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.
In order to secure a reservation, the client will provide Waverly Studios with a non-refundable 50% deposit, Signed Rental & Liability Contract, and Certificate of Insurance (required for Out Of House Equipment Rentals) prior to the shoot date. Rental must be fully paid, and all documents must be signed prior to booking date and time. Failure to complete or provide any information or paperwork at least 24 hours before the date and time of your rental - will instantly forfeit your time slot and Deposit.
Cancellations and rescheduling must be in writing, no less than 72 hours prior to shoot. If Waverly Studios receives no written notice of cancellation, the client shall forfeit their deposit and/or rental fee.
If the client does not arrive, within 1 hour of their reservation time, the client shall forfeit their reservation and deposit. If the client requires Waverly Studios to keep a reservation open for more than 1 hour, without attendance, the client will be charged the full amount on the rental agreement. This request must be in writing to the studio.'
Waverly Studios reserves the right to cancel any reservation before the current start time and date. Under these circumstances, all studio rental fees will be refunded to card and information on file.
The studio rental rate is based on a 10-hour (full day) or a 5-hour (half-day). 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 50% 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 on the time request. Anytime spent over your rental period will be considered overtime and will be charged in 30-minute segments up until the first hour, and hourly after that. The charge will be billed at current studio rates + 20% service charge and will continue until the client reaches an accumulative of 10hrs (full day), after 10 hours the studio will be charged at 2x current studio hourly rental pricing, for members and non-members alike.
After-hour fees apply to during the hours of 10 pm - 8 am. During this time frame, the studio price will be doubled from an hourly and/or package pricing. After hours will be charged at the discretion of the Studio Manager (before 8 am or after 10 pm). This rate does not include taxes or any additional fees incurred during extended business hours.
Payment is due in full before or on the studio rental date before the studio may be accessed by the client. If any additional hours are added on to the shoot, that budget will be added on automatically billed to your total Remaining Balance at the end of your production. * All clients will be charged tax unless the appropriate exemption forms are provided prior to booking.
In order to rent equipment, prior to the booked date, Client shall provide Waverly Studios with a Certificate of Insurance evidencing Client's maintenance of a policy of comprehensive insurance, in the amount of $100,000.00 per occurrence.
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 Studios 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 Studios 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.
The client agrees to indemnify and hold harmless Waverly Studios, 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 Studios 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 Studios, or that your intellectual property rights have been otherwise violated, you should notify Waverly Studios s of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail at:
75 Stewart Ave, Suite 300, Brooklyn, NY 11205
LIABILITY & GRANTS
The client hereby accepts full responsibility for the replacement costs of any damages caused during their time in Waverly Studios. The client also grants Waverly Studios 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 STUDIOS 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 STUDIOS 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 Studio has the right to protect its property with video and audio surveillance. The client also grants Waverly Studios 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 Studio 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.
Waverly Studios will be using a Master Lock Automated box to gain access to the building's 3rd floor, amenities, and studio space. Due to the nature of the lock, you will be requested to download the MastLock App from the Apple or Google Store. You will not be able to receive your temporary code unless this is done. You will also 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 half of our current hourly rates to the debt and/or credit card on file for incidentals.
Waverly Studios has two (2) manual powered elevators - One (1) Freight & one (1) Commerical Warehouse Elevator. Both elevators are available for use and must be requested 24hours before your rental date and time since they are manually controlled. Elevators are not allowed to be held for more than 15 - 20 minutes at a time and will need to be brought back up to the third floor after you've finished with them. Please note: Due to high demand you may need to wait for usage, so we recommend you provide allotted time for setting up and breaking down during your production. Waverly Studios will not be responsible for any overtime fees due to the lack of access to said elevators.
The Freight Elevator is operational Monday - Friday between 9 am - 5 pm only. - Fee: $250.00
The Commercial Warehouse Elevator has 24/7/365 access. - Fee: $0.00
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.
Finally, HAVE FUN & CREATE SOME AMAZING ART!
The client will be provided with 1 Fab to access the third floor, the studio, and it's amenities. Extra Fab is available and will b 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 Studios 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 (minimum of $150.00).
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.
All membership 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 shall be applicable.
Waverly Studios is not responsible for any money lost if the studio should close unexpectedly or expectedly during the course of your membership, and is not obligated to refund the difference for any reason. In such a case all monthly payments shall stop instantly, but past charges will not be refunded.
Please Note: All Waverly Memberships are a 6 Month Minimum Commitment, and shall auto-renew as a monthly commitment thereafter until canceled. Membership hours cannot be used by any third party and will be structured as one person 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 Studio has the sole right to adjust, increase, or decrease Membership pricing, hours, and plans at our sole discretion. Waverly Studios 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 firstname.lastname@example.org
All multi-person membership is allowed to have up to 2 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 studios 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 STUDIOS 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 STUDIOS 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 Studios may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Waverly Studios has no control over such sites and resources and Waverly Studios is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Waverly Studios 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 Studios is not liable for any loss or claim that you may have against any such third party.
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 Studios s sole discretion. We reserve the right to suspend or terminate your Rentals 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 Studios, in its sole discretion, may suspend or terminate Andy 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 Studios & it’s, may be referred to appropriate law enforcement authorities. Waverly Studios 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 Studios 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 Studios 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. The following regulations have been applied to every rental: No more than 10 people are allowed in the space at a time, a mask is required for each person, and we ask that everyone practices social distancing (6ft is suggested). Waverly Studios 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.
Waverly Studios 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.