Studio and Equipment Rental Agreement

Studio Rental Agreement

This Studio Rental Agreement with the attached Exhibit A “General Terms and Conditions” attached hereto (collectively “Agreement”), dated as indicated on invoice for the rental and use of the rooftop (“Rooftop”) and the photo studios (“Photo Studios”) of the property managed by Apex Photo Studios, LLC located at 1024 Santee St., Suite 800, Los Angeles, CA 90015 (“Apex”) is entered into by and between Client as indicated on Invoice (“Producer”) and Apex.  Photo Studios and the “Rooftop” shall hereinafter be referred to as the “Studio” or “Studios”.     In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:

1) Use of Studio

Apex hereby grants to Producer the exclusive right during the Term (as defined in your invoice) to enter upon and to utilize the Studio and to bring onto the Studio such personnel and equipment as Producer deems necessary in connection with the production of the (“Program”). Per the terms of this Agreement, Producer shall have the right to enter upon the Studio (with personnel, materials, vehicles, and equipment), erect and store (additional charges may apply for storage beyond the Term, as defined below) such equipment and materials, conduct activities upon and photograph and record at the Studio (including, without limitation, to photograph and record both the real and personal property, all of the signs, displays, interiors, exteriors, and the like appearing therein, if any) for the period (“Term”) specified below.

2) Rental Information. The parties hereto agree and acknowledge the following:

a. Freight Elevators Hours: 6:00 a.m. to 8:00 a.m. Pacific and after 6:00 p.m. Pacific only.
b. Passenger Elevator Hours: Available anytime.
c. Desired rental equipment is listed on the invoice.

d. Total number of people at the Studio is not to exceed: 

• Maximum of 15 persons per shoot for studios A, B, C, D 
• Maximum of 50 persons per shoot for studios E and F.  
• Maximum of 40 persons per shoot on Rooftop A and B
• Maximum of 100 persons per shoot  in the Loft
• Please visit the events page for event rates and capacity limits.

e. Term.    

The term of this Agreement shall commence on the dates and times indicated on the invoice (collectively “Term”) unless modified in writing by the parties.

f. Producer agrees and acknowledges that the Studio can only be rented in one (1) hour increments with the following minimum applicable time periods:

(i) Photo Studios A, B,C,D, E, F, and Rooftop B require minimum bookings of at least four (4) hours. (This includes set-up and clean up time.)
(ii) Rooftop A requires a minimum booking of at least two (2) hours. (This includes set-up and clean up time.)

(iii) Producer also agrees and acknowledges that for any booking that is between 8:00 P.M. to 6:00 A.M. (“After Business Hours”) the Studios can only be rented a minimum of four (4) hours at 2x the rental rates stated below (this includes set-up and clean up time).

1. Rental Rates and Fees. The Producer(s) agree to pay the following rental rates and fees:
   (i) Total Rental Amount Due

HOURLY RENTAL RATES FOR PHOTO/VIDEO PRODUCTIONS

STUDIO A: $65/HR | STUDIO B: $55/HR | STUDIO C: $105/HR,

STUDIO D: $60/HR | STUDIO E: $135/HR | STUDIO F: $105/HR

ROOFTOP A: $160/HR | ROOFTOP B: $105/HR

LOFT: $185/HR

HOURLY RENTAL RATES FOR EVENTS

EACH OF STUDIO A, B ,C, D: $130/HR,

STUDIO E: $315/HR | STUDIO F: $265/HR | ROOFTOP A, B: $370/HR

LOFT: $420/HR

not including processing fee (3.5%), cleaning fee, security fee, or storage fee when applicable

(ii) After Business Hours rental rate (“After Hours Rental Hours Rental Rate”) is double the rental rate stated above and applies to any bookings of the Studio for the any time slots that are before 6:00 am Pacific or past 8:00 pm Pacific and is less than ten (10) hours.
(iii) Additional Custom Time shall be subject to availability and written approval of Apex.
(iv) Each deposit is non-refundable and non-transferable.

g. Balance Due ( including tax and processing fees) 100% balance of the Total Rental Amount is due at the time of reservation/booking. If the commencement of the Term is less than seventy-two (72) hours away from the date of booking/reservation, 100% of the Total Rental Amount is due at the time of reservation/booking. If the Term extends beyond scheduled end time for more than one (1) hour and without the prior written approval of the Apex, the security deposit will be forfeited.

100% DUE ON RESERVATION/BOOKING

h. FOR A RESCHEDULE OR CHANGE REQUEST REGARDING STUDIO BOOKINGS ONLY*:

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

All reschedules and change requests must be made in writing to info@apexphotostudios.com
a. If a reschedule or change request 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.

j. 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 A 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 WILL NOT BE GIVEN CREDIT FOR STUDIO TIME OR A REFUND.  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.

k. Other: 

 

6. OPPORTUNITY TO REVIEW. By executing this Agreement the undersigned parties warrant and represent they have had an opportunity to review, including being presented with a copy of Exhibit A “General Terms and Conditions” and after such review or opportunity to review have read and fully understood all terms and conditions pertaining to this Agreement. Any adjustments, reviews or incorporations of client requests  or changes to this Agreement will incur a minimum of $250 fee.
7. MISCELLANEOUS.To the extent that any provision of this Agreement conflicts with any statute, law, regulation the latter shall prevail; provided, however, that in such event the provision(s) of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum requirements thereof. This Agreement expresses the entire understanding of the parties hereto and replaces any and all former agreements, negotiations or understandings, written or oral, relating to the subject matter hereof. Paragraph headings are for the convenience of the parties only and shall have no legal effect whatsoever. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. A counterpart signature page of this Agreement executed by a party and sent by facsimile or transmitted electronically in either Tagged Image Format Files (TIFF) or Portable Document Format (PDF) shall be treated as an original, fully binding and with full legal force and effect, and the parties waive any rights they may have to object to such treatment. The Agreement is not effective until each party has executed at least one counterpart.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement along with the attached General Terms and Conditions to be duly executed as of the day and year  first written above.

 

Exhibit “A”

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. 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

   i. If a reschedule or change request occurs more than 72 hours before the commencement of the term:
   a. First change request: There will be no penalty. Apex will cancel the booking and refund to original method of payment. A new booking must be created for the new date and time. 
   b. Second change request: There will be a 10% transaction fee. Apex will cancel the booking and refund less a 10% transaction fee to the original method of payment.  A new booking must be created for the new date and time.
   c. Third change or thereafter request: There will be a 15% transaction fee. Apex will cancel the booking and refund less a %15 transaction fee to the original method of payment.  A new booking must be created for the new date and time.
   
   ii. If a reschedule request occurs less than 72 hours before the commencement of the term:
   There will be a 15% transaction fee. Apex will cancel the booking and refund less a %15 transaction fee to the original method of payment.  A new booking must be created for the new date and time.

    

   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:

   i. 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  to info@apexphotostudios.com

   IF CANCELLATION OCCURS MORE THAN 72 HOURS BEFORE THE COMMENCEMENT OF THE TERM, THEN A 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 WILL NOT BE GIVEN CREDIT FOR STUDIO TIME OR A REFUND.  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.

EQUIPMENT RENTAL AGREEMENT 

Please Read Carefully. You Are Liable For Apex Photo Studios, LLC’s (“Apex”) Equipment From Time It Leaves Its Office Until They Are Returned To Apex Photo Studios, LLC and Apex Photo Studios, LLC Signs For Them.

 This Equipment Rental Agreement (“Rental Agreement”) dated as indicated in the invoice, is entered into by and between Apex Photo Studios, LLC’s (“Apex” or “Lessor”) and Client indicated on Invoice (“Producer” or “Lessee”).  This Rental Agreement constitutes an agreement or bailment of the Equipment (as defined below) and is not a sale or the creation of a security interest. Lessee will not have, or at any time acquire, any right, title, or interest in the Equipment, except the right to possession and use as provided for in this Rental Agreement. Apex will at all-times be the sole owner of the Equipment. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

All equipment orders must accompany a studio booking. Equipment rentals without mention or reference to a studio booking are subject to cancellation. Apex Photo Studios does not provide equipment to be use outside of the studio. 

1. Equipment.  Lessor agrees to rent and Lessee agrees to rent the equipment as indicated on the invoice. Additional equipment may from time to time be added as agreed on by both parties in writing. Any such additional equipment will be added in an amendment and/or a rental invoice describing such equipment, the rental rate, and security deposit. All amendments must be in writing and signed by both parties. 
2. Rental Period.  The rental period of the Equipment is indicated on the invoice, unless otherwise terminated in writing in accordance with the terms of this Agreement (“Rental Period”).  The first rental day of the Rental Agreement begins and ends on the dates listed on Lessee’s rental invoice. The number of days charged would be for the number of days  the Equipment is in the Lessee’s possession. The Rental Period shall terminate not on the “Return” date indicated on the rental invoice, but on the date of the Equipment’s physical return indicated by “Date In and Time In” on the invoice and Lessor’s signature on the return slip. The Rental Period may be extended by mutual agreement of the parties. Any extension of the Rental Period shall be subject to the same terms and conditions as this Rental Agreement.
3. Rental Fee. The rental rate for the Equipment is indicated on the invoice which shall pay 100% of the equipment rental period in advance of the Equipment pick up. If Lessee fails to make a 100% payment in on time, Lessor may terminate this Rental Agreement and repossess the Equipment. The daily rental charges are also set forth on the attached rental invoice. 

4. FOR A RESCHEDULE OR CHANGE REQUEST REGARDING STUDIO BOOKINGS ONLY*:

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

 

5. FOR A RESCHEDULE, CHANGE REQUEST OR CANCELATION REGARDING EQUIPMENT RENTALS ONLY:

Reschedules or Charge Requests:

i. If a reschedule or change request occurs more than 72 hours before the commencement of the term:

a. 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.

ii. If a reschedule or change request occurs less than 72 hours from the shoot date:

a. no credit or refund will be provided. 

6. Cancellations of equipment rentals:
i. 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 A 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 NOT BE GIVEN CREDIT FOR STUDIO TIME or REFUND. 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.

7. Maintenance/Storage/Loss of or Damage. Lessee shall use the Equipment only for its intended purpose and in a careful and responsible manner. Lessee shall not modify or alter the Equipment in any way without the prior written consent of Lessor. Lessee shall not use the Equipment in a manner that is likely to cause damage to the Equipment or to create a hazard to persons or property. Lessee is liable for all loss, damage or destruction of the Equipment, including but not limited to losses while in transit, while loading and unloading, while at any and all locations, while in storage and while on your premises. Lessee assumes all responsibility, obligation, and liability with respect to the possession of Equipment, and for its use, condition and storage during the term of this Rental Agreement except as otherwise set forth herein. Lessee will, at Lessee’s expense, maintain the Equipment in good mechanical condition and running order. The rent on any of the Equipment will not be prorated or abated while the Equipment is being serviced or repaired for any reason for which Lessee is liable. Apex will not be under any liability or obligation in any manner to provide service, maintenance, repairs, or parts for the Equipment within the course and scope of use by Lessee. All installations, replacements, and substitutions of parts or accessories with respect to any of the Equipment will become part of the Equipment and will be owned by Apex.  Lessee represents and warrants that Lessee shall use its best efforts to keep and maintain all of the Equipment in good condition and assumes full responsibility for all the equipment and supplies until the rented items are returned. The Lessee agrees not to remove, cover, alter or deface any tags, serial numbers or nameplates on the Equipment.   Lessee hereby represents and warrants that any person which it directs or allows to receive equipment from Apex and who shall sign for acceptance of said equipment is authorized by Lessee to do so (“Agent”). Lessee herein waives any obligation on the part of Apex to confirm said person’s authority to act on behalf of Lessee. 

8.Inspection of Equipment. The Lessee acknowledges that Lessee’s agent (as defined in paragraph 4 above) by executing a Rental Checkout Sheet for the Equipment warrants on behalf of Lessee that the Equipment has been examined and tested by Lessee and that the same is in good working order and condition. Apex has tested the Equipment in accordance with reasonable industry standards and found it to be in working order immediately prior to the inception of this Rental Agreement, and to the extent Lessee has disclosed to Apex all of the intended uses of the Equipment, it is fit for its intended purpose. Other than what is set forth herein, Lessee acknowledges that the Equipment is rented/leased without warranty, or guarantee, except as required by law or otherwise agreed upon by the parties at the inception of this Rental Agreement.

9. Return of Equipment. Lessee shall return the Equipment to Apex, together with all accessories, free from all damage and in the same condition and appearance as when received. The acceptance of the return of the Equipment is not a waiver of claims the Lessor may have against the Lessee, nor is it a waiver of claims for latent or patent damage to the Equipment including but not limited to f patent, latent or hidden damage to the Equipment. Apex shall have a reasonable period of time after return of the Equipment to discover any damages. In the event of any loss or damage to the Equipment, the Lessee agrees to pay the rental rate during the period of time Apex is deprived of the Equipment and until such time as it is repaired and/or replaced. The Lessee agrees that the value of the Equipment, in the event of damage and/or loss requiring replacement rather than repair of the Equipment is the replacement value as determined by the manufacturer’s list price at the time of said loss. 

10. Inspection/Repossession of Equipment. The Lessee agrees to admit any employee or agent of Lessor to enter the premises where the Equipment is kept for the purposes of checking the condition of the Equipment and/or for repossessing the Equipment in the event the Lessee is in default of any term of this Rental Agreement. 

11. Indemnity. Lessee shall defend, indemnify, and hold Apex, its agents, employees, assignees, suppliers, sub-lessors and sub-renters harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses and compensation whatsoever including court costs and attorneys’ fees (“Claims”), in any way arising from, or in connection with the Equipment, including, without limitation, as a result of its use, maintenance, or possession, irrespective of the cause of the Claim, except in the case of Apex’s sole gross negligence or willful act, from the time the Equipment is rented and checked out until the Equipment is returned and checked in by Apex and Apex signs a written receipt during normal business hours. 

12. Exclusive Possession/Non-Assignability of Lease. The Lessee shall not sublease or loan the Equipment or assign this Rental Agreement to any other persons, firms or corporation and the Equipment shall at all times remain under the immediate, exclusive control and direction of the Lessee.

13. Protection of Others. Lessee shall take reasonable precautions in regard to the use of the Equipment to protect all persons and property from injury or damage. The Equipment shall be used only by your employees or agents qualified to use the Equipment. 

14. Liability Insurance. Lessee shall, at Lessee’s own expense, maintain commercial general liability insurance (“Liability Insurance”), including coverage for the operations of independent contractors and standard contractual liability coverage. The Liability Insurance shall name Apex as an additional insured and provide that said insurance is primary coverage. Such insurance shall remain in effect during the Rental Period, and shall include, without limitation, the following coverage’s: standard contractual liability, personal injury liability, completed operations, and product liability. The Liability Insurance shall provide general liability aggregate limits of not less than $1,000,0000 (including the coverage specified above) and not less than $1,000,000 per occurrence.

15. Insurance Generally. All insurance maintained by Lessee pursuant to this Rental Agreement shall contain a waiver of subrogation rights in respect of any liability imposed by this Rental Agreement on Lessee as against Lessor. Lessee shall hold Lessor harmless from and shall bear the expense of any applicable deductible amounts and self-insured retentions provided for by any of the insurance policies required to be maintained under this Rental Agreement. In the event of loss, Lessee shall promptly pay amount of the deductible amount or self-insured retention or the applicable portion thereof to the insurance carrier, as applicable or us. Notwithstanding anything to the contrary contained in this Rental Agreement, if a loss may not be covered by insurance provided by Lessee under this Rental Agreement or, if covered, is subject to deductibles, retentions, conditions or limitations shall not affect Lessee’s liability for any loss. Should the Lessee fail to procure or pay the cost of maintaining in force the insurance specified herein, or to provide Apex upon request with satisfactory evidence of the insurance, Apex may, but shall not be obliged to, procure the insurance and Lessee shall reimburse Apex on demand for its costs. Lapse or cancellation of the required insurance shall be deemed to be an immediate and automatic default of this Rental Agreement. 

16. Cancellation of Insurance. Lessee and Lessee’s insurance company shall provide Apex with not less than 30 days written notice prior to the effective date of any cancellation or material change to any insurance maintained by Lessee pursuant to this Rental Agreement.  Before obtaining possession of the Equipment Lessee shall provide to Lessor Certificates of Insurance confirming the coverages specified herein. An authorized agent or representative of the insurance shall sign all certificates carrier. 

17. Compliance with Law/Regulations. Lessee shall comply with the laws of all states in which the Equipment is transported and/or used as well as all federal and local laws, regulations, and ordinances pertaining to the transportation and use of such Equipment. Without limiting the generality of the foregoing and by way of example, Lessee shall at all times (i) display all necessary and proper placards; obtain all necessary permits; and (iii) keep all required logs and records. Lessee shall indemnify and hold Apex harmless from and against any and all fines, levies, penalties, taxes and seizures by any governmental authority in connection with or as a result of your possession or use of the Equipment including, without limitation, the full replacement value of the Equipment in the event of seizure or impound, including Apex’s reasonable costs and attorneys’ fees. 

18. Valuation of Loss/Lessor’s Liability is Limited. Unless otherwise agreed in writing by Lessor, Lessee shall be responsible to us for the replacement cost value or repair cost of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, Lessee shall file a police report. Loss of use shall be determined by the actual loss sustained by us. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment. In the event of loss for which Lessor is responsible, Lessor’s liability will be limited to the Rental Agreement price and LESSOR WILL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES. Lessee hereby agrees and acknowledges that Apex shall be subrogated to any recovery rights Lessee may have for damage to the Equipment. LESSEE AGREES AND ACKNOWLEDGES THAT ALL RENTED EQUIPMENT WILL BE AS A RESULT OF LESSEE’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY LESSEE “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY APEX OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. APEX HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL APEX BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT APEX OR APEX’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

19. Identity. Apex shall  have the right to place and maintain on the exterior or interior of each piece of the Equipment the following inscription: Apex.  Lessee will not remove, obscure, or deface the inscription or permit any other person to do so.

20. Expenses. Lessee will be responsible for all expenses, including but not limited to fuel, lubricants, and all other charges in connection with the operation of the Equipment. 

21. Accident Reports. If any of the Equipment is damaged, lost stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, Lessee will promptly notify Apex of the occurrence, and will file all necessary accident reports, including those required by law and those required applicable insurers. Lessee, Lessee’s employees, and agents will cooperate fully with us and all insurers providing insurance under this Rental Agreement in the investigation and defense of any claims.  Lessee will promptly deliver to Apex any documents served or delivered to Lessee, Lessee’s employees, or Lessee’s agents in connection with any claim or proceeding at law or in equity begun or threatened against Lessee, Lessor, or both parties. 

22. Default.  If Lessee fails to pay any portion of the fees payable hereunder or allow the specified insurance to lapse, or Lessee otherwise breaches this Rental Agreement, then such failure or breach shall constitute a default (“Default”). Upon the occurrence of any such event of Default, and in addition to all other rights and remedies available at law or in equity, Lessor shall have the right, at its sole discretion, to terminate this Rental Agreement and repossess the Equipment without prior notice to the Lessee. Lessee agrees that the continuation of Apex’s performance hereunder after an event of  Default shall not constitute a waiver or operate as any form of estoppels with respect to Apex’s later assertion of its right to cease such performance at any time while such Default has not been cured. 

23. Applicable Law/Arbitration.  This Rental Agreement will be deemed to be executed and delivered in Los Angeles, California and governed by the laws of the State of California.  Any controversy or claim arising out of or related to this Agreement or breach of this Agreement will be settled by arbitration, in Los Angeles, California, under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”). The arbitration will be conducted by a single arbitrator under JAMS Streamlined Arbitration Rules. The decision and award of the arbitrator will be final and binding and any award may be entered in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to an award of reasonable outside attorneys’ fees and costs in addition to any other relief granted.

24. Severability. If any portion of this Rental Agreement is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid, such provisions shall be construed by the appropriate judicial body by limiting and reducing it or them but only to the extent necessary to confirm to legal requirements, or, if incapable of such construction, shall be stricken entirely and the balance shall continue in full force and effect.

25. Miscellaneous. This Rental Agreement and any attached schedules, which are incorporated by reference and made an integral part of the Rental Agreement, constitute the entire agreement between the parties. This Rental Agreement contains the entire understanding between the parties and supersedes all prior agreements, memoranda and understandings with respect to subject matter hereof.  No agreements, representations, or warranties other than those specifically set forth in this Rental Agreement or in the attached schedules will be binding on any of the parties unless set forth in writing and signed by both parties. Nothing contained herein shall render or constitute the parties joint venturers, partners, agents or fiduciaries of each other.  None of the parties shall hold themselves out to third parties other than as set forth herein. None of the parties shall have the right to execute any contract on behalf of the other, or incur any obligation for which the other may be liable, or otherwise bind the other; and, except as set forth herein.  None of the parties shall be liable for any representation, warranty, covenant, agreement, act or omission of the other under this Rental Agreement.  This Rental Agreement may not be changed, altered, or modified except by a writing signed by the parties hereto.  This Rental Agreement may be executed in any number of counterparts, by different parties in separate counterparts and by facsimile, PDF, or TIFF with the same effect as if all parties had signed the same document, each of which will be considered an original, but all such counterparts together will constitute but one and the same instrument.