Terms and Conditions

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RESTRICTIONS

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• Prohibited Attachments: 

  • ​Nails

  • Tacks

  • Tape

  • Anything to hang items on walls.

• Children: 

  • ​Children must be supervised at all times.

• Prohibited Decorations:

  • Confetti

  • Glitter

  • Sparkles

  • (Lit) Candles

  • Florals that may cause stains.

  • Moss

• Fireworks: 

  • ​Fireworks (including sparklers) are prohibited.

• Smoking: 

  • ​Smoking and vaping is prohibited anywhere on the property.

  • Smoke machines are not permitted for use.

• No-Pet Policy:

  • We enforce a strict no-pet policy on our premises.

  • The studio reserves the right to terminate any session immediately without a refund if the no-pet policy is violated.

  • Additionally, a non-refundable $250 fee will be applied.

• Food & Drinks:

  • Food and drinks are only permitted if your event requires such use. (Contact us for permission prior to event).

  • Alcoholic drinks require liquor license.

• Footwear:

  • Be aware of shoe condition when entering studio. Muddy or destructive shoes are prohibited.

  • Please help us protect these 100 year old floors.

• Studio Furniture:

  • Users should not move or alter studio furniture/equipment without written permission to do so.

• Clean-Up:

  • ​Users are responsible for cleaning up the studio space after their session.

  • This includes disposing of any trash.

• Kitchen:​​

  • Do not set hot pots and pans, etc. on the countertops. (This will damage them resulting in fees).

  • Do not sit on countertops or appliances. (This could damage them resulting in fees).

• Props:

  • Small equipment and props are permitted for use in the studio, provided they are no larger than a standard carry-on suitcase and do not pose a risk of marking or damaging the studio floors.

  • Any damage resulting from props may incur associated damage fees. If you have any inquiries or concerns about the acceptability of specific props, please feel free to get in touch with us for clarification.

• Windows:​

  • Please refrain from opening or unlocking the windows, as they are of historic and fragile nature. You are, however, welcome to utilize the light filtering blinds as needed.

• Air Conditioning/ Heating:

  • The renter may adjust the air conditioning as necessary, do not set it below 68 degrees.​

  • The renter may adjust the heater as necessary, do not set it above 68 degrees.

  • Please be mindful of the doors when entering and exiting the studio. Keeping the doors closed will enhance operational efficiency.

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​FEES

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• Cleaning:

  • Minimum Cleaning Fee:

    • The Renter agrees to a minimum cleaning fee of $100 per hour. 

  • Applicability:

    • The Minimum Cleaning Fee applies if, upon the conclusion of the rental period, the Studio premises require cleaning beyond normal wear and tear as determined by the Studio Owner or their designated representative.

  • Assessment:

    • The determination of the cleaning fee, including the number of hours required for cleaning, shall be at the sole discretion of the Studio Owner or their designated representative.

  • Calculation:

    • The Minimum Cleaning Fee will be calculated based on the actual hours required for cleaning, rounded up to the nearest hour, at a rate of $100 per hour.

  • Payment:

    • The Renter agrees to pay the Minimum Cleaning Fee, as assessed by the Studio Owner, within [1] day of the conclusion of the rental period. Original booking payment may be charged.

  • Security Deposit:

    • The Studio Owner may withhold the Minimum Cleaning Fee from the Renter's security deposit if applicable, and any remaining security deposit funds shall be returned to the Renter in accordance with the terms of the rental agreement.

  • Responsibility:

    • The Renter is responsible for ensuring that the Studio premises are left in a clean and orderly condition at the end of the rental period. Failure to do so may result in the assessment of the Minimum Cleaning Fee. ​

    • It is the responsibility of the Renter to ensure that all members and participants adhere to the terms and conditions outlined in this Agreement and comply with local laws and regulations.

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• Damages:

  • Amount: 

    • ​The security deposit is set at $500.

  • Delivery: 

    • ​After making your reservation, an invoice for the stated security deposit amount will be sent to the email associated with the account you used for booking. To prevent any issues and potential reservation terminations resulting from unpaid security deposits, please ensure that the email provided during reservation is accurate and valid.

  • Damage Evaluation:

    • The Studio Owner or their designated representative shall assess any damage to the studio premises at the conclusion of the rental period.

  • Assessment of Fees:

    • In the event that damage is identified, the Renter shall be responsible for the cost of repair or replacement of the damaged items or property.

  • Fee Calculation:

    • The cost of repair or replacement shall be determined at the sole discretion of the Studio Owner or their designated representative and shall be based on the actual cost of materials, labor, or professional services required to restore the damaged items or property to their pre-rental condition.

  • Notice and Payment:

    • The Studio Owner shall notify the Renter in writing of any assessed damage fees within [3] days of the conclusion of the rental period. The Renter agrees to pay the assessed damage fees within [3] days of receiving such notice.

  • Security Deposit:

    • If a security deposit was collected from the Renter, the Studio Owner may withhold the assessed damage fees from the security deposit, and any remaining balance shall be returned to the Renter in accordance with the terms of the rental agreement.

  • Excess Fees:

    • In the event that the assessed damage fees exceed the amount of the security deposit, the Renter agrees to promptly pay the remaining balance upon receiving the damage assessment notice.

  • Documentation:

    • The Studio Owner may provide the Renter with photographic or written documentation detailing the damage and the associated repair or replacement costs as part of the assessment.

  • Joint Inspection:

    • Upon mutual agreement, the Studio Owner and Renter may conduct a joint inspection of the studio premises before and after the rental period to document any pre-existing or new damage.

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• Early and Late Fees:

  • Rental Duration:

    • The rental period for the photography studio ("The 1916") shall commence at the agreed-upon start and end time as specified in the reservation booking.

  • Arriving Early:

    • Renter or guests are NOT permitted to arrive early. Doing so may conflict prior renters with earlier appointments.

    • If the Renter or any persons associated with the Renter enters the studio prior to their reserved time, (the "Overtime Fee") shall be assessed.

    • If the Renter or any associated persons exceed the start time, an overtime fee, as detailed in the chart below, will be applied.

  • Overtime Fees:

    • ​The Renter agrees that the rental period will end at the agreed-upon time specified in the rental agreement. If the Renter or any associated persons exceed this end time, an overtime fee, as detailed in the chart below, will be applied.

  • Calculation and Payment:

    • The Overtime Fee shall be calculated based on the actual number of minutes exceeding the agreed-upon start and end time. The Renter agrees to pay the Overtime Fee within [7] days of receiving an invoice from the Studio Owner.

    • The renter incurs the overtime fee by entering the studio early or leaving the studio late. This is determined by the renter using the provided access code to unlock and lock the studio, which provides our staff with a timestamp.

    • The overtime fee is calculated based on the timestamp, rounded up to the nearest minute.

    • If a renter enters the studio early and leaves late, both an early overtime fee and a late overtime fee will be combined and assessed.

  • Security Deposit:

    • If a security deposit was collected from the Renter, the Studio Owner may withhold the Overtime Fee from the security deposit, and any remaining balance shall be returned to the Renter in accordance with the terms of the rental agreement.

  • Dispute Resolution:

    • In the event of a dispute regarding the calculation or assessment of Overtime Fees, the Renter and Studio Owner shall attempt to resolve the matter through good-faith negotiations. If a resolution cannot be reached, the dispute shall be subject to Texas' applicable laws and regulations.

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• Transaction Fees:

  • Transaction Fee Policy:​

    • ​A 3% transaction fee applies to all online transactions, including invoices. Customers will be responsible for this fee only in the event of reservation cancellation. The transaction fee will be deducted from the refunded amount, if applicable, in cases of canceled reservations.

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• Furniture Fees:

  • Sofa:​

    • ​The sofa and other large furniture must not be moved. Doing so will result in a $50 fee.

    • If damage occurs from moving the stated furniture, the $50 fee will be combined with a damage fee based on the extent of the damage.

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• Studio Key:​

  • Lost Key:​

    • A physical key for the front door will be provided as a backup access option in case the front keypad access becomes unavailable. The renter is solely responsible for the possession and safekeeping of this key during their reservation. Under no circumstances should the renter provide this key to any guests.

    • In the event that the key is lost or damaged, a replacement fee of $50 will be invoiced to the renter following the completion of their reservation. It is the renter's responsibility to ensure the prompt return of the key at the end of their reservation to avoid any replacement fees.

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• Failure to Secure Studio:

  • ​The renter is solely responsible for ensuring all doors are secure and locked; failure to do so will result in additional fees.

    • ​If the front or back doors are left unlocked, a $20 fee will be assessed.

    • If the front or back doors are left ajar or open, a $50 fee will be assessed.

    • Windows should not be used. If windows are used or left unlocked, a $50 fee will be assessed.

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​CANCELLATIONS

• Cancellations:

  • Studio Rights:

    • ​Our studio reserves the right to cancel any event or photoshoot at our discretion, at any time, whether before, during, or after the event. Refunds for cancellations will also be at our discretion.

  • Weather/ Acts of God:

    • In the event of rain occurring the day before or during the scheduled event, the event will be cancelled. We will reach out to the renter to facilitate rescheduling.

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(Photoshoots only)

• Photoshoot Cancellation Policy:

  • Cancellations:

    • We do not accept cancellations for photoshoots. (All sales are final/ no refunds will be given).

  •  ​Rescheduling: ​​

    • You may reschedule your photoshoot booking 24 hours before the reserved start date and time, at no additional cost.

    • You may modify your reservation from the original conformation email or through your account, under the "My Bookings" tab.

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(Events only)

• Event Cancellation Policy:

  • Cancellations: You may modify your reservation from the original conformation email or through your account, under the "My Bookings" tab.

    • You may cancel your event booking as follows:​

    • Prior to 120 days - full refund (excluding transaction fees)

    • 61-120 days before start of event - 50% refund (contact us)

    • 0-60 days before start of event - no refund

    • Security deposits will be refunded for the above cancellation types

  • Rescheduling:​​​

    • ​You may reschedule your event booking 24 hours before the reserved start date and time, at no additional cost.

    • Please note that security deposits will not be refunded for rescheduled reservations until after the reservation has been completed and assessed for refund eligibility.

  • Failure to Provide Certificate:

    • Failure to provide evidence of insurance to Company, 14 days prior to the reserved time, may cause immediate cancellation of Renter’s reservation. Cancellations resulting from failure of Renter to provide Company with a proper and timely certificate of liability insurance will result in forfeiture of Renter’s security/damage deposit; however, Company shall refund the amount paid to reserve the Studio (minus the forfeited security/damage deposit) within 30 days of such cancellation.

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​GENERAL TERMS & CONDITIONS

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• Copyright and Usage Rights: ​

  • ​Client Responsibilities:

    • You, as the client, are responsible for ensuring that all individuals present during the photography session(s) consent to the capture and use of Media as described in this clause. It is your responsibility to inform and obtain consent from any individuals who may appear in the Media.

  • Promotional Use:

    • The Company is permitted to use select photographs for promotional purposes, including but not limited to:

    • a) Website:

      • Displaying images on the Company's website to showcase our studio and services to potential clients

    • b) Social Media:

      • Sharing images on social media platforms associated with the Company's online presence.

    • c) Marketing Materials:

      • Using images in printed or digital marketing materials, such as brochures, flyers, or advertisements.

  • Privacy:

    • Our Company is committed to respecting your privacy and that of your clients. If there are specific images you do not wish to be used for promotional purposes, please notify us in writing before or during your session(s).

  • Consent for Photography Sessions:

    • By booking and utilizing our photography studio, you grant "The 1916" permission to capture and use photographs, videos, or any other visual media (hereinafter referred to as "Media") during your photography session(s) within our studio premises. This consent includes, but is not limited to, the use of Media for promotional and marketing purposes, both online and offline.​

  • Consent for Promotional Use:

    • While the Company will make its best effort to seek consent from the Photographer for the use of specific photographs, it is at the Company's discretion to determine whether to request such consent. Photographer consent is not mandatory for the Company to use select photos for promotional purposes.

  • Addressing Copyright Concerns:

    • In the event the Photographer believes that the Company has violated their copyrights or has concerns about the use of specific images, the Photographer is encouraged to contact the Company to discuss the matter. The Company is committed to addressing copyright concerns in a fair and professional manner.

  • Indemnification:

    • The Photographer, herein referred to as the "Indemnifying Party," agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, and representatives, herein referred to as the "Indemnified Parties," from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or resulting from any actual or alleged copyright infringement or violation of intellectual property rights related to photographs taken by the Photographer during the photography session.

  • Client's Rights:

    • The Client(s) participating in the photography session are entitled to privacy and have the right to specify any limitations or restrictions on the use of their images for promotional purposes. Any such requests must be communicated to both the Photographer and the Company in writing prior to the session.

    • Personal Use License:

      • The Client(s) are granted a personal, non-exclusive, and non-transferable license to use the images for personal purposes, including printing, sharing with friends and family, and personal social media profiles, provided such use does not violate any applicable laws or regulations.

    • Commercial Use:

      • Any commercial use of the images, including but not limited to resale, publication, or use for promotional purposes by the Client(s), is strictly prohibited without the explicit written consent of both the Photographer and the Company.

    • ​By participating in a photography session at our studio, all parties involved acknowledge and agree to the terms outlined in this Copyright Clause. If you have any questions or concerns regarding these terms, please contact us before the session.

    • We value the creative work of photographers and are committed to respecting their rights while providing a welcoming and professional studio environment for all clients.

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• Disclosure of Exterior Security Cameras:

  • For the safety and protection of all renters and the Studio premises, please be advised that the exterior of the Studio is equipped with security cameras. These cameras are in operation 24/7 and are positioned to monitor and record activities in the immediate vicinity of the Studio.

  • The primary purposes of these security cameras are:

    • Security: To deter and document unauthorized access, vandalism, or criminal activity in and around the Studio.

    • Safety: To ensure the safety and well-being of renters and their clients during their time at the Studio.

  • Security Camera Locations: Please be aware that we have security cameras installed at the following locations for the safety and security of our premises - front porch, front keypad, and back porch. These cameras are used solely for security purposes and are in compliance with applicable privacy laws.

  • By entering and using the Studio premises, you acknowledge and consent to the use of these security cameras. Please note that these cameras are intended for security and safety purposes only and are not used to infringe upon the privacy of individuals within the Studio.

  • If you have any concerns or questions regarding the use of security cameras, please feel free to contact us. We are committed to maintaining a secure and comfortable environment for all renters.

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• Outside Contractors:

  • If outside contractors (e.g., makeup artists, hair stylists) will be present, ensure they are aware of and comply with studio guidelines.

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• ​Booking and Payment Rules:

  • All studio sessions must be booked in advance.

  • Payment should be made before the session or as per the agreed-upon terms.

  • Cancellation and refund policies should be clearly communicated to clients.

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• Studio Access Rules:

  • Clients should have access only during their booked time slots.

  • Photoshoots should not exceed [8] or more persons on the premises. Exceeded persons may incur additional fees.

  • Events should not exceed [40] or more persons on the premises. Exceeded persons may incur additional fees.

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• Equipment Usage:

  • Use studio equipment responsibly and report any damage promptly.

  • Return all equipment to its proper place after use.

  • Don't move or modify studio equipment without permission.

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• No Hazardous Materials:

  • Users should not bring hazardous materials, such as flammable substances, on the premises. 

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• Cleanliness and Maintenance:

  • Keep the studio clean and organized. Clients should leave it as they found it.​

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• Noise Control:

  • Maintain a quiet and professional atmosphere in the studio, but most importantly have a great time!

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• ​Time Management:

  • Start and end sessions on time to accommodate other bookings.

  • Avoid overextending your booked time slot without prior arrangements.

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• Access to Restricted Areas:

  • Limiting access to certain areas within the studio for authorized personnel only.

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• Maximum Occupancy:

  • Do not exceed your reservation occupancy. Additional persons over your reservation may incur additional fees and immediate termination of studio use.

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• Lost or Stolen Items:

  • ​The Studio is not responsible for any personal belongings, equipment, or props left in the studio. We recommend keeping your valuables secure.

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• Liability:

  • The Studio is not responsible for any injuries, accidents, or harm that occur during your use of the studio premises. By using the studio, you agree to hold the Studio harmless from any claims or liabilities.

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• Indemnification:

  • You agree to indemnify and hold the Studio, its employees, and representatives harmless from any claims, losses, or damages arising from your use of the studio premises.

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• Alcohol and Drugs:

  • The consumption of alcohol or illegal substances in our studio is strictly prohibited.

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• Livestock:

  • ​We have livestock on the farm, and we kindly ask that you treat the animals with respect and exercise caution when in their vicinity. Please be aware that we are not liable for any injuries or incidents that may occur during your interaction with the animals.

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• Modification:

  • ​The Studio reserves the right to modify these terms and conditions at any time. We recommend reviewing all terms and conditions before every reservation.

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• Prohibition of Explicit Sexual Activity:

  • Explicit sexual activity, including but not limited to nudity, sexually suggestive or explicit content, and any related conduct, is strictly prohibited within the Studio premises. The Company maintains a professional and respectful environment for all renters and their clients, and any violation of this prohibition will not be tolerated.

  • Renters and their clients are expected to adhere to all applicable laws and regulations governing public decency and morality. Any violation of this prohibition may result in immediate termination of the rental agreement without refund, and the involved parties may be subject to legal action as dictated by local laws.

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• Uncontrollable Events:

  • ​The Company shall not be held responsible for any failure or delay in the performance of its obligations under any agreement or contract if such failure or delay is caused by circumstances beyond the reasonable control of the Company, including but not limited to:

    • An act of war, hostility, or sabotage.

    • An act of God, including but not limited to natural disasters (such as earthquakes, hurricanes, floods, fires, and storms).

    • Electrical, internet, or telecommunication outage that is not caused by the Company.

    • Government restrictions, orders, or regulations.

    • Any other event or circumstance that is outside the reasonable control of the Company.

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• Immediate Studio Inspection:

  • Upon entering the Studio, the Renter acknowledges and agrees to conduct an immediate inspection of the Studio and all furnishings and equipment located therein. This inspection is intended to assess the condition and functionality of the Studio and its contents at the beginning of the rental period.

  • The Renter should pay particular attention to:

    • The overall condition of the Studio space, including walls, floors, and ceilings.

    • The condition and cleanliness of furnishings and decor.

    • The functionality and condition of equipment provided by the Company.

  • Reporting:

    • If the Renter discovers any damage, defects, or issues during this inspection, it is the Renter's responsibility to promptly report these findings to the Company before commencing any activities in the Studio.

    • Failure to report such issues may result in the presumption that the Studio and its contents were in satisfactory condition at the time of entry and Renter accepts liable damage fees.

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• Breach of Terms and Conditions:

  • The Studio reserves the right to take appropriate actions in the event of a breach of these terms and conditions by a Renter or any individual associated with the Renter. Such breaches may include, but are not limited to, violations of studio rules, damage to studio property, non-payment, or failure to adhere to booking and scheduling requirements.

  • Enforcement Options:

    • ​The Studio may, at its sole discretion, take one or more of the following actions in response to a breach:

  • a) Warning:

    • The Studio may issue a warning or reminder to the Renter for minor infractions or first-time offenses.

  • b) Financial Penalties:

    • The Studio may assess financial penalties, including but not limited to damage fees, cleaning fees, and unpaid balances, against the Renter.

  • c) Suspension:

    • The Studio may suspend the Renter's access to studio facilities or services for a specified period if deemed necessary.

  • d) Termination:

    • The Studio may terminate the Renter's rental agreement immediately in the case of serious or repeated violations of these terms and conditions.

  • e) Legal Action:

    • The Studio may pursue legal action to recover damages or losses resulting from a breach.

  • Indemnification:

    • The Renter agrees to indemnify and hold the Studio harmless from any claims, liabilities, losses, damages, costs, or expenses arising from their breach of these terms and conditions.

  • Governing Law:

    • ​This enforcement clause shall be governed by and construed in accordance with the laws of Texas.

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ACCESSIBILITY ASSISTANCE

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• Accessibility Assistance (ADA):

  • ​If you or any attendees require ADA (Americans with Disabilities Act) assistance, we kindly request that you contact us prior to making your reservation. This advance notice allows us to make the necessary arrangements to ensure a comfortable and accessible experience for all participants. We are committed to providing appropriate accommodations to support individuals with disabilities and appreciate your cooperation in making your needs known in advance.

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ALCOHOL​

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• Host Liquor Liability:

  • If alcohol will be served at the Event, the Renter's insurance policy must specifically include a minimum coverage of $1,000,000 for Host Liquor Liability in addition to the coverage mentioned in Section 2.

• ​Last Call:

  • If alcohol will be served at your event, it is a requirement that 'last call' for alcohol must be no later than 8:00 PM. This policy is non-negotiable and essential to ensure the responsible and safe consumption of alcoholic beverages during your event.

• Restrictions: 

  • Please note that alcoholic drinks and beverages are strictly prohibited within the studio/house premises.

  • The consumption of alcohol or illegal substances in our studio is strictly prohibited.

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INSURANCE

(Events only)

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• Photoshoot Events:​​​​

  • An event-photoshoot booking is defined as a group of individuals exceeding nine, gathered exclusively for the purpose of a photoshoot.

  • For instance, this could include scenarios such as a group of photographers organizing a content day with models. (If you are unsure which event type your event falls under, please contact us prior to booking).

  • For event-photoshoot bookings, insurance is not obligatory, but other terms and conditions outlined in our agreement still apply.

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• Events:

  • For events such as parties, weddings, and similar gatherings, it is a requirement to provide event insurance. This insurance serves to safeguard all parties involved in the event.

  • Please be advised that the absence of event insurance for applicable events may impact the confirmation and execution of the reservation. It is the responsibility of the party booking the event to secure the necessary insurance coverage.

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• Certificate of Liability Insurance:

  • Valid Insurance: ​

    • ​If the Renter has selected an event booking at "The 1916", the Renter is required to provide a valid Certificate of Liability Insurance to the Company no later than 14 days prior to the scheduled use of the Studio.

  • ​Coverage Requirements:

    • The Certificate of Liability Insurance must demonstrate coverage of at least $1,000,000 per occurrence, and $2,000,000 aggregate for Bodily Injury and Property Damage.

  • Host Liquor Liability:

    • If alcohol will be served at the Event, the Renter's insurance policy must specifically include a minimum coverage of $1,000,000 for Host Liquor Liability in addition to the coverage mentioned in Section 2.

  • Additional Insured Requirement:

    • "The 1916"  (hereinafter referred to as the "Company") must be named as an additional insured on the Renter's insurance policy. This naming of the Company as an additional insured is required for any claim or claims resulting from or arising out of the use of the Studio by the Group or the Event.

  • Certificate Submission:

    • The Renter agrees to submit the Certificate of Liability Insurance, including evidence of the required coverage and the Company's naming as an additional insured, to the Company no later than 14 days prior to the scheduled use of the Property.

  • Failure to Provide Certificate:

    • Failure to provide the required Certificate of Liability Insurance in accordance with this clause may result in the cancellation or postponement of the Event without liability to the Company, and the Renter may forfeit any payments or deposits made for the booking.

  • Validity of Insurance:

    • The Renter is responsible for ensuring that the insurance coverage remains valid and in force for the entire duration of the Event.

  • Indemnification:

    • The Renter agrees to indemnify and hold the Company harmless from any claims, liabilities, losses, damages, costs, or expenses arising out of or related to the Event, including any claims covered by the insurance policy.