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Terms of Use Agreement

Waveform Austin Terms of Use and Subsequent Agreements

Notice:  By agreeing to this online terms of use, you as the booking customer agree that you will sign the following agreements upon entry of Waveform Austin facilities.  The agreements are for you to read below so that you won’t be surprised when you are asked to sign a document when you arrive…every booking customer is required to sign both the Studio Rental Agreement and Terms of Use Agreement before the session begins and every person having their photo taken in the photo studio is required to sign the Model Hold Harmless Agreement before the session begins.

People have a lot of fun at Waveform and we care about the energy level and creativity that goes on in our facility, but there are a few rules and legal stuff we have to follow in order to provide you with a great product at a low cost.  Most people will have no issue with any of this and it all makes complete sense, but if you don’t agree with the following Agreements, please call us ahead of time to avoid us having to deny service to you in front of your band or model or client.  Nobody wants that!

In summary, the agreement contents fall into five categories/rules:

1.  The booking customer is responsible in every way for what happens during the session without regard to who in the booking customer’s party did something wrong, damaged something, or whatever…the booking customer is responsible and will be charged for the damage.  Please have your drummer be careful not to arrange the kit so it is scratched or otherwise damaged.  Also, be aware and prep your model that he/she will have to sign a Hold Harmless Agreement with Waveform prior to the session beginning.

2.  The time you book is the time you book.  This includes set up, tear down, and whatever it takes to return the studio to its original, organized, and clean condition.  Please prepare to stop your session and pack up early enough for you to exit the studio at the end of your booked time.

3.  Please respect our staff, signage, and other customers at all times.  We respect the craft and you as a customer and work very hard to give you our best.  We expect a minimum amount of respect in return.

4.  For photographers, we give you 4ft of seamless to dirty up if you are walking on it, no worries 🙂  But it is not free and the rates we charge do not cover more than that, so we sell it to you for less than we pay for it if you need it 🙂

5.  Cancellation Policy.  We have to be strict about our policy and if we did not, we would simply go out of business.  Please understand and know for sure you are committed to your reservation before you make it.  For hourly sessions in the evenings or on weekends, you can cancel your reservation and receive a full refund if you contact us or cancel it through the online scheduler before 24 hours from your scheduled start time.

If you have booked a weekday daytime photo/video shoot, we have committed resources to your specific shoot and do not provide any refund if you cannot make your appointment unless you notify us of the cancellation 7 days in advance of your scheduled appointment.

*Consecutive cancellations (twice or more in a row) will not be refunded or credited.

Those are about it…now it is time to have fun, make some good music, and/or take some good photos!

Below are the actual documents you (and any people being photographed) will be required to sign before your session starts.  Any questions or concerns, just give us a ring!  Thank you so much!!

 

Studio Rental Agreement

As a condition of the above named RENTER renting studio facilities and equipment of Waveform Rehearsals, 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 (Waveform Rehearsals, owner, staff, or representative, collectively, the “Releasing Parties”), does hereby agree:

(a) to waive all claims that the Renter may have in the future against Waveform Rehearsals, its employees, directors, officers, insurers, agents, successors, and assigns of Waveform Rehearsals 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 premise of the business;

(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 Waveform Rehearsals owners and/or staff;

(c) to be liable for and to hold harmless and indemnify Waveform Rehearsals, its ownership, and staff from all actions, proceedings, claims, damages, costs, demands, including hospital costs, court costs, arbitration or legal fees, and liabilities of whatsoever nature or kind arising out of or in any way connected with the rental or any behavior exhibited during the rented session at Waveform Rehearsals facilities.

Renter agrees to hold Waveform Rehearsals, its agents or owners, representatives, and anyone acting on behalf of Waveform Rehearsals 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 Waveform Rehearsals, its owners, and its staff 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 Waveform Rehearsals property or general area of Waveform Rehearsals’ facilities (including parking lots).

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. Waveform Rehearsals (and ownership) 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, BAND MEMBERS, INVITED MUSICIANS, OR FRIENDS). The Renter freely accepts these risks and agrees to the terms of the Release, even if Waveform Rehearsals 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 Waveform Rehearsals 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 Waveform Rehearsals to the Renter.

Use of Waveform Rehearsals’ studio 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 Agreement

The Renter (as the customer of Waveform Rehearsals) 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 Waveform Rehearsals. You also agree that your credit card 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 drum kits or photography lights or other equipment will result in a minimum damage fee of $50. Please make sure to advise your drummer to be careful. For those persons associated with renting the photography studio, including the booking customer and/or anyone with the booking customer’s party, dirty/damage more than the allotted 4ft. of seamless paper, the booking customer may be billed $1.25 per linear foot if deemed as an appropriate charge by Waveform Rehearsals staff and/or management.

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. Waveform Rehearsals 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. If a customer continues to stay past closing hours, a fee of $20 per each 15 minute period beyond closing time will be imposed on the booking customer’s card. In each studio, there is a blue flashing light that will signal when 15 minutes is left in the session to tastefully indicate a good time to end the session and return the studio to its original condition.
  1. At no time are customers to engage in any kind of unlawful activities while on the premises of Waveform Rehearsals.
  1. All customers and related parties must read and take notice of on-site signage, staff instructions, and be kind to all other customers.
  1. Any damage incurred to the property of Waveform Rehearsals 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, 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.
  1. Cancellations and/or changes to your reservation made with less than 24 hours’ notice will be charged in full.  *Consecutive cancellations (twice or more in a row) will not be refunded or credited.
  1. Please leave the studio as you found it…if cleaning/re-organizing/tuning/adjusting is necessary to return the studio to its original state, you may be charged a $20 cleaning fee. Smoking is not permitted inside the facility. However, customers may step outside at any time.
  1. The equipment provided in each studio is printed out on a laminated form in each studio. All of the equipment provided and 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 prior to consuming services at Waveform Rehearsals. It is the customer’s responsibility to notify Waveform Rehearsals of any missing inventory/equipment before the session starts otherwise the customer is held liable for any missing equipment/inventory at session end.
  1. Please also note that Waveform’s studios are private spaces; however, there are security systems in place that include cameras. These cameras do not capture the insides of studio areas. Additionally, camera contents are never broadcast, shared, or used in any other way than to provide risk management for Waveform assets, employees, and customers. Your privacy is just as important to us as your safety and Waveform Rehearsals agrees to this promise of privacy. You and any associates that are with you as the “booking party” are hereby notified of these security systems. Tampering or in any way manipulating security system equipment may result in criminal charges.
  1. FORCE MAJEURE: Neither party shall be liable to the other party for failure or delay to meet any obligation under the terms or conditions of this Agreement when such a claim is attributable to causes by greater force, clearly beyond that party’s control and not a consequence of that party’s fault or negligence, or when the reason for said claim could be avoided by the exercise of due care by that party.
  1. If a representative or group should violate any items of this agreement, Waveform Rehearsals staff will have the right to terminate their occupancy immediately as well as deny them services in the future.
  1. Waveform Rehearsals staff shall have the right to inspect the equipment and/or studio at any time during the rental term. You shall make any and all arrangements necessary to permit an employee of Waveform Rehearsals access to the equipment and/or studio. If a breach of any of the provisions of the Rental Contract occurs, Waveform Rehearsals has the right to revoke your access to the equipment and/or studio without any liability to you, and without prejudice to Waveform Rehearsals.

 

Model Hold Harmless Agreement

The Model, noted with printed name above, being photographed at Waveform Rehearsals agrees to release and hold harmless Waveform Rehearsals and their officers, employees, agents, and/or representatives from any and all direct, indirect, special, or consequential damages or costs, legal or otherwise, which the model may incur as a result of being photographed or otherwise on the property of Waveform Rehearsals. In submitting this release, the model acknowledges and represents that the model has read the foregoing and understands it; no representations apart from the foregoing written agreement have been made; and model executes this release/agreement for adequate consideration fully intending to be bound by the same.

The Model acknowledges that Waveform Rehearsals is a rental studio and provides the facility and lighting equipment for other photographers that are not associated with Waveform Rehearsals other than the potential of being a customer bound by a Rental Agreement and Terms of Use Agreement. The use of Waveform Rehearsals studio is at the “risk” of the Model and any conduct taking place inside the photography studio is not under the supervision of Waveform Rehearsals ownership, staff, or representatives. The Model hereby agrees that Waveform Rehearsals, its owner, staff, or representatives bear no responsibility, knowledge, or any association whatsoever with actions taken or behavior exhibited in the photography studio by any party. Additionally, the Model agrees to hold Waveform Rehearsals, its owner and staff, harmless and indemnify against any injury claim or responsibility for any personal injury on the premises of Waveform Rehearsals. All equipment, furniture, studio facilities (including any ladders or hot lights) is used at the Model’s own risk and not any responsibility of Waveform Rehearsals ownership or staff.

The Model further agrees to never prosecute or in any way aid in the prosecuting of any demand, claim or suit against Waveform Rehearsals, and any officer, agent, or employee acting officially or otherwise, for any loss, damage, or injury to model or property that may occur as a result of renting Waveform Rehearsals. The Model understands and agrees to be held liable for any damage or loss to Waveform Rehearsals that is caused by the model’s own negligence, misconduct, or fraud.

All product/records/film/digital photos taken by a photographer at Waveform Rehearsals are the property of the booking customer and/or model and in no way are under the control or supervision of Waveform Rehearsals. As such, Model agrees that Waveform Rehearsals will not be held liable for anything relating to recorded images of any type, including but not limited to copyright and or registered material or unauthorized distribution.

WAIVER OF JURY TRIAL

THE MODEL HERETO, TO THE EXTENT PERMITTED BY LAW, WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF, IN CONNECTION WITH OR RELATING TO, THIS AGREEMENT, THE TIME SPENT ON WAVEFORM REHEARSALS PROPERTY OR ANY OTHER TRANSACTION CONTEMPLATED HEREBY AND THEREBY. THIS WAIVER APPLIES TO ANY ACTION, SUIT OR PROCEEDING WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE WHERE A COMPLAINT IS FILED AGAINST WAVEFORM REHEARSALS, ITS OWNER, STAFF, OR REPRESENTATIVES ACTING ON ITS BEHALF.

Execution of this Agreement by the Model (as signed below) constitutes a full, complete and irrevocable release of any and all claims which the Model may have at law or in equity in respect of all prior discussions and understandings, oral or written, relating to the subject matter of this Agreement. In no event shall any indemnity be liable on any theory of liability for any special, indirect, consequential or punitive damages (including any injury, business or anticipated revenue). The Model signatory hereto hereby waives, releases and agrees not to sue upon any such claim for any special, indirect, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in its favor.

Notice: Waveform’s studios are private spaces; however, there are security systems in place that include cameras. These cameras do not capture the insides of studio areas. Additionally, camera contents are never broadcast, shared, or used in any other way than to provide risk management for Waveform assets, employees, and customers. Your privacy is just as important to us as your safety and Waveform Rehearsals agrees to this promise of privacy. You and any associates that are with you as the “booking party” are hereby notified of these security systems. Tampering or in any way manipulating security system equipment is prohibited and may result in criminal charges.

Absolutely no illegal photography/videography is permitted by the agreement and shall not take place in Waveform Rehearsals property.

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