Terms Of Service
Last Updated: September 18, 2023.
RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is made and entered into by and between Makai Creative Studios, LLC ( “Company”, “Makai Creative Studios”, “we”, or “us”) and you (“Client”).
PROPERTY AND PREMISES
Company operates Makai Creative Studios, LLC located at 11675 Big Holly Lane Conroe, TX 77385 (“Property”). Company hereby grants Client the right to use a portion of the Property consisting of studios available for Photography, Videography, Events, and Workshops which are described on the website (The “Space”or The “Studios”). The Company also rents and makes available props, additional furniture, videography, photography, and podcasting equipment, separate from the staging of the Spaces (the “Equipment”). Your reservation of the Space and the Equipment is subject to availability and will be become effective at the time you make your reservation (collectively, “Reservation”). Client understands and agrees that the Property and the Premises may only be used for the purpose agreed upon during the Reservation. Your reservation of the Space and the Equipment is subject to availability and will be become effective at the time you make your reservation (collectively, “Reservation”).
You may modify your Reservation either online or in person, subject to the cancelation policy and availability.
COMPANY REPRESENTATIVE
A Company Representative will serve as the point of contact for Client and may be present for visits to the Premises by Client and/or Client’s vendors (such as caterers, florist, photographers, etc.) who need to preview the Premises prior to the Rental Term. Such visits must be scheduled in advance at a date and time mutually agreed upon by the Parties.
The Company Representative may be on duty during Client’s Rental Term and may enter and exit the Premises during the course of the Rental Term.
FEES AND SECURITY DEPOSIT
Rental Fee
In consideration for Client’s use of the Premises, Client agrees to pay Company the total Rental Fee found on the website at the time of reservation (“Rental Fee”) as follows:
The Makai Creative Studios’ fees for the Reservation will be posted online at the time of your Reservation (“Fees” or “Rental Fees”).
All additional props, equipment, etc. must be reserved by the time of Reservation, subject to availability.
2. Late Payments
In the event that Makai Creative Studios is unable to automatically process payment on your credit card for any additional payments that become due after the Reservation, as specified herein, you shall pay interest on all late payments, calculated daily and compounded monthly, at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law. You shall also reimburse the Company for all reasonable costs incurred in collecting late payments, including but not limited to attorneys’ fees.
3. Additional Fees
Any additional costs or fees that arise will be due upon Arrival at Reservation or as otherwise indicated on the invoice.
4. Form of Payment
All payments to the Company must be made in the form of:
☐ credit/debit card, or
☐ electronic payments via Square on our website.
VENDORS AND PROOF OF INSURANCE
You assume responsibility for the actions and omissions of any individual or entity you invite to the Studios, including but not limited to employees, independent contractors, or guests (collectively, “Invitees”), as they are subject to these Terms and Conditions.
DELIVERY, SETUP, PICKUP
Client is responsible for delivery, setup and pickup of all decorations, equipment and supplies which must take place during the Reservation time ONLY.
If you fail to clear the Space or return the Equipment before the end time of your Reservation, Makai Creative Studios, in its sole discretion, may require you to surrender your use immediately.
Makai Creative Studios will automatically process payment on your credit card for any continued use of the Space/Equipment in 15 minute increments as specified on the website.
USE OF PROPERTY AND PREMISES
Condition of the Space and Equipment
At the end of your Reservation, you must return theSpace and Equipment in their original condition.
Damages to the Space, furniture, Equipment, Props, etc. in any way will result in a damage fee. Client shall inspect and notify Makai Creative Studios immediately of any damage in the Space or to the Equipment at the start of the rental.
2. Clean Up and Waste Removal
Client shall not make any alterations, improvements or additions to the Premises or any other portion of the Property. Client shall properly use and operate all equipment and power supplies on the Premises and shall not cause any damage or injury to the Premises, the Property or the improvements thereon.
The Premises will be delivered to Client in a neat and clean condition. Before the Departure Date and Time, Client shall restore the Premises to a neat and clean condition, free and clear of all personal property, and shall return the Property and Premises to Company in the same condition as received, free and clear of any damage or injury. Client shall remove and properly dispose of all rubbish, garbage and waste. If Client does not leave the Property and Premises in such condition, Company may clean up and/or repair the Property and Premises and charge the expense of such cleaning and repairing to Client.
3. Decorations
No confetti, glitter, birdseed, potpourri, and/or rice are permitted on the Property and/or Premises. Use of signs, streamers, balloons, or decorations of any kind outside the grounds of the Property is strictly prohibited.
No open flames, firearms or fireworks are permitted on the Property and/or Premises, inside or out, including sparklers.
Nails or screws to affix decorations to a building, walls, trees, fences and improvements are not permitted. Nails, tacks and staples may not be used on any surfaces, including floors. Decorations may not be hung from light fixtures, fire sprinklers, ceiling fans or lamps. The only adhesive material allowed on the walls is masking tape, duct tape, and painter’s tape. Transparent tape or double stick tape is not allowed. All decorations must be removed before the end of the Reservation without leaving damages.
4. Parking
Parking is permitted only in the designated areas on the Property.
5. Security
Security services are the sole responsibility of the Client.
6. Children
All children must be accompanied by an adult while on the Property and Premises and they are the sole responsibility of their parents and guardians. Children are not allowed to roam freely on the Property without adult supervision.
7. Animals
Animals are allowed on the Property or Premises, but the Client MUST inform the studio before arrival (with the exception of service animals).
8. Attendees and Occupancy Limits
No more than 50 people (inclusive of Client’s guests, vendors, or other invitees) can be on the Property and Premises at any given time. If the actual number of people on the Property and Premises is greater, Company reserves the right to ask individuals to leave the Property and Premises and/or charge Client additional fees.
All bookings with 5+ guests including photographer, event coordinators, and invitees must inform the studio along with reservation.
All event gatherings, workshops, etc. must be approved by the Company prior to booking, without approval the Reservation is not guaranteed and can be cancelled by Company.
9. Smoking and Controlled Substances
The Property and Premises are a drug-free and non-smoking facility at all times. Drug use and smoking is prohibited at all times anywhere in, around or on the grounds of the Property and Premises.
10. Alcohol
Self-service bars are not permitted. All alcoholic beverage must be served by a licensed and insured caterer or bar service. Client may not serve alcohol to minors on the Premises at any time. Client agrees, for everyone’s safety, to ensure alcoholic beverages are consumed in a responsible manner. Company personnel reserves the right, in its exclusive discretion, to expel anyone who in its judgment is intoxicated or under the influence of alcohol or drugs, or who shall in any manner do or participate in any act jeopardizing the rights, use permit, or insurability of Company or the safety of its personnel, guests, Property or Premises.
11. Hazardous or Flammable Materials
No flammable, volatile or hazardous materials are permitted on the Property and Premises, including, but not limited to guns, firearms, fireworks, and open flames.
12. Compliance with City, County, State and Federal Laws
Client agrees to comply with all applicable City, County, State, and Federal laws and shall conduct no illegal act on the Property and Premises.
13. Compliance with Local Noise Ordinance
The Client agrees to comply with any noise ordinances including those which prohibit “disturbing the peace.” Amplified music will only be allowed until 10PM every day of the week.
RESCHEDULING AND CANCELLATION OF RESERVATION
Client must reschedule or cancel the Reservation on our online reservation system.
To receive a full refund of your Rental Fees you must cancel at least 72 hours in advance of your Reservation.
If you reschedule at least 72 hours in advance of your Reservation, then your Rental Fees will be applied to the new Reservation.
However, 100% of your Fees will be NON-REFUNDABLE in the event of any cancelation with 72 hours, no-show, or request to reschedule on the day of your Reservation.
Client understands that the Company cannot guarantee the availability of the Premises or the corresponding rental fee amount for the Rescheduled Reservation.
If the Premises is not available for the Rescheduled Event Rental Term and/or if it is available, but on terms that Client does not accept, then it will be treated as a Termination by the Client.
If Company terminates this Agreement for any reason other than Client’s violation of the terms of this Agreement, 100% of the Rental Fee received from the Client
If Company terminates this Agreement due to Client’s breach of the terms of this Agreement, then the Company, in its sole discretion, may retain the Rental Fee with no refund and any outstanding balances will be due immediately upon request.
IMPROVEMENTS TO PROPERTY AND/OR PREMISES
The Property and Premises are provided to Client on an as-is condition.
Client understands that from time-to-time Company may need to make improvements to the Property and/or Premises which may or may not interfere with Client’s use of the Property and/or Premises. If after executing this Agreement, Company determines, in its sole discretion, that the Property and/or Premises are unfit for Client’s use during the Event Rental Term, then it will be treated as a Termination by the Company.
LOST, STOLEN OR ABANDONED AND STORAGE OF PROPERTY
You must get written approval from Makai Creative Studios to drop off any personal property at the studio prior to your reservation.
The Company is not responsible for lost, stolen or abandoned items belonging to the Client, its guests, vendors, or invitees. All personal property left in, upon or about the Property and/or Premises after the Departure Date and Time shall be deemed to be abandoned and Company may, in its discretion, dispose of the same. Makai Creative Studios has sole discretion to either store the items (and charge a $20 fee per day of storage) or dispose of it. The company may charge you any documented costs for disposal of property.
Makai Creative Studios will automatically process payment on your credit card for any such fees.
Makai Creative Studios is not responsible for last or damaged personal property or for replacement of personal property.
CLIENT RESPONSIBILITY FOR OTHERS
Client is responsible for his/her own conduct and the conduct of any of its agents, contractors, employees, guests, vendors, invitees or others entering the Property and/or Premises on Client’s behalf, and shall enforce the terms and conditions set forth in this Agreement.
JOINT AND SEVERAL LIABILITY
If more than one Client enters into this Agreement, the obligations are joint and several; each Client is individually, as well as jointly liable for full performance of all agreed terms and payment of all sums required herein.
INSURANCE
Makai Creative Studios suggests but does not require that you obtain event insurance.
If you so choose, the Client, at its sole expense, shall maintain in effect, at all times during the period of use of the Premises, liability insurance sufficient to protect Company against injury to and death of persons and damage and loss to property arising out of Client’s use of the Property and Premises. The insurance shall be in a form, in such amounts and shall be issued by an Insurer acceptable to Company. The insurance policy (i) shall name Company as an additional insured, (ii) shall include, or be endorsed to provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against Company, and (iii) shall be primary without right of contribution of any other insurance carried by or on behalf of Company with respect to its interest in the Property.
5 calendar days before the Arrival Date, Client shall deliver to Company a certificate of insurance from the insurer under the policy. Client acknowledges and agrees that the limits of liability provided in said insurance policy shall in no event be considered as limiting the liability of Client under this Agreement.
ASSUMPTION OF RISK
Client voluntarily and freely assumes all risks and dangers that may occur pursuant to its use of and participation in activities on the Property and/or Premises, including the risk of injury, death or property damage. Regardless of whether such damage was foreseeable and whether not you have been advised of the possibility of such damages and risks.
RELEASE AND WAIVER OF LIABILITY
Client hereby agrees, on behalf of Client, its heirs and its personal representatives, to fully and forever discharge and release the Company, its respective partners, agents, operators, managers, employees, and representatives (“Released Party”) from any and all claims Client may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Client entry upon and use of the Property and Premises, whether caused by the negligence of the Released Party or by any other reason. Client acknowledges and agrees that this release is intended to be, and is, a complete release of any responsibility of the Released Party for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Client while on or using the Property and/or Premises.
INDEMNIFICATION
Client (“Indemnifying Party”) agrees to indemnify, hold harmless and defend the Company and its owner, managers, employees, and agents (collectively, “Indemnified Party”) from and against any and all liability, claims, costs and expenses (including reasonable attorneys’ fees and court costs) which the Company may incur or pay as a result of death or injury to any person, destruction or damage to any property, or violation of any law, regulation or order of a court of law or governmental entity which arises out of Client’s Reservation or Client’s use of the Property or Premises, including but not limited to a breach of this Agreement or the negligent or willful act or omission of the Client, and/or Client’s guests, vendors, invitees.
DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Montgomery County, Texas. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within 90 calendar days after it is referred to the mediator, any party may take the matter to court. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement on behalf of the Client, the Client may under no circumstances be entitled to recover costs, expenses (including expert testimony) and other attorneys’ fees, including allocated costs and fees of in-house counsel, from Company.
NOTICE
All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given (a) by delivery in person, (b) by a nationally recognized next day courier service, (c) by first class, registered or certified mail, postage prepaid, or (d) electronic mail. Delivery shall be made to the address or electronic mail address, as appropriate, of the party specified in this Agreement or such other address or electronic mail address as either party may specify in writing. Such notice shall be effective upon (a) the receipt by the party to which notice is given or (b) on the third day following mailing, whichever occurs first.
ENTIRE AGREEMENT
This Agreement (including attachments) contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
AMENDMENT
This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
HEADINGS
The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.
WAIVER
The failure of any party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
FORCE MAJEURE
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to any act of God, such as but not limited to war, riot, civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, order, regulation or decree; earthquake, flood, fire, hurricane, tornado, or other casualty; strike, lockout, or other labor disturbance; pandemic, epidemic, public health emergency, outbreak of communicable disease; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of any force majeure event, the party relying upon this provision shall give notice, as soon as feasible, to the other party of its inability to perform or of delay in performing its obligations.
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Texas, and any disputes arising from it must be handled exclusively in the County of Montgomery, Texas.
SINGULAR AND PLURAL
All references in this Agreement to words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neutral genders.
ASSIGNABILITY
No party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party.