KCole Studio Rental Contract
Studio Rental Contract
This contract is made between Renter (the below signed) and Kacey Cole Photography (K.Cole Studio) on the above date for the use of the studio at 2555 S. Santa Fe Drive #275 Denver, CO 80223.
Renter Responsibilities: Renter agrees to abide by all policies, guidelines, rules, and regulations of K.Cole Studio (collectively, the “Studio Rules”) and acknowledges K.Cole Studio’s right to terminate any rental if Renter fails to fulfill the requirements of this Agreement.
Safe use of Facility and equipment: Member agrees to abide by all Studio Rules for safe use of the Facility and equipment, including following any verbal or written instructions provided. Renter also agrees to abstain from any activity that would knowingly place another member in danger of injury or harm. K.Cole Studio Rules are subject to change.
Use of Equipment: Renter agrees to seek instruction from an Employee in the use of all equipment, including, but not limited to, [Lighting, Grip Gear...], prior to use.
Acknowledgement & Assumption of Risks and Waiver of Claims: Renter has read and delivered to K.Cole Studio a signed copy of the Acknowledgment & Assumption of Risks and Waiver of Claims.
Scheduling
Scheduling is on a "first come, first served" basis with precedence given to studio owner Kacey Cole.
Premium Saturday and Sunday scheduling may be subject to additional fees.
Full studio booking does not preclude the usage of premises by studio owner Kacey Cole for non-photographic work unless previously discussed.
Renter will be allowed access only during scheduled hours. Early arrival will not be permitted.
Unused hours due to subject no-shows, sessions finishing early, or last minute cancellations will not be reimbursed.
In the event of a cancellation, notification must be made to K.Cole Studio immediately. Cancellations may be subject to partial or full hours lost if not rescheduled.
Additional Terms and Conditions
No smoking or vaping of any substance is allowed. No alcohol consumption is allowed. No animals of any kind are allowed on building premises with the exception of service animals.
NO ROOFTOP ACCESS IS ALLOWED.
Premises shall not be used for unlawful acts or for the creation of all pornography.
KCole Studio will not be held responsible for lost, stolen or damaged property.
KCole Studio will not be held responsible for any accidents or injuries that may occur on premises to you or any other persons under your control and Renter agrees to hold KCole Studio and it’s principals, agents, officers, and assigns harmless from any and all claims and further agrees to defend and indemnify KCole Studio and it’s principals, agents, officers, and assigns from any and all claims for injuries, damages or losses.
When scheduled and present, the Renter is responsible for maintaining a safe and secure environment.
Renter is responsible for basic cleaning of the studio after each use (overall tidiness, props and equipment returned to designated staging area, trash, clothing and incidentals removed, etc.). Failure to abide by these terms may result in an additional assessment for cleaning and repair of any damage to the premises or the equipment located thereon.
Accessing, using, or touching equipment or space that does not belong to K.Cole Studio is is strictly prohibited. This includes space and equipment belonging to tenants in the same building as K.Cole Studio.
The use of another person’s equipment will not be allowed without the permission of the owner.
Renter shall be responsible for all damages to property or persons that may occur during the Renter's use. Renter shall also pay all reasonable collection and attorney fees incurred should Renter fail to pay for any and all damage caused by or occurring during Renter's use.
Renter understand that photography equipment on site (the “Equipment”) may break, fail or malfunction despite reasonable maintenance and use. Some of the Equipment may inflict injuries even when used as intended. Persons using the Equipment may lose control of such equipment and cause injury to themselves and to others.
This Acknowledgement & Assumption of Risks and Waiver of Claims includes, without limitation, all injuries which may occur, as a result, of: (1) Renter’s use of all amenities and the Equipment in the Facility and Renter’s participation in any activity in the Facility; (2) the sudden and unforeseen malfunctioning of any Equipment; and (3) Renter’s slipping or falling or both while in the Facilities, or on the premises, including adjacent sidewalks and parking areas.
Renter is aware that if he/she is injured, becomes unconscious, or otherwise suffers a medical emergency, that there will likely be no one to respond to his/her emergency and K.Cole Studio has no duty to provide assistance to Renter. Should Renter or any of their invitees require immediate assistance, none will be provided.
Renter acknowledges and assumes the risks involved in these activities, and for any damage, illness, injury or death resulting from such risks. There are no physical, emotional, mental problems, or limitation associated with Renter’s use of the Facilities.
Release, Waiver of Liability and Indemnification
Renter, on Renter’s behalf and on behalf of Renter’s minor children, and any of Renter’s invitees who use or enter upon the Facilities (whether authorized by K.Cole Studio or not) (collectively, the “Renter Parties”) WAIVES, RELEASES, DISCHARGES AND AGREES NOT TO SUE K.Cole Studio, including its managers, operators, employees, agents or vendors, the designers, manufacturers, or installers of the Facilities or equipment of K.Cole Studio, the owners, lessors, or lessees of K.Cole Studio, and all of their respective managers, members, principals, officers, directors, shareholders, employees, agents, contractors, subcontractors, successors, assigns, volunteers, invitees, and guests (except a Renter’s invitees and guests), and any affiliated or subsidiary entities, as may now or hereafter be constituted, and any other entity of any nature which these named entities maintain the majority of ownership or financial or management control (collectively, the “Studio Parties”) from or for any and all liabilities, claims, judgments, orders, awards, losses, expenses, costs, fines, penalties, demands, causes of action, damages, or suits at law or equity of whatsoever kind, including but not limited to claims for negligence (including future negligence) of any person or entity, however caused, including but not limited to the STUDIO parties, whether passive or active, personal injury, property damage, theft, medical expenses, loss of services, or attorney’s fees (collectively, “Liabilities”), on account of or in any way related to or growing out of, directly or indirectly, (i) Renter’s or any Renter Parties’ use of the Facilities, or (ii) failure of Renter or any Renter Parties to comply with any applicable federal, state, or local law or regulation (all of the foregoing referred to herein as the “Waived Claims”). Unless permitted by law, this Waiver does not waive intentional torts, gross negligence, or other activities involving the public interest.
THIS WAIVER IS INTENDED TO AND DOES RELEASE THE STUDIO PARTIES FROM ANY AND ALL LIABILITY FOR DAMAGES OR INJURIES ON ACCOUNT OF OR IN ANY WAY RELATED TO OR GROWING OUT OF RENTER'S NEGLIGENCE, THE RENTER PARTIES’ NEGLIGENCE, THE NEGLIGENCE OF THIRD PARTIES, AND (to the fullest extent permitted by applicable law) ANY STUDIO PARTIES’ NEGLIGENCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE IN THE OPERATION, CONSTRUCTION, MAINTENANCE AND UPKEEP OF THE FACILITIES, NEGLIGENCE IN TRAINING, OR NEGLIGENCE IN SUPERVISION.
Renter hereby agrees to indemnify and hold harmless K.Cole Studio and Studio Parties with respect to any claim asserted by or on behalf of Renter or Renter Parties, as a result, of injury, illness, damage or death.
Governing Law
Renter agrees that this document and all other aspects of my relationship with K.Cole Studio and Studio Parties shall be governed by the laws of the state of Colorado. Further, I agree that any legal proceeding concerning such relationship must be filed exclusively in the state of Colorado.
Severability
Should any part of this Agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording shall be removed and the remainder of this Agreement will remain in full force.