Bad Dog Pictures Studio Terms & Conditions
Please Read and Sign Below.
Studio Rental Terms and Conditions
By engaging to rent studio space or office space at Bad Dog Pictures, Inc., (BDP) you, the undersigned (herein referred to as the “Renter”), hereby state that you have read, fully understand and agree to be bound by the following terms and conditions.
Renter has requested use of specific studio property, lift equipment and or services as described in quote provided by BDP. BDP will confirm a booking and grant a license (“License”) to Renter for Renter’s (and its employees or contractors) access to and use of specific studio space and production facilities including the soundstage (“Stage”) and any offstage production facilities reserved and paid for by Renter, or subject to additional charges, under the terms and conditions of this Agreement. BDP will not confirm a booking or grant a license to Renter unless Renter provides BDP with all the prerequisites listed in this Agreement.
2. Reserving the Studio:
All studio reservations are on a first come, first serve basis. BDP will hold a date for Renter. If Renter books a shoot and cancels less than one business day prior to the scheduled day, one full shoot day will be charged as a cancellation fee. If BDP receives a request to book a date that is already on hold, the client on hold has 24 hours to either book or release the date. If Renter books the date, Renter is then responsible for full rental even if canceled. BDP reserves the right to refuse reservations at its sole discretion.
3. Rate Card & Charges:
Renter acknowledges it has received BDP’s Rate Card (“Rate Card”) and agrees to pay said rental rates and charges for stage rentals, facilities rentals, equipment rentals, studio labor, services, and amenities. Any other rates, charges, or costs associated with any rentals or services not listed on the rate card can be furnished upon request. Per Renter’s request, Studio will provide a written estimate to Renter with any rates, charges, or costs for any rentals or services not listed on the rate card.
4. Security Deposit:
A credit card authorization must be held on file with a copy of Renter’s driver’s license, and front and back copies of the credit card in use. See below for deductions from deposit if they apply, like damages and unforeseen charges, or unpaid equipment.
5. Length of Use: The length of use shall be listed on Schedule A. There is a half day (5 hour) minimum rental. Total rental time includes unloading, setup, strike, shoot, cleanup, and loading. Additional fees may be charged for off hours or weekends if BDP personnel are required to be on-set during the rental period. Studio cleanup must be completed by the end of the rental period. If Studio is not satisfactory returned to the state it was prior to the rental period, a clean-up fee will be assessed of $150.00. Renter shall be liable to pay BDP for Renter’s additional use(s) of the production studio and its stages, facilities, locations, equipment, sets, props, and services. Renter agrees to pay said rates for any additional charges including, without limitation, overtime charges for stage usage exceeding ten (10) hours per day.
Use of our studio and BDP’s equipment is AT RENTER’S OWN RISK. Renter is required to have a qualified stage manager present for all shoots. If a BDP employee is not part of the crew, a stage manager approved by BDP, prior to the shoot, will need to be hired for rental of the studio at the expense of Renter. All inquiries regarding additional gear needs should be directed to the stage manager. Renter is to use the studio space, green loft and conference room only. Use of and access to the equipment storage, showroom, productions, and management offices are strictly prohibited. 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. Renter is solely responsible for any legal infractions Renter or members of Renter’s team make during the conduct of the shoot, be they in studio or elsewhere on the grounds. This includes all violation or citations, and legal action resulting from the conduct of the shoot, taken at whatever time. Renter agrees to hold harmless BDP, its owner, agents, representatives, and contractors acting on its behalf for any loss, accident, or injury to Renter or anyone employed contracted by or who accompanies Renter while on our premises. Renter agrees to be solely responsible for the conduct and welfare of all persons allowed by Renter on BDP’s premises. Renter is solely responsible for the safety and well-being of any party Renter engages or allows on the premises. Renter understands that if BDP observes dangerous, pornographic, or negligent practices or activities, BDP reserves the right to stop the shoot and require Renter and Renter’s party to leave immediately —
HOWEVER, BDP assumes NO RESPONSIBILITY to act in such cases. Renter agrees to hold BDP, its agents, representatives, and anyone acting on behalf of BDP completely harmless from any action, legal or otherwise, that results from Renter’s conduct, including all direct or indirect damages and all attorney fees. Renters are solely responsible for verifying that all models employed during Renter’s rental period are of legal age and signed appropriate releases for the activities they are to be engaged in. BDP has no responsibility to determine or verify the age of participants in the renter’s activities but reserves the right to end those activities if it becomes aware that legal age violations are on-going. Renter agrees that a BDP representative can be present in the studio at all times Renter is using it.
7. Safety, Health, Protection & Permits:
The Renter shall maintain and follow the Occupational Safety and Health Administration (OSHA) regulations pertaining to its production and is required to obtain all applicable permits, licenses, and or approvals.
The use of studio audiences, extra talent, animals, stunts, hazardous materials, spray painting equipment, automobiles, combustion engines, smoke machines, explosives, and or pyrotechnics is not allowed on the premises without prior written approval from BDP. Renter shall submit all requests regarding such uses and circumstances in writing to BDP and follow any laws, regulations, and requirements associated with such use. Renter shall take all necessary precautions in the use of motor vehicles and rented lift equipment to protect all persons and stage. BDP is not liable for any injuries or property damage. The lift equipment shall only be used by Renter’s employees and its personnel qualified to use the equipment. BDP assumes no reasonability for misuse or accidents related to the use of the lift. Only flame retardant certified fabrics, blackouts, curtains or any other hanging drapery on the exterior and interior of Studio will be used. Renter must abide by all fire safety requirements and obey all fire ordinances. Maintain four (4') foot clearances around all doorways and walls. Never block the exterior door to the parking lot with a car or any equipment and maintain a car width from that door to the parking lot at all times.
BDP, its directors, servants, employees, and agents shall have access to all studio space, stages and offstage production areas upon presentation of identification that represents said persons as employees of BDP.
9. Photographic Release:
BDP makes no claims in regard to Renter use of Renter’s video, film and record materials, and gives Renter complete photographic release.
Renter shall at all times during the term of this agreement, and any extension or continuation of this Stage Rental or Contract Agreement, at its sole cost and expense, obtain and maintain commercial general liability insurance including coverage for its employees, independent contractors, producers, agents, vendors and standard contractual liability coverage from an approved company authorized to do business in the State of Missouri. The liability insurance shall name BDP Pictures, Inc. as an additional insured for the duration of the License against all of the various claims, liabilities and attorney’s fees, including (1) comprehensive general liability, automobile liability each in the amount of at least one million ($1,000,000) combined single limit for bodily injury, death or property damages, per occurrence; (2) contractually assumed liability to cover the liability assumed by Producer or Production Company under this Agreement each in the amount of at least one million ($1,000,000) combined single limit for bodily injury, death or property damages, per occurrence; (4) any other insurance commonly used by productions for services of the type performed pursuant to this Stage Rental, Purchase Order, Work Order or Contract Agreement. With or without insurance, Renter waives all rights to hold Studio responsible for any kind of damage, injury, or financial loss. Furthermore, Renter takes full responsibility for any, and all, lawsuits and accepts complete liability. RENTER WORKS AT THEIR OWN RISK. Renter must provide proof of insurance, insuring BDP. Renter shall indemnify as well as hold BDP, its owners, representatives and agents free and harmless from all claims and liability, and personal injury to any person or any damage to the premises or property located thereon or any other obligation whatsoever which any way relates to or is occasioned by or resulting from Renter's use of the premises. Renter shall maintain in comprehensive policy of liability and property damage insurance of at least one million dollars ($1,000,000 USD) covering general liability and one million dollars ($1,000,000 USD) covering property damage. Said policy shall insure and protect; BDP, and its owners, representatives and agents as additionally
insured against all claims, any suits of liability and/or litigation's arising out of or connected with Renter use of Studio. Renter must have in effect and effective insurance coverage for its company employees against workers compensation claims in an amount as required by law, if they do not have such coverage for workers compensation Renter cannot look to or hold BDP responsible for any claims. Renter’s signature is acceptance of premises is suitable for Renter's use.
11. Certificate of Insurance:
Prior to Renter using BDP facilities, Renter shall provide a certificate of insurance confirming the required coverage as specified above. All certificates shall be signed by an authorized agent or representative of the insurance carrier. Renter shall name BDP as an Additional Insured on all Certificates of Insurance for insurance policies that are required to be maintained pursuant to a Stage Rental or Contract Agreement. The Certificate Holder(s) shall be listed as:
Bad Dog Pictures, Inc.
1501 S. Kingshighway Blvd.
St. Louis, MO. 63110
12. Cancellation of Insurance:
The Renter and its insurance company shall provide written notice to Studio, no less than 30 days prior to the effective date of any cancellation or material change to any insurance maintained by you the Renter pursuant to the foregoing provisions. Lapse or cancellation of required insurance shall be deemed an immediate and automatic default of this agreement.
13. Cyclorama (“CYC”):
The cyclorama walls and base cove must be kept clean and in good condition in any stage rental. Cyclorama is furnished in either pure white or digi-comp green and must be returned to the original condition in which it was presented to Renter at the beginning of the rental term unless BDP executes a written statement describing a pre-existing condition that would excuse Renter of any applicable charges associated with such condition. Renter is permitted to use all available floor space in the stage including areas defined as the CYC floor. If Renter requires cyclorama to be painted any color other than white, BDP’s permission is required, and the cyc needs restored back to white. Renter will incur all costs associated with painting. Studio management must approve all paints. Any painting of the cyclorama is to be performed by Studio personnel only. Painting any portion of the CYC walls or floors by Renter is prohibited without prior Studio approval. Drilling into any part of cyclorama is absolutely prohibited. Renter shall provide proper instruction to anyone entering the stage to take every precaution to protect the CYC wall, CYC coves, and CYC floors from damages and wear by not walking on any part of the corner and base coves and by keeping sets, materials, lift equipment, and all lighting and grip equipment away from the CYC walls and corner and base coves. The use of adhesive tapes such as duct tape and gaffers’ tape on cyclorama is prohibited. Only low tack tape such as 3M blue painters’ tape or similar tape approved by BDP may be temporarily adhered to cyclorama floor and wall(s). Additional protective materials such as paper and boot covers are available at the Studio. Protective hard board, sound blankets, and carpet can also be either purchased or rented depending on use. Repair, refinishing, and or painting charges may be imposed if at the end of rental term, the CYC walls, CYC coves, and or CYC floors are discolored or soiled above normal wear, or if damage as determined by Studio management has occurred.
Additional equipment requested by Renter will be subject to a separate charge. Any additional equipment requested shall be subject to BDP’s approval. For equipment rentals please submit your itemized wish list of grip, lighting or expendables to BDP at least 24 hours prior to call time and a separate contract will be utilized. Therefore, additional equipment is a separate charge, and if Renter rents lights, grip equipment, grip/lighting vehicles, cameras, dollies, photo packs, chimeras, props, wardrobe, Et al or any film/video/AV /sound equipment, Renter must have production insurance, insuring all rented equipment. Equipment rental does not matter whether equipment is rented from Renter/Studio, or agents of, or from an outside third party source, Grip/Lighting Company, Equipment Company, or Private person, or a crew member who works on the Renter’s production for the insured value in the case of theft or damage of any kind. Not limited to overnight or nights storage, even if Renter’s production has concluded, for the day, and is, or is not, returning for continued use. Renter is responsible for any damage or loss of equipment incurred during the rental period. If Renter wants equipment left until item(s) can be picked up, Renter is fully responsible. IN ADDITION, equipment must also be insured in case of fire, or other unknown disaster or circumstance, or act of God. For equipment, please insure,
indemnify, and hold free and harmless the parties which follow/as additionally insured: BDP Pictures, Inc. If production does not have insurance or appropriate limits and riders, and or production insurance for equipment, then Renter takes full responsibility, and Renter is in complete control of space, and of all gear and their crew who are using it. Renter can in no way look to Renter/Studio, and, agents, employees of BDP and their agents once it is in Renter’s possession and use, even if equipment is left on stage or overnight.
Renter will be responsible for any and all damage, theft or missing gear that may arise while using equipment. Renter should note that Renter is responsible for all equipment that is placed on the stage in which Renter is in possession. If any gear is not working or damaged when initially acquired, then Renter should notify BDP immediately. Renter cannot wait until the end of the day to notify BDP of prior damages or claim that equipment was not working when they arrived at BDP or claim they did not use the piece or pieces in question. Also note, all equipment is tested by BDP and is in working order when given to Renter. All other equipment, appliances, furniture, and other items that are in space during the timeframe of this agreement are also subject to the same policy regarding loss and damage mentioned above. BDP is not liable for acts out of its control that affect the shoot, such as power outages, weather or emergencies.
15. Power Charge:
Power is included at no charge if Studio supplies lighting and grip equipment. CAMLOCK power may be billed if large tungsten or HMI loads are to be used. This will be at the discretion of BDP.
Smoking is not allowed. If evidence of smoking to include scent exists inside the space, a $300 cleaning fee will be assessed to the Renter.
All children must be supervised at all times by an appropriate guardian.
18. Renter Responsibility:
The Renter is responsible for all activities of Renter’s party brought into the studio or premises and any infraction of this agreement including but not limited to any fee assessment. It is strongly encouraged that Renter seeks usage agreements and model releases for all participating parties in the photo shoot.
Studio premises must be cleaned and returned to the original condition in which they were presented and entered by Renter at the beginning of rental term. Renter agrees to leave the premises clean of all trash and materials, remove all tape and residues, and sweep the floor clean at end of rental term. Extra cleaning, waste removal, and or storage charges may be imposed if Renter leaves trash, stains, residues, sets, set pieces, props, materials, equipment or other items in the Studio or on the property at the end of rental term. Renter is responsible for all damage(s) and clean up that Renter may cause. Renter will be responsible for a sweep and bagging of rubbish, which they create, and are to leave the premises in condition as found. Depending on the situation the Studio may need to be painted back to original color and Renter will be financially responsible for the process. Studio dumpsters are available to a limit, and will not accommodate scenic trash, which is piled higher than container can hold and will be refused by trash Removal Company. The fee is $150.00 if the above is not followed. A house cleaning standard fee of $150.00 (not waived) will be charged in the end to help cover trash removal and cleaning of floors and bathrooms, Et al if Renter does not clean up, leaving the Studio in an unsatisfactory condition.
20. Trash & Waste Removal:
All rentals include basic trash service, which includes the use of a recycling dumpster and a trash dumpster with bi-weekly trash removal. All catering trash must be contained in heavy-duty trash bags and all trash must be removed from both the stage and off-stage production areas at the end of each day. Trash bags must be securely tied and then placed in the provided trash dumpster. All other trash that is not considered catering or office trash by Studio management is not permitted in the provided trash dumpster and must be removed from the premises. A separate dumpster is provided for cardboard and aluminum only. Building materials, art department materials, and set construction materials may require a separate dumpster, additional waste removal service, and applicable fees. Disposal of hazardous materials in dumpsters is strictly prohibited and in violation of certain local, state, and federal laws.
Upon the termination of this Agreement or expiration of the License and the rental term, Renter shall surrender and return all studio property, space, equipment, furniture, and accessories, to Studio free from damage and in the same condition and appearance as received at the beginning of the rental, allowing for ordinary wear and tear. Renter shall remove any goods or chattels brought or
permitted by Renter on or about Studio property. Renter shall pay all additional charges associated with any additional cleaning, trash and waste removal, damage repair, refinishing work, painting and any other services or work that must be performed to satisfy such claims that are not in accordance with the terms of this Agreement. BDP may perform or request such services and shall be reimbursed the actual cost of such repairs by Renter within fifteen (15) days of request for payment.
22. Loss Valuation:
Unless otherwise agreed in writing, Renter shall be responsible to BDP for the replacement cost value or repair costs of Studio property, including rented goods, equipment, sets, materials or props (if such property or rented goods can be restored, by repair, to its pre-loss condition) whichever is less. Loss of use shall be determined by the actual loss sustained by BDP. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged equipment. If there is a reason to believe a theft has occurred then the Renter must file a police report.
23. Accident Reports:
If any of the equipment is damaged, lost stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, Renter agrees to promptly notify BDP of the incident, and will file all necessary accident reports, including those required by law and those required by applicable insurers. Renter, including its employees and agents will cooperate fully with BDP and all insurers providing insurance under this agreement in the investigation and defense of any claims. If any documents are served or delivered to Renter, its employees, or its agents in connection with any claim or lawsuit filed or threatened against Renter or any party named in this agreement, Renter shall promptly deliver such documents to BDP.
24. Greater Force:
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 (other than failure or delay in the payment of money owed, due and payable hereunder) when such a claim is attributable to Force Majeure 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. Any failure or delay caused by Force Majeure or extraordinary circumstances including, without limitation, natural disasters or other Acts of God, governmental restrictions or actions, or by any other extraordinary circumstances such as war, riots, civil disorder, power failures, and/or damage or destruction of any Studio facilities, shall not be deemed a breach of this Agreement, provided that, as a condition of a claim for such excusable failure, the party that is unable to perform in accordance with this Agreement, shall promptly give the other party a written statement containing sufficient details of the cause relied upon and may be required to provide evidence that validates the claim. This clause (often referred to as “force majeure”) is not intended to excuse either party of contractual obligations or failure to satisfy any term or condition of this Agreement for reasons within the control of the parties.
The delay or failure of either party to assert or exercise any right, remedy, or privilege hereunder shall not constitute a waiver of any such right, remedy, or privilege. No such waiver shall be affecting unless in writing, and then only in the specific instance for which given.
Neither party shall assign this Agreement or any of the rights or obligation hereunder without prior written consent of the other party. No assignment by Renter shall release Renter of its obligation hereunder.
27. Enforceable Parts:
The invalidity or illegality of any part of this Agreement shall not affect the validity or force of any other part hereof. If any provision of this agreement or the application of any of its provisions to any party or circumstance is held invalid or unenforceable, the remainder of this agreement, and application of those provisions to other parties or circumstances, will remain valid and in effect.
28. Default & Termination:
BDP may revoke the License set forth in this Agreement at any time upon written notice. Termination of this agreement shall not constitute a waiver of any obligation under this agreement, including the Renter’s obligation to make all final payments to BDP. At BDP’s option, BDP may, declare Renter in default on the occurrence of any of the following: A) failure by Renter to make payments or perform any of its obligations under this agreement within one day of the date due; B) institution by or against Renter of any proceedings in bankruptcy or insolvency, or Renter’s reorganization under any law, or the appointment of a receiver or trustee for Renter’s goods and chattels or any assignment by Renter
for the benefit of creditors; C) expiration or cancellation of any insurance policy to be paid for by Renter as provided for under the terms of this agreement; or D) involuntary transfer of Renter’s interest in this agreement by operation of law or otherwise. If Renter is in default, BDP will reserve the following rights: 1) to terminate the agreement and Renter’s rights under the agreement; 2) to declare the balance of all unpaid rent and all other charges of any kind required of Renter under the agreement to be payable immediately, in which BDP will be entitled to the balance due together with interest at the rate of ten percent per annum, from the date of notification of default to the date of payment; 3) to enter and repossess the property without legal process free of all of Renter’s rights to the property and release BDP of any claim for trespass or damage caused by reason of the entry, repossession, or removal. After such default, Renter agrees to reimburse BDP for all reasonable expenses of repossession and enforcement of its rights and remedies, together with interest at the rate of ten percent per annum from the date any such balance(s) is (are) due and all legal fees. Notwithstanding any other provisions of this agreement, if BDP place all or any part of a claim against Renter in the hands of an attorney for collection, Renter shall pay, in addition to other sums that may be awarded, BDP’s reasonable attorney’s fees and costs. Any and all remedies will be cumulative to the extent permitted by law, and may be exercised partially, concurrently, or separately. The exercise of one remedy will not be deemed to preclude the exercise of any other remedy.
This Agreement shall be construed and enforced in accordance with the laws of the State of Missouri. If the parties are unable to resolve any controversy or claim, including any claim of misrepresentation, arising out of or related to this agreement or breach of this agreement, such controversy, claim, or dispute will be settled by arbitration in the State of Missouri.
30. Prior Agreements:
This agreement supersedes and replaces any other prior agreement(s), written or verbal, regarding the subject matter hereof.
Renter has read this entire agreement, agrees to all its terms, each person accepting on behalf of Renter shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. Undersigned individual represents that he or she is empowered to execute this agreement on behalf of the Renter.
These terms are subject to change without notice at any time by BDP. and/or its subcontractors, or agents.
BY SIGNING THIS DOCUMENT, I AGREE TO ALL TERMS & CONDITIONS OF BDP.
I agree to the above terms and conditions