ENTIRE AGREEMENT: This agreement contains the entire understanding between Studio Manor and the Renter.
RESERVATION / RENTAL PERIOD: Once the rental fee is paid in full, Studio Manor will reserve your date and time and will not make other reservations for that time and date. Retainer is non-refundable, even if the rental is cancelled. When booking, renter included setup and tear down in their time frame. All renters who stay past their rental period will incur a 1 hr ($40) charge.
EXCLUSIVITY: Renter agrees that they are the sole renter of the studio. Renter CANNOT rent the studio to other photographers or users and cannot profit in any way from the studio outside of the session they are photographing / blogging / private use, etc. Renter agrees they will be present when their clients enter the studio and will not give out the code to let them in.
WAIVER OF LIABILITY / CONDUCT: Renter assumes all responsibility for any damage to equipment or the studio, done by themselves or their client's in the studio during their rental and agrees to hold Rachel Wehan Photography and Studio Manor NON Liable for any or all liability or damages, arising due to the actions of Renter or guests while on the premises.
EQUIPMENT / DAMAGES: Renter agrees and understands that the furniture selection is not guaranteed at any time and is subject to change. The studio agrees to provide equipment in good working order, but cannot guarantee specific furnishings. Studio will try their best to post any new furnishings to the Instagram account. Renter agrees to report any and all damages to email@example.com immediately after rental period (even if damage was present upon arrival). Renter is responsible for any damages to equipment or the space that occurs during their rental period and will be billed accordingly.
INSURANCE: Renter agrees to have liability insurance at the time of their rental period. Renter's liability insurance shall be deemed primary and noncontributory insurance.
CLEANING: Renter agrees to leave the studio in the same condition that it was when they entered. Renter agrees to no smoke bombs, champagne sprays, paint, or other products that may cause permanent damage during their rental period. Renter may use confetti (not glitter) is cleaned entirely. Studio owner will dispose of trash in the trash bins in the kitchenette, bathroom, and studio space. If the trash bags are overflowing, please dispose in the dumpsters to the left of the front door. If items listed above (champagne, glitter, etc) are used, or Renter leaves a mess, they will be billed a $100 cleaning fee. Renter agrees to dispose of all food brought into the studio. If there are no trash bags or if trash is full, please let studio owner know immediately. If the bed is used, Renter agrees to take off the old sheets and replace with a clean pair provided on the shelf of the studio, wipe down furniture, swiffer floors, and lock up.
ALCOHOL, SMOKING, USE OF DRUGS: Renter agrees that no illegal drug or substance use will occur on Studio Manor's property. Renter agrees that during their rental period, no smoking or vaping will be of use in the studio. Renter will incur a fee of $200 charge if the no-smoking (vape included) is not followed. Renter is responsible for serving alcohol to clients and assuring they are 21 years of age.
ARBITRATION: Any controversies or disputes arising out of or relating to this agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually accepted arbitrator knowledgeable about issues relating to the subject matter of this agreement. In the event the parties are unable to reach an agreement-each party will choose an arbitrator and in turn those two will choose one-all three who will preside over the matter. The arbitration shall take place in a location that is centrally located between the parties unless other arrangements agreed upon. All non-privileged documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available for the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform the respective obligations under this agreement.
AMENDMENT: This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the Renter and the studio at the time of this contract's signing shall be recognized as amendments to this contract.
GOVERNING LAW: The laws of Pennsylvania govern all matters arising out of or relating to this Agreement, including torts.
SEVERABILITY: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
NOTICE: Parties shall provide effective notice (“Notice”) to each other via in person or by certified mail, return receipt to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other party in writing.
WAIVER OF CONTRACTUAL RIGHT: The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with any other provision of this agreement.