MRD STUDIO RENTAL

 Studio Rental and Terms of Use Agreement

As a condition of the above named RENTER renting studio facilities and equipment of MRD Studio (owned by M. Roberts Media), the RENTER hereby freely, voluntarily, and without duress executes the Release and Waiver of Liability under the following terms:

1. INDEMNITIES AND HOLD HARMLESS

The undersigned Renter, on his/her own behalf of his/her heirs, next of kin, executors, administrators, personal representatives, and assigns, does hereby agree:

a)    to waive all claims that the Renter may have now or in the future against M. Roberts Media and the MRD Studio, its employees, directors, officers, insurers, agents, successors, and assigns of MRD Studio (collectively “MRD Studio” or the “Released Parties”) with respect to the above mentioned rental, including, but not limited to, claims arising as a result of equipment malfunction or failure, accidents, falls, or any other damage(s)/accidents or any other cause while on the premises of M. Roberts Media;

b)    to release and forever discharge the Released Parties from all liability for personal injury, death, property damage or loss resulting from the rental due to any cause, including, but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract, mistake(s), action, lack of action, or error of judgment on the part of M. Roberts Media/MRD Studio owners and/or staff;

c)     to be liable for and to hold harmless and indemnify M. Roberts Media/MRD Studio, its ownership, and staff from all actions, proceedings, claims, damages, costs, demands, including hospital costs, court costs, arbitration or legal fees, and liabilities of whatever nature or kind arising out of or in any way connected with the rental or any behavior exhibited during the rental session at M. Roberts Media/MRD Studio’s facilities.

Renter agrees to hold M. Roberts Media/MRD Studio, its agents or owners, representatives, and anyone acting on behalf of M. Roberts Media/MRD Studio completely harmless from any responsibility, action, legal or otherwise, that results from Renter’s (or anyone related to the Renter’s party) actions and conduct.   Additionally, Renter agrees to indemnify and hold harmless M. Roberts Media/MRD Studio, of any liability or responsibility for Renter’s, or any of the Renter’s associated party, behavior and conduct towards another person at any time while on M. Roberts Media/MRD Studio property or general area of M. Roberts Media/MRD Studio facilities.

2. MINORS

Renters are solely responsible for verifying that all models employed during Renter’s rental period are of legal age for the activities they are to be engaged in. Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter while on our premises. M. Roberts Media/MRD Studio has no responsibility to determine or verify the age of participants in the Renter’s activities.

2. ACCEPTANCE OF RESPONSIBILITY

The Renter hereby accepts and assumes all responsibility for all risks associated with and/or resulting in his/her use of the premises and equipment (THIS INCLUDES ALL PERSONS ASSOCIATED WITH THE RENTER, INCLUDING BUT NOT LIMITED TO RELEVANT GUESTS, MODELS, ASSISTANTS, PHOTOGRAPHERS, OR FRIENDS). The Renter freely accepts these risks and agrees to the terms of the Release, even if M. Roberts Media/MRD Studio is found to be negligent or in breach of any duty of care or any obligation to the Renter.

The Renter agrees responsibility for any loss (in the amount solely determined by M. Roberts Media/MRD Studio ownership) or damage to the studio; equipment on premises of the business resulting from the Renter’s same (except for normal wear and tear). The Renter agrees to pay the costs of repair or replacement for any such loss or damage within 48 hours of a claim from M. Roberts Media/MRD Studio to the Renter.

Use of M. Roberts Media/MRD Studio’s facilities and equipment is at Renter’s own risk. Renter hereby waives rights to seek legal redress for mishaps, accidents, and/or loss while on our premises. Renter agrees to leave the studio and adjacent grounds in the same condition, as they were when Renter arrived. Renters are solely responsible for any legal infractions Renter or members of Renter’s party make during the conduct of the scheduled booking, be they in our studio or elsewhere. This includes parking tickets, claims of personal abuse, or all other violation or citations, and legal action resulting from the conduct of the studio booking, taken at whatever time. Renters are solely responsible for the safety and well-being of any models, production assistants, or any other personnel accompanying Renter or engaged by Renter.

5. AGREEMENT TO ARBITRATION

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 Austin, Texas. 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, that they will faithfully observe this agreement and the Rules, and that they will abide by and perform any award rendered by the arbitrator, and that a judgment of the court having jurisdiction may be entered on the award. The prevailing party in any such arbitration shall be entitled to an award of reasonable attorney’s fees and costs in addition to any other relief granted.

Terms of Use

The Renter (as the customer of M. Roberts Media/MRD Studio) assumes responsibility for yourself and any other individuals who enter the rented studio space during your designated time and agree to follow the rules and regulations of M. Roberts Media/MRD Studio. You also agree that your credit card or bank account will be billed for any charges resulting from your usage of the facility, which includes but is not limited to missing gear upon checkout, negligence that results in the gear or the studio being damaged, or any overage in time. Scratches/dents to photography lights or other equipment will result in a minimum damage fee of $50. Please make sure to advise your crew to be careful.

MINORS:

If you are under eighteen (18) years of age, the parent or legal guardian who executes this agreement on your behalf agrees that both you and the parent or legal guardian shall be subject to all the terms and conditions set forth in this agreement. *No minors are allowed in the photography studio. If you violate this policy, not only are you subject to being barred from future use of the studio, but are also hereby notified that you assume full liability for any and all litigation outcomes associated with photography of a minor. M. Roberts Media/MRD Studio is not liable for violation of this policy.

RULES AND REGULATIONS:

1.     Studios must be vacated on time. Set-up, breakdown, cleanup, pack-up are all included in the reserved time that was scheduled and agreed to. Overtime fees are $100/hr and are billed in 15 minute increments.

2.      At no time are customers to engage in any kind of unlawful activities while on the premises of M. Roberts Media/MRD Studio.

3.      All customers and related parties must read and take notice of signage, staff instructions, and be kind to all other customers.

4.      Any minor incidental damage incurred to the property of M. Roberts Media/MRD Studio during the normal course of use is something that happens from time to time and the customer will not be held liable. However, if damage occurs due to deliberate acts, carelessness, or unwarranted behavior, the customer’s credit card will be charged for the damage even if the cardholder did not personally damage any property. The cardholder is responsible for the entire party that accompanies the cardholder. If the credit card on file is not able to be charged for any reason, you hereby authorize other means of collection.

5.      All of the equipment provided is accounted for before and after each customer session. If anything is missing, the booking customer will be charged the retail “new” value for that item. Each studio has a form for the customer to review the inventory at the start of their session at M. Roberts Media/MRD Studio. It is the customer’s responsibility to notify M. Roberts Media/MRD Studio of any missing inventory/equipment before the session starts otherwise the customer is held liable for any missing equipment/inventory at session end.

6.   If a representative or group should violate any items of this agreement, M. Roberts Media/MRD Studio staff will have the right to terminate their occupancy immediately as well as deny them services in the future.