TERMS & CONDITIONS – EVENTS

PROVISIONS OF AGREEMENT

The Client shall have use of the full studio to execute their event. The Client is responsible for their own execution. No decor or other materials will be provided, except for what is already available in the studios. 

The rental time as outlined in this contact includes the event set up and clean up. Overtime charges shall be incurred if the Client does not adhere to this. 

NO food or drinks are allowed in the studio, unless special permission has been obtained for an exception to be made. Refreshments can be kept and consumed in the reception area. 

NO decorations of any kind are allowed to be put on the walls of the studio, as any adhesive material will cause damage which will result in additional charges to the Client, for the purpose of repairing any such damage. 

The studio shall be fully inspected by a studio attendant 15 minutes before the specified End Time of the event, to ensure that it is left in proper condition. 

Clients nor guests are permitted to enter the storage room for any reason, at any time. 

RESPONSIBILITIES OF CLIENT

A complete list of attending guests must be submitted to the Provider at least 72 hours prior to the date of the event. 

The Client is responsible for cleaning up after the event and leaving the studio in the same order as it was on arrival. 

The Client must ensure the health and safety of the guests attending their event; the Provider is not responsible and shall not be held liable for any injuries incurred or any health related issues that may arise during or following the event. 

All permits and permissions required for the event to provide the services, whether for location, personal release or any other cause, are the responsibility of the Client to obtain

TERM OF CONTRACT

The Term of this Contract will begin on the date and time specified in section one (1) of this Contract and will remain in full force and effect until the specified End Time.

In the event that either Party wishes to terminate this Contract, that Party will be required to provide 10 business days’ written notice to the other Party, prior to the specified event date. Please note that the Reservation Fee is non-refundable in any circumstance. 

In the event that either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages. 

It is understood and agreed that the Provider will have no liability to the Client or any other party for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision of the Services. 

The Provider shall not be responsible if its performance is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, any acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labour or materials, laws or governmental restrictions which conflict with the terms of this agreement, or any other matter beyond the reasonable control.

COMPENSATION / FACILITIES / REIMBURSEMENT OF EXPENSES / PENALTIES FOR LATE PAYMENT 

The Compensation amount as outlined in section one (1) of this contract includes all applicable sales tax and duties as required by law. 

A 50% non-refundable deposit must be paid by the Client to the Provider upon signing of this Agreement. The Amount Due at signing, as defined above, is a Reservation Fee. Upon receipt, the Provider will reserve the time agreed upon for the Event Date, and will not make another reservation for the agreed upon time. For this reason, the Reservation Fee is non-refundable.

The Balance must be paid on the date of the event, or prior to. Set up will not be allowed to begin until the full amount has been received. 

After one week, 5 business days, payments will be considered late. Late payments will trigger a fee of 10.00% per week on the amount owing.

A refundable deposit of $500.00 must also be paid at the time of contract signing or together with the Balance on the date of the event

CONFIDENTIAL INFORMATION

Confidential information refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. 

The Parties each agree that they will not disclose, divulge, reveal, report or use confidential information belonging to the other Party which they have obtained through the operation of the Contract, except as authorized by that Party or as required by law. 

The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract. 

EXTENUATING CIRCUMSTANCES

Extenuating Circumstances refer to any situation in which service as usual is disrupted. In the event of an extenuating circumstance no refunds will be issued; however, the Provider will work with the Client to reschedule services

Extenuating circumstances include, but are not limited to: unsafe weather conditions, illness, personal emergencies. 

RETURN OF PROPERTY 

Upon the expiry or termination of this Contract, the Provider will return the deposit amount to the Client, with possible deductions for clean up or damage repair, should it be required. The Client will also return any loaned supplies and/or equipment to the Provider. 

CAPACITY

In providing the Services under this Contract it is expressly agreed that the Provider is acting as an independent contractor and not as an employee. The Provider and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for the specified service. 

NON-EXCLUSIVITY

The Parties acknowledge that this Contract is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services. 

NOTICE

All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered via airmail or electronic means. 

INDEMNIFICATION

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.

LIMITATION OF LIABILITY

To the full extent permitted by law, the Providers’ entire liability under this agreement or in any way related to the services or deliverables provided hereunder will be limited to direct damages in an amount equal to the fees paid by the Client pursuant to this agreement, up to the Total Amount defined above. the Provider will in no event be liable for: (i) any special, punitive, indirect, incidental or consequential damages arising from or related to this agreement or in any way related to the services or deliverables provided hereunder; or (ii) any loss of data or data use (including as a result of a virus), corruption of data, or claims by any third party. The above limitations shall apply even if the Provider is advised, or may reasonably supposed to have been aware of the possibility of such damages in advance.

MODIFICATION OF CONTRACT

Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party

TIME OF THE ESSENCE

Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision

ENTIRE AGREEMENT

This is the entire agreement between the Provider and the Client and supersedes all proposals, oral and written, and all previous negotiations and communications between the parties with respect to the subject matter of this agreement. Each party acknowledges that, in entering into this agreement, it does not rely on any statement, representations, assurance or warranty (whether it was made negligently or innocently) of any person ( whether a party to this agreement or not) other than as expressly set out in this agreement. This agreement cannot be altered without written consent of both the Provider and the Client. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.

GOVERNING LAW

This Contract will be governed by and construed in accordance with the laws of the Province of Ontario. 

Digitally signing this agreement has the same effect as manually signing a paper original.

SEVERABILITY

In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.

WAIVER

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

HEALTH SAFETY POLICIES – COVID-19 REGULATIONS

The Client is responsible for screening their guests for any symptoms related to Covid-19 prior to them entering the venue. 

Hand sanitizer and face masks must be provided by the Client at their event. 

The Client must ensure that they and their guests act in accordance with recommendations from Health Canada.