YOUR NAME HERE (hereinafter referred to as Renter), agrees to the terms and conditions of this agreement in consideration for the rental usage of the photospace facility and/or equipment and/or vehicles as specified. Renter agrees to the payment of all charges, fees, repair costs, and penalty fees.
RESERVATIONS/CANCELLATIONS/REFUNDS. Reservations for studio/equipment can be made online or over the phone or in person. No reservations are confirmed and no equipment is held without payment of a deposit. Confirmed reservations are subject to a cancellation fee of 100% of the full rental rate and penalty fees, if applicable. Your deposit (if applicable) is 50% of the total rental fees. For EQUIPMENT your deposit is fully refundable (minus a 5% transaction fee) if requested 14 days prior to the start of the day(s) you have reserved; if you cancel between 14 days and 10 days prior to your shoot, we will refund half of your deposit; if you cancel between 10 days and 3 days prior to the shoot, we will refund 25% of your deposit; no refunds will be processed for cancellations within 72 hours of your booking. There are no refunds for early returns. Changes to an EQUIPMENT rental can be made up until the day the rental begins – you can add equipment at any time through your rental, however no cancellation-type changes can be made once your rental begins. We do allow date changes at no penalty, provided the same EQUIPMENT is available on your requested date(s). Any EQUIPMENT being sub-rented for you is subject to any and all refund policies of the third-party companies from whence the equipment is rented. For STUDIO rentals, once your deposit is paid and the studio is booked, we turn down any other requests for your time period, and therefore confirmed studio reservations are subject to a cancellation fee of 100% of the full rental rate and penalty fees. All refunds are issued via check, regardless of method payment used.
INSURANCE REQUIREMENTS. You must insure all the equipment and/or vehicles you rent. You shall, at your expense, and at all times during the rental, maintain in full force and effect insurance covering all equipment and/or vehicles rented, from all sources, for full replacement cost (without deductions for depreciation), and for loss of use (rents) of the equipment. Coverage must begin from the time you or your agents accept delivery of the equipment and continue until the time the equipment is returned. You shall deliver to photospace evidence of the insurance coverage, typically a Certificate of Insurance satisfactory to the photospace, showing Liability Coverage, Property Insurance and Workers Compensation Insurance, prior to taking possession of equipment. Such insurance shall be written by reputable insurers acceptable to photospace; your insurers shall agree to be the primary insurers of such equipment and/or vehicles during the rental period. Notwithstanding this paragraph, you shall remain primarily liable to photospace for full performance under the terms and conditions of the Rental Contract. photospace may enforce its remedies directly against you without resort to your insurance. Full details of insurance required for you to rent is detailed on this site at: photospacedenver.com/insurance.
VEHICLE INSURANCE. If you are renting a vehicle from photospace, you shall, at your own expense, 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 shall include “comprehensive” and “collision” coverage. photospace shall be named as an additional insured with respect to the liability coverage, and as a loss payee with respect to the physical damage coverage. The Vehicle Insurance shall also include coverage for pollution, if caused by accident, caused by any vehicles. The Vehicle Insurance shall provide not less than $1,000,000 in combined single limits liability coverage and actual cash value for physical damage and shall provide that said insurance is primary coverage with respect to all insureds, the limits of which must be exhausted before any obligation arises under Our insurance. A copy of the Liability Insurance policy, including the declarations pages and the specific endorsement naming photospace as an additional insured will be provided to photospace upon request.
RENTAL CHARGES: STUDIO. The minimum facility rental charge 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 a cost of $60/hour. Overtime is subject to availability.
RENTAL CHARGES: EQUIPMENT. The minimum equipment rental charge is one full day, measured in 24 hour periods. All prices and specifications are subject to change without notice, most current rates are online at photospacedenver.com. Weekly rentals are four times the daily rate, weekend rentals are counted as one day. Mon-Fri 8:30am-5:30pm are standard hours for pickup and drop off of equipment by appointment. We are available 24/7 for equipment pickup/dropoff/delivery for an additional charge. Whenever possible we allow pickup the day before a shoot and return the morning after, but this may not always be possible.
RENTAL CHARGES: VEHICLES. Vehicles are rented on a 24hr basis, each 24hr period or portion thereof is considered as a one day rental.
EVENT RENTALS OF THE FACILITY. The facility is available to rent as an event venue for your own workshops or meetings for $1125/day, defined as 7:00am-midnight. An event rental contract must be signed, and the Renter must submit to photospace a Certificate of Insurance issued naming photospace as Loss Payee/Additional Insured.
DEPOSITS AND PAYMENTS. A credit card authorization is required on all rentals. Deposit shall be in the form of one of the following: a) business check, b) Visa/MasterCard, c) cash retail value. Debit and check cards may not be used for security deposit. 50% of the total rental fee for all photospace facility and/or equipment and/or vehicle is due upon reservation, for photo/video equipment and/or facility rentals the remaining 50% is due at the time the rental concludes. If after 7 days the final payment has not been made by Renter, photospace will charge the credit card on file. Payments not received within 7 days after the invoice date will cause your account to be considered past due and late fees of 1.5% per month will apply. For event rentals, the remainder payment is due 30 days prior to the event. Any equipment being sub-rented for you will require 100% of the total fees as deposit. Proof of insurance coverage acceptable to photospace may be required on some rentals. Renter, by giving photospace credit card authorization, authorizes photospace to use credit card for payment of rental charges, repair, replacement, services, goods, penalty fees, and/or any other payment owed photospace by Renter. All rentals require a clear photocopy of the front and back of a valid drivers license. Renter agrees not to dispute any charges with their credit card issuer as long as the amount in question was for services rendered and documented. Renter agrees that if Renter has any problems or questions regarding their service, Renter will contact photospace for assistance. Renter agrees that Renter will not dispute any charges from photospace unless Renter has already made an effort in good faith to rectify the situation directly with photospace and those efforts have failed, and are fully documented in writing.
LOSS, THEFT, OR DAMAGE. The Renter assumes entire risk of loss or damage to facilities and/or equipment and/or vehicle during rental. Once you have taken delivery of the Equipment, your responsibility includes, but is not limited to, risks while in transit, at all locations named and unnamed, at all studios, while on your own premises and while in use, or storage on the rental facility’s premises. Rental charges will continue during absence of equipment due to loss or damage. Any damage to or loss of equipment must be paid in full to Lessor on demand. Title to equipment and the right to, at any time, terminate lease and recover possession, if not returned on demand, remains with photospace. All charges, including attorney’s fees incurred in recovering equipment not returned on demand, remain with Renter. Disposal of equipment damaged by Renter is at the discretion of photospace. Your responsibility ends when the equipment and/or vehicle is returned, inspected, and the rental term has expired. Equipment/Vehicle will not be deemed to have been returned until all of the following conditions have been met: 1) property has been brought back to the premises during normal business hours; 2) an inventory has been completed and a missing and damaged list has been compiled, if needed; and 3) the term of the Rental Contract has expired.
MALFUNCTIONS. Equipment is rigorously tested before being offered for rental. Nevertheless we strongly suggest the Renter check out the equipment before accepting it. Our program of maintenance and inspection prevents most problems, but it is not possible even with the most meticulous inspection to duplicate all the conditions found in the field, nor is it possible to predict all failures. photospace must be notified of any and all problems immediately. Failure to do so can result in a full rental charge. All batteries are tested prior to rental; we recommend you purchase and compare batteries as battery life varies tremendously based on use and conditions. photospace will not be responsible for battery failure and will not waive rental fees.
EQUIPMENT/VEHICLE DAMAGED OR DESTROYED WHILE IN THE FIELD. As soon as you discover that equipment or vehicle in the field is defective, you should notify photospace of the problem and if necessary return the equipment and/or vehicle to photospace, either in-person or via freight pre-paid, for evaluation. photospace will make a reasonable effort to repair or replace the equipment or vehicle in the shortest amount of time. Upon return of damaged equipment, photospace will make a determination of the extent of the damage and the required repairs. You and/or your representative(s), will have a reasonable amount of time to inspect the damage. In determining whether equipment/vehicle shall be replaced or repaired, photospace’s judgment shall be conclusive upon you. Should photospace determine that the equipment and/or vehicle must be replaced, you will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation.
SPARE BULB/INSTRUCTION BOOK POLICY. Equipment rental price includes bulbs. Spare bulbs may be provided on request. There is no charge for the use of spare bulbs providing burned out bulbs are returned. A charge will be made for missing bulbs, broken bulbs or excessive burnouts. Instruction books will be supplied on request. Instruction books not returned will be billed for.
EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS. LIMITATION OF LESSOR’S LIABILITY. Renter warrants that Renter or Renter’s agent is trained and can utilize facilities and/or equipment, or with respect to vehicles, is a licensed driver and insured driver and trained in the usage of rented vehicle. Renter agrees that photospace shall not be responsible for Renter’s inability to utilize rented facilities and/or equipment and/or vehicle for any reason including insufficient knowledge of the facilities and/or equipment and/or vehicle. In the event Renter is unable to utilize the equipment due to Renter’s insufficient training or knowledge, or for any other reason, Renter agrees to hold photospace harmless from any damage or loss from the failure or inability to use the facility and/or equipment and/or vehicle. Renter agrees that photospace has no duty to instruct or train Renter in the use of equipment, and that any information regarding the equipment and/or vehicle is given as a courtesy and is not part of the rental agreement. photospace reserves the right to refuse rental to any person, company or organization for any reason.
INDEMNITY. Renter agrees to hold photospace harmless and indemnify photospace in the event of theft, injury, or other loss or damage arising from usage of Renter’s facilities or equipment or vehicle. Renter assumes all liability for any and all damage or loss whatsoever, and/or injury incurred, either directly or indirectly to his invitee, agent or employee as a result of using Renter’s facilities or equipment or vehicle, and for personal property of renter, invitee, or employee. Facility and/or equipment and/or vehicle is used at Renter’s sole risk. photospace shall not be liable beyond the amount of any rental fees for any injury, loss, or damage suffered by customer, directly, indirectly, or consequentially, as a result of mechanical failure, casualty, unavailability of equipment, or otherwise.
FACILITIES. Studios are rented on an as is basis. Painting of cyclorama (cyc wall) is available prior to your shoot for a $150 fee. No other surface in the facility may be painted other than the cyc wall. Painting may be done by Renter at no charge subject to availability. Paint spraying is not allowed. photospace will supply painting materials and the specific paint, at a per/gallon charge of $45. photospace’s agent shall have the right to enter the rental area and take possession thereof at any time. Premises shall not be used for unlawful acts. No hazardous substances or materials shall be brought on the premises without written permission from Lessor.
NO SUBLEASE BY YOU IS PERMITTED. You may not sublease all or any part of the facility and/or equipment and/or vehicle without written consent of photospace.
DO NOT REMOVE SERIAL NUMBERS OR COVER COMPANY LOGOS. You may not remove or cover over any serial numbers, tags, nameplates, or identifying logos on the equipment and/or vehicle showing ownership by photospace.
NO WARRANTY OR GUARANTY Except as provided by the law, faculty, equipment or vehicle is rented to you without warranty or guaranty of any kind, expressed or implied, and photospace assumes no responsibility unless agreed to in writing.
REMEDIES. Renter agrees to reimburse photospace for all costs and expenses of collection of any amounts owed under this, or any other agreement Renter has entered into with photospace, including, but not limited to, reasonable attorney’s fees, penalty fees, and continuing rental and late charges plus interest at 1.5% per month.