READ THIS ENTIRE RENTAL CONTRACT CAREFULLY BEFORE ENTERING INTO IT. IT AFFECTS YOUR LEGAL RIGHTS AND WILL BE BINDING UPON YOU AND ALL THOSE AFFILIATED WITH AND RELATED TO YOU AS DESCRIBED BELOW.
YOUR NAME HERE (hereinafter referred to as “Renter,” “You,” “Your,” or “Yourself”), agree(s) to all of the following terms and conditions of this Rental Contract in consideration for photospace’s (sometimes referred to as “We,” “Our,” “Us,” “Its,” or “Ourselves”) rental to You of any or all of Our Studio, Equipment, and/or Vehicles specified in the Reservation/Order entered into between photospace and You.
RESERVATIONS AND DEPOSITS. Reservations for Our Studio, Equipment, and/or Vehicles Equipment can be made online.
No reservations are confirmed and no Studio area, Equipment, or Vehicle is held without Your payment. Deposits may be requested on large rentals at Our discretion, smaller rentals require payment in full to hold gear. Unless otherwise specified herein, if a deposit is requested, Your deposit is 50% of the total rental fees. Deposits will be in the form of one of the following: a) Visa/MasterCard/AMEX (with a 3% service charge added), c) ACH. We do not accept debit or check cards for security deposits.
A credit card authorization is required for all rentals. All rentals also require a clear photograph or photocopy of the front and back of a valid driver’s license or other government photo identification acceptable to Us in Our sole and subjective discretion.
If photospace must pay others to rent any Equipment or Vehicles for Your use, We may require You to pay photospace an advance deposit of 100% of the cost of all such Equipment or Vehicles.
For other Studio, Equipment, and Vehicle rentals, If a Deposit was requested, then Your payment in full of the remaining 50% (or such greater or lesser sum is due if the required deposit is other than 50%) is due at the time the rental concludes. For event rentals of Our Studio, any such remaining payment is due in full 30 days prior to the first day of the rental. If You reserve the Studio, Equipment, or Vehicle less than 30 days prior to the first day of Your rental of it/them, then the full deposit is required at the time of rental.
If You have not made the final payment in full within 7 days of when it is due as described above, photospace may charge Your credit card on file for the full amount due plus a service charge of 5%. Any final amounts due that You have not paid in full, whether via Your credit card on file or otherwise, will cause Your account to be considered past due, and late fees of 1.5% per month (18% per year) will apply until such time as You have paid Us in full.
By giving Us Your credit card authorization, You authorize photospace to use Your credit card for payment of rental charges, repair and replacement charges, services rendered, goods supplied, taxes, service charges, late fees or other penalties, attorney fees, costs of suit or collection, and any other sum You owe to Us in relation to this Rental Contract. You agree not to dispute any charges with Your credit card issuer if the amount charged was for any of the categories and sums described in this Rental Contract.
You agree that if You have any problems or questions regarding Your rental of Our Studio, Equipment, Vehicles, or Your retention of Us to provide any services, You will contact photospace for assistance.
CANCELLATIONS AND REFUNDS
For Equipment and Vehicles, Your payment is fully refundable (minus a 5% transaction fee) if requested at least 14 days prior to the start of the reserved rental; if You cancel between 13 days and 10 days prior to Your rental, We will refund half of Your payment; if You cancel between 9 days and 3 days prior to the rental, We will refund 25% of Your payment; no refunds will be processed for cancellations within 72 hours of Your reserved rental(s). There are no refunds for early returns. Changes to an Equipment or Vehicle rental can be made up until the day the rental begins. You can add Equipment and/or Vehicles at any time through Your rental, subject to availability. However, no cancellation-type changes can be made once Your rental begins. We do allow date, Equipment, and Vehicle changes at no penalty, provided the alternate date(s) You want and/or the same or equivalent-cost Equipment and/or Vehicles is/are available. For workshops, there are no refunds, however, if you are unable to attend a workshop you can apply the cost the workshop you are unable to attend to a future workshop.
Any Equipment or Vehicle that photospace leases from others for Your use will also be deemed to be Our Equipment for purposes of this Rental Contract, and is subject to any and all cancellation, refund, insurance, repair, and/or replacement policies of the third-party companies from whom the Equipment or Vehicle is rented, in addition to all of Our policies and requirements set forth in this Rental Contract.
For Studio rentals, once Your deposit is paid and the studio is booked, We turn down any other requests for Your time period. Therefore, confirmed Studio reservations are subject to a cancellation fee of 100% of the full rental rate and any service charges and penalty amounts due as described in this Rental Contract.
All full and partial refunds are issued via check, regardless of the payment method You used.
RENTAL CHARGES: STUDIO.
Our Studio rental rates are set forth on Our website: www.photospacedenver.com. The minimum time period for part or all of Our Studio is two hours. A half-day rental is a 5 hour period from time either 8am-1pm, 2pm-7pm, or 8pm-1am. A full-day rental is 10 hours, from 8am-6pm. Any Facility overtime charges beyond the rental business hours specified herein will apply in 1 hour increments at the current overtime cost specified on our website. Overtime rental is subject to availability.
RENTAL CHARGES AND PICK UP AND DROP OFF: EQUIPMENT.
Our rental rates for Our various Equipment are set forth on Our website: www.photospacedenver.com. The minimum Equipment rental charge is one full day, measured in 24-hour periods. All prices and specifications are subject to change without notice. Monday-Friday, e.g. 5-day, rentals are done at three times the daily rate. Full weekend, e.g. Saturday and Sunday, rentals are considered a one day rental period.
Monday-Friday between 8:30am-5:30pm, by appointment, are standard hours for pick up and drop off of Equipment, by appointment. For an additional charge, We are available 24/7 for Equipment pick up/drop off/delivery. Whenever possible We allow pick up the day before a shoot and return the morning after, but this may not always be possible.
RENTAL CHARGES AND PICK UP AND DROP OFF: VEHICLES.
Our rental rates for Vehicles are set forth on Our website: www.photospacedenver.com. Vehicles are rented on a 24-hour basis, with each 24-hour period or portion thereof considered a one-day rental.
Monday-Friday between 8:30am-5:30pm, by appointment, are standard hours for pick up and drop off of Vehicles. For an additional charge, We are available 24/7, by appointment, for Vehicle pick up/drop off/delivery. Whenever possible We allow pick up the day before a shoot and return the morning after, but this may not always be possible. Weekly and weekend rates do not apply to Vehicles.
RENTALS OF OUR STUDIO FOR EVENTS.
You may rent Our Studio as an event venue for Your own workshops, meetings, or events for $1,125/day, defined as 7:00 am through midnight. A separate event rental contract must be signed, and You must provide to photospace a Certificate of Insurance naming photospace as Loss Payee/Additional Insured for such property, personal injury, liability, medical payments, workers compensation, and/or liquor/dram shop liability as photospace in its sole discretion deems necessary. You agree to abide by all federal, state and local guidelines for group gatherings.
You must insure all the Equipment You rent from Us (“Equipment Insurance”). You will, at Your expense and for the entire rental period, maintain in full force and effect Equipment Insurance covering any and all losses of and damage to Equipment rented from Us and/or any of Our suppliers, for full replacement cost with new (without deductions for depreciation) Equipment of like kind in photospace’s sole and subjective discretion, including without limitation for any taxes, expedited shipping, shipping insurance, and other expenses of whatever kind or nature We incur to procure the replacement Equipment. Such Equipment Insurance will also cover any and all of photospace’s loss of rentals and any other business interruption, lost income, or damages We incur for the entire period during which the damaged or destroyed Equipment is not available for Us to use Ourselves or rent to others, regardless of whether We have any reservations during such period. Coverage must begin from the time You or Your employees, agents, designees, or appointees accept delivery of the Equipment, and must continue until the time the Equipment is returned and inspected by photospace for damage or loss. The deductible for the insurance coverage(s) will not exceed $500 without Our advance, written permission. Before taking possession of Our Equipment, You will deliver to Us evidence of the insurance coverage, typically a Certificate of Insurance satisfactory to photospace in its sole and subjective discretion, showing availability of and Your payment for the above-described coverages. Such insurance will be written by reputable insurers acceptable to photospace in its sole and subjective discretion. Your insurers will agree to be the primary insurers of such Equipment and any and all loss of or damage to the Equipment that may occur at any time during the rental period. Upon Our request, You will also obtain and provide to Us a complete copy of the Equipment Insurance policy, including declarations pages and the endorsement naming photospace as an additional insured.
If You are renting a Vehicle from photospace, You will, at Your expense and for the entire rental period, maintain business motor Vehicle liability insurance (“Vehicle Insurance”), including coverage for loading and unloading Equipment and hired motor vehicle physical damage insurance, covering owned, non-owned, hired, and rented Vehicles, including utility Vehicles such as trailers. Coverage for physical damage will include both “comprehensive” and “collision” coverage, and deductibles will not exceed $500 without Our advance, written permission. photospace will be named as an additional insured and loss payee with respect to the Vehicle Insurance. Vehicle Insurance will also include coverage for pollution, if it results from a sudden, accidental, unexpected, and/or unintended event related to or arising out of Your rental and/or use of Our Vehicle(s). Such Vehicle Insurance will also cover any and all of photospace’s loss of rentals and any other business interruption, lost income, or damages We incur for the entire period during which the damaged or destroyed Vehicle is not available for Us to use Ourselves or rent to others, regardless of whether We have any reservations during that period. Vehicle Insurance will provide: not less than $1 million per person/ $3 million per accident of liability coverage for property damage and/or bodily injury; not less than $1 million/$3 million of Uninsured/Underinsured Motorist Coverage; and that the insurance is primary coverage with respect to photospace, the limits of which must be exhausted before any obligation arises under Our Vehicle Insurance. Before taking possession of Our Vehicle(s), You will deliver to Us evidence of the Vehicle Insurance coverage, typically a Certificate of Insurance satisfactory to photospace in its sole and subjective discretion, showing availability of and Your payment for the above-described coverages. Such insurance will be written by reputable insurers acceptable to photospace in its sole and subjective discretion. Upon Our request Your will also obtain and provide to Us a complete copy of the Vehicle Insurance policy, including declarations pages and the endorsement naming photospace as an additional insured.
You will remain primarily and entirely liable to photospace for full performance under the terms and conditions of this Rental Contract to any and all extent that Your insurance proves inadequate to cover loss of or damage to Our Studio, Our Equipment, Our Vehicle(s), and any person who is injured or killed in relation to the rental and/or use of Our Studio, Our Equipment, and/or Our Vehicle(s) if Your insurer declines, refuses, or fails for any reason to provide the insurance coverage required to cover all such loss or damage. photospace may pursue all of Its rights and remedies with respect to loss of or damage to Our Studio, Equipment, and/or Vehicle(s) directly against You without resort to Your insurance, and We shall be awarded all of Our reasonable attorney fees and costs of suit for pursuing Our rights, claims, remedies, losses, and damages, including those incurred on appeal and/or for collection of a judgment.
You can find more information about the insurance We require You to have and maintain while renting Our Studio, Equipment, and/or Vehicle(s) at: www.photospacedenver.com/insurance, but that information does not in any way limit or eliminate the provisions and requirements of this Rental Contract.
LOSS, THEFT, OR DAMAGE.
Throughout the entire period of Your rental, You agree without exception, limitation, or reservation to assume the entire risk of loss or damage to any and all of Our Studio, Equipment, and/or Vehicle(s) that We rent to You, for whatever purpose and for whatever time period, whether they are owned by photospace or leased by photospace from others for Your use, and whether such loss or damage is caused by You, Your employees, contractors, or agents, third parties, theft or vandalism, the weather or elements, or a natural or manmade disaster such as a fire, earthquake, insurrection, strike, or terrorist event. Once You have commenced use of Our Studio, Equipment, and/or Vehicle(s), Your responsibility includes, but is not limited to, loss or damage while in transit and/or stationary, and loss or damage occurring during use or storage at any all locations named and unnamed (including Our Studio), whether indoors or outdoors. Your responsibility includes, but is not limited to, full replacement cost with new (without deductions for depreciation) Studio, Equipment, and/or Vehicle(s) of like kind in photospace’s sole and subjective discretion, including without limitation for any taxes, expedited shipping, shipping insurance, and other expenses of whatever kind nature We incur to procure the replacement Studio, Equipment, and/or Vehicle(s). Rental charges will continue during the entire absence and/or unavailability of the Studio, Equipment, and/or Vehicle due to any loss or damage, regardless of whether We have any reservations during that period. You must pay photospace in full and immediately for any and all losses and damages to Our Studio, Equipment, and/or Vehicle(s) upon Our written demand.
We retain title to and ownership of Our Studio, Equipment, and/or Vehicle(s) – whether they are owned by photospace or leased by photospace from others for Your use – at all times, and We reserve the right to terminate this Rental Contract and require return of Our Studio, Equipment, and/or Vehicle(s) at any time for any reason in Our sole and subjective discretion.
Should You fail to pay the above-described sums for damage, loss, repair, and/or replacement, or should You fail to return to Us full possession and control of Our Studio, Equipment, and/or Vehicle(s) upon agreed date, or upon Our written demand, then You agree to pay all charges and expenses We may incur, including without limitation for any subrental, transport, freight or equipment courier fees to bring in replacement equipment, You agree to pay extended rental fees, any and all loss of rental income (for Us or that of the person(s) who leased the Equipment or Vehicle(s) to us for your use) during the entire absence and/or unavailability of the Studio, Equipment, and/or Vehicle(s), regardless of whether We have any reservations during that period, attorney fees, costs of suit, bonds, writs of assistance, and/or injunctive relief, that We may incur to collect such sums from You and/or to regain possession and control of Our Studio, Equipment, and/or Vehicle(s).
Your responsibility and liability for Our Studio, Equipment, and/or Vehicles will end only when all of them have been returned to Our possession and control and We have inspected and cleared them as being neither lost nor damaged. Equipment and/or Vehicles will not be deemed to have been returned to Us until all of the following conditions have been met: 1) the Equipment/Vehicle has been brought back to photospace’s business premises; 2) photospace has completed an inspection and, if needed, an inventory of missing and/or damaged Equipment/Vehicle(s); 3) photospace has been paid in full for any and all damages to and/or losses of Our Studio, Equipment, and/or Vehicles as described in this Rental Contract. Our repair, replacement, continued use, and/or disposal of Our Studio, Equipment, and/or Vehicle(s) damaged or destroyed during Your possession and/or use of it/them is in Our sole and subjective discretion. You will return Our Studio to Us substantially as clean and in substantially the same condition as when Your Rental of it commenced.
FAILURES AND MALFUNCTIONS; BATTERIES.
We routinely inspect, maintain, and test Our Equipment and Vehicles before offering them for rental to You, and We ask those suppliers from whom we lease Equipment and/or Vehicles for Your use to do the same. Nevertheless, We strongly urge that You carefully inspect and check the Equipment and/or Vehicle(s) before accepting it/them. Our program of maintenance and inspection prevents most problems, but it is not possible even with the most meticulous inspection or maintenance to duplicate all the conditions found in the field, or predict or prevent all possible malfunctions and failures. You will immediately notify photospace of all Studio, Equipment, and/or Vehicle problems and failures. Failure to do so may, in Our sole and subjective discretion, result in a full rental charge. You agree to return the Equipment and/or Vehicle(s) to Us upon Our request at Your expense, including via in-person delivery and/or pre-paid express mailing or freight, for Our inspection, evaluation, repair, and/or maintenance to address any problem or failure you have brought to Our attention. If the Equipment is returned to Us by express mailing or freight, You agree to insure the Equipment for its full replacement cost, at Your expense.
All batteries are tested prior to rental. However, We strongly recommend that You rent from Us and/or purchase backup batteries for all Equipment requiring such power sources, as battery life varies tremendously based on use and conditions. photospace will not be responsible for battery failure and will not waive rental fees as a result of any such failure.
When We in Our sole and subjective discretion determine that the failure or malfunction of Our Equipment or Vehicle(s) does not arise from Your misuse or mishandling of it/them or from any other condition or occurrence for which Your agree to assume responsibility and liability in this Rental Contract, We will in Our sole and subjective discretion either (a) make a reasonable effort to repair or replace the Equipment and/or Vehicles in the shortest amount of time reasonably possible so that You may resume use of it/them, or (b) refund Your rental payments and/or costs of returning the Equipment and/or Vehicle(s) to Us, in part or in full. You agree that whichever of these We choose will be Your sole remedy.
SPARE BULBS; INSTRUCTION BOOKS; INSTRUCTION AND TRAINING; RIGHT TO REFUSE TO RENT.
Equipment We rent to You includes any needed bulbs. We will provide spare bulbs to You upon Your request. There is no charge for Your use of spare bulbs provided You return burned-out bulbs to Us. photospace will charge the full replacement costs (including any labor and other needed parts or materials) for missing bulbs, broken bulbs, or excessive burnouts.
We will supply You on request with any instruction books in Our possession related to Equipment and/or Vehicle(s) Your rent from Us. We will charge You the full retail price (including express shipping and handling) to replace any instruction book You do not return to Us with the Equipment and/or Vehicle(s).
You agree that photospace has no duty to instruct or train You or Your employees, contractors, or agents in the use of Our Studio, Equipment, and/or Vehicle(s), and that any instruction, training, or information that photospace may provide is given as a courtesy and is not part of or required by this Rental Contract. You promise, represent, and warrant that Your employees, contractors, and/or agents are trained and can competently, responsibly, and carefully use Our Studio, Equipment, and/or Vehicle(s), and that all those who handle or use Our Studio, Equipment, and/or Vehicles for You or on Your behalf will be licensed, fully insured as described above, and not impaired by any legal or illegal drugs or alcohol at any time during rental and/or use of Our Studio, Equipment, and/or Vehicle(s). You agree that photospace will not be responsible for Your inability to use Our Studio, Equipment, and/or Vehicle(s) for any reason, including without limitation insufficient knowledge, experience, and/or training. You agree to indemnify, hold harmless, and make whole photospace (including without limitation for attorney fees and costs of suit) for any and all injuries, death, losses, or damages arising from Your or Your employees’, contractors’, agents’, or designees’ inability to safely and properly use, safeguard, and protect Our Studio, Equipment, and/or Vehicle(s), whether resulting from such person’s negligence or otherwise.
photospace reserves the right to refuse rental to any person, company or organization for any reason in its sole and subjective discretion, whether prior to the commencement of or during the term of this Rental Contract.
EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS.
Except as may be otherwise required by law, You understand and agree that photospace is renting its Studio, Equipment, and/or Vehicle(s) to You AS IS, without representations or warranties. We do not make any express warranties of the merchantability or fitness of Our Studio, Equipment, and/or Vehicle(s) for Your rental, use, or any particular purpose, and no such warranties will be implied.
INDEMNIFICATION, WAIVER, RELEASE, HOLD HARMLESS, AND LIMITATION OF DAMAGES.
To the fullest extent permitted by law, and for and on behalf of Yourself and all of Your owners, officers, directors, shareholders, managers, members, affiliates, employees, agents, contractors, models, guests, interns, and other persons and entities of whatsoever kind or nature, and in relation to Your rental and use of any and all of photospace’s Studio, Equipment, and/or Vehicle(s), You agree to release, waive claims against, hold harmless, and indemnify photospace (including for reasonable attorney fees and costs of suit) from and against any and all claims, injuries (including physical and personal injuries up to and including paralysis and death), liabilities, damages, and losses of whatsoever kind and nature, including those arising out of or relating to Your rental and use of Our Studio, Equipment, and/or Vehicle(s), even if such arise out of or relate to the negligence of photospace and any of its owners, officers, directors, shareholders, managers, members, affiliates, employees, agents, contractors, models, guests, interns, and other persons and entities of whatsoever kind or nature. You hereby permanently and irrevocably assume the entire risk of any and all liability for any and all such injury, paralysis, death, damage, or loss. You are renting and using Our Studio, Equipment, and/or Vehicle(s) at Your sole risk. In any and all events, You agree that photospace’s maximum liability to You for any injury, paralysis, death, loss, or damage, of whatsoever kind or nature, shall not exceed the sum You paid photospace for the rental and use of photospace’s Studio, Equipment, and/or Vehicle(s).
STUDIO ALTERATIONS; STUDIO ACCESS.
Painting of the cyclorama (“Cyc Wall”) in Our Studio is available prior to Your Studio rental for a charge of $150 in labor plus the cost of paint and supplies. (We will bill You for paint, supplies, and materials at Our actual cost.) You may request and We in Our sole and subjective discretion may agree to let You paint the Cyc Wall Yourself, using paint and materials that We will supply. In that case, there will be no fee for labor, only charges for the paint, supplies, and materials as described above. Spray painting is not allowed; paint may only be applied to the Cyc Wall by hand-rolling. You understand and agree that You will not paint any other surface anywhere in the Studio premises. You will return Our Cyc Wall to Us in the same condition in which You received it, excluding the new paint if We have agreed to the Cyc Wall being painted. If We determine in Our sole and subjective discretion that You have not returned it to Us in the same condition, We will bill You and You will pay for Our entire cost to restore it to that prior condition, including via full replacement if We determine in Our sole and subjective discretion that that is the best available means to return it to that condition.
NO ILLEGAL ACTS OR CONDUCT; NO SMOKING OF ANYTHING; RIGHT OF ENTRY AND INSPECTION.
You promise and agree that neither You nor anyone to whom You provide access to it will use all or any part of Our Studio, the surrounding grounds, Our Equipment, and/or Our Vehicle(s) in any way or at any time for any acts, or the possession, sale, or use of any drugs or substances, that are illegal under federal, state, and/or local laws and ordinances.
NO SMOKING OF ANYTHING IS ALLOWED ANYWHERE IN THE STUDIO, THE SURROUNDING GROUNDS, OR OUR VEHICLE(S) AT ANY TIME.
This includes without limitation any and every form of tobacco, cannabis/marijuana, vaping, hookah, or any other form or type of combustible, inhalable, or consumable material. You likewise will not expose any of Our Equipment to any smoke arising from or caused by such materials. Violation of this requirement is grounds for immediate termination of Your Rental Contract with Us in Our sole and subjective discretion, and You will be fully and solely financially and otherwise liable to Us as described in this Rental Contract for any and every loss, damage, and liability (including without limitation for full cleaning, sanitizing, repair, or replacement) to Us, Our Studio, Our Equipment, and/or Our Vehicle(s) arising from any violation of this provision.
You will not bring any hazardous substances or materials (including without limitation solvents or fuels, other than putting the appropriate fuel in the gas tank of a Vehicle to operate it) into or on Our Studio, the surrounding grounds, Our Equipment, and/or Our Vehicle(s) without advance written permission from photospace.
photospace and its employees, contractors, and agents will have the right to enter the rented area of the Studio and/or Our Vehicle(s) and take possession of and/or inspect it/them at any time.
NO SUBLEASE PERMITTED.
You understand and agree that You cannot and will not sublease all or any part of Our Studio, Equipment, and/or Vehicle(s) to any other person or entity without Our advance knowledge and written consent, which consent we may withhold for any reason or no reason in Our sole and subjective discretion.
NO REMOVAL OR DEFACING OF SERIAL NUMBERS OR COMPANY LOGOS.
You promise and agree that You and Your employees, contractors, agents, and visitors will not remove, deface, or cover over any serial numbers, tags, nameplates, or identifying logos on Our Studio, Equipment, and/or Vehicle(s).
You agree upon written demand to reimburse photospace fully and immediately for any and all costs, expenses, damages, losses, taxes, penalties, shipping costs, and cancellation fees as described or covered herein, including without limitation reasonable attorney fees, court and expert witness costs and expenses that We incur in whole or in part as a result of Your breach of all or any part of this Rental Contract, including those incurred in a court or arbitration proceeding, on appeal, and/or for collection of a judgment.
ENTIRE AGREEMENT, GOVERNING LAW, DISPUTE RESOLUTION, VENUE FOR DISPUTES.
You understand and agree that this Rental Contract is a legal and binding contract. Prior to entering into it, You have sought such legal or other review of or counsel about this Rental Contract as You see fit to obtain in Your sole discretion. This Rental Contract is a complete and integrated contract, and will govern all disputes between You and Us.
This Rental Contract is entered into in and governed by the law of the State of Colorado, regardless of the time, place, or location where You or We may execute it (including without limitation by Your clicking the box on photospace’s Website next to the statement, “I have read and agree to the policies as stated at PHOTOSPACE POLICIES”).
At Our sole option, You and We will mediate in good faith in Denver, Colorado any dispute arising out of or relating to this Rental Contract before either You or We may proceed in litigation. You and We will endeavor to mutually agree upon the mediator who will conduct that mediation, but if You and We cannot agree on one then We will select one in Our sole and subjective discretion.
Any litigation or other legal proceeding to execute upon, interpret, or enforce all or any part of this Rental Contract shall take place solely in the state courts of the City and County of Denver, State of Colorado, and You hereby knowingly and irrevocably waive any and all objections to jurisdiction and/or venue in such courts. YOU HEREBY ALSO FULLY AND KNOWINGLY WAIVE YOUR RIGHT TO TRIAL BY JURY ON ANY AND ALL CLAIMS, LOSSES, AND DAMAGES.