Thank you for choosing Elevated Studio.  We recognize you have many options for your photography shoot and appreciate you selected Elevated Studio for your session.  Please take the time to read the policies, terms and conditions governing your use of the studio which have been thoughtfully outlined to allow for a safe and enjoyable experience for everyone enjoying the studio.

1.    Entire Agreement.  This Agreement (herein so called) is entered into by you (the “Client”) and Elevated Studio (the “Studio”) and is the entire agreement between Client and Studio.  This Agreement supersedes all prior verbal or written agreements made by either party hereunder.  Client agrees to be present for the entirety of the Reservation and held responsible for any incidences or damages that occur in the Studio, regardless of accident or intention.

 2.    Reservation.  By creating a Reservation (herein so called) through the Studio’s calendar and payment system, Client has created a short-term license to use the Studio for the allotted amount of time selected when creating the Reservation and does not have any rights as a Client or lessee of the Studio.  Client’s Reservation begins promptly at the designated start time and ends promptly at the designated end time.  Reservations must be scheduled to be inclusive of any necessary set up, breakdown and cleanup. 

 3.    Late Fees.  Client agrees to be charged any and all Late Fees (herein so called) for failing to fully vacate the Studio of all persons and property promptly at the end of the Reservation.  Late Fees will be charged to the original form of payment used by Client to create the Reservation at the rate of $10 per minute beyond the Reservation.  For example, Client’s Reservation ends at 5:00PM and client has exited at 5:20PM, Client will incur a Late Fee of $200 charged to the original form of payment.

 4.   Changes and Cancellation.  Client can change or cancel your Reservation with no additional charge up to 8 hours before the beginning of the Reservation by using the Studio’s reservation system. If the Reservation is canceled 72 hours before the start time, Client will receive a Credit (herein so called) in the original dollar amount spent at the time of the original Reservation that can be applied towards a future Reservation with the Studio. The Credit will expire 18 months from the date of the original Reservation. REFUNDS WILL NOT BE GIVEN AT ANY TIME FOR ANY REASON.

 Client’s will be able to use the Credit toward a new Reservation by using the Studio reservation system a maximum of one time per Credit.  Reservations that are booked with Credit may be canceled but will not be eligible to receive a new credit code.   

 5.    Damage and Cleaning. Client is responsible for any damage to the Studio including spills, scratches, excessive wear, marks or stains on furniture, fixtures, floors and/or painted surfaces. The Studio and all furnishings and equipment therein must be left in the Studio clean and in good working condition, normal wear and tear excepted. Trash should be in trashcans, equipment returned to its original place, and any larger trash disposed of in the outside dumpster. If the Studio is not vacated and in the same condition as from the beginning of the Reservation, Client agrees to pay, as applicable (i) a minimum of a $100 cleaning fee (calculated by the number of hours required to clean the Studio charged at $100 per hour); and (ii) the cost to repair and replace any damage done to the Studio and the furnishings and equipment therein caused by Client.

Upon entering the Studio, if Client discovers any damage to the Studio, furniture, fixtures and/or equipment, it is Client’s responsibility to notify the Studio within 10 minutes of the start of the Reservation to avoid penalties. 

6.    Restrictions and Limitations. Client agrees to be present and held liable for upholding the policies of the Studio for the entirety of the Reservation regardless of the presence of a representative of the Studio.  The Studio or it’s representative may immediately terminate the Reservation if Client breaches applicable local law or any of the restrictions and limitations outlined below: 

·        All children under the age of 18 must be supervised at all times.

·      Confetti is permitted in the Studio only with express written permission from Studio and Client agrees to clean and discard in trashcans after use.  Glitter, powders or similar objects being thrown is strictly prohibited (glitter makeup worn on the face is acceptable).

·     Flammable candles, smoke machines, fireworks or similar objects (including sparklers) are prohibited.  Items that have potential to set off the fire alarm or sprinkler system are prohibited.

·        Nails, tacks or staples may not be used on the walls or woodwork. If tape is used, it must be painter’s tape.

·      Smoking is prohibited in the Studio and within 25 feet of all building entrances, exits, windows and air vents. Projects involving smoke machines must have our approval prior to reserving the Studio.

·        No illicit drug use is permitted, and the Studio reserves the right to terminate the Reservation immediately without refund if such activity occurs.

·        Studio is located in close proximity to professional businesses.  Music or other sound must not be audible beyond the walls, doors, and windows of the Studio.

·        Client does not have any rights to the Studio as a Client and may not sell, transfer or sublease the Studio to any third party.

Studio representatives may monitor all activities in the Studio and have the authority to enforce this Agreement. A Studio representative may terminate this agreement at any time if the event this Agreement has been breeched and no refund will be given.

7.        Boudoir Photography. Tasteful boudoir photography is permitted in the Studio with advance notice.  Client acknowledges and agrees that any and all boudoir photography sessions follow all applicable local, state and federal laws.  Pornographic or sexually explicit activity is strictly prohibited at any and all times while Client and any of Client’s representatives are in the Studio or anywhere on the property where the Studio is located.  Client acknowledges and agrees that Client and any of Client’s representatives are aware the Studio has large windows, near residential buildings and share walls with other tenant on the property.  Should any pornographic or sexually explicit activity occur during a Reservation, Studio has the right to immediately end Client’s session and Client and all of Client’s representatives and property will be required to be immediately removed from Studio and property where the Studio is located. 

 8.    Warranties and Remedies.  Studio represents and warrants to client that it shall use commercially reasonable efforts to provide the Studio at the time and location reserved by Client and that the Studio, inclusive the furnishings and equipment therein, shall be in good working order.  Subject to Studio receiving proper notice of any defective or deficient Studio space or furnishings and equipment in accordance with this Agreement and verification of such defect or deficiency, Studio shall, in its sole discretion, either: (i) provide a credit towards a future Studio booking; or (ii) refund the price paid by Client for such reservation at the pro rata rate based upon the severity of the defect or deficiency. THE REMEDIES SET FORTH IN THIS PARAGRAPH SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND STUDIO’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS PARAGRAPH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM STUDIO OR THROUGH OR FROM THE USE OF STUDIO’S WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT FOR THE WARRANTY SET FORTH IN THE FIRST SENTENCE OF THIS PARAGRAPH, CLIENT’S USE OF THE STUDIO IS AT CLIENT’S SOLE RISK AND ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND STUDIO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE STUDIO, ANY FURNISHINGS OR EQUIPMENT THEREIN, OR THE USE AND RESULTS THEREOF, INCLUDING (A) ANY WARRANTY OF MERCHANTABILITY; (B) THAT CLIENT’S USE OF THE STUDIO WILL MEET CLIENT’S REQUIREMENTS; OR (C) THAT CLIENT’S USE OF THE STUDIO WILL BE UNINTERRUPTED; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON WARRANTY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

The sole remedy for any actions or claims by Clients, including, but not limited to, claims for breach of contract or negligence, shall be limited to a refund, the maximum amount not to exceed the total monies paid by Clients under this Agreement.

 9.    Indemnification.  Clients shall indemnify, release, discharge and hold harmless Studio, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Studio from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Studio may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Studio pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Studio.

To the fullest extent permitted by law, Client agrees to indemnify, defend, and hold harmless Studio, the landlord of the Studio, and each of their owners, officers, agents, employees, successors and holds Studio free for, from, and against any and all liabilities, claims, damages, losses, suits, judgments, causes of action, liens, fines, penalties, costs, and expenses (including but not limited to, court costs, attorneys’ fees, and costs of investigation), of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (in whole or in part): (i) the use and occupation of the Studio and the parking lot and common areas associated therewith; (ii) any act or occurrence on Studio and the parking lot and common areas associated therewith or any part thereof; (iii) this Agreement or the performance by Client of its obligations hereunder; or (iv) any act or omission of the Studio (hereinafter collectively referred to as “Claims”), even if such Claims arise from or are attributed to the concurrent negligence of any of Studio.

 10.    Food and Alcohol.  Food and beverages are permitted in the space during Client’s Reservation.  Client is solely responsible for cleaning any spills and discarding remnants (i.e., leftover food and containers) in appropriate trash bins.  At no time shall alcohol be served or consumed in the Studio or on the property wherein Studio is located.

 11.   Model Release and Age.  Client is solely responsible for verifying that all photographic subjects are of legal age.  Studio has no responsibility to determine or verify the age of participants in the Client’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities if Studio becomes aware that legal age violations are occurring.  Client also represents and warrants that it has obtained necessary model releases from their photographic subjects and/or parental authorization for subjects under the age of 18. 

 12.   Force Majeure.  Neither Studio nor Client shall be liable or responsible to the other, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within three days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue.  Remedies for a Force Majeure event shall be limited to the amount of the Reservation paid by Client.

 13.   Returned Checks/Chargebacks.  By using the Studio’s booking and payment systems, Client acknowledges and agrees that all monies paid are fully non-refundable.  Should a dispute arise between Client and Studio, remedies are limited to credits in the amount paid by Client to be used towards future uses.  Client agrees any chargebacks initiated by Client will be null and void via this Agreement. 

14.   Venue & Jurisdiction.  This Agreement shall be governed by and construed in accordance with the laws of the State of Texas including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Studio and Client agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Houston, Texas. Studio and Client assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

15.  Severability & No Waiver.  In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

 We appreciate you choosing Elevated Studio. If you have any questions that are not answered in the terms and conditions below or in the FAQ, do not hesitate to contact us.