Waverly Productions - Terms Of Service

BOOKING TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PLEASE NOTE A FEW SECTIONS BELOW ARE BINDING ARBITRATION; CLASS ACTION WAIVER, WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE.

RESERVATIONS

In order to secure a reservation, the client will provide Waverly Productions with a non-refundable 50% deposit, Signed Rental & Liability Contract, and Certificate of Insurance (required for Out Of House Equipment Rentals, Roof Top & Terrace Productions,) at least forty-Eight (48) Hours prior to the shoot date. Rental must be fully paid, and all documents must be signed prior to the booking date and time. Failure to complete or provide any information or paperwork at least twenty-four (24) hours before the date and time of your rental - will instantly forfeit your time slot and Deposit.

RESCHEDULING

Rescheduling must be in writing no less than 7 days prior to shoot. If not, the client forfeits the right to reschedule without additional fees.

If the client does not arrive, within one (1) hour of their reservation time, the client shall forfeit their reservation, deposit, and monies paid. If the client requires Waverly Productions to keep a reservation open for more than an hour, without attendance, the client will be charged the full amount on the rental agreement. This request must be in writing to our email studio@thisiswaverly.com

Waverly Productions reserves the right to cancel any reservation before the current start time and date, and during your rental. Under these circumstances, all studio rental fees will be refunded to the card and information on file if canceled before rental start date and time.

RENTAL HOURS

The studio rental rate is based on a 10-hour (full day) or Hourly. All standard hours are between 8 am - 10 pm, for after-hour productions between the times of 10 pm - 8 am shall receive an additional service charge of 25% on the total gross cost of your rental.

THERE ARE NO GRACE PERIODS

There are no grace periods for your rental. Your rental will start exactly at the start time requested and end promptly at the time request. Anytime spent over your rental period will be considered overtime and will be charged by the hour.

AFTER-HOURS

After-hour fees apply during the hours of 10 pm - 8 am. During this time frame, the studio price will be different. After hours will be charged at the discretion of the Studio Manager.

PAYMENT

Payment is due in full before the studio may be accessed. If any additional hours are added on to the shoot, you will automatically be billed and charged at the end of your rental. All clients will be charged tax unless the appropriate exemption forms are provided prior to booking.

INSURANCE REQUIREMENTS

In order to rent equipment, prior to the booked date, the Client shall provide Waverly Productions with a Certificate of Insurance. If the client use Waverly Production COI the fee would be 25% of the total rental cost. Waverly Productions using third party suppliers for our EQ list.

SECURITY DEPOSIT

If the client cannot meet these insurance requirements, they may be required to provide a security deposit, and/or leave a credit card on file for all totals equal to the replacement cost of their rental. Any additional credit card fees accrued by Waverly Studios will be charged to the client.

INDEMNIFICATION ON PREMISES

Waverly Productions shall not be responsible or liable to Client, or any person claiming, by, through, or under Client, for any loss or damage to any property or business on the premises. Waverly Productions shall not be responsible for any accident or injury, including death, to any of Client's employees, agents, or invitees in or about the Demised Premises.

Waverly Productions
48-05 Metropolitan Ave, Unit 4-17, Queens NY 11385

studio@thisiswaverly.com

The client agrees to indemnify and hold harmless Waverly Productions, its officers, directors, partners, employees, and agents of the Demised Premises or any portion thereof, from and against any and all claims, actions, damages, liabilities, losses, costs, and expenses, including attorneys' fees.

Copyright Complaints: Waverly Production respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement toward Waverly Productions, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

You may also contact us by mail at:
Waverly Productions
48-05 Metropolitan Ave, Unit 4-17, Queens NY 11385

studio@thisiswaverly.com

LIABILITY & GRANTS

The client hereby accepts full responsibility for the replacement costs of any damages caused during their time in our studio. The client also grants Waverly Productions the right to repost any productions produced in the studio without written notice or consent from the client. These forms of media include all forms of media, videos, voice-overs, and behind the scenes content.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WAVERLY PRODUCTIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WAVERLY PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WAVERLY STUDIOS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WAVERLY STUDIOS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, SHALL NOT BE ACCESSIBLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IN CASE OF EMERGENCY

In the case of an emergency. Call 911 first, to ensure emergency services are on their way before contacting the studio manager both via phone and email of the current incident.

STUDIO SECURITY & SURVEILLANCE

The client hereby accepts Waverly Production has the right to protect its property with video and audio surveillance. The client also grants Waverly Productions the right to record their entire rental and usage of the space in both video and audio formats, they also understand all video and audio recordings are private and may only be viewed by the Waverly Productions team; unless, required by law. All recordings will be kept on file for a minimum of 24 hours to a maximum of 120 days from the day of your booking.

STUDIO ACCESS

Waverly Productions may be using a Master Lock Automated box to gain access to the building , amenities, and studio space. Due to the nature of the lock, you maybe requested to download the an app from the Apple or Google Store. In these cases you will be restricted from opening the LockBox prior to your rental time specified. The key will need to be returned to said lockbox within 30 minutes after the rental is completed. Failure to do will result in a charge of an hour to your current rate.

ELEVATORS

Waverly Productions has three (3) Automatic elevators - Two (2) Passenger & one (1) Commerical Freight Elevator. All elevators are available for use during the course of your rental; however, the client will need to notify Waverly Productions if the plan to use the freight Elevator. Elevator usage must be limited to the maximum time of thirty (30) minutes.

Please note: Due to high demand you may need to wait for usage, so we recommend you provide the allotted time for setting up and breaking down during your production. Waverly Productions will not be responsible for any overtime fees due to the lack of access to said elevators.

STUDIO RULES

Anyone under the age of 18, must be accompanied by a legal guardian during their booking time, from start to finish.
Please make sure to clean up after your booking. This includes all trash, placing equipment & supplies in their designated area, and cleaning up any spills or accidents before your time is up. Failure to do this will result in cleaning fees. Cleaning will be billed at current industry rates.
Please DO NOT MOVE any furniture within the space from the there designated area.
Make sure to place all stools, lighting equipment, ladders, and all other studios' property back where you found them.
There is absolutely NO SMOKING, DRINKING (Alcohol), or DRUG USAGE within the studio or building. If you have to smoke please feel free to do it outside the building. Failure to do so will result in a cleaning fee of $250 Minimum on the card we have on file accordingly.
DO NOT tamper with security cameras, internet, signage, or storage instructions throughout the space.
Waverly Studio has the right to place cameras in our facility. This system is meant for security purposes. Any video or audio content recorded can not and will not be shared, distributed, or sold to any first, second, or third party unless required by law, or to prove damage claims.
Please ensure you lock the door after your studio rental is completed. Failure to do so may result in lost, stolen, or damaged equipment that you will be responsible for.

No Glitter, Powder, or paint Usage. Use of any hard to clean materials have to be approved in advance. A deposit maybe required.

Cyclorama comes as is, if you wish to have is repainted, please request in advance. A repainting fee will be charged.

Finally, HAVE FUN & CREATE SOME AMAZING ART!

MISCELLANEOUS

The client will be provided with 1 Fab to access the building, floor, studio, and its amenities. An extra fab is available and will be billed at $100/each. If Fabs are lost or stolen, the client agrees to pay $150 for each Fab being replaced. The client understands all access codes to the building are 100% confidential, and must not be shared.

This Studio Booking Confirmation and the use of the studio contemplated herein shall be exclusively governed by and construed in accordance with the laws of the State of New York. This Studio Booking Confirmation contains the entire understanding between the parties and supersedes any prior agreements or understandings whether written or oral.

This Studio Booking Confirmation may not be modified or amended except by an agreement in writing executed by both parties - Client must notify the studio at least 72 hours prior to booking for any changes. Waverly Productions does not authorize its agents to sign any 3rd party agreements on its behalf.

On the day of the shoot, the client will be provided with painters/scotch tape (free of charge) to use during their shoot if a seamless paper is rented. Any other tape (including but not limited to gaffers/duct/packing/ bondage/ electrical/gorilla/stagecraft) is not permitted to be used as damage to the studio may occur. If damage does occur the client will be charged a painting and repair fee at the current industry rate.

The Client hereby agrees to the above terms and acknowledges that you have read the following terms of service. Your usage of the space shall constitute your agreement for this rental.

WAVERLY MEMBERSHIPS & PRE BOUGHT HOURS

All Waverly Plans purchased are Final Sale - there are no refunds for the memberships. All Payments must be paid on time - otherwise, you will be restricted from access to the studio space until all balances are paid and up to date.

Membership hours will start on the 1st ( first) of every month and shall end on the last day of each month. Hours must be used in totality during each period, or member will forfeit the remaining hours for that said month. Hour(s) do not rollover.

In cases the member would like to cancel their membership early, a 30% service charge for the remaining balance may be applicable.

Waverly Productions is not responsible for any money lost if the studio should close unexpectedly or expectedly during the course of your membership or if you have purchased from our Pre-Bought Hours plan and is not obligated to refund the difference for any reason. In such a case all monthly payments shall stop instantly, and/or hours can be used up until the last day the studio is operational, but past charges will not be refunded.

Please Note: All Waverly Memberships are a 2 Month Minimum Commitment, and shall auto-renew as a monthly commitment thereafter until canceled. Membership hours cannot be used by any third party not listed on the Membership form and will be structured at a maximum of four (4) individuals per membership.

All Waverly Memberships Cancelation must be sent in writing before the 1st of any month to our email: Studio@thisiswaverly.com.

Member also agrees that Waverly Production has the sole right to adjust, increase, or decrease Membership pricing, hours, and plans at our sole discretion. Waverly productions agrees to give a 30-day notice to any change to our Membership Plans. If you should have any additional questions regarding our membership plans we suggest you email studio@thisiswaverly.com

MULTI-PERSON MEMBERSHIPS

All multi-person membership is allowed to have up to four (4) people. This membership will be charged on one card for the full total; however, all parties' personal, contact, and ID information will be collected. All parties are responsible for their own personal liabilities, and extra hours used for each and every rental. Please note: we will charge the card on file 50% of the total value for all additional hours before we confirm any rental dates.

WAVERLY CLASSES & EVENTS

All Waverly Classes and Event purchased are Final Sale
You agree that you are solely responsible for your interactions with any other user in connection with the Service and MasterClass will have no liability or responsibility with respect thereto. Waverly Productions reserve the right to ask all parties involved to leave the building but have no obligation, to become involved in any way with disputes between you and any other user of the Service.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WAVERLY PRODUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WAVERLY PRODUCTIONS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Waverly Productions may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Waverly Productions has no control over such sites and resources and Waverly Production is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Waverly Productions will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third-party, and you agree that Waverly Production is not liable for any loss or claim that you may have against any such third party.

REFUNDS

All Sales are Final: Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace. Refunds are not available for Clients that have violated the terms of service; violations are determined at Waverly Productions sole discretion. We reserve the right to suspend or terminate your rentals, events, and Memberships, plus restrict any and all current or future use of the Service without delivering a refund.

TERMINATION OF SERVICES

You agree that Waverly Productions, in its sole discretion, may suspend or terminate any Membership, Class, Event (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation to if we believe that you have violated or acted inconsistently with these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Waverly Production, and may be referred to appropriate law enforcement authorities. Waverly Productions may also in its sole discretion and at any time discontinue providing any Services or Rental, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Waverly Production may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Waverly will not be liable for any monetary loss to you or any third party for any termination of your access to the Service.

COVID - 19

Due to the current pandemic of Covid-19. Waverly Production will not be responsible for any health issues that may arise from using our services - YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

CHANGES

Waverly Productions reserves the right to Updates our Terms Of Service without Notice. For each booking, you will need to reread our terms of service of any possible changes.