Studio Terms
“Company” is West Sioux Studios, LLC; “Premises” include the studio, conference space, office, restroom facilities, parking areas, and outdoor shooting spaces; “Customer” is the person or entity booking and/or using the Premises and/or equipment.
Customer Access
Customer is granted access to West Sioux Studios, LLC premises including studios, meeting rooms, common areas, outdoor shooting areas, and other locations managed by the company, as required to fulfill intended purpose of the purchase item, studio rental, class participation, etc…
Studio Reservations
Studio/Meeting spaces must be reserved via the facility online calendar, or through written communication with a studio employee. Customers will receive written confirmation email either the online calendar or from the studio manager they booked the studio space with, customers should not consider the studio space reserved until they have received written confirmation with the date and times specified. No verbal confirmations.
Payments & Deposits
Customers are responsible for any bank charges levied against West Sioux Studios, LLC, that may occur from insufficient funds or other penalties incurred in the course of attempting to process the customer’s payment. In order to confirm and hold a booking, all customer fees, plus any refundable leaning/damage deposits must be paid in full at the time of booking. West Sioux Studios, LLC reserves the right to re-run any automatic bank drafts.
Cancellations – Studio Space
Cancellations of confirmed bookings are permissible 48 hours or more prior to rental/booking date, membership credit or refund will be made. Any cancellations made within 48 hours of rental date are subject to loss of partial or full refund.
Termination of Studio Booking
West Sioux Studios, LLC reserves the right to terminate the booking of any customer, with no responsibility to refund or pro-rate any prepaid fees. Reasons for termination include but are not limited to, repeated rule infractions, use of illegal drugs and/or alcohol on the premise, arriving to the studio under the influence of illegal drugs and/or alcohol, bringing illegal drugs and/or alcohol onto the premise, and disrespectful behavior to members and/or West Sioux Studios, LLC employees. West Sioux Studios, LLC has complete discretion and authority in the termination of studio booking.
Refunds
All qualifying refunds will be made by company check once payments and deposits have cleared West Sioux Studios, LLC accounts. In the event that West Sioux Studios, LLC must cancel a booking, customers will be given rescheduling priority or refund. West Sioux Studios, LLC is not liable for acts out of its control that affect the shoot, such as building equipment failures, power outages, weather, acts of God or emergencies. In such cases, West Sioux Studios, LLC will work with the customer to reschedule or refund studio hours as best satisfies both parties. If cancellation is made more than 48 hours prior to the booking time and date, cancellation and processing fees may be waived by West Sioux Studios, LLC, at the discretion of West Sioux Studios, LLC, if the session is rebooked within five working days and the studio calendar can accommodate the new shoot date and time.
Length of Use
Studio use periods are pre-arranged at the time of booking. A customer’s studio time begins promptly at the designated starting time and ends promptly at the designated ending time. Studio use time includes set up and break-down. Studio/Conference Area must be cleaned and vacated by the end of the pre-determined ending time. No prior drop-off and/or pick-up after completion of shoot, of equipment, props, etc. unless negotiated ahead of time with West Sioux Studios, LLC management. Additional fees may apply. Early or extended hours must be worked out and paid for in advance with West Sioux Studios, LLC management.
Hair/Makeup Studio
Each photography studio is equipped with a basic hair/makeup station. Use of the in-studio hair and makeup station is provided to all members and renters, during their designated time of booking. However, the Hair/Makeup Studio is its own studio space requiring pre-booking and payment for use. It does not function as a lobby or waiting room for members, renters, models, or guests. The Hair/Makeup Studio should be booked ahead of use, using the online booking calendar. Hair/Makeup Studio may be booked concurrently or independently with other studio on the premise.
Studio Meeting Room
The Studio Meeting Room is its own studio space requiring pre-booking and payment for use. It does not function as a lobby or waiting room for members, renters, models, or guests. The Studio Meeting Room should be booked ahead of use, using the online booking calendar. The Studio Meeting Room may be booked concurrently or independently with other studio on the premise.
Subleasing Studio Space
Customers are expressly forbidden from subleasing studio space. Any instances of subletting of studio space will result in immediate termination of bookings and legal action.
Changing Spaces
Each studio is equipped with a designated changing space, for models and customers to change privately behind a curtain. All premises at West Sioux Studios are monitored by security cameras. Please direct models to change utilizing the designated changing space to ensure their privacy. For additional privacy the bathroom may also be used as a changing space.
Common Space / Loitering
West Sioux Studios has no “common” space such as a lobby or sitting room. All guests including, photographer, model, support staff, family members, etc… are expected to be in the designated studio while on the premise. Guest should not gather in other studios (even if unoccupied), hallways, the entry space, or other spaces around the studio premise.
Cleaning & Trash
Customers agree to leave the premises and all contents and fixtures in the same condition as they were when the customer arrived. West Sioux Studios, LLC will dispose of trash collected in the supplied trash cans. Customers must discard larger items, such as personal props and set pieces. Disposal of large amounts of garbage due to large sets may also accrue additional costs. All items brought to the premises by a customer are to be removed by the customer who brought them. Items left after 7 days will be assumed abandoned and may be discarded or kept by West Sioux Studios, LLC for studio use, with no compensation due to the customer, at the discretion of the West Sioux Studios, LLC. If a customer does not return premises to the order and cleanliness found when the customer arrived, West Sioux Studios, LLC will charge a minimum $50 cleaning fee.
Lost or Stolen Items
West Sioux Studios, LLC is not responsible for any lost or stolen items. Customers are asked to contact West Sioux Studios, llc management as soon as possible in an attempt to recover any lost or stolen items. West Sioux Studios, llc takes no responsibility for the location, recovery, or return of any items alleged to have been lost or stolen on the premises.
Additional Rules
Additional Rules not outlined in this agreement may apply, please check the Studio Rules for a complete list. A copy of the Studio Rules can be acquired from studio management.
Drugs and Alcohol
No smoking whatsoever is allowed on the property, either inside or outside of the building. No alcoholic beverages or illegal drugs are allowed on the property. No one will be admitted who is, or suspected to be, drunk or under the influence of illegal substances.
Animals and Pets
Customers must acquire prior consent of West Sioux Studios, llc management before animals or pets are permitted inside the building; service animals or companion pets are allowed with proper documentation. Customers are always required to clean the premise after each use, however, customers bringing in pets and animals are additionally encouraged to also bring in any additional products that may be required to clean up after the animal. Additional Cleaning and Repair fees will charged accordingly if additional cleaning or repairs are required after customer’s session.
Waiver of Liability
Use of company premises and equipment is at customer’s own risk. Customers hereby agree that West Sioux Studios, LLC will not be held personally or financially liable for any direct, indirect, incidental or consequential damage, injury or loss to customer, his party or possessions while on the premises. Customer holds harmless and indemnifies company and its owners, agents, representatives, associates, officers, employees, guests and tenants against any suit, claim, loss, accident, judgment, fine, injury or damages, including reasonable attorney’s fees. This indemnification shall continue in full force and effect during and after the term of the use for such causes arising during the term of use.
Conduct
This is a shared studio/conference space and we maintain a professional environment. Customers shall be solely responsible for the conduct and welfare of all persons accompanying them while on West Sioux Studios, LLC premises. Customers agrees that West Sioux Studios, LLC representative may, at their sole discretion, be present at all times. If the representative observes or otherwise becomes aware of dangerous, pornographic, illegal or negligent practices or activities, the representative reserves the right to stop the shoot and may require a customer and his party to leave immediately. The authorities may be alerted to any real or reasonably perceived illegal activities witnessed by a West Sioux Studios, LLC representative. In such cases no refund will be given for the unused time. However, West Sioux Studios, LLC and its representatives assume no responsibility to act in such cases.
The premises of West Sioux Studios, llc are often occupied by families and young children, all music is to be kept under a reasonable volume and be free of vulgar or offensive lyrics and themes so as not to cause disruption to other members, renters, or guests.
Age of Models
Customers are solely responsible for verifying that all subjects and models are of legal age or accompanied by a parent or legal guardian. West Sioux Studios, LLC has no responsibility to determine or verify the age of participants in the Customer’s activities but reserves the right to demand proof of parental consent if models or subjects are or are perceived to be under the age of 18 and to end those activities if West Sioux Studios, LLC becomes aware that legal age violations are occurring. West Sioux Studios, LLC is not liable in the case of an invalid ID or any other forms of age verification nor does West Sioux Studios, LLC assume any responsibility to act in such cases.
Insurance
Individuals, Businesses, Corporations, Production Companies and other legal entities may be required, prior to rental, to present a certificate of general liability insurance naming West Sioux Studios, LLC as additionally insured on the dates of the rental/booking. If so required, the customers liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit. Liability insurance shall be commercial General Liability with a minimum of $1,000,000 per occurrence & general aggregate.
Equipment
West Sioux Studios, LLC agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Customer’s purposes. Customers shall notify West Sioux Studios, LLC immediately of any malfunctions, damage or other issues with the equipment. There is no studio phone service provided. Customers are advised to bring a cell phone.
Damage
Customers shall be solely responsible for any damages to West Sioux Studios, LLC property or equipment that occurs during the time a customer or his party occupies the premises. Damage deposits will be held until repairs can be made. If the damage exceeds the amount of the damage deposit, Customers agrees to pay reasonable additional repair cost to bring damaged equipment back to working condition. Customers agrees to pay for damage to the premises including spills, excessive wear, marks or stains on furniture, fixtures or painted surfaces. Customers are responsible for damage caused by all guests brought into the studio, including family and children of the client
Excessive Booking
As we are a community of photographers and creative individuals, we aim to keep the studios available to all. Therefore, it is not allowable for one renter or a group of renters to book a majority of the studio hours; blocking other customers from renting the studio. We ask customers to notify management before booking more than 10 studio hours in any one week for sessions. West Sioux Studios administrators reserve the right to cancel sessions beyond 10 studio hours a week if prior notice is not given.
Arbitration and Miscellany
If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claims to binding arbitration subject to the commercial arbitration rules of the American Arbitration Association. This arbitration will take place in Minnehaha County, South Dakota. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the American Arbitration Association. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suite, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Nothwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $100.
Customers shall comply in all respects with all federal, state, county, city or other local laws, regulations and ordinances and all rules and regulation of any governmental authority, in connection with this Agreement. This Agreement incorporates the entire understanding and agreement between West Sioux Studios, LLC and Customer. Any modification of this Agreement must be in writing and posted in the studio. Any waiver of a breach or default hereunder shall be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of South Dakota shall govern this Agreement.
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