Terms & Conditions
This page contains the terms & conditions. Please read these terms & conditions carefully before booking with us.
No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
CREATE shall not be held liable for failure to provide services covered by the temporary use of CREATE due to any cause beyond CREATE or its agent's control.
Prior to the rental period, Lessee shall provide CREATE a certificate of insurance which evidences Lessee's coverage under a liability insurance policy which shall include bodily injury and property damage coverage in an amount of not less than 1,000,000.00. Such insurance shall be maintained throughout the rental period. The certificate shall list Nicola Sertorio as an additional insured. The insurance will not limit Lessee's liability hereunder. The insurance certificate must be emailed to Nicolo@PhotoNicolo.com
Lessee will be fully responsible for (and will reimburse and indemnify CREATE with respect to) any and all damage to the property (or any equipment or other materials on the property) caused in whole or in part by Lessee or its agents (or any other third party present at the property on behalf of lessee). Lessee will ensure that it places protective coverings under all equipment and areas of heavy foot traffic. Lessee will immediately notify CREATE of any damages caused to the property (or any equipment or other materials on the property). CREATE will not be responsible for loss, damage or theft of any property of the lessee or any of its representatives (unless such loss, damage or theft arises from CREATE's gross negligence or willful misconduct).
Lessee shall not have the right to alter the property (or any equipment or materials on the property) in any manner without CREATE's prior written consent in each instance.
CREATE does not allow projects on its premises that can be deemed pornographic. Any projects involving nudity require written permission from CREATE prior to the day of the rental.
Smoking is not permitted anywhere on the property.
Lessee agrees to keep the property clean. Lessee agrees to pay costs for extra cleaning and storage that may be required due to Lessee's failure to keep the property clean. The minimum charge for cleaning will be $150.
Cancellation (or postponement) notices must be received no less than two (2) business days prior to the reservation date. Business days are based on a 5-day workweek, monday through Friday, 8:00 AM to 6:00 PM. Cancellations received less than two (2) business days prior to the reservation date will incur a fee equal to 50% of the quoted fees. 100% of the quoted fees will be due for any cancellations received less than one (1) business day prior to the reservation date and time. Once a booking has been confirmed and paid, no refunds will be issued. For extended bookings five (5) days or longer, notice equal to the number of rental days is required. Failure to comply will result in full payment due, unless the property can be rebooked.
Deposit & Rental Fees
A deposit equal to 50% of the rental fee is due upon confirming the studio. Full payment will be due upon occupying the studio. Any additional charges will be due upon the submission of the invoice at the end of the day. Client agrees to pay any cleaning fees deemed necessary beyond normal use. Client agrees to pay all charges for damage to furnishing or equipment. Client agrees to pay all reasonable attorney's fees and costs which may be incurred in connection with the collection of any unpaid accounts.
Limitation on Liability; Disclaimer of Warranties
In no even shall CREATE (or any of its contractors) be liable to lessee (or any third party) under any subject matter of this agreement, under any legal or equitable theory, for any:
- special, incidental or consequential damages, even if foreseeable,
- the cost of any procurement of substitute facilities,
- any amounts in excess of the rental fees paid hereunder, or
- any matters beyond CREATE's reasonable control; provided that, the respect to bodily injury, or to the extent such limitations are prohibited by applicable law.
The property, and all equipment and other materials on the property, and services, provided hereunder are provided "as is" and CREATE makes no warranties, express or implied, with respect to the subject matter of the agreement.
This represents the entire agreement between the parties and no other agreements, understandings or representations, whether written or oral have been made or relied upon by either party. No modifications or changes can be made unless CREATE agrees to such in writing.