Terms and Conditions
A.Client hereby agrees to rent Flash’s studio at the address above, (the “Studio”) and Flash agrees to provide the Studio, at the dates, times and for the fees set forth in this Agreement.
B.Client agrees to pay Flash for the use of the Studio, the “Total Amount” shown below in Section 4, plus excess hours fees, additional equipment fees and any other charges outlined below.
C.The Studio Rental Rate per day is $1200/day for Small Productions (productions with up to 5 people on site), $1800/day for Medium Productions (productions with up to 10 people on site), and $2400/day for Large Productions (productions with more than 10 people on site). The size of the production Is determined by the number of people on site and includes everyone who enters the Studio on behalf of Client or Client’s client (with the exception of Flash personnel, delivery personnel, and catering personnel).
D.The Studio’s regular hours are Monday-Friday 8:00AM to 6:00PM. Excess hour fees for shoots involving up to 5 people on-site are $180/hr for each hour up to 2 hours before 8:00AM or after 6:00PM, and $240/hr for each hour thereafter. Excess hour fees for shoots involving between 6 and 10 people on-site are $270/hr for each hour up to 2 hours before 8:00AM or after 6:00PM, and $360/hr for each hour thereafter. Excess hour fees for shoots involving more than 10 people on-site are $360/hr for each hour up to 2 hours before 8:00AM or after 6:00PM, and $480/hr for each hour thereafter. Excess hours fees will be charged in 1-hour increments. Saturday and Sunday use of the Studio will incur an additional fee of $300/day.
E.A list of rental fees is posted in the Studio. Client will be charged for all additional equipment used, regardless of whether requested by Client or an employee or contractor of Client.
F.Client is responsible for inspecting the Studio prior to entering this agreement and ensuring that it is adequate for Client’s purposes. Client will be responsible for paying the full Total Amount even if Client is unable to make use of the Studio.
G.This signed Agreement and a deposit of 50% of the Studio Rental Rate per rental day up to $5,000 total are required to be delivered to Flash to confirm the reservation of the Studio. The balance of any and all fees, charges, and expenses shall be due and payable up on Client’s receipt of an invoice from Flash. Invoices not paid within 30 days will accrue interest at 10% per year, or the maximum rate permitted by law.
H.Once a reservation is confirmed, Client is responsible for the full amount of the Total Amount (not merely the deposit). If Client cannot use the Studio during the reserved time, Client will be invoiced for the Total Amount less any deposit paid. If the Studio is re-rented for the reserved time, the amount paid by a replacement client (up to, but not exceeding the Total Amount) will be credited against the Total Amount.
I.Flash personnel must provide access to the Studio and Flash personnel shall be allowed access to the Studio at all times.
J.The Studio may not be used for any shoots that could require unusual amounts of cleanup, including, by way of example, shoots that involve animals, hazardous materials, stunts, explosives, pyrotechnics, automobiles, combustion engines, smoke machines, smoke bombs, powder bombs, fires, liquids, paint, mud, dirt, confetti, glitter, sand, fake snow, and or broken glass without prior approval from Flash, which Flash may withhold at its sole discretion.
K.Client is responsible for ALL damage to the Studio during Client’s use. No modifications, including painting or attaching anything to floor, walls or ceiling are allowed. Any damage should be reported immediately. Client shall use reasonable care with regard to any equipment supplied or rented to Client by Flash. In the event that Client damages equipment, Client agrees to pay the repair costs if the equipment can be reasonably repaired. If the equipment cannot be reasonably repaired or is lost/stolen, then Client shall pay Flash the replacement value of said equipment.
L.The Cyc Cove, (the “Cyc”), is subject to the following restrictions: At no time may any object be attached to any portion of the wall or floor of the Cyc with the exception of blue painter’s tape. The curved portion of the Cyc is extremely delicate, so all people and equipment must be kept away from the curve of the Cyc (at least 36” from any wall of the Cyc). Client is responsible for damage to the Cyc. Repair of the Cyc is expensive, so please use appropriate caution.
M.Areas marked FLASH STUDIO STAFF ONLY are for the exclusive use of Flash and its personnel. These areas are clearly labeled. This Agreement does not cover the building’s common areas and Client may not use those areas except for ingress and egress.
N.Flash reserves the right to immediately remove any Client or individual at the Studio in the event Flash determines, in its sole discretion, that Client, any such individual, or Client’s use of the studio, presents a danger to others, to the Studio, or to Flash’s equipment.
O.The Client agrees to leave the Studio clean. Client should sweep floors and remove all tape before leaving. Client further agrees to remove all sets, set pieces, props, equipment, garbage, and litter. Client will be charged for cleaning and removal of anything left at the Studio other than one 32 gallon garbage bag per studio rental day placed neatly placed in the studio trash can. Excessive trash, leftover set pieces, props, art department materials, etc. may NOT be disposed of in the dumpsters on the property.
P.Insurance and Liability
i.Client shall have general liability insurance to cover its employees, agents, independent producers, contractors, suppliers, equipment and damage to the Studio and Studio equipment with a combined single limit bodily injury and property damage liability in the amount of at least One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2,000,000.00) aggregate insuring against all liability of Client and its authorized representatives arising out of and in connection with the use, possession or occupancy of the Studio. Client will name Flash Studio “additionally insured” and provide Flash with a certificate of insurance prior to use of the Studio. The additionally insured provisions shall include products and completed operations coverage. If any equipment package is included with the rental, or if any additional equipment will be rented, Flash Studio shall be named loss payee in regards to Equipment and Third Party Property/Property of Others with limits at least equal to the total replacement value of any equipment rented. Client’s insurance shall be issued by companies authorized to do insurance business in the State of California and rated not less than A- in Best’s Insurance Guide. All such insurance policies shall be written as primary policies, not excess or contributing with or secondary to any other insurance as may be available to Flash.
ii.If all or any portion of coverages Client is required to maintain under this Agreement is under a program of self-insurance or under policies that include self-insurance retention, then before execution of this Agreement, Client shall advise Flash in writing of the material terms of the self-insurance program or self-insured retentions and must provide the proper certificates, endorsements or documentation to the satisfaction of Flash to ensure that Client will be complaint in indemnifying Flash to the extent required by this Agreement. If Client is under a program of self-insurance or under policies that include substantial self-insurance retention, then claims made arising from or related to Client’s acts or omission to act shall be deemed primary and managed/processed in accordance with all applicable laws. Failure to comply with this section will result in immediate termination of this Agreement at the sole discretion of Flash.
iii.Regardless of Client’s compliance with clauses I(i) and II(ii), above, Client is still responsible for any and all damages whatsoever and howsoever caused to the Studio, the equipment or any individual in the Studio related to Client’s use of the Studio.
iv.Client agrees to and hereby holds Flash, its owner, agents, representatives, and contractors acting on its behalf harmless for any loss, accident, or injury to Client or anyone who accompanies Client to the Studio.
v.Client agrees to be solely responsible for the conduct and welfare of all persons accompanying Client to the Studio.
vi.Flash will not be responsible for loss, damage or theft of any property of the Client or its suppliers, employees or clients.
vii.Under no circumstances shall Flash be liable for consequential, incidental, special, punitive or similar damages arising from or relating to this Agreement, including, without limitation, damages for loss of business profits or other pecuniary loss. Flash shall not be liable to Client for any damage or injuries caused by any act, omission to act, or negligence of any other occupant of the Studio or any other third parties. Client has a non-delegable duty to safely lock up, secure and supervise equipment possessed or used at the Studio by Client, its agents, guests, clients, contractors and employees.
Q.Indemnification
i.Client shall indemnify, hold harmless and defend Flash, its employees, officers, agents, partners, parent company, subsidiary and representatives (“Flash Parties”) from and against any and all claims, demands, causes of action, losses, liabilities, judgments, damages, obligations, costs or expenses, (including attorney fees and court costs; fines or penalties) arising out of or in connection with the use of the Studio by Client, its employees, contractors, guests and agents provided, however, that such indemnity will not be provided for acts or omissions of Flash wherein Flash either is solely negligent or engages in willful misconduct. Client shall indemnify, hold harmless and defend the Flash Parties from and against any and all claims and liabilities arising from the breach or default by Client in the performance of any obligations of Client’s obligations under this Agreement.
ii.Flash shall indemnify, hold harmless and defend Client, its employees, officers, agents, partners, parent company, subsidiary and representatives (“Client Parties”) from and against any and all claims, demands, causes of action, losses, liabilities, judgments, damages, obligations, costs or expenses, (including attorney fees and court costs) arising out of or in connection with a material breach of this Agreement by Flash or any willful misconduct or sole negligence by Flash, its employees, agents or contractors.
R.In the event that the Studio is unusable because of unforeseen circumstances, such as loss of power or damage to the Cyc prior to Client’s reservation, Flash will endeavor to reschedule the shoot or will refund any deposit in full. Flash will not be liable for any damages beyond refund of amounts paid.
S.If a dispute arises out of or relates to this Agreement, or the breach thereof, (with the exception of recovery by Flash of any unpaid fees from Client) and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The Mediation shall take place in San Mateo County, California.
T.This Agreement may be executed in counterpart and may be executed by way of facsimile or electronic signature, and if so, shall be considered an original.
INSURANCE REQUIREMENTS
This document may be provided to your insurance company for verification that your insurance policy and corresponding Certificate of Insurance meet the requirements outlined in our contract.
QUALIFYING INSURERS:
All policies required hereunder shall be issued by insurance companies authorized to transact business in the State of California with a minimum A.M. Best rating of A– VIII, unless otherwise approved by Flash Studio.
COMMERCIAL GENERAL LIABILITY:
$1,000,000 Each Occurrence for Bodily Injury and Property Damage Liability
$1,000,000 Personal and Advertising Injury Liability
$2,000,000 Products and Completed Operations Aggregate
$2,000,000 General Aggregate
THIRD PARTY PROPERTY DAMAGE:
$1,000,000
WORKERS COMPENSATION INSURANCE:
Employer’s Liability Insurance limits shall be at least:
$1,000,000 each accident for bodily injury by accident
$1,000,000 each employee for bodily injury by disease
$1,000,000 policy limit for bodily injury by diseased
The policy shall provide a Waiver of Subrogation in favor of Flash Studio.
ADDITIONAL INSURED AND LOSS PAYEE REQUIREMENT:
Flash Studio shall be included as an additional insured. The additional insured provisions shall include products and completed operations coverage. If any equipment package is included with the rental, or if any additional equipment will be rented Flash Studio shall be named loss payee in regards to Equipment and Third Party Property/Property of Others with limits at least equal to the total replacement value of any equipment rented.
PRIMARY INSURANCE REQUIREMENT:
The policy shall stipulate the insurance afforded to the additional insureds applies as primary insurance and that any other insurance carried by the additional insureds will be excess only and will not contribute with Client’s insurance.
POLICY CANCELLATION:
The Certificates of Insurance and required endorsements shall provide that there will be no cancellation or reduction of coverage without thirty (30) days prior written notice to Flash Studio.
INSURANCE REQUIREMENTS FOR SUB CONTRACTORS:
Client shall insure that all tiers of Sub-Licensees/subcontractors/any one working on behalf of sub licensee shall procure and maintain insurance in like form and amounts, including the Additional Insured requirements set forth above. Each Sub-Licensee shall provide acceptable certificates of insurance and required policy endorsements to Flash Studio before commencing any work.
