Terms and Conditions
Inspired Ink, doing business as Dream Co DTLA, a California S corporation herein referred to as (the "Company"), agrees to lease the use of the studio located at 650 Moulton Ave, Los Angeles, California 90031 to Renter herein referred to as (“the Client”) upon the terms and conditions set forth in this Studio Rental Agreement ("Agreement"). In consideration of the mutual agreements hereinafter set forth and the payment of rent as herein provided for, the parties agree as follows:
Acceptance of Terms
By accessing and using our services and checking the Terms and Conditions box, you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our services.
Use of Space
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The rented space must be used in a manner that is respectful of the property, other clients, and in compliance with local laws and regulations.
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Clients are responsible for leaving the space in the condition it was found. Any damages or excessive cleaning required will be charged to the client.
INDEMNIFICATION. The Client agrees to indemnify and hold the Company, its Affiliates, its members, managers, employees, agents, licensees, invitees, clients, contractors and any mortgagee of the premises harmless from and against any and all liabilities, losses, claims, counterclaims, damages, disputes, offsets, or expenses, including attorneys’ fees, that arise out of or in connection with the Client's use of the Studio. “Affiliates” shall mean Inspired Ink doing business as Dream Co DTLA, Life is Art, Lumuna, Maiara Walsh, Sienna Benton, Florence MacDonald, (collectively the “Dream Co Parties”) and any entity, individual, firm, corporation, limited liability company, partnership, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control by or with the Dream Co DTLA Parties. Notwithstanding the foregoing, the Company shall have the right to defend and settle any claims against the Company or the Studio with counsel of its own choosing, and the Client shall reimburse the Company for any costs and expenses, including attorneys' fees and/or judgment or settlement amounts, incurred by the Company in connection therewith. The Client agrees that this indemnification shall survive the expiration of this Agreement.
USE. The Client will return the Studio to the Company in the same condition as that which the Client was given use of the Studio upon arrival on the Booked Date. If the Client does not return the Studio to such condition, the Client may be billed for the amount associated with the necessary repairs or the amount necessary to return the Studio to the same condition as that which the Client was given use of the Studio (the “Restoration”). If Restoration is required, the Security Deposit shall be applied to any such charges and the surplus, if any, shall be either (i) charged to the Credit Card provided by client per paragraph 2 of this Agreement or (ii) invoiced to Client and payable on receipt. The Client shall remove all items brought into the Studio by the Client prior to the end of the Client's use of the Studio. Any items remaining in the Studio seven (7) days after the Booked Date shall be deemed abandoned, and may be discarded or retained by the Company, at the Company's sole discretion, with no compensation due to the Client. The Client agrees that it shall be solely responsible for any damage to the Studio as a result of (x) the acts or omissions, negligence or misuse by the Client or its agents, representatives, contractors, licensees, invitees, clients or affiliates, and (ii) any missing items from the Studio upon the Client's vacating of the Studio, and that the Company may bill the Client for the necessary costs and fees to compensate the Company for such damages or losses, subject to the same payment mechanisms as for any Restoration, i.e., either charged to the Credit Card or payable upon receipt of any such invoice from Company. The Client further agrees that it shall be solely responsible for the conduct and welfare of any and all persons accompanying the Client during the Client's use of the Studio on the Booked Date, and that the Company shall not be held liable for any damages, injuries or losses incurred or sustained whatsoever by the Company, its agents, representatives, contractors, licensees, invitees, clients or affiliates during the Client's use of the Studio on the Booked Date. CLIENT AGREES AND ACKNOWLEDGES THAT THE STUDIO IS PART OF A LARGER COMPLEX AND CLIENT’S USE OF THE STUDIO IS LIMITED TO THE STUDIO ONLY, AND THE COMMON AREAS INSIDE OF THE STUDIO AND IMMEDIATELY ADJACENT THERETO. UNDER NO CIRCUMSTANCES MAY CLIENT OR CLIENT’S AGENTS, PARTNERS, CLIENTS AND VENDORS ENTER ANY OTHER AREA OF THE COMPANY’S SPACE. CLIENT EXPRESSLY AGREES AND ACKNOWLEDGES THAT DUE TO THE COMPANY’S OTHER BUSINESS ACTIVITIES WITHIN THE COMPLEX, COMPLETE SILENCE CANNOT BE GUARANTEED. CLIENT AGREES AND ACKNOWLEDGES THAT THE STUDIO IS WITHIN A COMPLEX CALLED “THE BREWERY” AND THAT ABSOLUTELY NO PORTION OF THE OUTSIDE OF THE BREWERY COMPLEX MAY BE USED FOR PHOTOGRAPHY OR VIDEOGRAPHY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY PORTION OF THE WALLS AS BACKDROPS FOR PHOTOS OR VIDEO.
8. MISCELLANEOUS. This Agreement, sets forth the entire understanding of the parties relating to its subject matter and supersedes any other agreement, whether written or oral, between the parties relating to its subject matter. This Agreement may not be amended except in a writing executed by both parties. The Client may not assign this Agreement without the prior written consent of the Company. Company may assign any or all of its rights or obligations in its sole discretion. All communications under this Agreement will be in writing and will be delivered in person or by mail courier, return receipt requested, to the address set forth in the opening paragraph of this Agreement. If any provision of this Agreement is found to be invalid, the invalidity of such provision will not affect any of the remaining provisions, and this Agreement will be construed as if the illegal provision is not contained in the Agreement. No failure or delay on the part of any party in exercising any right under this Agreement will operate as a waiver of that right, nor will any single or partial exercise of any right preclude any further exercise of that right. This Agreement will inure to the benefit of and will be binding upon the parties and their permitted successors and assigns. This Agreement will not be deemed to be for the benefit of any third party. The Agreement will be deemed to be a contract made under the laws of the State of California, and will be construed in accordance with the laws of the State of California without regard to its conflicts of law principles. If any court holds that a party has breached this Agreement, then the non-defaulting parties will be entitled to recover expenses incurred in enforcing the provisions of this Agreement, including reasonable attorneys’ fees and costs. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and such counterparts shall together constitute one and the same instrument. The signatures to this Agreement may be evidenced by facsimile copies, PDF copies or other electronic copies reflecting the party’s signature, and any such copy shall be sufficient to evidence the signature of such party as if it were an original signature.
Booking and Cancellation
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Bookings must be made in advance and are subject to availability.
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Cancellations must be made within 72 hours prior to the booking date for a full or partial refund, as detailed in our cancellation policy.
Prohibited Activities
The following activities are strictly prohibited on the premises without express permission:
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Illegal activities of any kind.
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Activities that could cause damage to the property or injury to individuals.
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Use of hazardous materials.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Los Angeles Superior Court, without giving effect to any principles of conflicts of law.
Amendments
The Company reserves the right to amend these Terms at any time. Your continued use of our services following any changes signifies your acceptance of those changes.
Contact Us
For any questions or concerns regarding these Terms, please contact us at dreamco.dtla@gmail.com
EXHIBIT A
Studio Equipment Rental Agreement
This Studio Equipment Rental Agreement is entered into by and between “Client” and Inspired Ink dba Dream Co DTLA (“Dream Co DTLA”) entered into the day and date hereinafter set forth, with regards to the studio equipment identified on Schedule 1 attached hereto and incorporated herein by reference (the “Equipment”).
1. Term of Agreement. The parties do herein bind themselves to the terms of this Agreement in regard to all Equipment rented by Client from Sunbeam from the date of this Agreement until terminated, modified or replaced.
2. Price. Unless otherwise agreed to in writing by an authorized agent of Inspired Ink dba Dream Co DTLA, the price listed in the Inspired Ink dba Dream Co DTLA Studios, LLC Studio Rental Agreement in effect at the time Client receives rental Equipment shall control.
3. Warranty of Authority. Client hereby warrants that any person which it directs or allows to receive Equipment from Sunbeam and who shall sign for acceptance of said Equipment is authorized by Client to do so. Client herein waives any obligation on the part of Inspired Ink dba Dream Co DTLA to confirm said person’s authority to act on behalf of Client.
4. Maintenance of Equipment. The Client agrees to keep and maintain all of the rental Equipment in good condition and assumes full responsibility for all the Equipment and supplies until the rented items are returned. The Client agrees not to remove, cover, alter or deface any tags, serial numbers or nameplates on the Equipment.
5. Insurance. The Client agrees to obtain, at Client’s own expense, all-risk insurance coverage equal to the replacement value without deduction for depreciation of the rented Equipment. The Equipment must be insured by the Client before it can leave the premises of Inspired Ink dba Dream Co DTLA, and must include in-transit/shipment insurance coverage. The Client agrees to provide written certification and proof from Client’s insurance company of an all-risk policy naming Inspired Ink as a loss payee for any and all claims including coverage of the Equipment while in possession of a common carrier during shipment.
6. Lost and/or Damaged Equipment. In the event of any loss or damage to the rented Equipment, the Client agrees to pay the rental rate during the period of time the Company is deprived of the Equipment and until such time as it is repaired and/or replaced. The Client agrees that the value of the rented Equipment, in the event of damage and/or loss requiring replacement rather than repair of said Equipment is the replacement value as determined by the manufacturer’s list price at the time of said loss.
7. Inspection of Equipment. The Client acknowledges that Client’s agent (as defined in paragraph 4 above) by executing a Rental Checkout Sheet for particular Equipment warrants on behalf of Client that the Equipment has been examined and tested by Client and that the same is in good working order and condition.
8. Exclusion of Warranties. CLIENT HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM SUNBEAM WILL BE AS A RESULT OF CLIENT’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY CLIENT “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY INSPIRED INK DBA DREAM CO DTLA OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, LIGHTS, BACKDROPS, MATERIALS, FILM OR ANY OTHER EQUIPMENT RENTED. INSPIRED INK DBA DREAM CO DTLA HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL INSPIRED INK DBA DREAM CO DTLA BE RESPONSIBLE OR LIABLE TO CLIENT OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT INSPIRED INK DBA DREAM CO DTLA OR INSPIRED INK DBA DREAM CO DTLA’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification and Hold Harmless. The Client agrees to assume full responsibility and liability for the safekeeping and return of all rented Equipment. Client agrees to indemnify and hold harmless Inspired Ink dba Dream Co DTLA and Dream Co’s Affiliates (as that term is defined in the Studio Rental Agreement between Client and Inspired Ink dba Dream Co DTLA and any other persons to which Inspired Ink dba Dream Co DTLA itself may be responsible to indemnify and hold harmless, from any and all liability, claims, damages, costs and expenses arising from Client’s use, misuse and/or possession of the rented Equipment.
10. Returned Equipment. Acceptance by Inspired Ink dba Dream Co DTLA of the return of rented Equipment to its designated area does not waive any claims that the company may have against the Client for patent, latent or hidden damage to the Equipment. Inspired Ink dba Dream Co DTLA shall have a reasonable period of time after return of said Equipment to discover said damages.
12. Exclusive Possession/Non-Assignability of Lease. The Client shall not sublease or loan the Equipment or assign this Agreement to any other persons, firms or corporation and said Equipment shall at all times remain under the immediate, exclusive control and direction of the Client.
13. Miscellaneous Provision for Liens, Charges, etc. The Client specifically acknowledges Inspired Ink dba Dream Co DTLA’s ownership or control of the Equipment and agrees to keep the Equipment free of all liens and encumbrances. The Client agrees that they shall be liable for all taxes, transportation charges, duties, broker fees and any and all other costs imposed upon the Equipment.
14. Governing Law. This Agreement and all the rights and liabilities of the parties hereto shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflicts of laws principles.
15. Headings. The headings as to the contents of particular paragraphs of this Agreement are inserted for convenience and reference only and shall not be construed as a part of this Agreement nor be considered in construing the terms hereof.
16. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and cancels and supersedes any prior oral or written agreement between the parties with respect to the subject matter. No alterations, additions, amendments or modifications to this Agreement shall be binding unless made in writing and executed by an authorized agent of Inspired Ink dba Dream Co DTLA. Notwithstanding the foregoing, the parties acknowledge that the Client’s needs for Equipment may change up to and during their studio session and that, accordingly, Schedule 1 to this Agreement regarding the rented “Equipment” may be amended by email correspondence indicating same.
17. Construction. In the event any parts of this Agreement are found to be void, the remaining provisions of this Agreement shall be binding with the same effect as if the void parts were not included.
CLIENT DOES HEREIN WARRANT THAT ITS AUTHORIZED AGENT HAS READ THE TERMS OF THIS AGREEMENT, UNDERSTANDS THE SAME AND DOES SIGN IT ON BEHALF OF CLIENT AS CLIENT’S FREE ACT AND DEED.
BY CHECKING ANY LISTED BOX, CLIENT DOES HEREIN WARRANT THAT HE/SHE IS DULY AUTHORIZED TO BIND CLIENT TO EACH AND EVERY TERM OF THIS AGREEMENT.