Rental Agreement

This Rental and Use Agreement (the “Agreement”) is entered into by and between Aperturent.com, Inc. DBA Aperturent Studios ("Aperturent" or "Company") and the person or entity placing a booking or accessing the Service ("Customer" or "You"). The Aperturent Studios website and Agreement are offered to You conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein.

This Rental and Use Agreement is accepted and made effective by your use of the Aperturent Studios website. Additionally, by clicking on the "Complete Booking" button during the checkout process, You are expressly accepting, acknowledging and consenting to all terms and conditions contained herein, including but not limited to all provisions relating directly to Aperturent services and the rental or lease of studio space from Aperturent. By clicking the "Complete Booking" button, You are also attesting that You understand and agree to the terms and conditions contained herein.

1. Disclaimer: Every effort is made to assure descriptions and prices are correct. Aperturent reserves the right to correct errors and make other necessary changes as needed. All prices and availability are subject to change without notice. Aperturent does not guarantee that any content is accurate or complete, including price information and space specifications.
2. Rental Period: Commensurate with the rental of the studio space ("Space") to the Customer, Aperturent shall deliver to the Customer a receipt bearing the Customer name, the number of hours being reserved, the reservation date, the start time of the booking and an order number (hereinafter referred to as the "Order Invoice"). The term of Rental Period shall be for the number of hours following the starting time indicated on the Order Invoice. The rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Customer's rental period includes set up and break-down. The Space must be cleaned and vacated by the end of the Rental Period. No prior drop-off and/or pick-up of equipment or props will be allowed outside of the Rental Period unless agreed upon in advance by Aperturent.
3. Rental Fees: "Rental Fees" are the charges for renting the Space, and security deposits, if applicable. All Rental Fees must be paid in full and in advance before the Space will be reserved for Customer. Additional fees (at the non-prorated rate of $200/hour) will apply if Customer does not vacate the Space by the designated ending time of the Rental Period.
4. Cancellations: Aperturent reserves the right to cancel any Space reservation, for any reason, at any time before the Rental Period begins and issue a full refund to Customer. Customer may cancel a Space reservation at any time, for any reason up to 24 hours before the Rental Period begins and receive a full refund. If a cancelation request is received less than 24 hours prior to the Rental Period start time, then no payments will be refunded.
5. Cleaning and Trash: Customer agrees to leave the Space and all contents and fixtures in the same condition as they were when Customer arrived. Aperturent will dispose of trash collected in the supplied trash cans. Customer is responsible for removing and appropriately discarding larger items, such as personal props and set pieces. Disposal of large amounts of garbage may accrue additional costs at Company’s sole discretion. All items brought to the Space by Customer are to be removed by Customer. Items left at the Space after the Rental Period will be assumed abandoned and may be discarded or kept by Aperturent, with no compensation due to Customer, at the discretion of Aperturent. If Customer does not return the Space to the order and cleanliness found when Customer arrived, Aperturent will charge, at minimum, a $100 cleaning fee. Customer hereby authorizes, consents and agrees that any additional cleaning fees will be charged to the same credit card used for payment of the Rental Fee.
6. Damage or Loss: Customer shall be solely responsible for any damage or loss of Company's property or equipment that occurs during the time Customer or their party occupies the Space. Security deposits, if applicable, will be held until repairs can be made. If the damage exceeds the amount of the security deposit, Customer agrees to pay reasonable additional repair or replacement costs. Customer agrees to pay for damage to the Space including spills, excessive wear, marks or stains on furniture, fixtures or painted surfaces.
7. Rules of Premises: No smoking of any kind is allowed in the Space or within 20 feet of any entrance. Food and drinks must stay in the kitchen area with hard floors, away from carpeted areas and all furniture. No alcoholic beverages, non-prescription or illegal drugs are allowed in the Space. Music and voices are to be kept at reasonable levels. No pets are allowed unless agreed upon in advance by Aperturent.
8. Use of Space: Customer agrees not to use the Space for any purpose that is or may be deemed illegal, or immoral. Use of the Space in any such manner shall be deemed a default on the part of the Customer. The Space is a professional environment. Customer is solely responsible for the conduct and welfare of all persons accompanying Customer while on the premises. Customer agrees that an Aperturent representative may, at the Company's sole discretion, be present at all times during the Rental Period. If the representative observes or otherwise becomes aware of dangerous, pornographic, illegal, negligent practices or activities, or violation of any of the foregoing rules, then the representative reserves the right to require Customer and Customer's party to leave the Space immediately. The authorities will be alerted to any illegal activities witnessed by the Company's representative. In such case no refund will be given for unused time and security deposits, if applicable, will be forfeited in its entirety. However, Aperturent and its representatives assume no responsibility to act in such cases.
9. Age of Models: Customer is solely responsible for verifying that all subjects are of legal age or accompanied by a parent or legal guardian. Aperturent has no responsibility to determine or verify the age of participants in the Customer's activities but reserves the right to demand proof of parental consent if models or subjects are under the age of 18 and to end all activities if Company becomes aware that legal age violations are occurring. Aperturent is not liable in the case of an invalid ID or any other form of age verification.
10. Insurance: Customer may be required, prior to rental, to present a certificate of general liability insurance naming Aperturent.com, Inc. as additional insured on the dates of the rental. Customer'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 & annual aggregate.
11. Default by Customer and Delinquent Accounts: If Customer fails to meet or satisfy any term, condition, notice or other obligation under this Rental and Use Agreement, including but not limited to the situations where the charges described in Section 3 "Rental Fees", Section 5 "Cleaning and Trash" and/or Section 6 "Damage or Loss" remain unpaid following Aperturent's effort to charge the credit card used for payment of the Rental Fee, Customer shall be in default and hereby acknowledges and consents to the following actions that may be taken:
    1. Aperturent may, at any time, institute a civil lawsuit seeking the recovery of all amounts owed, any and all other available damages, and all attorney's fees, costs and expenses. IN THE EVENT WHERE Aperturent COMMENCES ANY SUCH LITIGATION AGAINST CUSTOMER, CUSTOMER HEREBY CONSENTS AND AGREES TO BE HELD RESPONSIBLE FOR AND SHALL PAY FOR ALL COURT COSTS, ATTORNEY'S FEES AND OTHER LITIGATION EXPENSES INCURRED BY Aperturent.
    2. The account may be turned over to a collections agency. Additional attorney's fees and collection fees incurred by Aperturent will be the sole responsibility of the Customer, and the Customer consents and agrees to pay same. These fees are not waivable and the collection process will continue until these fees are collected.
12. Form of Notice Required by Customer: Customer hereby acknowledges and consents that any notice required to be provided to Aperturent pursuant to this Rental and Use Agreement must be submitted using one of the following forms:
    1. Email: info@aperturent.com
    2. Certified Mail to: 6065 Roswell Road NE #350, Atlanta, GA, 30328.
13. Indemnification and Exclusion of Liability: Customer hereby consents to indemnify and hold harmless Aperturent.com, Inc. DBA Aperturent Studios against any claim or liability arising out of, relating to, or otherwise concerning this Rental and Use Agreement, Aperturent.com, use of Aperturent Studios spaces, services or equipment, or use of the Aperturent.com web site, whether brought by Customer or any third party, including but not limited to any direct, indirect, incidental, or consequential damage, injury, or loss to Customer or its party, or to Customer's possessions, while on the Space. Customer holds harmless and indemnifies Aperturent and its owners, agents, representatives, associates, officers, employees, guests, and tenants against any suit, claim, loss, accident, judgment, fine, injury, or damages, including reasonable attorneys' fees. This indemnification will continue in full force and effect during and after the Rental Period for such causes arising during the Rental Period. Customer hereby assumes all liability that may arise from any use of the Space.
    
    Aperturent MAKES NO REPRESENTATION REGARDING THE SUITABILITY OF THE SPACE FOR ANY PURPOSE. THE SPACE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Aperturent SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    
    APERTURENT SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE Aperturent.com WEB SITE, FOR ANY CUSTOMER ACTION OR INACTION WITH REGARD TO THE WEB SITE, INCLUDING DAMAGE TO YOUR COMPUTER IN CONNECTION WITH THIS WEB SITE OR DAMAGE OR INJURY ARISING FROM YOUR USE OF Aperturent Studios SPACE.
    
    CUSTOMER HEREBY ASSENTS THAT THEY ARE USING THIS WEB SITE AND THE Aperturent Studios SPACE AT THEIR OWN RISK. IN NO EVENT SHALL Aperturent OR ITS AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM CUSTOMER’S USE OF THIS WEB SITE OR THE Aperturent Studios SPACE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
    
    IN SUCH STATES OR JURISDICTIONS WHERE ANY PROVISION OF THE ABOVE IS NOT APPLICABLE OR ENFORCEABLE, Aperturent'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Aperturent.com WEB SITE, OR WITH ANY TERM, CONDITION, NOTICE OR OBLIGATION DESCRIBED IN THIS RENTAL AND USE AGREEMENT, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Aperturent.com WEB SITE, THE SERVICES AND Aperturent Studios SPACE.
    
    Notwithstanding any terms or conditions contained herein, Aperturent’s liability for any and all damages shall not exceed the total Rental Fees paid by Customer.
14. Reservation of Rights: Aperturent shall retain the right to deny access or services to any user, Customer or other individual, to the extent permissible by law. Aperturent further reserves the right to request additional information or documentation from Customers prior to rental of Space, and the Customer hereby consents and agrees to provide all information or documentation requested by Aperturent. If Customer objects to any request for information or documentation by Aperturent, his or her sole remedy is to discontinue use of the Aperturent.com website and rental services.
15. Failure by Customer to Meet Terms, Obligations, Conditions or Notices: In the event Customer fails to meet or satisfy any term, condition, notice or other obligation under this Rental and Use Agreement, Customer shall be in default and Aperturent shall have, among other remedies, the full right to take immediate possession of the Space; and to pursue any and all legal remedies, including claims for any lost income. IN THE EVENT OF LITIGATION TO RECOVER ANY DAMAGES, CUSTOMER HEREBY CONSENTS AND AGREES TO BE HELD RESPONSIBLE FOR AND SHALL PAY FOR ALL COURT COSTS, ATTORNEY’S FEES AND OTHER LITIGATION EXPENSES INCURRED BY Aperturent.
16. Entire Agreement: This Rental and Use Agreement constitutes the entire agreement between the Customer and Aperturent and supersedes any prior agreement, understanding or representation of any kind, whether express or implied, preceding the last modified date of this Rental and Use Agreement, as shown below. Customer hereby consents and agrees that there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Rental and Use Agreement. This Rental and Use Agreement may only be modified in writing and must be signed by Aperturent and the Customer.
17. Headings: Customer hereby acknowledges and consents that headings or titles used in this Rental and Use Agreement are provided for ease of use only and shall not provide meaning or intent relating to the content of this Rental and Use Agreement.
18. Time is of the Essence: The performance of all obligations on the precise times contained in this Rental and Use Agreement are of absolute importance and failure to perform any of obligation on time is a default, time being of the essence.
19. Assignment: You may not assign (voluntarily, by operation of law, or otherwise) this Rental and Use Agreement (or any rights or obligations contained herein) without the prior written consent of Aperturent, which consent shall not be unreasonably withheld. Any purported assignment or transfer in violation of this section shall be void and constitute a default of the agreement. Aperturent may assign all or any portion of their rights under this Rental and Use Agreement to any affiliate or successor in interest upon notice to you.
20. No Agency: The terms of this Rental and Use Agreement do not create any agency, partnership, joint venture or franchise relationship. Neither party shall assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
21. Waiver of Terms: Customer hereby consents and understands that any actual or alleged waiver by Aperturent of any obligation, duty or condition owed by Customer to Aperturent, as contained in this Rental and Use Agreement, does not result in a waiver of any other obligation, duty or condition herein, nor does any such waiver constitute an ongoing waiver with respect to any obligation, duty, or condition being waived. Customer hereby understands and agrees that the obligation(s), duty/ies or condition(s) arising under the Rental and Use Agreement remain valid and enforceable despite any actual or alleged waiver of any obligation(s), duty/ies or condition(s).
22. Severability and Governing Laws: This represents the entire agreement between Customer and Aperturent. If any portion of this agreement is found unenforceable, it will not affect the remainder of the Rental and Use Agreement, which shall remain valid and enforceable. The agreement shall be governed according to the laws of the State of Georgia.
23. Governing Law and Dispute Forum: Customer hereby consents and agrees to the exclusive jurisdiction and venue of the courts of Cobb County, Georgia for any and all disputes between Customer and Aperturent, including but not limited to disputes:
    1. Arising out of, relating to, or otherwise concerning this Rental and Use Agreement, Aperturent, use of Aperturent.com services or Space, or use of the Aperturent.com web site;
    2. In which this Rental and Use Agreement, Aperturent, use of Aperturent.com services or Equipment, or use of the Aperturent.com web site is an issue or a material fact.
    
    CUSTOMER FURTHER HEREBY EXPRESSLY CONSENTS TO THE VENUE, PERSONAL JURISDICTION AND SUBJECT MATTER JURISDICTION OF THE COURTS OF COBB COUNTY, GEORGIA, AND HEREBY WAIVES ANY AND ALL DEFENSES RELATING TO SAME. USE OF THE APERTURENT.COM WEB SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE FULL EFFECT TO ALL TERMS, CONDITIONS, NOTICES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THIS SECTION.

Last Modified: 12-Dec-2022