Terms and Conditions

General Standard Terms and Conditions

These General Terms and Conditions to the Studio Rental Agreement (“Agreement”) dated between Apex Photo Studios, LLC (“Apex”) and are hereby incorporated by this reference in the Agreement. Capitalized terms otherwise not defined herein shall have the meanings associated with them in the Agreement.

1. Condition of Studio:The Studio(s) are provided “as is and with all faults” with the user accepting all defects, if any; and the provider makes no warranty of any kind, expressed or implied, with respect to the Studio. The Producer agrees to leave the Studio in the same condition as when received by Apex. Promptly following the expiration of the Term and, if applicable, promptly upon the completion of any additional use by Producer of the Studio, Producer shall remove from the Studio all structures, equipment and other materials placed thereon by Producer.
2. FOR A RESCHEDULE OR CHANGE REQUEST REGARDING STUDIO BOOKINGS ONLY*:

All reschedules and change requests must be made in writing to info@apexphotostudios.com

 

3. FOR A RESCHEDULE OR CHANGE REQUEST REGARDING EQUIPMENT RENTALS ONLY*:

All reschedules and change requests must be made in writing to info@apexphotostudios.com
a. If a reschedule occurs more than 72 hours before the commencement of the term:
There will be a 15% restocking fee. Apex will cancel the booking and refund less a %15 restocking fee to the original method of payment.  A new booking must be created for the new date and time.

*THIS APPLIES TO CHANGES AND RESCHEDULES ONLY, NOT CANCELLATIONS.

 

4. Cancellations.All cancellations must be made by email or in writing and delivered to Apex at least fifteen (15) calendar days prior to the commencement of the Term.

IF CANCELLATION OCCURS MORE THAN 72 HOURS BEFORE THE COMMENCEMENT OF THE TERM, THEN FULL REFUND MINUS A 15% PROCESSING FEE WILL BE MADE BY APEX. IF CANCELLATION OCCURS IN LESS THAN 72 HOURS BEFORE THE COMMENCEMENT OF THE TERM, THEN PRODUCER SHALL BE GIVEN CREDIT FOR STUDIO TIME. APEX SHALL USE ITS REASONABLE COMMERCIAL EFFORTS TO GET THE SAME SPACE BUT IF NOT, THEN THE MOST COMPARABLE SPACE SHALL BE OFFERED TO THE PRODUCER. IN THE CASE OF A CLIENT NOT ARRIVING FOR THEIR STUDIO BOOKING WITHOUT A NOTICE(NO-SHOW) NO REFUND OR CREDIT WILL BE GIVEN.

Producer(s) recognize that the foregoing cancellation policy is not intended to be punitive, but, reflect Apex foregoing actual or potential business opportunities in reserving the Studio for Producer(s) and diminished ability to rent the Studio within fifteen (15) days or less prior to the event date.

5. Force Majeure Event.The Term shall be subject to modification due to acts of God, war, riots, or extreme inclement weather conditions (collectively “Force Majeure Event”). If a Force Majeure event continues for longer than two (2) days or if the Studio is thereafter deemed uninhabitable, this Agreement shall terminate and the parties shall have no further obligation hereunder. Notwithstanding the foregoing, Producer shall receive credit for the amounts paid and Apex shall use its reasonable commercial efforts to accommodate the Producer at a rescheduled time.

 

6. Payments.All payments due herein shall be made using cash, cashier’s check, or online payment. For credit card payments, please see the attached form. If payment is made via check, it should be sent in advance in order to be deposited and cleared 72-hours prior to the production start date.
7. Insurance.Proof of liability insurance is required and due 72 hours prior to the commencement of the Term. The Producer shall provide to Apex the certificate of insurance and endorsement with the Apex named as an additional insured. The Producer shall email the certificate of insurance and endorsement to info@apexphotostudios.com or fax to 213.624.7014. The Producer is responsible for providing a Certificate of Insurance and endorsement at the following minimum levels: a) Commercial Liability Insurance for a minimum of $1,000,000 per occurrence and $3,000,000 aggregate; and, b) Naming “Apex Photo Studios, LLC” as additional insured is also required. The Producer assumes full responsibility and liability for any and all damages to the Studio and surrounding site.
8. Indemnity.Producer agrees to indemnify and hold harmless the Apex, its officers, staff, and agents working on its behalf, from any and all claims, actions, suits, costs, damages, and liabilities resulting from the breach of this Agreement, the negligent actions, willful misconduct or omissions of Producer, and Producer’s guests, invitees, agents, and sub-contractors. The Producer agrees to indemnify and hold Apex harmless from damage to the Studio and property located thereon and for personal injury occurring on the Studio during the Term and from any liability and loss incurred as a direct result of Producer’s activities on the Studio in connection with the Program. Neither the Apex nor its agents shall be liable for, and Producer agrees to defend and hold Apex, and its agents harmless from, any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Studio by any person, firm or corporation. The parties have specifically negotiated and mutually agreed upon the provisions of this paragraph.
9. General Terms and Conditions.The “Terms and Conditions” as attached hereto as Exhibit “A” are incorporated herein to include additional terms and conditions to this Agreement.
10. Severability.In the event any one or more of the provisions, or portions of provisions, of this Agreement shall be deemed by any legal authority to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions or portions of provisions contained herein shall not be in any way affected or impaired thereby.
11. Modification.No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by both parties.
12. Security.Apex, at its sole discretion, may mandate that during the Term additional security personnel are assigned to the Studio, which may involve additional fees over and above your facility rental fee.
13. Clean Up.The Producer shall be responsible for returning the Studio to the state that it was provided to them. All property belonging to Producer, Producer’s invitees, guests, agents, and sub-contractors, shall be removed by the end of the Term. All property remaining on the Studio beyond the end of the rental agreement will be charged at the prevailing hourly rate. Should the Producer need special consideration for the removal of the property beyond the rental period, this can be arranged prior to the beginning of the event for an additional fee. Apex is not responsible for any property left behind by the Producer, Producer’s guests, invitees, agents, and sub-contractors. The Producer is responsible for any and all damages to the Studio and the surrounding site.
14. Billing Credit.Any billing credit and/or any identification of the Studio for Apex by the Producer shall be subject to the prior written approval of Apex. But in no event shall said identification/billing credit be beyond that which is reasonably related to the content of the Program.
15. Assignment.Apex shall have the right to freely assign this Agreement and/or any of Apex’s rights hereunder to any person, affiliate, firm or corporation. Producer shall not have the right to freely assign this Agreement and/or any of Producer’s rights hereunder to any person, firm or corporation without the express prior written approval of the Apex.
16. Remedies.If Apex fails to comply with any of its obligations under this Agreement, Producer’s rights and remedies shall be limited to the right, if any, to obtain damages at law, and Producer will not have any right in such event to terminate or rescind this Agreement or any of the rights granted to Apex hereunder (or to enjoin or restrain any development, preproduction, production, advertising, promotion, distribution, exhibition or exploitation of any of Apex’s productions or activities and/or any of Apex’s rights pursuant to this Agreement. The remedies herein provided are cumulative and the exercise of one shall not preclude the exercise of any others. No waiver by either party hereto of any failure by the other party to keep or perform any covenant or condition of this Agreement shall be deemed a waiver of any preceding, succeeding or continuing breach of the same, or any other covenant or condition. Producer acknowledges that Apex shall be entitled to seek injunctive and/or other equitable relief to prevent a breach of this Agreement by Apex, which relief shall be in addition to any other rights or remedies that Apex may have, whether for damages or otherwise.
17. Dispute Resolution; Governing Law; Forum:Any dispute arising out of or relating to this Agreement will be resolved by binding arbitration under the IFTA Rules of International Arbitration in effect at the time the notice of arbitration is filed. The prevailing party in any arbitration or other legal proceeding brought pursuant hereto shall be entitled to recover all of its attorney’s fees and expenses actually incurred. This Agreement shall be covered by and interpreted in accordance with the laws of the State of California (without regard to the conflict of laws provisions thereof). Producer and Apex hereby consent and submit to the jurisdiction of the state and federal courts located in Los Angeles County, California (“Forum”) with respect to any action arising out of or relating to this Agreement or the Picture. Any arbitration held under the IFTA Rules as aforesaid will be held in Los Angeles County, California. The parties will abide by any decision in the arbitration and any court having jurisdiction may enforce it. The parties hereby submit to the jurisdiction of the courts in the Forum to compel arbitration or to confirm an arbitration award.  The parties agree to accept service of process in accordance with the IFTA Rules.  Even if the applicable law provides otherwise, Producer agrees that any lawsuit again Apex whatsoever shall be litigated by Producer individually and not as a member of any class or as part of class or representative action, and Producer expressly agrees to waive any law entitling Producer to participate in a class action. 
18. Further Assurances.The parties hereto agree to execute and deliver such further documents and instruments as shall be required to effectuate the purposes of this Agreement. If Producer fails to deliver such additional documents within ten (10) days after a request therefor by Apex, Producer irrevocably appoints Apex as Apex’s attorney-in-fact, such appointment being a power coupled with an interest, for purposes of executing such additional documents on Producer’s behalf.

 

19. General Safety. By reserving and renting this Studio, the Producer acknowledges and agrees to the following safety guidelines:

-To stay at least 6 feet away from the railings around the Rooftop

-There shall be no filming, photography, or shooting on top of the elevator control structures

- There shall be no filming, photography, or shooting on the Rooftop when it is wet

- All equipment shall be secured and tied down or sandbagged on the Rooftop

-There shall be no skateboarding, biking, pogo-sticking, or similar activity on the Rooftop

- There shall be no dragging or dropping of large and/or heavy items on the Rooftop

- Producer shall discard of any trash in the trash receptacles located on the Rooftop

- Producer shall not leave any equipment on the Rooftop after the Term

- Producer shall not leave no equipment unattended on the Rooftop

- Producer shall not be on Rooftop prior to or after the Term. Doing so, may result in the payment of additional fees and penalties by the Producer in an amount equal to the prorated Rental Rates and Fees.

 

20. Stipulations and Rules of Conduct:By reserving and renting this Studio, the Producer acknowledges and agrees to these stipulations and rules of conduct:

• As a Producer, I am only receiving a license for the agreed-upon Studio space which may be limited to the rental time that has been reserved and paid for. Apex may restrict your access to the Studio for any reason immediately before and after your rental time has started and expired.
• I understand that set up can only start at the time the Term starts, and that “clean up” and “wrap up” should conclude  during and within the Term.  All equipment and personnel shall be out of the Studio by the time the Term ends. For any additional time that the Producer occupies the Studio for so called “clean up” and/or “wrap up” times, additional hourly charges shall  be charged per Section 2 of the Agreement, as applicable. .
• I must not act in a manner that, in the Apex’s sole discretion, does or is likely to adversely affect the peaceful operation of the Studio.
• I will not use the Studio for illegal purposes or in any manner that could tarnish the reputation of the Studio Provider or their Studio.
• I will not tamper with, borrow, or remove any property kept on the Studio.
• I will not cause or permit any hazardous substance to be used, stored, generated, released or disposed of on or in the Studio.
• I understand that I must maintain my rental area and the common areas of the Studio in a neat, clean, and in a sanitary condition.
• I will be held solely responsible for the agreed upon the rental area, including any common areas. I will be held accountable for any injury or damages sustained during the duration of the rental and occupancy on the Studio.
• I will be held liable for any guest, invitee, or visitor actions on the Studio.
• Any signs, symbols, or other objects displayed on the Studio must be approved by the Apex and must be removed immediately following the duration of the reservation.
• I will not have more than 15 people in Studios A, B, C, or D. I will not have more than 50 people in Studios E or F. I will not have more than 100 people in the Loft.  I will not have more than 40 people on the Rooftop A or B.
• I understand that no minors are allowed in the Studio without the supervision of their legal guardian.
• I understand that no animals are allowed in the Studio without the prior written consent of Apex.
• I understand that Apex reserves the right to remove persons who are engaging in disruptive, unprofessional, or illegal behavior and/or appear to be under the influence of alcohol or substances.
• I will take every precaution to protect the cyclorama wall, cyclorama coves, and cyclorama floors, if any, from damages and wear. I will not walk on any part of the corner or base coves of the cyclorama if any.
• I will not move the cyclorama on Rooftop A. The cyclorama on Rooftop A shall only be moved by Apex staff.
• I understand that, I,  nor any of my crew or talent members shall be allowed to skateboard or bike on the cyclorama on Rooftop A
• I understand that I, nor any of my crew members or talent are allowed to climb on the sides or back of cyclorama on Rooftop A

 

• I understand that the use of adhesive tapes such as but not limited to duct tape and gaffer tape on any walls or floors is prohibited.
• I understand that there shall be no access to the fire escapes or filming/shooting on or from the fire escapes.
• I understand that I will not access the Rooftop without the prior written consent of Apex. I understand that I nor any of my crew members or personnel may climb, hang, step-on or in any way access the top of the elevator shafts or hang from the railing or the ledge of the roof. 
• I understand that there will be no placement of any equipment or props on top of the elevator shafts or on railings or the ledge of the roof.
• I understand that there will be no fog, smoke, combustible, incendiary devices or paraphernalia on the roof.
• I understand that all filming, photographing or recording of other persons at Apex is strictly prohibited.
• I understand that the passenger elevator is only used for passengers and light gear. I understand that heavy equipment and other gear/props shall be transported in the freight elevators.
• I understand that I shall only be allowed to film, photograph or record in the Studio space that I rented.
• I understand that I may not film, photograph or record in the common areas, outside of the building, the employees of the Apex, other clients or anything other than the Studio space that I rented.
• I will not disclose the names or identities of other clients of the Apex or celebrities that may be present at Apex to any third parties unless required by law.
• I understand that I shall only be allowed to store any equipment, gear, and props in the rented Studio.
• I understand that I shall not store or leave any equipment, gear, and props in the common areas. I understand that the use of the following items is not allowed: CHALK, GLITTER, SAND, WATER, ANIMALS, CEMENT, CONFETTI, SMOKE FOG MACHINE, SMOKE, ALCOHOL, SEX, MARIJUANA, AND ANY DRUGS.
• I understand that PROSTITUTION, PORN, GAMBLING, EXOTIC ANIMALS and any other illegal activities are strictly prohibited at the Studio. Notwithstanding the foregoing, subject to the prior express written approval of the Apex exotic animals may be permitted.
• I understand that Apex does not operate any parking structures and is responsible and/or liable for any theft of my property left in my vehicle or for any vehicles that are locked in after a parking attendant has left or the parking is closed.