TERMS AND CONDITIONS
DAMAGE WAIVER
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As a condition of the RENTER mentioned earlier renting studio facilities and equipment of Sandbox Studios Inc., the RENTER hereby freely, voluntarily, and without duress executes the Release and Waiver of Liability under the following terms:
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1. INDEMNITIES AND HOLD HARMLESS
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The undersigned Renter, on his/her behalf of his/her heirs, next of kin, executors, administrators, personal representatives, and assigns, does hereby agree:
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a) to waive all claims that the Renter may have now or in the future against Sandbox Studios Inc., its employees, directors, officers, insurers, agents, successors, and assigns of Sandbox Studios Inc. (collectively "Sandbox Studios Inc." or the "Released Parties") 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 premises of Sandbox Studios Inc.;
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 Sandbox Studios Inc. owners and/or staff;
c) to be liable for and to hold harmless and indemnify Sandbox Studios Inc., its ownership, and staff from all actions, proceedings, claims, damages, costs, demands, including hospital costs, court costs, arbitration or legal fees, and liabilities of whatever nature or kind arising out of or in any way connected with the rental or any behaviour exhibited during the rental session at Sandbox Studios Inc’s facilities.
Renter agrees to hold Sandbox Studios Inc., its agents or owners, representatives, and anyone acting on behalf of Sandbox Studios Inc. 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 Sandbox Studios Inc., of any liability or responsibility for Renter’s, or any of the Renter’s associated party, behaviour and conduct towards another person at any time while on Sandbox Studios Inc’s property or general area of Sandbox Studios Inc’s facilities.
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. Sandbox Studios Inc. has no responsibility to determine or verify the age of participants in the Renter’s activities.
3. ACCEPTANCE OF RESPONSIBILITY
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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, TALENT, ASSISTANTS, CREATIVES, OR FRIENDS). The Renter freely accepts these risks and agrees to the terms of the Release, even if Sandbox Studios Inc. 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 Sandbox Studios Inc. 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 Sandbox Studios Inc. to the Renter.
Use of Sandbox Studios Inc.’ facilities 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 talent, staff or any other personnel accompanying Renter or engaged by Renter.
4. AGREEMENT TO ARBITRATION
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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 Toronto, Ontario. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the Arbitration Place, 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
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The Renter (as the customer of Sandbox Studios Inc.) assumes responsibility for himself/herself and any other individuals who enter the rented studio space during their designated time and agree to follow the rules and regulations of Sandbox Studios Inc. The Renter also agrees that their 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 any equipment will result in a minimum damage fee of $50. The Renter will ensure to advise his/her crew to be careful. For those persons associated with renting Studio 2, 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 Sandbox Studios Inc.’s staff and/or management.
MINORS:
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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. Sandbox Studios Inc. is not liable for violation of this policy.
RULES AND REGULATIONS:
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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. Overtime fees are $50/hr and are billed in 15 minute increments. (For practical purposes, this means that if you are in the space from 1 to 15 minutes beyond your allotted time, your credit card will be billed an additional $37.50 in late fees. 16 to 30 minutes over will incur a fee of $75.00, etc…)
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2. At no time are Renters to engage in any kind of unlawful activities while on the premises of Sandbox Studios Inc.
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3. All Renters and related parties must read and take notice of on-site signage, staff instructions, and be kind to all other Renters.
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4. Any minor incidental damage incurred to the property of Sandbox Studios Inc. 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 acts, 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. In an effort to keep the Cyclorama "Cyc" walls and floor clean for others who will use the studio, make sure that no one steps on the curved part of the wall and that no one puts their hands on the curve or the surrounding walls. Touching the wall leaves marks as does stepping on the curve. You will be charged a repainting fee if your group leaves marks on the walls or curve. Minimum repair/repainting fee is $50. In an effort to keep our recording rooms clean and functional, ensure all of your guest are using equipment appropriately.
5. Cancellations to your reservation made with less than 14 days’ notice will be charged in full. Consecutive cancellations (twice or more in a row) will not be refunded or credited. Rescheduling with more than 7 days’ notice will incur additional 10% fee. Rescheduling with less than 7 days’ notice will incur additional 25% fee.
6. Please leave the studio as you found it. If cleaning/re-organizing/adjusting is necessary to return the studio to its original state, you may be charged a $50 cleaning fee. Smoking is not permitted inside the facility. Smoking is allowed in front of the building, provided that you dispose of your extinguished cigarette/joint butts in an approved receptacle (fire-pit or trash can).
7. The equipment provided in each studio is printed, listed, and checked in each studio prior to your session. All of the equipment provided is 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. At the beginning of each session the customer is to review the inventory at the start of their session at Sandbox Studios Inc. It is the customer’s responsibility to notify Sandbox Studios Inc. of any missing inventory/equipment before the session starts otherwise, the customer is held liable for any missing equipment/inventory at session end.
8. Please also note that Sandbox Studios Inc.’ facilities are private spaces; however, there are security systems in place that include cameras. Camera contents are never broadcast, shared, or used in any other way than to provide risk management for Sandbox Studios Inc.’ assets, employees, and customers. Your privacy is just as important to us as your safety and Sandbox Studios Inc. 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.
9. 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.
10. If a representative or group should violate any items of this agreement, Werk Studios staff will have the right to terminate their occupancy immediately as well as deny them services in the future.
11. Sandbox Studios Inc. 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 Sandbox Studios Inc. access to the equipment and/or studio. If a breach of any of the provisions of the Rental Contract occurs, Sandbox Studios Inc. has the right to revoke your access to the equipment and/or studio without any liability to you, and without prejudice to Sandbox Studios Inc.
SECURITY WAIVER
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This agreement outlines the responsibilities I have as a holder of Sandbox Studios Inc. Door Access Code. My acceptance of this agreement indicates that I have read and understood the Identification/Access Card Policy and agree to adhere to the protocol and procedures established for Door Access Cards.
1. The Door Access Code is intended to facilitate the entry to electronically access-controlled studios at Sandbox Studios Inc. located at 1 Carlaw Ave, Toronto, Ontario, M4M 2R6, Canada
2. I understand that the Door Access Code is issued in my name as the sole authorized person for access to the appropriate areas of Sandbox Studios Inc. I will not allow any other person to use my Code. I understand that I should not open the door for others who do not have their own Code but rather direct them to contact Sandbox Studios Inc.
3. I understand that I must have my Sandbox Membership card with me at all times while on location.
4. I will not prop open doors as this will activate a security alert.
5. I will not punch holes in the Card, attach or affix any pins or decorations to the Card, bend the Card, or wash the Card as it may render the Card inoperable.
6. I understand that codes should not be left unattended or kept in such a manner to be susceptible to loss or theft.
7. I understand that upon the termination of our contract, or volunteer services, cards must be returned to the Human Resources Department. The Director of the department where the person was assigned is responsible for ensuring that the Card is retained before the person leaves Sandbox Studios Inc. premises.
8. I understand that I must immediately notify Sandbox Studios Inc. if my Identification Card/Access Code is lost, missing, stolen, or damaged. You will then be reissued a new code and have a new card made immediately upon notification.
9. I understand that the Human Resources Department will assess employees/individuals for a fee of $15.00 for a replacement card if their Card was lost, missing or damaged. $10 to reissue a new code.
Rights of Sandbox Studios Inc.
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The Sandbox Membership Card remains the property of Sandbox Studios Inc at all times. Sandbox Studios Inc. reserves the right to withdraw from an individual any or all of the facilities of the Card/Code and request that the Card/Code be surrendered, if evidence is found that the Card/Code is being misused in any way. Any unauthorized use will result in confiscation and or disciplinary action. Sandbox reserves the right to withdraw all Door Access Cards, suspend some or all of the facilities or replace the Card with one or more alternatives, without prior notice forfeiting your deposit/payment.