FOKEL RENTAL AGREEMENT
This Rental Agreement ("Agreement") is made and entered into by and between Machmer Media LLC, operating under the trade name Fokel ("Studio" or "we"), and the Renter ("Renter" or "you"). This Agreement governs the terms and conditions of the rental of studio space and equipment at Fokel, located at 201 S College Ave, STE 205, Fort Collins, CO, 80524.
By reserving or renting the studio space and/or equipment from Fokel, the Renter acknowledges being at least 18 years of age, and having read, understood, and agrees to be bound by these terms.
Please read this Agreement carefully before completing your reservation.
1. GENERAL TERMS
1.1 Definitions
Studio or Company refers to Fokel. Premises refers to the studio space, equipment, and any adjacent property owned by Fokel.
Renter refers to the individual or entity renting the Studio’s premises, equipment, or services.
Museum refers to the Museum of Art Fort Collins, Inc. and its property.
1.2 Agreement Binding
By reserving or renting the studio and/or equipment, Renter agrees to all terms, conditions, and policies outlined herein. This Agreement is binding upon both parties, and any modifications must be made in writing and signed by both parties.
2. RENTAL PERIOD, PAYMENTS, & CANCELLATION
2.1 Reservation & Payment
To confirm a reservation, Renter must provide full payment for the studio rental and any additional fees. Payments can be made upon booking through Acuity Scheduling, Square or Stripe. No checks will be accepted.
2.2 Rental Time
Rental time includes set-up, break-down, and clean-up. Renter is required to vacate the studio at the end of the rental period. Any usage beyond the agreed rental time will incur overtime charges, billed in 15 minute increments.
2.3 Cancellation Policy
No refunds will be issued upon any cancellation.
2.4 Rescheduling
Rescheduling is allowed based on availability and must be requested at least 48 hours in advance. If the reservation is canceled within 24 hours, the studio reserves the right to deny a reschedule.
2.5 Studio Conditions
Fokel will not be held responsible, nor will any refunds be issued, for any situations deemed unideal to the Renter, including but not limited to factors outside of our control such as natural light conditions, artificial lighting, outside noise, weather, or any other environmental conditions that may affect the quality or suitability of the studio for the Renter's intended use. The Renter acknowledges that certain factors, including lighting and sound, are variable and can be influenced by external elements that are not controllable by Fokel.
2.6 Equipment Usage
Renter is responsible for understanding how to properly use any equipment rented from the studio. Fokel is not responsible for providing training or instructions on equipment use. No refunds or adjustments will be made in the event that Renter is unable to use the equipment due to a lack of knowledge or experience. Renter should ensure they are familiar with the equipment prior to their rental period.
3. STUDIO RULES & USAGE
3.1 Authorized Activities
The studio is available for use in photography, video production, workshops, and rehearsals, as well as any agreed-upon activities. Unauthorized activities, including but not limited to smoking, the use of glitter, or illegal behavior, are prohibited.
3.2 Prohibited Activities
No Smoking: Smoking is not permitted inside the studio or adjacent areas (including vaporizers). A $250 fine will be assessed for each incident.
No Glitter: Glitter is strictly prohibited due to cleanup difficulties.
No Illegal Substances: Drugs or alcohol are prohibited on the premises.
No Weapons or Pyrotechnics: Firearms, explosives, and pyrotechnic devices are strictly prohibited unless specifically pre-approved by the Studio.
3.3 Compliance with Museum Rules
As the studio is located within the Museum of Art Fort Collins building, Renter and their associates must comply with all Museum rules and regulations. Any activities that could potentially damage Museum property or artworks will be subject to additional fees, and Renter will be held liable for any damage.
4. LIABILITY, INSURANCE, & INDEMNIFICATION
4.1 Personal Liability
Renter and any party associated with the rental (including assistants, models, or guests) assume full responsibility for any accidents, injuries, or damages occurring during the rental period. Fokel will not be held liable for any personal injury, loss, or damage to property, including equipment.
4.2 Insurance Requirement
Renter is advised to secure and maintain liability insurance covering property damage, injury, and loss during the rental period. For businesses and production companies, commercial general liability insurance is required with a minimum of $1,000,000 per occurrence and annual aggregate.
4.3 Indemnification
Renter agrees to indemnify, defend, and hold Fokel and the Museum, its owners, employees, and agents harmless from any claims, liabilities, damages, or expenses arising out of Renter’s use of the premises, including injury, property damage, or damage to artwork or Museum property.
4.4 Damages to Studio, Equipment, or Artwork
Renter is responsible for any damage to the studio, equipment, or artwork during the rental period. This includes any damages to Museum property. If damage occurs, Renter agrees to pay for the repair or replacement of damaged property, as determined by Fokel.
5. CLEANING & MAINTENANCE
5.1 Studio Condition
Renter must return the studio in the same condition as it was received, with the exception of reasonable wear and tear. If the studio is not cleaned adequately, a cleaning fee will be assessed. Renter is responsible for removing all personal items, trash, and large props at the end of the rental period.
5.2 Additional Cleaning Fees
Excessive cleaning due to large sets, hard-to-clean materials, or general mess will result in additional cleaning charges, as determined by Fokel.
6. SAFETY & CONDUCT
6.1 General Safety
Renter agrees to adhere to all health, safety, and emergency guidelines, including any special requirements related to public health concerns. Fokel maintains a safe environment, and Renter must ensure that their activities do not compromise safety.
6.2 Conduct
Renter is responsible for the conduct of everyone in their party. If any individual is found engaging in dangerous, illegal, or disruptive behavior, Fokel reserves the right to terminate the rental agreement without refund. All activities must be conducted in a professional and respectful manner.
6.3 Age of Models
Renter is responsible for ensuring that all individuals appearing in photos or video shoots are of legal age. If any models are under 18, written parental consent must be obtained, and proof of age must be provided.
7. ASSUMPTION OF RISK & WAIVER OF LIABILITY
7.1 Assumption of Risk
Renter assumes all risks associated with the use of the studio, including any injuries, accidents, or damages that may occur during the rental period. This includes both the studio and the surrounding Museum property.
7.2 Waiver of Liability
Renter acknowledges that Fokel is not liable for any direct or indirect damages, injuries, losses, or costs resulting from the use of the studio. Renter waives any right to hold Fokel responsible for any such occurrences.
8. MISCELLANEOUS
8.1 Force Majeure
Neither party will be held responsible for any delays or failures in performance due to circumstances beyond their control, including but not limited to natural disasters, pandemics, or government-imposed restrictions.
8.2 Governing Law
This Agreement will be governed by the laws of the State of Colorado, and any disputes will be resolved through binding arbitration in Larimer County.
8.3 Entire Agreement
This Agreement constitutes the entire understanding between the parties. Any modifications to this Agreement must be in writing and signed by both parties.