Terms and Conditions

Studio Agreement, Waiver, and Release of Liability

Rental Agreement

Rental Terms“Company” is ShapeShift Studios, “Premises” includes the studio and any adjacent property, “Renter” is the person or entity renting the premises or equipment.

Payments & DepositsAll rental fees must be paid at the start of your booking. 50% deposit required for all rentals. Fees that were not billed during the initial booking will be due at the end of the rental period.

Cancellations and ReschedulesCancellations of confirmed bookings will result in the following:

48 hours or more: A confirmed booking that is cancelled more than 48 hours prior to the booking date and time will incur no charges and all payments will be refunded in full.

Less than 48 hours: No refund for any cancellation made less than 48 hours prior to the booking date/time. If the company must cancel the renter’s reservation, renter will be given, in company’s sole discretion, credit worth the amount paid by renter to apply to a future booking. Company is not liable for acts out of its control that affect the reservation, such as building equipment failures, power outages, weather, or other emergencies.

Less than 24 hours: No refund for any cancellation made less than 24 hours prior to the booking date and time. Renter agrees to forfeit all monies paid for their reservation to the company by cancelling with less than 24 hours notice.

Length of UseRental periods are pre-arranged at the time of booking. Renter’s rental time begins promptly at the prescribed starting time and ends promptly at the prescribed ending time. Rental time includes setup and tear down. Studio must be cleaned and vacated by the end of the rental period. No prior drop-off and/or pick-up of equipment, props, etc after completion of shoot unless negotiated at time of rental contract. Any renter that goes 15 minutes past the original end time of their booking will be charged an additional hour.

Cleaning and TrashRenter agrees to leave premises and all contents in the same condition as they were when renter arrived. Company will dispose of trash collected in the supplied trash cans. Renter must remove larger items, such as props and set pieces, from the studio and any adjacent property. Renter may not use property trash cans. Disposal of large amounts of garbage due to large sets may also accrue additional cost. $50 cleaning fee may apply for excessively dirty studio, large groups or production crews exceeding 10 people. Complimentary shoe covers will be provided for use at renter’s discretion.

Studio GuidelinesNo smoking whatsoever is allowed in the studio.Projects involved with smoke have to get studio representatives consentMusic is to be kept at reasonable levels and may not disturb adjacent property tenants at any time.No one will be admitted who is under the influence of alcohol or illegal substancesNo pets allowed without prior consent of a company representative.All small and/or hard to clean material (confetti, hair cutting, feathers, food products, body paint, etc.) require approval from company representative. Cleaning fee may apply.Maximum number of people must comply with posted occupancy limits set forth by Orange County.

ConductWe at ShapeShift Studios maintain a clean and professional environment. Renter shall be solely responsible for the conduct and welfare of all persons accompanying renter while on company’s premises. Renter agrees that company representative will be present at all times. If the representative observes or otherwise becomes aware of dangerous, pornographic, illegal or negligent practices or activities, the representative reserves the right to stop the shoot and require renter and renter’s party to leave immediately. Absolutely no refund will be given for unused time in such a case. However, company and its representatives assume no responsibility to act in such cases.

EquipmentCompany agrees to provide equipment in good working order but makes no special guarantees as to suitability to the renter’s purposes. Renter shall notify company immediately of any malfunction, damage or other issues with the equipment.

DamageRenter shall be solely responsible for any damage to company’s property or equipment that occurs during the time renter or his party occupies the premises. Damage deposit will be held until repairs can be made. If damage exceeds amount of damage deposit, renter agrees to pay reasonable additional repair costs to bring damage equipment back to working condition. Renter agrees to pay for damage to the premises including but not limited to: spills, excessive wear, marks or stains on furniture and makeup station, plumbing clogs, and damage to walls.

ArbitrationIf 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 Orange County, California. 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. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200.

MiscellanyLicensee shall comply in all respects with all federal, state, county, city, or other local laws, regulations and ordinances and all rules and regulations of any governmental authority, in connection with this Agreement. This Agreement incorporates the entire understanding and agreement between Company and Renter. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of California shall govern this Agreement. The following signatures constitute a legal and binding Agreement between Renter and Company.

Waiver and Release of Liability

WAIVER AND RELEASE OF LIABILITY IN CONSIDERATION OF the risk of injury that exists while participating in PHOTOGRAPHY STUDIO RENTAL (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same; I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge SHAPESHIFT PHOTOGRAPHIC, LLC, located at 17200 Newhope St, #302, Fountain Valley, California92708, their affiliates, managers, members,agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs. I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize ShapeShift Photographic, LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the ShapeShift Photographic, LLC official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE ShapeShift Photographic, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ShapeShift Photographic, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of ShapeShift Photographic, LLC, its agents, and employees.

I agree that this Release shall be governed for all purposes byCalifornia law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and ShapeShift Photographic, LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. In the event of an emergency, please contact the following person(s) in the order presented:

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.