USAGE TERMS: “Fourth Wall” is Fourth Wall Photo, LLC; “Premises” includes the studio, office, restroom facilities, kitchenette and parking areas leased by Fourth Wall Photo Studio, LLC.; “Photographer” is the person or entity using Premises and/or equipment.
PAYMENTS & DEPOSITS: In order to confirm and hold a reservation a 50% Usage fee deposit is due at the time of booking. The remaining 50% shall be due at the end of the Usage period. Rentals that are 2 days or less require 100% payment at the time of booking.
CANCELLATIONS, NO-SHOWS, and LATE ARRIVALS: Any cancellation more than 48 hours out shall result in a full refund on the Usage fee deposit. Cancellations made 48 hours or less shall result in the forfeiture of the Usage fee deposit. If you are going to be late you must text me and let me know ASAP. Any late arrivals past 15 minutes without informing me will result in the forfeiture of the deposit/payment and any remainder will still be due.
LENGTH OF USE: Usage periods are pre-arranged at the time of booking. Photographer’s Usage time begins promptly at the designated starting time and ends promptly at the designated ending time. Photographer may arrive 10 minutes early to load in and may take up to 10 minutes after the designated ending time to strike and load out. The Studio must be cleaned and vacated by the end of the Usage period. No prior drop-off and/or pick-up after completion of shoot, of equipment, props, etc. unless negotiated at time of Usage agreement. Additional fees may apply. Early or extended hours must be worked out and paid for in advance before Usage period begins.
CLEANING & TRASH: Photographer agrees to leave the Premises and all contents and fixtures in the same condition as they were when Photographer arrived. Fourth Wall will dispose of trash collected in the supplied trash cans. Photographer must take all larger trash items with them when finished. There is no large trash item disposal at Fourth Wall. All items brought to the Premises by Photographer are to be removed by Photographer. Items left after 7 days will be assumed abandoned and may be discarded or kept by the Fourth Wall for Fourth Wall use, with no compensation due the Photographer, at the discretion of the Fourth Wall. If Photographer does not return Premises to the order and cleanliness found when Photographer arrived, Fourth Wall will charge at minimum a $50 cleaning fee.
STUDIO RULES:
- No smoking whatsoever is allowed in the building or within 20 feet of any entrance.
- Food and drink are allowed – please be mindful and careful.
- No alcoholic beverages or non-prescription or illegal drugs.
- Music/voices are to be kept at reasonable levels and not contain vulgar or offensive lyrics or words.
- No one will be admitted who is drunk or under the influence of illegal substances.
- No pets allowed without prior consent of a Fourth Wall representative.
- Maximum of ten people in Photographer’s party. Ask ahead if you have a larger group.
- No pornography shall be photographed in the Studio. Boudoir photography is permitted. If shooting boudoir, Photographer must pull the blinds on the window and door and lock the door to prevent non-participants from entering Fourth Wall.
- If you need the use of any equipment (lights, stands, backdrops …) you MUST inform Fourth Wall at the time of booking. No equipment may be taken from the office/storage room without prior notice.
- The office/equipment storage room is off-limits and shall not be accessed or entered by Photographer. This is why you MUST inform us if you need to use any equipment – you will not have access to it otherwise.
- Photographer MUST arrive on time. A Fourth Wall representative will wait for 20 minutes after the booked start time for Photographer. After we will leave and Photographer forfeits their deposit and must still pay the full remainder due.
WAIVER OF LIABILITY: Use of Fourth Wall’s Premises and equipment is at Photographer’s risk. Photographer hereby agrees that Fourth Wall will not be held liable for any direct, indirect, incidental, or consequential damage, injury or loss to Photographer, his party or possessions while on the Premises or on the Property. Photographer holds harmless and indemnifies Fourth Wall and its owners, agents, representatives, associates, officers, employees, guests and tenants against any suit, claim, loss, accident, judgment, fine, injury or damages, including reasonable attorney’s fees. This indemnification shall continue in full force and effect during and after the term of the Usage for such causes arising during the term of the Usage.
CONDUCT: Photographer shall be solely responsible for the conduct and welfare of all persons accompanying Photographer while on Fourth Wall’s Premises. Although very unlikely, photographer agrees that a Fourth Wall representative may, at Fourth Wall’s sole discretion, be present at all times. If the representative observes or otherwise becomes aware of dangerous, illegal, or negligent practices or activities, the representative reserves the right to stop the shoot and may require Photographer and Photographer’s party to leave immediately. The authorities will be alerted to any illegal activities witnessed by the Fourth Wall representative. In such case no refund will be given for unused time. However, Fourth Wall and its representatives assume no responsibility to act in such cases.
AGE OF MODELS: Photographer is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. Fourth Wall has no responsibility to determine or verify the age of participants in the Photographer’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities if Fourth Wall becomes aware that legal age violations are occurring. Fourth Wall is not liable in the case of an invalid ID or any other form of age verification.
INSURANCE: Businesses, Corporations, Production Companies and other legal entities may be required, prior to Usage, to present a certificate of general liability insurance naming Fourth Wall Photo Studio, LLC as additionally insured on the dates of the Usage. If so required, Photographer’s liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit. Liability insurance shall be Commercial General Liability with a minimum of $1,000,000 per occurrence & annual aggregate.
EQUIPMENT: If previously agreed upon, Fourth Wall shall provide equipment in good working order but makes no special guarantees as to said equipment’s functionality or suitability to Photographer’s purposes. No equipment is included in the Usage unless previously agreed upon. Photographer shall notify Fourth Wall immediately of any malfunction, damage or other issues with the equipment. There is no studio phone service provided. Photographer is advised to bring a cell phone. WiFi internet service is available during the Usage period. Code for access will be provided in the Usage agreement. Bathrooms are available next door with entry code 9125.
DAMAGE: Photographer shall be solely responsible for any damage to Fourth Wall’s property or equipment that occurs during the time Photographer or his party occupies the Premises. Photographer agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition. Photographer agrees to pay for damage to the Premises including spills, excessive wear, marks or stains on furniture, fixtures, or painted surfaces.
ARBITRATION and MISCELLANY: If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claim to binding arbitration subject to the commercial arbitration rules of the American Arbitration Association. This arbitration will take place in Maricopa County, Arizona. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the American Arbitration Association. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to prevail in the arbitration, fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $100. Photographer shall comply in all respects with all federal, state, county, city, or other local laws, regulations and ordinances and all rules and regulations of any governmental authority, in connection with this Agreement. This Agreement incorporates the entire understanding and agreement between Fourth Wall and Photographer. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of Arizona shall govern this Agreement. Payment of the 50% Usage fee deposit indicates acceptance of this binding Agreement between Photographer and Fourth Wall.