Terms & Conditions

Studio Use Agreement

This Studio Use Agreement (the “Agreement”) is entered into by and between Cabin House LLC, a Colorado limited liability company (“Cabin House”) and (the “Client”), whose name and address are outlined in the Confirmation Email for use of Cabin House’s Studio located at 7131 Irving Street, Westminster, CO 80030 (the “Studio”) and services in connection therewith which are specifically enumerated in the Agreement. In consideration of the foregoing and the payments and other mutual promises set out below, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Cabin House hereby grants to the Client a limited and revocable license to use the Studio for Client’s Booking, subject to the terms hereof. 

Studio Use Term

The term of Client’s use of the studio will commence and end on the dates and times enumerated in the Confirmation Email (the “Term”). Client agrees that Cabin House grants only a license to use the Studio, and Client shall have no right to enter the Studio for any reason prior to the date and time enumerated in the Confirmation Email, nor to remain in the Studio for any reason past the date and time scheduled therein. Client shall allocate appropriate time for set-up and striking to ensure Client and all of Client’s belongings are removed from the Studio by the time enumerated therein. If Client shall enter the Studio before the date and time enumerated therein for Client’s rental to commence, Client shall be deemed to have rented the Studio for an additional period of time of at least two hours. If Client fails to vacate the Studio by the time enumerated therein for Client’s rental to terminate, Client shall be liable for a penalty of 1.5x the hourly rate in one hour increments for every one to thirty minutes that Client or Client’s belongings remain in the Studio past the agreed upon termination time. Client agrees and acknowledges that the Studio can only be rented in one-hour increments and Cabin House requires a minimum booking of at least two hours for the Nest studio and a minimum booking of at least four hours for all other studios.

Studio Use Fees

The Studio Use Fee (the “SUF”) includes any services provided by Cabin House hereunder and all items, equipment, and/or personal property rented to the Client. Payment of the SUF shall be as follows:

Full payment of the SUF are due at time of booking. All payments due herein shall be made using an on-line payment option (Credit/debit card, ACH) And any standard “service fees” are included in the total fee. If payment must be made via check, a cashier’s check should be sent in advance to be deposited and cleared 7 days prior to the production start date.

If, on Client’s Booking date, the client wishes to extend their Booking for any reason, Client will make arrangements with the studio manager ahead of time any additional charges agreed to will be charged to the card on file. If the Client fails to pay the SUF or otherwise cancels the reservation for any reason, Cabin House may unilaterally terminate this Agreement, revoke the license granted herein, and keep any sums paid by the Client up to the date of termination as liquidated damages. The parties hereby agree that such amount is a fair and reasonable estimate of the total detriment and damages that Cabin House would suffer in the event the Client fails to make full and timely payment of the SUF or cancels the booking for any reason.

Credit Card Guarantee

The Client agrees to provide a valid credit number (and other customary information required to process a credit card transaction) to Cabin House upon execution of this Agreement. The Client hereby authorizes Cabin House to charge any fees, costs, expenses or charges incurred under this Agreement, or any other sums due hereunder, to the credit card Cabin House has on file for the Client in the event that repair and/or excessive cleaning is required (in the sole discretion of Cabin House) after the Booking to return the Studio to such condition as it existed prior to the Booking.

Cancellation & Rescheduling

If the Booking is canceled by Client 24 hours or less after execution of this Agreement, all fees will be fully refunded. Cancellation by Client more than 24 hours after execution of this Agreement will result in forfeiture of the full SUF. If the Booking is canceled more than 72 hours before the scheduled start time of Booking, the full SUF can instead be applied to a new date, subject to Company availability and at Company’s discretion. If the Booking is canceled less than 24 hours before the scheduled start time of Booking, 30% of the SUF will be fully forfeited. The remaining SUF can be applied to a new date, subject to Company availability and at Company’s discretion.  Client recognizes that the foregoing cancellation policy is not intended to be punitive, but instead reflects Cabin House’s foregoing actual or potential business opportunities in reserving the Studio for other clients and diminished ability to rent the Studio within 72 hours or less prior to Client’s scheduled rental date.

Booking Capacity

The total number of guests in the space at one time during the booking will not exceed the capacity detailed on the Client’s Booking Confirmation email (the “Total Booking Capacity” or “TBC”). The TBC includes all persons at the Booking, i.e., all guests, vendors, photographers, Company personnel, and any other persons present at the Booking. Cabin House reserves the right to refuse admission to the Studio to all persons in excess of the TBC.

Use and Return of the Studio

Cabin House will make the Studio available to the Client on the Booking Date in conformance with the specifications set forth in the Confirmation Email. The Studio will be provided “as is and with all faults” with Client accepting all defects, if any. Cabin House makes no representations or warranties regarding the suitability of the Studio for the Client’s intended use. Cabin House makes no warranties (express, implied, or statutory) as to any matter whatsoever addressed in this Agreement, including the provision of services by Cabin House, the condition of the Studio, its merchantability, its capacity, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts. 

The Client will leave the Studio in the same or similar condition as it was delivered to the Client. Any outside materials brought to the Studio by the Client or any third party on the Client’s behalf must be removed by the end of the contracted Booking term. If applicable, the Client will return all rented equipment and personal property in the same condition as it was provided to the Client.

Damages

The Client shall be responsible for any damage caused to the Studio beyond ordinary wear and tear. If the Studio is not left in the same condition, the Client’s credit card on file will be charged a $250 cleaning fee, plus any additional applicable expenses. Any damage to the cyclorama wall will result in the Client’s credit card being charged for the cost of repair plus an automatic $200 repainting fee. 

The Client will also be responsible for all consequential damages that may result in Cabin House’s inability to operate.

The Client hereby authorizes Cabin House to charge the Client’s credit card on file for any and all amounts due under this section.

Equipment Damage or Loss

The Client is responsible for all loss, damage, or destruction of Cabin House equipment or personal property provided for the Booking. The Client will be responsible for the replacement cost value or repair cost of the equipment. The Client will also compensate Cabin House for the loss of use of any equipment during the time it is being repaired or replaced. The Client is not responsible for loss or damage to equipment caused by Cabin House’s sole negligence or misconduct.

Prohibited Items 

The following are prohibited at the Studio: (i) nails, staples, glues, screws, tacks, or the like on the walls, ceilings, or floors; (ii) holes in the walls, partitions, ceiling, or floors; (iii) painting of any signs, placards, or other advertising, banners, pennants, awnings, or the like; (iv) sparklers, fireworks, or pyrotechnics of any sort; (v) hazardous, poisonous, or flammable materials; (vi) open flames, grills, or heating elements of any kind, (vii) glitter, rice, confetti, silk flower petals, bird seed, or silly string; (viii) drugs of any kind, including recreational marijuana; and (ix) smoking of any kind, including vaporizers. Clients may smoke outside on the east side of the Premises where an ashtray is provided.

Food & Beverage

Client may not cook on site (except when Booking includes the Cabin House Kitchen Studio as part  of the Agreement) but may bring pre-made outside food. Any deliveries and pickups must be scheduled during the Booking and must be made at designated access points only.

Client Conduct

The Cabin House Premises is a shared studio and Cabin House maintains a professional environment for all who use it. Client shall be solely responsible for the conduct and welfare of all persons accompanying Client while on the Cabin House Premises. Client agrees that a Cabin House representative may, at Cabin House’s sole discretion, be present at all times during Client’s Production. If the representative observes or otherwise becomes aware of dangerous, pornographic, illegal or negligent practices or activities, the representative reserves the right to stop the shoot and may require Client and Client’s party to leave immediately. The authorities will be alerted to any illegal activities witnessed by the Cabin House representative. In such case no refund will be given for unused time. However, Cabin House and its representatives assume no affirmative responsibility to act in such cases. 

Client, on behalf of itself, its employees, officers, directors, members, contractors and models, hereby agrees to abide by all the Cabin House Rules at all times while Client and Client’s party are on the Cabin House Premises. Failure to abide by Cabin House may result in immediate expulsion from the Cabin House Premises, without refund. 

Safety and Security

Any disorderly conduct during the Booking will be grounds for immediate termination of the Booking. Cabin House reserves the right, but assumes no duty or obligation, to take any necessary action, including termination of the Booking, to protect the safety and well-being of the Studio and all guests and personnel at the Booking. The Client will ensure that the Booking is operated in a safe and secure manner at all times. Children 16 years or younger must be supervised and accompanied by an adult at all times.

Cabin House reserves the right, but assumes no duty or obligation, to refuse admission to any person into the Studio or to eject any person from the Studio whom it believes, in its sole judgment, may cause disruption, disturbances, endanger life, or cause bodily injury or in any way affect the safety and security of the Studio, Cabin House’s employees, staff, personnel, or the Client's guests. The Client, on behalf of itself and its guests, hereby waives any and all claims for damages against Cabin House, its officers, agents, employees, and contractors, resulting from the exercise of this authority.

Cabin House is not responsible for the loss, theft, misuse, or damage of or to the personal or organizational property of the Client or the Client’s guests. Cabin House is hereby authorized to remove from the Studio, and to dispose of in any manner it deems advisable, any goods, equipment, or other property which remains in the Studio after the completion of the Booking. Cabin House will not be liable for any damage to or loss of any such property, and Cabin House, its agents, employees, and contractors are hereby expressly released from any and all claims for any such loss or damage.

The Client acknowledges that Cabin House has security cameras present on the Premises to protect their equipment and property, and agrees to only use the designated camera free changing areas provided by Cabin House when changing. The Client acknowledges that Cabin House has video surveillance in The Cabin House Studios and consents to the recording of the Booking for security purposes. The Client will not tamper with, cover, or remove any cameras located in or around the Studio.

Age of Models

Client is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. Cabin House has no responsibility to determine or verify the age of participants in the Booking 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 the Booking if Cabin House becomes aware that legal age violations are occurring. Cabin House is not liable in the case of an invalid identification or any other form of age verification.

On-Site Contact

The Client must retain and appoint an on-site contact for the Booking. The on-site contact must be specified on the Booking Confirmation and must be on-site at the Studio throughout the Booking and will be responsible for Booking setup, coordination, management, tear down, and cleanup in accordance with Cabin House’s Terms & Conditions and Cabin House Rules.

Independent Service Providers

The Client hereby agrees to indemnify, defend and hold harmless Cabin House, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns, from any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to any damage or injury (including death) to any person or the Studio caused by any independent service provider hired or employed by the Client to provide services for the Booking, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, or agents.

Control of Studio– Not a Lease

This Agreement is not a lease. Nothing in this Agreement will be construed to entitle the Client to any right of possession or control of the Studio. Cabin House reserves the right to possess and manage the entire Studio and to enforce all necessary rules for the management of the Studio. Cabin House will have the right to enter the Studio grounds at any time for any reason. A representative of Cabin House may be at the Studio throughout the Booking.

Ingress and Egress

All portions of the entrances, passages, vestibules, halls, and all ways of access to public utilities on the Studio grounds will be kept unobstructed by the Client and will not be used for any purpose other than ingress or egress to, from, and within the Studio.

Indemnification

In addition to (and not in lieu of) the indemnification above, the Client agrees to indemnify, defend and hold harmless Cabin House, its affiliates, officers, directors, employees, agents, contractors, successors, and assigns, from and against any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to the Client’s actions or inactions under this Agreement and/or the Client’s use of the Studio, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, guests, or agents. The Client will immediately notify Cabin House of any instance giving rise to the foregoing indemnification including damage or injury of which it has knowledge in, to, or near the Studio, regardless of the cause of such damage or injury.

Client and anyone claiming through or under Client, by way of subrogation or otherwise, releases Cabin House and its affiliates, officers, directors, employees, agents, successors, and assigns from any and all liability or responsibility for any loss, claim, or damage to person or property, even if Cabin House was aware of such liability or such casualty was caused by the fault or negligence of Cabin House.

Waiver of Liability

Use of Cabin House’s Studio and equipment is at Client’s own risk. Client, on behalf of itself, its employees, officers, directors, members, contractors and models, hereby agrees that Cabin House will not be held liable for any direct, indirect, incidental or consequential damage, injury or loss to Client, its employees, officers, directors, members, contractors and models or their possessions while on the Cabin House Premises. Client waives any and all claims against Cabin House and its owners, members, agents, representatives, associates, officers, employees, guests, contractors and tenants for any injury suffered by Client, and member of Client’s party while using the Studio or otherwise occurring on the Premises. This waiver shall continue in full force and effect during and after the Term.

Waiver by Cabin House

No waiver by Cabin House of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver by Cabin House will constitute a continuing waiver, unless the writing so specifies. 

Permitted Use

The Client is authorized to use the Studio for the Booking and for no other purpose. The Client may not use the Studio in any manner that would render the insurance for the Studio Void or which may result in increased insurance premiums for Cabin House. The Client is further restricted to the use of only such parts of the Studio as are described in the Booking Confirmation. The Client will not be granted access to any portion of the Studio not set forth in the Booking Confirmation without prior written agreement by Cabin House.

Media Capture & Media Share

If Client opts in to media capture, Cabin House reserves the right to make photographs, audio, and video recordings during the Booking at its option, to use in connection with Cabin House’s marketing, promotions, and portfolio. Such capture will be subject to Cabin House’s collection of proper rights and releases from those present at the Booking.

Termination and Revocation of License

Cabin House shall have the right to immediately terminate this Agreement and revoke the Client’s license to use the Studio at any time prior to the Booking Date due to nonpayment of any SUF, Client’s other breach of this Agreement, or if Client intends to use the Studio for a purpose Cabin House finds inappropriate in its sole discretion.

Compliance with Laws, Policies, and Procedure

The laws of the state of Colorado govern this Agreement (without giving effect to its conflicts of law principles). The Parties consent to the personal jurisdiction of the state and federal courts in Boulder County, Colorado as venue for any proceedings affecting this Agreement. 

The Client will comply with all applicable city, state, and federal laws, including rules and regulations prescribed by and all rules and policies set forth by Cabin House as they pertain to the Studio. The Client will not use the Studio or any part thereof for any unlawful or immoral purpose or in any manner so as to injure person or property in, on, or near the Studio. The Client will obtain and maintain all necessary permits, licenses, and other forms of authorization necessary to use the Studio as permitted hereunder.

Representations

Each party represents and warrants that it has full and complete authority to enter into, execute, and perform this Agreement. Each individual signing on behalf of an entity represents and warrants that he/she has full and complete authority to enter into and execute this Agreement on behalf of that entity. Each party acknowledges that it has read and understands all the provisions of this Agreement, and that such provisions are reasonable and enforceable.

Alternate Photo Shoot Date

In the event that Cabin House is unable to make the Property available to Client on the Booking Date, Client will have the option of choosing an alternate date to hold the Booking(“Alternate Booking Date”). If Client selects an Alternate Booking Date that is reasonably acceptable to Cabin House, then the Alternate Booking Date will replace the Booking Date for the purposes of this Agreement and this Agreement as modified will remain binding on both parties. If Client and Cabin House cannot agree on an Alternate Booking Date within 10 days of Company notifying Client of the unavailability of the Property, then Company will refund to Client the full amount of the Booking Fee. In neither case will Company be liable for any additional costs or damages suffered by Client arising out of a rescheduling or cancellation of the Booking pursuant to this section. 

Revocation

Cabin House shall have the right to revoke Client’s license to use the Property at any time prior to the Booking Date, provided it gives Client prior written notice, due to nonpayment of fees, Client’s breach of this Agreement, or if Client intends to use the Property for a purpose Company finds inappropriate in its sole discretion.

Insurance

Prior to rental, unless otherwise stated in writing, client is required to present a certificate of general liability insurance (COI) naming Cabin House as additionally insured on the dates of the rental. If so required, Client’s liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit. Liability insurance shall be Commercial General Liability with a minimum of $1,000,000 per occurrence and annual aggregate.

Remedies

If Cabin House breaches or fails to comply with any of its obligations under this Agreement, Client’s rights and remedies shall be limited to the right to obtain a full refund of all sums paid to Cabin House for the Studio rental identified in this Agreement. Client shall not have any right to terminate or rescind this Agreement or any of the rights granted to Cabin House hereunder (or to enjoin or restrain any development, preproduction, production, advertising, promotion, distribution, exhibition or exploitation of any of Cabin House’s productions or activities and/or any of Cabin House’s rights pursuant to this Agreement.) The remedies herein provided are cumulative and the exercise of one shall not preclude the exercise of any others. Client acknowledges that Cabin House, in addition to any other remedies allowed under applicable law, shall be entitled to seek injunction and/or other equitable relief to prevent a breach of this Agreement or any related breach which may reasonably lead to damages suffered by Cabin House, which relief shall be in addition to any other rights or remedies that Cabin House may have, whether for damages or otherwise. If Cabin House employs legal counsel to enforce its rights and remedies under this Agreement, Client will be additionally liable to reimburse Cabin House for such fees and expenses incurred. 

Time to Bring Action

Client must bring any and all claims against Cabin House for any alleged breach of this Agreement or otherwise based upon any other legal theory within six months of the accrual of such claim or be forever barred from bringing such claim. The Client knowingly acknowledges voluntarily limiting any applicable statute of limitation otherwise pertaining to this Agreement and/or Client’s use of the Studio that would otherwise be available to Client.

Force Majeure Event

The Term shall be subject to modification due to acts of God, war, riots, or government imposed shut downs (collectively a “Force Majeure Event”). If a Force Majeure Event continues for longer than two (2) days or if the Studio is thereafter deemed uninhabitable, this Agreement shall terminate, Client will be refunded all funds paid hereunder, and the Parties shall have no further obligation hereunder. 

Severability

In the event any one or more of the provisions, or portions of provisions, of this Agreement shall be deemed by any legal authority to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions, or portions of provisions contained herein shall not be in any way affected or impaired thereby.

Modification and Amendment

No alteration, amendment or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by both Parties.

Billing Credit

Any billing credit and/or any identification of the Studio by the Client shall be subject the prior written approval of Cabin House. 

Assignment

Cabin House shall have the right to freely assign this Agreement and/or any of Cabin House’s rights hereunder to any person, affiliate, firm or corporation. Client shall not have the right to freely assign this Agreement and/or any of Client’s rights hereunder to any person, firm or corporation without the express prior written approval of Cabin House.

Counterparts: Electronic Signatures

The Parties may execute this Agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument. Electronic signatures shall be as valid as original signatures. 

Entire Agreement 

This Agreement and the Booking Confirmation constitute the entire agreement between the parties regarding their subject matter, and supersede any prior understanding or representation, oral or written, regarding said subject matter. This Agreement may only be modified in a writing signed by both parties. The Client may not assign or transfer its rights or obligations under this Agreement without prior written consent of Cabin House. If any part of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be limited so as to be valid and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by the laws of the State of Colorado and the parties hereby submit to the exclusive jurisdiction of the courts located in Boulder County, Colorado. In the event of any dispute hereunder, Cabin House may recover its reasonable attorneys’ fees and costs. Notwithstanding which party drafted this Agreement, its interpretation will not be construed against either party. This Agreement may be executed in counterparts and digital copies, each of which will be an original and all of which will constitute a single instrument.

Necessary Acts: Further Assurances

Each Party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this Agreement contemplates or to evidence or carry out the intent and purposes of this Agreement. 

Opportunity to Review

By checking the terms & conditions box at time of booking, Client acknowledges and represents that it has had an opportunity to review the terms and conditions of this Agreement, and after such review has determined that all such terms and conditions are reasonable and acceptable to Client and Client agrees to be bound thereby.