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KTOP Studios is a full service production studio and equipment rental facility. Parties renting from KTOP Studios hereby rent the production studio, equipment and services described and acknowledge the receipt of said studio and equipment in satisfactory condition and working order. Whereas rental clients at times, may require the sub-rental of additional equipment to facilitate their production needs, KTOP Studios hereby requires that no outside lighting and/or grip equipment may be brought into Studio without the prior consent of Studio Management. Notwithstanding the above, rental clients agree to indemnify and hold harmless KTOP Studios and its offices and employees from any and all claims, suits, damages and liabilities, including Workers' Compensation claims resulting directly or indirectly from a cause of occurrence in, upon, at or from the use of the rented facility and equipment herein, including but not limited to such damage or injury which may be caused by the negligence of KTOP Studios.The minimum rental period for the studio is one ten-hour day, excluding client's time taken "off the clock " for the first meal break. Overtime rates apply for all time in excess of ten hours and for clients renting between 9:00 pm to 6:00 am. Normal business hours are Monday through Friday 6:00am to 9:00pm.
KTOP STUDIOS MAKES NO WARRANTY,EXPRESS, IMPLIED,ORAL,WRITTEN OR OTHERWISE REGARDING THE MERCHANTABILITY, FITNESS,OPERATION OR USE OF THE STUDIO AND ITS EQUIPMENT FOR ANY PARTICULAR PURPOSE. TERMS AND CONDITIONS All first time clients are required to pay a fifty percent (50%) deposit by cashiers check due upon booking Studio. Booking is not confirmed until deposit is received. The remaining balance is payable upon completion of the rental period. Payment is due and payable fifteen (15) days from the date of iinvoice. Subsequent rentals are subject to credit approval and unless otherwise specified,Studio reserves the right to change any and all prices without notice and to collect all taxes where required by law. INSURANCE Clients shall provide KTOP Studios with Certificate of Insurance(s) for KTOP Studios, the City of Oakland, its Council members, officers, agents and evidencing the following coverages:
- General Liability written on an "occurrence" basis and including products, completed operations, personal and advertising injuring in the amount of $1,000,000.
- All risk Equipment Floater in the amount of $1,100,000 or in the amount of the replacement cost of utilized equipment
- Equipment Transit coverage in the amount of the replacement cost of the utilized equipment if it is removed from KTOP Studios.
- If KTOP Studios staff is utilized, Workers' Compensation with the statutory limits required by the State of California.
Certificates are due concurrently with the booking of studio. The City of Oakland shall be named as Additionally Insured for Commercial General Liability and as Loss Payee on all Risk Equipment Floater and Equipment Transit coverage. PLACING RENTAL ORDERS
Booking date guarantee: Bookings are confirmed and guaranteed only upon receipt of an authorized purchase order or written confirmation on booking company's letterhead.
Cancellations: Clients who cancel confirmed bookings will be subject to the following penalties and will be billed as follows:
Five (5)days notice to rental date: no penalty unless another client was turned away. If another client has been turned away, Client will be billed for 100% of common days booked not used.
Three (3)days notice to rental date: Client will be billed for 50% of all days booked.
Two (2)days notice to rental date: Client will be billed 100%of all days booked.
Personnel list: Client must provide a complete list of all personnel involved in production 24 hours prior to shoot. This includes all vehicles which will use the loading dock.
Client Clean-up Responsibilities
The rental customer is responsible for taking all measures necessary to return the rental facilities and support areas back to the condition as they were found at the start of the rental. In addition, all props, sets, furniture, and the like must be removed at strike. Furthermore if Studio is left in an unsatisfactory condition,an additional $45.00 per staff hour labor charge will be billed to the client for any cleaning and/or repairs as needed to bring rental client to compliance with this agreement.
Studio and its staff reserves the right to terminate at any time any rental that is deemed to be operating in an unsafe manner or in violation of any Federal, State, and/or Municipal laws.
Any dispute arising from this rental agreement shall be governed by California Law. If any action or proceeding arising out of or relating to this rental policy, including an action for declaratory relief, is commenced by either party to this rental policy, then as between Studio and Rental Clients the prevailing party shall be entitled to recover from the other party, in addition to any other costs and relief that may be granted, the reasonable attorneys fees incurred in the action or proceeding by the prevailing party. Such recovery shall include court costs and attorneys fees on appeal.