terms & conditions
Terms & Conditions
The Apiary Collective LLC (30 Arbor Street suite 224 Hartford, CT)
and Studio Renter agrees to the following terms and conditions
WHEREAS Nightingale Events DBA The Apiary Collective has entered into a contract to provide rental space:
[1] Upon signature and receiving the retainer of 100% of the chosen time slot, Renter reserves the time(s) and date(s) agreed upon. Retainer is non-refundable. Shared time with other photographers or vendors is not permitted. Any breach of this agreement will constitute a reason for non-completion of the job with no liability to Nightingale Events DBA The Apiary Collective and will result in the loss of the initial payment, sitting fees, and/or retainers. Retainers are non-returnable. Rental must be paid in full in advance of rental date and include a 6.5% tax.
• [1.1] A 100%-payment is required to hold your rental date and times.
• [1.2] If date of rental needs to be changed, this may be done with no penalty fee fourteen (14) days prior to rental date. Rescheduling will be based on availability.
• [1.3] If time of rental needs to be reduced within three (3) days prior to rental, no refund will be issued for the subtracted time.
• [1.4] If date of rental needs to be changed within five (5) to fourteen (14) days of rental, a $25 rescheduling fee will be applied to Renter’s balance.
• [1.5] If date of rental needs to be changed within three (3) to four (4) days of rental, a $50 rescheduling fee will be applied to Renter’s balance.
• [1.6] If date of rental needs to be changed within two (2) days of rental, a $75 rescheduling fee will be applied to Renter’s balance.
• [1.7] If date of rental needs to be changed within 24 hours of rental, a $100 rescheduling fee will be applied to Renter’s balance.
• [1.8] If the Renter cancels rental within five (5) days prior to the rental, no refund will be issued and the full balance will be due.
[2] Nightingale Events DBA The Apiary Collective will not be held responsible in the event of Renter or their client’s tardiness or lack of co-operation, or weather conditions which may affect the quantity or quality of the images produced. The renter understands that other appointments may follow immediately after, therefore Nightingale Events DBA The Apiary Collective may not be able to accommodate additional time on that particular day without advance notice.
• [2.1] Rental time is limited to the time allotted in the contract and agreement description. If Renter or their client is tardy to a session Nightingale Events DBA The Apiary Collective will not be held responsible for making up for the lost time.
• [2.2] Overtime will be calculated in increments of 15 minutes beyond the contracted end-time of the rental period when renter is either still using or cleaning up the studio space. Nightingale Events DBA The Apiary Collective will assess overtime fees as necessary post-rental.
• [2.3] For every 20 minutes that the Renter is tardy passed their allotted start time, a $10 fee will be charged.
[3] Renter must provide Nightingale Events DBA The Apiary Collective with a description of the type of photography Renter plans to do during rental time.
• [3.1] Any and all unlawful act within the studio will result in termination of membership and revoke any future studio access.
• [3.2] Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter while on Nightingale Events DBA The Apiary Collective premises. Renters are solely responsible for the safety and well-being of any models Renter engages. Renter understands that if Nightingale Events DBA The Apiary Collective observes dangerous, pornographic, or negligent practices or activities that are being engaged in, Nightingale Events DBA The Apiary Collective reserves the right to stop the shoot and require Renter and Renter’s party to leave immediately. However, Nightingale Events DBA The Apiary Collective assumes NO RESPONSIBILITY to act in such cases.
• [3.3] Nightingale Events DBA The Apiary Collective has no responsibility to determine or verify the age of participants in the Renter’s activities but reserves the right to end those activities if it becomes aware that legal age violations are on-going.
[4 Nightingale Events DBA The Apiary Collective reserves the right to terminate this Agreement in written notice to the Renter should the Renter act in a manner that provides Nightingale Events DBA The Apiary Collective with a reasonable basis to believe that the Renter cannot or will not perform its financial obligations in a timely manner. Upon termination all monies paid minus the retainer will be refunded to the Renter if over 14 days prior to event. If less than 14 days to event all monies paid until that point are forfeit as recompense for lost income. This will not be used unless all other manners of mediation have been exhausted.
[5] In the event that studio time has been donated or discounted, Renter understands that they are still held responsible for any damage to the studio via the $200 incidental fee.
• [5.1] Cancellations on free or discounted rentals within 7 days prior to rental date results in the full, un-discounted amount being owed. Renter understands that Nightingale Events DBA The Apiary Collective rental time was blocked off for Renter, therefore any cancellations within 7 days must be paid in full.
• [5.2] Rescheduling must be done no later than 7 days prior to rental date in order to avoid penalty fees or the total amount of the rental being due.
• [5.3] Should Renter need to pay the full amount due to cancellation or rescheduling, the amount due is reflected on the current price at the time of cancellation/rescheduling.
• [5.4] Rescheduling less than 7 days prior results in a $25 rescheduling fee.
• [5.5] Rescheduling is based on availability.
[6] In the event that studio time has been donated or discounted, Renter must properly acknowledge Nightingale Events dba The Apiary Collective in advertisements as a participant/sponsor.
[7] Renter and/or Client shall indemnify and hold harmless Nightingale Events DBA The Apiary Collective from any and all harm, claims, damages, and actions arising out of Renter's or Client's use of the materials provided to and/or purchased by Renter and from any and all harm, claims, damages, and actions arising out of breach of this Agreement and from any and all harm, claims, damages, and actions arising out of Client’s actions with respect to third parties. This shall include Nightingale Events DBA The Apiary Collective right to claim attorneys’ fees and costs that Nightingale Events DBA The Apiary Collective may incur in defending any claim or action against it or in pursuing any action to enforce any aspect of this Agreement. This limitation on liability shall also apply in the event that photographic and/or video and/or film materials are damaged in processing, lost through camera or other electronic or analog media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Nightingale Events DBA The Apiary Collective, this is to include equipment malfunction day-of the event, with reasonable attempt to correct problem with adequate back-ups, and equipment malfunction after the event. In the event Nightingale Events DBA The Apiary Collective so fails to perform for any other reason, Nightingale Events DBA The Apiary Collective shall not be liable for any amount in excess of all monies paid.
[8] Covenant Not to Sue
Renter may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and ensures to the benefit of Nightingale Events DBA The Apiary Collective, Renter, Renter’s principals, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. Renter and its principals, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing because of immediate day of shooting. This agreement incorporates by reference Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.
• [8.1] Renters are solely responsible for any legal infractions Renter or members of Renter’s party make during the conduct of the shoot, be they in our studio or elsewhere. This includes parking tickets, all other violation or citations, and legal action resulting from the conduct of the shoot, taken at whatever time.
[9] Renter must show proof of Liability Insurance ($1 million coverage) and add " Nightingale Events DBA The Apiary Collective, LLC" as additional insured prior to booking. In the case that Renter does not have Liability Insurance, a Liability Release Form is included in this contract.
[10] Nightingale Events DBA The Apiary Collective is not obligated to accept certain modes of payment. The Renter agrees to make payment to Nightingale Events DBA The Apiary Collective credit card via Renter’s Client Center.
[11] Should the Renter be photographing children in Nightingale Events DBA The Apiary Collective, it is the Renter’s responsibility to remove breakable items and place them out of reach of children.
• [11.1] Pets are not permitted inside Nightingale Events DBA The Apiary Collective.
• [11.2] Renter must return Nightingale Events DBA The Apiary Collective to the condition it was found. If the studio is not satisfactorily returned to the state it was prior to the rental period, a clean-up fee of $25 will be charged.
[12] Unless otherwise noted, Renter may be the only photographer present in the studio during their rental. If another photographer, paid or unpaid, professional or amateur, is present and photographing their own Client’s during Renter’s time Nightingale Events DBA The Apiary Collective reserves the right to terminate that rental with no monies refunded to the Renter. Please respect Nightingale Events DBA The Apiary Collective in this issue as the goal is to provide each photographer their own space while they photograph their clients.
[13] In the case of adding hours to Renter’s package, Renter understands that the pricing will be the current pricing at the time of adding said hours. Nightingale Events DBA The Apiary Collective is in no way obligated to honor pricing at time of initial booking if pricing has changed.
[14] Renter hereby expressly consents to the jurisdiction of the Connecticut State Court with respect to claims by Photographer under the Copyright Act of 1976, as amended.
[15] Assumption of Risk: Use of Nightingale Events DBA The Apiary Collective and any studio equipment is AT RENTER’S OWN RISK. Renter hereby waives rights to seek legal redress for mishaps, accidents, and/or loss while on Nightingale Events DBA The Apiary Collective premises.
• [16] Guest, Renter, and/or Client acknowledges the inherent risks in the use of equipment, tools, and devices commonly used in photography and film production and that Guest’s participation in such activities and/or use of such tools may result in injury, illness, death, or damage to Guest or Guest’s personal property. Further, such risks and dangers may be caused by Guest or other Guests or Members. Finally, such injury, illness, death or damage to Guest or any personal property may arise from foreseeable or unforeseeable causes including, without limitation, electrocution, burns, or slip and fall injuries. Guest hereby fully assumes all such risks and any others which arise because of Guest’s association with Nightingale Events DBA The Apiary Collective.
• [16.1] Renter agrees not to light candles, burn incense, or use any other item that could cause fire.
[17] Renter cannot claim Nightingale Events DBA The Apiary Collective as their own studio at any given time to clients, vendors, or anyone else.
[18] Should Renter rent Nightingale Events DBA The Apiary Collective for a meeting at a "meeting rate," Renter is in no way allowed to use the space for any photography. Should Nightingale Events DBA The Apiary Collective find out that Renter used the space for photo sessions, Renter will be responsible for the full photography rental pricing prior to future rentals by said Renter.
[19] This contract incorporates the entire understanding of the undersigned parties. Any modifications must be in writing and signed by both parties. By signing this agreement, Renter and Nightingale Events DBA The Apiary Collective agree to the terms and conditions noted above.
[20] By signing this contract, the renter is added to Nightingale Events DBA The Apiary Collective mailing list. Renter may opt out anytime.
[21] Renter agrees to the following Liability Release:
Liability Release Form
I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Nightingale Events DBA The Apiary Collective, Nightingale Events DBA The Apiary Collective, or its owners (hereinafter referred to as “Nightingale Events DBA The Apiary Collective”) from any and all liability, claims, and demands, action and cause of action whatsoever arising of or relate to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while renting Nightingale Events DBA The Apiary Collective or while on or upon the premises where such activities are being conducted. Regardless of whether such loss is caused by the negligence of Nightingale Events DBA The Apiary Collective or my client(s).
I am fully aware of all the risks and hazards involved with renting Nightingale Events DBA The Apiary Collective including the risk of injury, or even death, and I hereby elect to occupy the premises knowing that I am solely responsible for activities that may be hazardous to my health and/or property. I voluntarily assume full responsibility for any risks of loss, property damage, personal injury, including death, that may be sustained by me, or any loss or damage to the property owned by me, as a result of negligence.
It is my expressed intent that this Waiver of Liability shall bind the members of my family and spouse if I am alive and my heirs, assigns, and personal representative if I am deceased, and shall be deemed as a release, waive, discharge and convention to sue Nightingale Events DBA The Apiary Collective. I hereby further agree that this Waiver of Liability shall be construed in accordance with the laws of Connecticut and that any mediation, suit, or other proceeding must be filed or entered into only in Connecticut and the federal or state courts of Connecticut.
In signing this agreement, I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made and I execute this release for full, adequate, and complete consideration fully intending to be bound by the same.
CANCELLATIONS
Must be done 14 days prior and a studio credit will be given.
LENGTH OF USE
Rental periods are pre-arranged at the time of booking. Photographer’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Time includes set up and break-down. Studio must be cleaned and vacated by the end of the rental period. No prior drop-off and/or pick-up after completion of shoot, of equipment, props, etc. unless negotiated at time of rental contract. Additional fees may apply. Early or extended hours must be worked out and paid for in advance before rental 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. Company will dispose of trash collected in the supplied trash cans. Photographer must discard larger items, such as personal props and set pieces, on their own. Items left after 7 days will be assumed abandoned and may be discarded or kept by the Company for Company use, with no compensation due the Photographer, at the discretion of the Company. If Photographer does not return Premises to the order and cleanliness found when Photographer arrived, Company 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 must stay in areas with hard floors, not in carpeted areas.
• 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 Company representative.
• Maximum of eight people in Photographer’s party. Ask ahead if you have a larger group.
WAIVER OF LIABILITY
Use of Company’s Premises and equipment is at Photographer’s risk. Photographer hereby agrees that Company 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. Photographer holds harmless and indemnifies Company 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 rental for such causes arising during the term of the rental.
CONDUCT
This is a shared studio and we maintain a professional environment. Photographer shall be solely responsible for the conduct and welfare of all persons accompanying Photographer while on Company’s Premises. Photographer agrees that a Company representative may, at Company’s sole discretion, be present at all times. If the representative observes or otherwise becomes aware of dangerous, pornographic, 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 Company representative. In such case no refund will be given for unused time. However, Company 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. Company 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 Company becomes aware that legal age violations are occurring. Company 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 will be required, prior to rental, to present a certificate of general liability insurance naming Nightingale Events, LLC as additionally insured on the dates of the rental. 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 Company agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Photographer’s purposes. Photographer shall notify Company 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.
DAMAGE
Photographer shall be solely responsible for any damage to Company’s property or equipment that occurs during the time Photographer or his party occupies the Premises. Damage deposits will be held until repairs can be made. If the damage exceeds the amount of the damage deposit, 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.
MISCELLANY
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 Company 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 Connecticut shall govern this Agreement. The following signatures constitute a legal and binding Agreement between Photographer and Company.
