TERMS OF SERVICE
RATES
Project Ten Fifteen sets rates, which are subject to change at the company's sole discretion. Rates about this Agreement are included on the booking page of the website and are hereby incorporated by reference. The above rates are valid thirty (30) days from hereof.
PAYMENTS + DEPOSITS
50% of rental charges are due at the time of online booking.
PHOTOGRAPHER’S CLIENT WAIVERS
When booking with Project Ten Fifteen, the photographer must make clients aware of the standing waiver needed to enter the Project Ten Fifteen property. Project Ten Fifteen can provide printed waivers for photographers to pass out at sessions, or photographers can forward the PDF waiver, and clients can print them out themselves and turn them in when attending the session. Waivers for clients are suitable for the entire 2024-2025 season.
CANCELLATIONS
Cancellations are in place to protect Project Ten Fifteen from losing money on sets and sub-contracted employees that have been booked. Wood cannot be uncut; decorations cannot be unpurchased, and Santa cannot be unbooked. There are no refunds once the booking is confirmed. Cancellations of confirmed bookings will result in the following should the client cancel less than 72 hours before the rental date.The client may reschedule within 30 days of the rental date without penalty only once. If cancellation occurs within 72 hours, there is an option to reschedule, but a $50 fee will be applied. If the client cancels within 24 hours, there is an option to reschedule, but a $100 fee will be applied. Refunds, if any, will be made within ten business days of cancellation (from Project Ten Fifteen to the client). WEATHER CANCELLATIONS: We will do all we can to move outdoor sets to the greenhouse if inclement weather arises. We will notify the client as soon as weather issues arise. If we cannot secure the greenhouse for the booked session- we will cancel and offer a full refund or the ability to reschedule at a later date. If Project Ten Fifteen must cancel the client's reservation, then the client will be given, in Project Ten Fifteen's sole discretion, either rescheduling priority or a full refund. The company is not liable for acts out of control that affect the shoot, such as construction timelines, equipment failures, power outages, weather, acts of God, or emergencies.
ELECTRICITY
Project Ten Fifteen does not have any sets that offer electricity or electrical capabilities. Please plan accordingly.
LENGTH OF USE
The start and end times of the rental date are set forth when booking your session. The client's rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Client's rental period includes set up and break-down. The Premises must be cleaned and vacated by the end of the rental period. No prior drop-off and pick-up after completion of the shoot will be allowed unless agreed upon in advance by Project Ten Fifteen. The client agrees that if they hold over beyond the end of their rental period, a holdover rate of $25.00 per ten minutes will occur. Replace the original rental fee, which will be two times the client's original rental rate. Early or extended hours must be worked out and negotiated/paid for before the rental period begins.
TRASH + CLEANING
The client agrees to leave the premises and all contents and fixtures in the same condition when they arrive. Project Ten Fifteen will dispose of trash collected in the supplied trash cans. The client is responsible for removing and appropriately discarding more oversized items offsite. All items brought to Project Ten Fifteen by the client are to be removed by the client. Items left after seven days will be assumed abandoned and may be discarded or kept by Project Ten Fifteen for venue use, with no compensation due to the client. If the client does not return the premises to the order and cleanliness found when they arrived, Project Ten Fifteen will charge a minimum of $50 cleaning fee with the client's card on file.
RULES OF PREMISES
Smoking/Vaping/Dipping/Drugs/Alcohol- are not allowed on the Project Ten Fifteen property or within 20 feet of any entrances. Vulgar or offensive lyrics in music or speech are prohibited. This is a family-owned property with children. No outside animals are permitted onto Project Ten Fifteen. No weapons, firearms, or spray paints are allowed on the premises. Please clear glitter, confetti poppers, cake smashes, etc., with Project Ten Fifteen.
SECURITY CAMERAS
The client acknowledges that security cameras are used in the studio and throughout Project Ten Fifteen property to ensure the security of the premises from theft, unauthorized access, or damage to the property. All security cameras are looked at for the safety of the clients and to refer back to if there are damages to the studio during client use.
WAIVER OF LIABILITY
Use of the Project Ten Fifteen premises is at the client's risk. Client at this moment agrees that the Venue nor its owners will not be held liable for any direct, indirect, incidental, or consequential damage, injury, or loss to the client or its party, or to the client's or anyone in its party's possessions, while on the Premises. The client holds harmless and indemnifies the company and its owners, agents, representatives, associates, officers, employees, guests, and tenants against any suit, claim, loss, accident, judgment, exemplary, injury, or damages, including reasonable attorney's fees. The client acknowledges and understands they are responsible for every guest, employee, or invitee at the Venue during their rental period. The client is solely responsible for any accident or injury to any person simultaneously, at, in, or around the Venue or on the Project Ten Fifteen property, and the company accepts NO legal or financial responsibility. Client assumes all risk of injury or other loss resulting from ANY activity performed at, in, or around Venue, and the client will hold the owner harmless. Client, at this moment, agrees to indemnify and hold Project Ten Fifteen and the property owners harmless from all claims, including those of third parties, arising from or in any way from the client's use of the premises or items therein.
LOSS OF PERSONAL ITEMS
Client acknowledges and understands that they are solely responsible for any loss by any person while at the Venue, including the loss of money, jewelry, or any other personal items. Project Ten Fifteen will not be held liable.
COVID 19
The client understands and agrees that Under Georgia law, there is no liability for an injury or death of an individual entering the company premises if such injury or death results from the inherent risks of contracting COVID-19. The client understands and agrees they are assuming this risk by entering Project Ten Fifteen. This indemnification will continue in full force and effect during and after the rental term for such causes arising during the terms of the rental. Project Ten Fifteen disclaims all implied warranties, including any warranty of merchantability or fitness for a particular purpose. The Premises are "as-is".
CONDUCT
Project Ten Fifteen is a shared property that maintains a professional environment. Client is solely responsible for the conduct and welfare of all persons accompanying the client while on the Premises. Client agrees that a Project Ten Fifteen representative may, at the company's sole discretion, be present at all times during the rental date. If the representative observes or becomes aware of dangerous, pornographic, illegal, or negligent practices/activities or violations of any preceding rules, then the representative reserves the right to stop the shoot and may require the client and the client's party to leave immediately. The authorities will be alerted to any illegal activities witnessed by the Company representative. In such case, no refund will be given for unused time.
CONDUCT
Client (on behalf of itself and its party) is solely responsible for any damages to Project Ten Fifteen's property or equipment during the time that the client or its party occupies the Venue. The client agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition with their saved credit card on file. Client agrees to pay on demand with a credit card on file for damages to Premises, including spills, excessive wear, marks, or stains on furniture, fixtures, or painted surfaces.
BY AGREEING TO THE TERMS AND SERVICE, YOU ARE ALLOWING PROJECT TEN FIFTEEN TO AUTHORIZE AND CHARGE YOUR CARD FOR ANY DAMAGES, CLEANING FEES, OR OVERAGE CHARGES WITHOUT ADDITIONAL CONSENT.
ARBITRATION
The client agrees and understands that any disputes arising from this agreement shall be subjected to binding arbitration. Client, at this moment, waives any right to a jury trial and agrees to have disputes settled through binding arbitration in Georgia. Project Ten Fifteen will select the arbitrator(s) used.
ASSIGNMENT
The parties agree that this agreement is personal to the parties hereto and shall not be assignable by the Owner or Project Ten Fifteen without the prior written consent of the other party.
ENTIRE AGREEMENT
This agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies, alters, or adds to it, and the terms of this agreement are contractual and not a mere recital.
AMENDMENTS
No provision of this agreement may be amended, modified, revoked, or waived except in writing, signed by a duly authorized party representative.
NO WAIVER
Failure of any party to seek a remedy for any other party's breach of any portion of this agreement shall not constitute a waiver of its rights concerning the same or any subsequent breach. A party may waive none of the terms or conditions of this agreement except by its written consent.
SEVERABILITY
The invalidity or unenforceability of any part of this agreement for any reason shall not prejudice or affect the validity or enforceability of the remainder. In such an event, the parties hereto shall use their best efforts to agree upon a replacement for such invalid or unenforceable provision that corresponds as closely as possible to the original provision. However, suppose such replacement cannot be accomplished. In that case, the same will be deemed omitted, and the validity and/or enforceability of the remaining provisions of this agreement will not be affected or impaired.
HEADINGS
The headings of the sections of this agreement are inserted for convenience only and shall not affect the meaning or interpretation thereof.
PARTIES BOUND
The terms and conditions of this agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective representatives, successors, and permitted assigns.
FORCE MAJEURE
No Party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure. "Force Majeure" includes delay or failure resulting from any cause reasonably beyond a Party's control, including (i) act of God, (ii) labor stoppages or other industrial disturbances, (iii) systemic electrical, telecommunications, or other utility failures, (iv) earthquakes, flood, fire or explosion, (v) blockages, embargoes, riots or orders of government, (vi) acts of terrorism or war, and (vii) pandemic.
GOVERNING LAW FORUM
This agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to the conflict of law or choice of law provisions thereof. The parties further expressly agree that the jurisdiction and Venue for any actions concerning this agreement's enforcement, construction, or interpretation shall be in any state court in Cherokee County, Georgia. Each of the parties expressly submits and consents to the jurisdiction of the aforesaid courts and waives any defense based on personal jurisdiction and forum non-convenience.
COUNTERPARTS: ELECTRONIC DELIVERY
This agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all constitute the same instrument. It shall be permissible for any party, after execution of this agreement, to transmit and deliver a copy of the agreement as executed by that party to all of the other parties hereto (or their respective counsel) by facsimile, electronic mail or any other electronic means, and delivery by any such electronic means shall constitute delivery of the executed agreement for all purposes and shall be legally binding on the party transmitting the agreement by any such means. However, any party transmitting its signature via facsimile, electronic mail, or other electronic means shall promptly deliver an executed original of this agreement to any other parties requesting an original. Still, the failure to do so will not affect this agreement's validity or binding effect.
REPRESENTATIONS + WARRANTIES REGARDING AUTHORITY
Each of the parties hereto represent and warrant to the other party that:
a. they have full power and authority to execute, deliver, and perform this agreement;
b. the person signing this agreement on its behalf has the authority to do so; and,
c. when executed, this agreement shall be valid, binding, and legally enforceable against each party.
CERTIFICATION + INDEMNITY BY CLIENT REPRESENTATIVE
By signing this agreement below, I certify, represent, and warrant to the company that I possess the legal right to bind and subject the client to the terms and conditions of this agreement. By signing this agreement below as the client, or on behalf of the client, I further at this moment agree to personally defend, indemnify, and hold Project Ten Fifteen harmless from and against all claims, actions, demands, damages, losses, liabilities and expenses (including reasonable attorney's fees and costs) that may be asserted against Project Ten Fifteen as a result of any breach of the certifications, representations, and warranties outlined in herein.
www.ProjectTenFifteen.com