releases and holds Company harmless from any and all claims arising out of third-party occurrences.

17. Renter’s Responsibility to Secure Insurance – For Events Only

Renter understands and agrees that it has the responsibility to acquire any and insurance to protect themselves from unforeseen events, or extenuating circumstances beyond the Parties’ control. Renter agrees to indemnify and hold Company harmless for all such occurrences. Company may require Renter to present a certificate of general liability insurance with a minimum of $1,000,000 (one million dollars) per occurrence & annual aggregate.

Additionally, it is Renter’s responsibility to ensure that all third-parties have secured any and all insurance to protect themselves.

18. ADA Accessibility

White Raven Studio is handicap accessible and built to current Americans with Disabilities Act (ADA) standards and will be in compliance with the provisions of the ADA to the extent applicable to Company’s property.  

19. Communication

Company’s office hours are Monday – Friday from 8am-5pm. Company’s primary source of communication is through its email: hellowhiteraven@gmail.com. Company will respond to Renter’s emails within those office hours, and no more than [3 days/72 hours] after Renter’s email Company. Company reserves the right to terminate this Agreement in the event of a complete breakdown of communication with Renter or if Renter does not adequately respond to Company’s emails.

20. Indemnification

Renter shall indemnify, release, discharge and hold harmless Company, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Company from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Company may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company. 

21. Maximum Damages

The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Renter under this Agreement.

22. Force Majeure 

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 10 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. The Reservation Fee and all other payments made by Renter up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Renter’s account and must be used within 3 months from the date of Notice of the Force Majeure Event.

23. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Renter and remitted by Company. All sales tax will be included on invoices.

24. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by all Parties, and physically attached to the original agreement.

25. Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Grayson County, TX. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

26. Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Grayson County, TX unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

27. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

28. Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Company or Renter without written consent of all Parties. 

29. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement. 

30. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent. 

31. Counterparts & Facsimile Signatures 

A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Renter’s electronic agreement, may be used as the original.