1 BIG STAGE -
STUDIO RENTAL AGREEMENT -
Renter has requested use of specific Studio property, lift equipment and or services as described in the attached Booking Confirmation Form ("SBC"). Studio will confirm a booking and grant a license (“License”) to Renter for its 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. Studio will not confirm a booking or grant a license to Renter unless Renter provides Studio with all of the prerequisites listed in Section
2. MANDATORY PROVISIONS.
Renter agrees to complete all of the following actions which are mandatory in booking a stage and in the finalization of this agreement: 1) Renter shall review, sign and deliver the Stage Rental Agreement (SRA) to Studio; 2) Renter shall review, sign and deliver the Stage Booking Confirmation Form (SBC) to Studio; 3) Renter shall provide 100% Payment in full to Studio; 4) Renter shall obtain commercial general liability insurance with the required coverage described in Section 13. INSURANCE; 5) Renter shall provide a Certificate of Insurance as described in Section 14. CERTIFICATE OF INSURANCE
As consideration for use of the License granted in Section 1. BOOKING above, Renter agrees to pay the total amount due on the Booking Confirmation Form (SBC) signed by Renter and made part of this agreement. Renter shall provide payment in full for all reservations in US funds. Renter’s booking will not be confirmed and this agreement is not effective until payment is received and cleared.
4. RATES CARD & CHARGES.
Renter acknowledges Studio 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.
5. 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. All final charges (all overages including overtime, cleaning fees, damages, rental fees, Et al) are due within 24 hours of Renter’s departure and job ending.
6. ADDITIONAL CHARGES.
All additional fees will be waived or specifically contracted with PRODUCER. A STUDIO MANAGER Will be onsite for 12 hours every SHOOT day & 10 HRS every scheduled PREP/PRE-LIGHT/STRIKE days unless otherwise stated or approved by SUPERVISOR. Client agrees periods outside of those hours will be fully self-managed and operated, or additional fees for studio management overtime will be applied based on studio pro rating for the extended duration of the rental day. Emergency contact still available.
Renter acknowledges all additional charges on the Rate Card that may be imposed and the amounts that Renter shall be liable to pay Studio 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 twelve (12) hours per day.
7. LENGTH OF USE.
A daily stage rental permits Renter to schedule and use the rented studio facilities for twelve (12) continuous hours during rental term.
Studio, 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 Mackingwell Inc. provided that such persons are granted access only if actually working during the time of admission to the space.
9. PHOTOGRAPHIC RELEASE.
Studio makes no claims in regards to Renter use of Renter’s video, film and record materials, and gives Renter complete photographic release.
10. CANCELLATION POLICY.
Any cancellation of a confirmed booking must be submitted in writing. If Renter cancels a confirmed booking with more than seven (7) days from the confirmed rental, Renter shall receive full refund of deposit. In the event of a cancellation of a confirmed booking without at least a seven (7) day advance notice, Renter shall pay a cancellation fee that is equal to the deposit. If Studio must cancel a confirmed booking, Renter will receive a full refund.
Renter shall indemnify, defend with counsel reasonably approved by Studio in its reasonable judgment and hold harmless its officers, directors, agents, and employees and owner’s collectively, the “Indemnified Parties” and each an “Indemnified Party” from and against any and all claims, fines, or penalties and any and all liability to any third party from loss, damage, or injury to persons or property (including without limitation attorneys’ fees, judgments, and settlements) in any manner arising out of or incident to: (1) Renter’s acts or omissions; (2) any breach by Renter of any provision of this Agreement; (3) Renter’s noncompliance with any applicable federal, state, or local laws or regulations; and (4) the acts or omissions of Renter subcontractors, licensee’s, agents, or invitees. The provisions of this subparagraph shall survive the termination of this Agreement.
12. SAFETY, HEALTH, PROTECTION AND 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 Film LA permits, licenses, and or approvals. Fines may be imposed if Renter does not obtain such 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 approval from the Studio. The Renter shall submit all requests regarding such uses and circumstances in writing to the Studio 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 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. Only flame retardant certified fabrics, blackouts, curtains or any other hanging drapery on the exterior and interior of Studio will be used. Certification for each fabric must be provided; if not, Studio will perform a field test to the fabric before allowing its use at the Studio. No type of plastic or Visqueen can be hung in the interior or exterior of Studio for the purpose of blacking out windows. 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. Renter may load or unload trucks in the street, but may not block street.
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 California. The liability insurance shall name MACKINGWELL INC. each 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; (3) applicable workmen’s compensation in statutory limits, and employers liability insurance in the amount of at least $500,000 per occurrence: (4) completed operations, and (5) 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. The insurance required under this Article shall be primary and non-contributory and shall be issued by companies with a “Best’s” rating of not less than A and a financial size category of not less than Class VIII as rated in the most current available “Best’s” Insurance Reports. 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 Mackingwell Inc. Renter shall indemnify as well as hold Mackingwell lnc., 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; Mackingwell Inc. 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 Studio responsible for any claims. Renter’s signature is acceptance of premises is suitable for Renter's use.
14. CERTIFICATE OF INSURANCE.
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 MACKINGWELL INC. and each 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:
316 MIRA LOMA AVE
GLENDALE, CA 91204
15. 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.
The cyc 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 Studio provides a written statement describing a pre-existing condition that would excuse Renter of any applicable charges associated with a paint restore and specific language stating such a waiver or if the Renter does not require use of the cyclorama, wherein 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, a base coat of primer sealer must be applied in the restoration process 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 studio may be temporarily adhered to cyclorama floor and wall(s). Additional protective materials such as paper and boot covers are available for purchase 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 is a separate charge and optional to rent directly from Studio. For equipment rentals please submit your itemized wish list of grip, lighting or expendables to Studio at least 72 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. If the 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: Mackingwell Inc., Ryan McNamara and Jesse Curl. 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 Studio and their agents once it is in Renter’s possession and use, even if equipment is left on stage or overnight. If Renter places lights, vehicles, or any equipment (Grip, flags, electric, Et al) on public access or public property which includes sidewalk, street and alley, at their sole expense and arrangements must be permitted with the City of Los Angeles. If Renter receives a permit that does not include the sidewalk or street, which is known as parkway only, production cannot place anything on sidewalk or street. This process requires advance notice to City of Los Angeles. If Renter does not follow any and all city, fire or permit ordinances or laws, Studio has the right to stop production and force Renter to remedy the situation until Renter abides by all city regulations. Renter will be responsible for any and all damage, theft or missing gear that may arise while using equipment. Renter should note that they would be responsible for all equipment that is placed on the stage in which Renter is in possession of. If
any gear is not working or damaged when initially acquired, then Renter should notify Studio immediately. Renter cannot wait until the end of the day to notify Studio of prior damages, or claim that equipment was not working when they arrived at the Studio, or claim they did not use the piece or pieces in question. Also note, all equipment is tested by Studio 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.
18. POWER CHARGE.
Edison House power & 400 amps camlock are included for Renter's usage for all Standard Rate "Pre-Lighting" Or "Shoot Day Day" Rentals. Discounted Rates may be subject to diminshed power capacity as a result of discounted stage rate. Always confirm your power needs prior to the shoot day to avoid unneccsary surprises. charges are WAIVED for all non shoot day or pre-lighting day studio rentals. Additional CAMLOCK power exceeding 400 Amps at 120v will be billed as stated in the POWER RATE CARD. A 600 Amp Distro Box Can be Supplied with Rental
19. HOUSEHOLD SUPPLY FEE.
2-4 Restrooms will be stocked with soap, paper towels, and toilet paper with all standard rate "Stage 1," "Stage 2," & "Full Facility" rental types. 2 Restrooms will be guaranteed for any type of single stage rental and 4 restrooms will be stocked per Full Facility Rentals.
Renter is allowed to use the parking lot directly in front and back of the property at 316 Mira Loma Avenue, Glendale, CA 91204.
Studio premises must be cleaned and returned to the original condition in which they were presented and entered by client 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 $100.00 (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.
22. TRASH & WASTE REMOVAL.
All rentals include basic trash service, which includes the use of a single trash dumpster for catering and office trash only with one dumpster removal per week. All catering trash must be contained in heavy-duty trash bags provided by Renter 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. Building materials, art department materials, and set construction materials require a separate dumpster, additional waste removal service, and applicable fees. Disposal of hazardous materials in Studio 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 claims by Studio and additional charges associated with such claims for 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. Studio 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.
24. LOSS VALUATION.
Unless otherwise agreed in writing, Renter shall be responsible to Studio 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 Studio. 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.
25. 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 Studio and Property Owner 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 Studio 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 Studio.
26. INDEPENDENT PARTIES.
The parties hereto are acting as independent contractors and independent employers. Neither party shall encumber the other party with employment demands or restrictions. This Agreement is not intended to create, nor shall it be considered as creating, a joint venture or partnership.
27. 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 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. Any failure or delay caused by greater force 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 effecting 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.
This Agreement constitutes the entire understanding between the parties and may not be modified or amended orally but only by an instrument in writing signed by both parties. Any notices, concerns, or approvals required or permitted hereunder shall be properly given if in writing whether delivered in person or forwarded by mail, postage prepaid, addressed to Renter, Studio, and Property Owner at the addresses provided in Section 29.COMPLETION (or such other addresses as designated in writing by either party).
31. 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.
32. DEFAULT & TERMINATION.
Studio may revoke the License set forth in this Agreement at any time upon written notice. If notice in written form is not given, this agreement shall terminate 3 days after the date of the event provided all clean up and restoration work is completed. 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 Studio. At our option, we 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; 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. If Renter is in default, the Studio 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 Studio 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 Studio and Property Owner of any claim for trespass or damage caused by reason of the entry, repossession, or removal. After such default, Renter agrees to reimburse Studio 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. Notwithstanding any other provisions of this agreement, if Studio or Property Owner place all or any part of a claim against Renter in the hands of an attorney for collection, the prevailing party will pay, in addition to other sums that may be awarded, the other party’s reasonable attorneys 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 California. 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 California 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.
34. PRIOR AGREEMENTS.
This agreement supersedes and replaces any other prior agreement(s), written or verbal, regarding the subject matter hereof.
The parties have both read this entire agreement, agree to all its terms, and acknowledge a receipt of a complete copy of the Agreement signed by both parties. Each person signing below on behalf of Renter shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. Each undersigned individual represents that he or she is empowered to execute this agreement on behalf of their respective party: