Terms and Conditions
1.The 1896 Stages, Inc.(“Licensor”) shall provide exclusive use the following shooting location, “Century-Old Private Courtyard with 'NYC's Sixth Alleyway'" at 592 Johnson Ave, Brooklyn, NY, (‘the Premises”) to theCompany Name c/o Signee (“Licensee”).
Rental time will begin when access is given to the first parties arriving or client's scheduled start-time, whichever comes first; and ending when the last person exits and terms of contract including all ‘client responsible’ cleaning and clearing has completed in full. Any changes to start times must occur by 12pm on the day prior to client’s rental day.Regular shooting hours are between 7am – 10pm. An additional $75/hr is assessed for scheduled hours before and after these times.
2. For any rental time of the location over the agreed upon hours in“Century-Old Private Courtyard with 'NYC's Sixth Alleyway'" the client will be charged at an additional location fee overtime rate. Overtime will be deducted from the security deposit or billed on the final invoice.
3.IfLicenseeshould decide to rent any additional space on the scheduled day, the rental rates are available at an additional flat rate of $450/hr. IfLicenseeshould decide to shoot in any space that has been discussed in writing as rented for holding only, the rental rates are available at an additional flat rate of $150/hr. Charges apply when Load-in to these areas begins and the clock stops when load-out is complete. Additional Space rental must take place within your contracted hours.
This is pending availability and must be pre-approved byLicensor staff.
If rented by the hour, the start/end time must be noted by a staff member ofLicensor.
All furniture, décor, props and expendables within the the Premisesare available for rent and are not included in the location rental price ofLicensor.Anything rented/used will be deducted from the security deposit.
5. ASeparate Security Deposit is to be collected by the Licensor and deposited covering any possible damages, overtime, additional rental fees, expendable/prop rentals, trash fees or cleaning/clearing not completed by according to the terms of this contract, and assures the proper return of the shooting spaces to the condition received. A refund, if applicable, will be issued with-in two weeks of shoot date.
Any balance due on the final invoice is due within thirty (30) days of the issuing of the final invoice. Late fees at a rate of 5% applicable to the outstanding balance per month apply after thirty (30) days.
In the event that, after thirty days from issuance of the final payment invoice, the client has not made a reasonable effort to pay the balance due, and whereupon no contact has been made by the client for a period of 5 business days after such a period to remedy the balance, Licensorreserves the right to charge any funds due to the credit card on hold, including any applicable credit card processing fees (3.75% of the charge.)
6.Licenseeand parties agree to return the space to its received condition (reasonable wear and tear excepted**) including the removal of all property and the return of any rented/borrowed property to its original location by the agreed upon rental end time. Any cleaning will be deducted from the security deposit at a rate of $35/hr.
The 1896 Stages, Inc.reserves the right to limit or prohibit all on-site painting.All floors must be protected where liquids are used within the space, to protect from paint, spills, car/truck oil etc. Licenseeis allowed to place or hang the necessary tarps to preserve the current painted condition of the property. All vandalism must be removed from the walls.No brick walls are allowed to be painted, even if damage is done to them during the course of this client's use. (Licensorreserves its sole discretion in the repair of any damage to the brick walls and must oversee that repair.)
Licenseeunderstands these brick walls are specialty walls and require the owner's professional analysis for the proper course of action in their repair. Repairs will be charged at a rate of $50/hr., unless reasonably deemed more extreme and in need of professional services such as a scenic painter. In the case where a scenic artist is necessary for restore, the client will be billed, at a rate of $75/hr. for their services.
Additional cleaning such as, but not limited to: Any excessive debris, vandalism or repair above and beyond the cleaning required, such as any floor covering (i.e. gum/sand/ feathers/ glitter/ confetti/ paint/ oil or any other known/unknown material of the sort) which requires extra time and cleaning will be charged an additional rate of $50/hr. per cleaner. **Permanent alterations of the floor due to marker, spillage, bleach, stage or track marks, tape et al such that a re-scenic treatment is required to restore the condition of the floors to their original state, will be considered beyond “reasonable wear and tear.”
7. Trash shall be either removed from space by Licensee or arranged throughLicensor. for disposal at $60/yard, to be deducted from the security deposit following last day of shoot. (Note: If large items require an additional container, please notify a staff member of theLicensor.as soon as possible. Additional charges may occur.) In compliance with Department of Sanitation New York (DSNY),Licensor requiresLicenseeto separate all recycling refuse from general trash. Separate bins for recycling and general trash have been provided by theLicensor.and will be available in all licensed areas. Signs illustrating recycling rules have been posted throughout the licensed spaces to publicly communicate parameters for compliance. Failure byLicenseeto separate recycling from general trash, following the DSNY rules as posted, will result in a $350 deduction from the Security Deposit.
*Note:Licensorwill be fined by the city of NY for improper recycling procedures. Since it is impossible for us to monitor the disposal of trash in all areas for the duration of the license period it is incumbent onLicenseeto ensure talent and production crew are aware of the procedures at the beginning of the license period.
8. ShouldLicenseerent or utilize third party equipment (i.e. equipment not owned byThe 1896 Stages, Inc., including lighting or grip from third party vendors or owned byLicenseeas well as their parties)in no event shallLicensor be responsible for any claims byLicenseefor alleged loss of profits, damages, expenses, claimed to have arisen out ofLicensee’suse of said equipment, or for any delays or any other reason.
Licenseewill be responsible for wrapping all equipment before the expiration of the rental period as specified in the location rental contract, or before the last crew member leaves on the last day of the specified rental period in cases of overtime. Any equipment not wrapped byLicenseeand requiringLicensor staff to prepare for pickup, shall be charged at the hourly location overtime rate plus a $500.00 surcharge, to be charged toLicensee’s credit card or deducted from the security deposit.
9.Licenseeas well as their parties takes sole responsibility for the actions of their employees, guests and all sub-rentals/vendors, and understands any harm or damage suffered by any persons entering The 1896 Stages, Inc., while under the rental of client is solely their responsibility (unless caused by the acts, omissions or negligence ofLicensor or any of its agents or employees) andLicenseeas well as their parties, and they will supply the necessary insurance in case any harm or damage results.
Licensordoes not authorize any person to suspend themselves or any human weight bearing apparatus from the building’s rafters or structures unless a waiver has been signed and received byLicensor for all persons doing so.Licensordoes not authorize any person to climb on the building’s rafters or structures, including but not limited to all beams, storage balconies, the Sprinkler Valve Room in Area 5, and the top of any of The 1896’s bathrooms unless a waiver has been signed and received by the Location for all persons doing so.Licensordoes not authorize any person to operate the in-house scissor lift unless a waiver has been signed and received byLicensorfor all persons doing so. Use of any ladders owned byLicensor, is done so at the licensee’s own risk, and any injury resulting from the proper or improper use of these ladders is the sole responsibility ofLicenseeas well as their parties. If any guest ofLicenseeas well as their parties are found to be suspended or hanging from either the balconies or rafters ofLicensor or any other apparatus during the course of the rental, or found to be climbing on any of the building’s rafters or structures, without the aforementioned signed waivers,Licenseeas well as their parties will forfeit the entire sum of their deposit.
Licenseeand their parties are responsible for compliance with all rental-mandated codes and permitting in connection with their rental, including but not limited to compliance with all fire codes in connection with their rental.Licenseeunderstands that some rentals require special permitting from governing bodies. It isLicensee’sresponsibility to acquire said permits where necessary. Should a Temporary Permit of Assembly be requiredLicenseeagrees to pay for the labor of installing required exit signs and emergency lighting at a rate of $35/hr. paid toLicensor,or to be deducted from the security deposit. The approved Temporary Permit of Assembly plan (including but not limited to exit signs, emergency lights, event timing, layout) must reflect theLicensee’sactual usage of theLicensorduring the rental. Should a Temporary Permit of Assembly be required, it isLicensor’s understanding, perLicensee, that attendance during the rental period will be limited to The Department of Building’s deemed occupancy as specified by the Temporary Permit of Assembly acquired byLicenseefor this rental period. If attendance exceeds a number such that results in any penalty toLicensor,Licenseeagrees to be responsible for the payment and reparation of the violation to any extent which is necessary. If any penalty toLicensoris assessed due to non-compliance with rental-specific day-of permitting,Licenseeagrees to pay and repair such a violation to any extent which is necessary.Licenseeagrees to indemnifyLicensorin any improper use of candles,pyrotechnics, hazers and fire during the rental period.
Licensorwarrants and represents thatThe 1896 Stages, Inc. is in a safe condition and in good repair and that it is in compliance with all laws, regulations, codes and the like for use inLicensor’s zoned status (including, without limitation, all fire codes, including the proper placement, number and inspection of all fire extinguishers).
10.Licenseeagrees to provide a certificate of liability and propertyinsurance in the coverage amount of at least $1,000,000naming “The 1896 Stages, Inc.”as well as “1896 Location Stages, Inc.”, “592 Johnson Avenue Associates, LLC”, and “582 Johnson LLC”,as additional insured certificate holders and loss payees.
Licenseefully waives any and all claims againstThe 1896 Stages, Inc.as well as1896 Location Stages, Inc.,592 Johnson Avenue Associates, LLC,and582 Johnson LLC, arising from possible personal injury or property damage arising fromC Licensee’suse of the shooting spaces. Licenseeshall indemnify, defend and holdThe 1896 Stages, Inc.as well as1896 Location Stages, Inc., 592 Johnson Avenue Associates, LLC,and582 Johnson LLC, harmless against any and all costs, claims liabilities and expenses, including reasonable attorney's fees, arising outLicensee’suse of the premises.
11.Licensorhas taken preventive and necessary measures to maintain the roof of The 1896 facility. Given the nature of the 100+ year old facility,Licenseeunderstands that the roof may at times leak.Licenseeshall indemnify, defend and holdThe 1896 Stages, Inc.as well as1896 Location Stages, Inc., 592 Johnson Avenue Associates, LLC,and582 Johnson LLC, harmless against any and all costs, claims liabilities and expenses, including reasonable attorney's fees, arising from any water damageunless deemed due to negligence by staff ofLicensor.
12. If required by Licensee, any drop-offs or pick-ups of equipment/ expendables/ props/ wardrobe/ lighting gear etc. must be approved in advance by anLicensor manager. Availability is not guaranteed.
Typical pickups happen during regular business hours 10:00 - 5:30 (latest drop-off time). If there are multiple pickups exceeding (2) that cannot be done within the first 1.5 hours of the following day, storage fees will apply.
13. The agreement of these terms by both parties assures the rental ofthe Premisesand holds both parties responsible for the full terms herein; and confirms that Licensee is responsible for full payment of the location fee and understands no refund of location fee will be given due to possible cancellation by the client.
Any EQ (equipment) ordered throughLicensorfor client’s previously scheduled rental time, shall still be the obligation ofLicenseeto pay for in full regardless of client’s cancellation.
14.Licenseewill agree to grantLicensorreasonable access to the licensed space for the purposes of scouting upcoming and prospective clients during the license period and/or non-licensed hours during whichLicenseeand / or their equipment occupy the space.Licensorwill notifyLicenseeof such access before access is arranged and will cooperate to ensure no disruption will occur toLicensee’suse of the space during paid time. A staff member ofLicenseewill attend all such access from entry to exit.
15. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Financial Disputes Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof pursuant to applicable law.
16. This writing contains the entire understanding between the parties and super-cedes any previous agreements between the parties. During the term of this Agreement, it is understood and agreed that there shall be no change or modification of this Agreement unless reduced to writing and signed by all parties hereto. This agreement shall be governed by the laws of the State of New York.
