Terms and Conditions
Last modified: September 1, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This is a contract between you (“you” or “Renter”) and Cinque Creative, LLC d/b/a The Lumen Room (“we”, “our”, or “Company”). Before accessing or using any part of your selected venue space and any equipment, furniture, or other materials therein (collectively, the “Studio”), you should read carefully the following terms and conditions along with the provision on the reservation portal page (collectively, the “Agreement”) as they govern your access to and use of the Studio and all services, tools, materials, equipment or information related thereto and the other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible. These terms are so important that we cannot provide our Studios and services to you unless you agree to them. If you do not agree with this Agreement, you are not granted permission to access or otherwise use the Studio and should exit the website immediately. By using the Studio, you are agreeing to this Agreement.
We periodically update this Agreement, so you should check back prior to making each reservation. The terms that are in effect at the time you make your reservation will govern your use of the Studio and our business relationship.
If you are reserving an Event, please see the additional Event-specific terms at the bottom of the page.
Reservations and Payment
Rental periods are prearranged at the time of booking. Renter’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Rental time must include set up, break-down, and clean up. The Studio must be cleaned and vacated by the end of the rental period. No prior drop-off and/or pick-up after completion of shoot, of equipment, props, catering, etc. unless you have received prior written approval from Company, and additional fees may apply.
There is a 15 min grace period for overtime after which fees will accrue at the applicable rental rate, billed in hourly increments. The grace period does not apply to rentals with an 8:15 PM start time. If the contracted rental period starts at 8:15 PM, then Studio must be cleaned and vacated by 10:15 PM, with no grace period. If it is not, late fees will be charged to your payment method at $10/minute for every minute after 10:15 PM.
All Studio rental charges are payable in advance at the time the reservation is made via credit card. The Studio is not considered reserved until payment is received and confirmed via our online booking system. Renter agrees to pay the Company’s rental pricing which is in effect at the time of reservation. All fees are exclusive of taxes, which we will charge as applicable. You authorize Company to charge your credit card or bank account for all fees payable hereunder, including but not limited to your rental fees and any damage or cleanup fees. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
If you book a recurring reservation, we will charge you [for the stated number of reservations booked at time of reservation/in advance of each reservation].
Cancelling or Changing Your Reservation
You can change or cancel your Studio reservation with no additional charge at any time 3 hours before your reservation is set to begin by contacting firstname.lastname@example.org. Upon cancellation, you will receive a credit for the amount of hours booked (if your booking was 1, 2, or 3 hours) or the dollar amount spent (for half day, short day, or full day rentals) that can be applied towards a future rental with us. Full day, short day and half day rental hours cannot be split up and used separately. Your credit will expire 12 months from the date of the original reservation. Cancellations and rescheduling requests received within 3 hours of the start time of your reservation are not permitted. NO REFUNDS WILL BE GIVEN.
Company may cancel your reservation for any reason upon notice to you. If Company cancels your reservation for any reason other than your breach of this Agreement, you will be given either a full refund or, at your option, rescheduling priority. Company is not liable for acts out of its control that affect the shoot or use of the Studio, such as equipment failures, power outages, weather, acts of God or emergencies, or acts by any third parties not under our control, including those of other renters of the Studio. In such cases, Company will refund a prorated portion of Renter’s payment if rental period had already started, or rescheduling priority if rental period had not begun.
Renter agrees to comply with all restrictions outlined on the reservation portal or that may be communicated to Renter by Company.
Age of Models
Renter is solely responsible for verifying that all photographic subjects are of legal age. Company has no responsibility to determine or verify the age of participants in the Renter’s 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 those activities if Company becomes aware that legal age violations are occurring. Company is not liable in the case of an invalid ID or any other form of age verification.
Renter agrees and warrants that there shall be NO CONSUMPTION OF ALCOHOL BY PERSONS UNDER AGE 21 ON THE PREMISES. The Group agrees to refuse to allow alcohol to be served to, or consumed by, any person who is visibly intoxicated or under 21 years of age. The Group shall monitor all service, if any, of alcohol and specifically acknowledges that the Group is solely liable for the consumption of any alcohol by any person on the premises and that such liability shall extend to any aspect regarding the consumption of alcohol. Company may ask guests for identification to verify age and reserves the right to ask to the entire party to leave if (1) a minor is consuming alcohol; (2) an adult is providing alcohol to a minor; or (3) a guest or guests appears intoxicated and refuses to leave the premises.
If alcohol is SERVED or SOLD at the Event, the Group acknowledges that the Group is responsible for confirming that only properly licensed server(s) pour the alcohol and that all licensing and related liquor laws are observed.
While alcohol may be consumed in the Studio, there must be no alcohol consumption in the parking lot, common areas, or in cars.
Renter shall indemnify and hold the Studio harmless from all liability for improper use of alcohol.
Damage and Cleaning
Renter is responsible for the acts and omissions of Renter and all individuals and other entities and contractors and pets in the Studio, parking lots, and common spaces in conjunction with use of the Studio (collectively, the “Group”). The furnishings provided in each Studio are in good and working condition. Renter agrees immediately inspect the Studio and all furnishings and equipment therein upon entering the Studio. If the Studio or any furnishings or equipment is damaged or not in working order at the time of such inspection, Renter must take a photo evidencing such existing damage or condition and email it to email@example.com no later than 15 minutes after the commencement of Renter’s Studio rental period. If no such notification is received within such timeframe, it is presumed that the Studio and all furnishings and equipment are in good working order free from damage. To the fullest extent permitted by law, Renter is responsible for risk of loss, theft, damage or destruction to the Studio and the contents therein. Renter agrees to immediately notify Company of any damage or situation that may interfere with the normal use of the Studio or the contents therein. Renter agrees to pay for any repair costs for damage to or loss of equipment, furniture, or the Studio caused by Group within 24 hours from receipt of notice of such damage from Company.
Renter agrees to pay for damage to the Studio including spills, scratches, excessive wear, marks or stains on furniture, fixtures, floors, or painted surfaces. Renter agrees to leave the Studio and all furnishings and equipment therein clean in good condition, normal wear and tear excepted. Trash should be in trashcans, equipment returned to its proper place, and any larger trash disposed of in the outside dumpster. If the Studio is not in the same condition when rented, Renter agrees to pay, as applicable (i) a minimum of a $100 cleaning fee (based on the amount of time required to clean the Studio at a rate of $100 per hour); and (ii) the cost to repair and replace any damage done to the Studio and the furnishings and equipment therein caused by the Group. Any such costs and fees will be charged to Renter’s credit card provided to reserve the space or Renter may be invoiced for such amounts.
Personal and Abandoned Property
The Company and its representatives no responsibility for any property placed in the Studio or any property that is left at the Studio after the your rental is over. After 4 days, we will presume any property we may find has been abandoned and we may dispose of it.
Responsibility for Usernames, Passwords, and Package Codes
Renter agrees to maintain the confidentiality of passwords associated with any account Client uses to access the Company’s website and reservation system. Renter agrees that Renter is solely responsible for all fees, costs, or other expenses charged related to any selections or other actions under Renter’s account. Any coupon, package, or gift certificate codes provided by Company should be kept confidential by Renter. Renter agrees to immediately notify Company if there has been a compromise in Renter’s account or with any coupon, package, or gift certificate codes.
Warranties, Disclaimers, and Exclusive Remedies
Company represents and warrants to Renter that it shall use commercially reasonable efforts to provide the Studio at the time and location reserved by Renter and that the Studio, inclusive the furnishings and equipment therein, shall be in good working order. Company shall not be liable for a breach of the warranty set forth in the immediately preceding sentence unless Renter gives written notice of the defective or deficient conditions in the Studio, reasonably described, to Company via email to firstname.lastname@example.org at the time when Renter discovers or ought to have discovered that the Studio or the furnishings or equipment therein were defective or deficient. Subject to Company receiving proper notice of any defective or deficient Studio space or furnishings and equipment in accordance with this Agreement and verification of such defect or deficiency, Company shall, in its sole discretion, either: (i) provide a credit for an alternate Studio booking; or (ii) refund the price paid by Renter for such reservation at the pro rata rate based upon the severity of the defect or deficiency. THE REMEDIES SET FORTH IN THIS PARAGRAPH SHALL BE RENTER’S SOLE AND EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS PARAGRAPH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY RENTER FROM COMPANY OR THROUGH OR FROM THE USE OF COMPANY’S WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT FOR THE WARRANTY SET FORTH IN THE FIRST SENTENCE OF THIS PARAGRAPH, RENTER’S USE OF THE STUDIO IS AT RENTER’S SOLE RISK AND ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE STUDIO, ANY FURNISHINGS OR EQUIPMENT THEREIN, OR THE USE AND RESULTS THEREOF, INCLUDING (A) ANY WARRANTY OF MERCHANTABILITY; (B) THAT RENTER’S USE OF THE STUDIO WILL MEET RENTER’S REQUIREMENTS; OR (C) THAT RENTER’S USE OF THE STUDIO WILL BE UNINTERRUPTED; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON WARRANTY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Exclusion of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF ITS LANDLORDS OR VENUE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE USE OF THE STUDIO; (c) LOSS OR DAMAGE TO ANY GROUP PROPERTY; (d) COST OF REPLACEMENT VENUES OR LOCATIONS; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCLUDING COMPANY’S WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY AND ITS LANDLORDS AND VENUE PROVIDERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO COMPANY FOR USE OF THE STUDIO UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification and Release
To the fullest extent permitted by law, Renter agrees to indemnify, defend, and hold harmless Company, the landlord of the Studio, and each of their owners, officers, agents, employees, successors and assigns (the “Indemnified Parties”) for, from, and against any and all liabilities, claims, damages, losses, suits, judgments, causes of action, liens, fines, penalties, costs, and expenses (including but not limited to, court costs, attorneys’ fees, and costs of investigation), of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (in whole or in part): (i) the use and occupation of the Studio and the parking lot and common areas associated therewith; (ii) any act or occurrence on Studio and the parking lot and common areas associated therewith or any part thereof; (iii) this Agreement or the performance by Renter of its obligations hereunder; or (iv) any act or omission of the Group (hereinafter collectively referred to as “Claims”), even if such claims arise from or are attributed to the concurrent negligence of any of the Indemnified Parties. The only liabilities with respect to which Renter’s obligation to indemnify the Indemnified Parties does not apply are liabilities to the extent proximately caused by the gross negligence or willful misconduct of an Indemnified Party.
The Indemnified Parties shall never be liable in any manner to Renter or the Group for any injury to or death of persons or for any loss of or damage to property of Group or to others, even if such injury, loss, or damage is caused, in whole or in part, by the negligence of Indemnified Parties. All personal property upon the Studio and the parking lot and common areas associated therewith shall be at the risk of Renter only and the Indemnified Parties shall not be liable for any damage thereto or theft thereof, even if due in whole or in part to the negligence of the Indemnified Parties.
As between the parties, oral statements or written material not specifically incorporated herein shall not be of any force or effect. The parties specifically acknowledge that by entering into this Agreement, the parties relied solely upon the representations and agreements contained in this Agreement and no others, and any conflicting or additional terms contained in any other statements, representations, or documents, and regardless of the source of such, are void. If there is a conflict between the terms and conditions on the reservation portal webpage and the terms and conditions herein, the terms and conditions herein shall control. Renter has relied solely on the terms and conditions of this Agreement in entering this contract and no other representations, warranties, or statements not contained herein. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. Each Renter and Company agree that, despite any legal presumption or common law doctrine to the contrary, this Agreement shall not be construed against the drafter as both parties have had the opportunity to review and accept the provisions contained in this Agreement. Renter has had the option to seek advice of counsel of its own choice in negotiating, drafting, and execution of this Agreement, and has done so prior to the execution hereof or has made the choice not to do so.
Waiver of Jury Trial
EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Governing Law and Venue for Disputes
This Agreement and all matters arising out of or relating to the transactions contemplated hereby will be interpreted under, and governed by, the law of the State of Texas without regard to its conflicts of laws provisions to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any legal suit, action or proceeding arising out of or related to this Agreement shall be instituted exclusively in the United States District Court for the Northern District of Texas or the state courts located in Dallas County, Texas, United States, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or inconvenient forum. Each party agrees that a final judgment in any such legal suit, action or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Company will not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by Company; government restrictions; or other event outside the reasonable control of Company.
Renter and Company agree that no joint venture, partnership, employment, or agency relationship exists between us.
No changes or additions to this Agreement shall be recognized unless and until made in writing by all parties to this Agreement.
Renter must comply with all applicable laws, regulations, and rules regarding its use of the Studio and actions therein.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Notices must be sent to the contact address set forth herein, and will be delivered as of the date of actual receipt. To Company: Cinque Creative, LLC d/b/a The Lumen Room, 6119 Goliad Avenue, Dallas, Texas 75214, with a copy to email@example.com. To Renter: your address and email as you provided in your account or reservation information.
The failure of Company to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time such failure continues, will not be a waiver of Company’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement will constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation of this Agreement. No waiver or consent will be effective unless in writing and signed by the party against whom such waiver or consent is asserted.
You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement without your consent. Any attempted assignment in violation of this paragraph shall be void.
Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement; provided, however, the Indemnified Parties shall be third-party beneficiaries of the Indemnification and Release provisions will full right to enforce the terms thereof.
In the event that Company institutes any legal suit, action, or proceeding, including arbitration, against Renter to enforce the covenants contained in this Agreement (or obtain any other remedy in respect of any breach of this Agreement), including for non-payment, Company shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by Company in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.
The following sections shall survive the expiration or termination of this Agreement: “Cancelling or Changing Your Reservation”; “Reservation and Payment”; “Restrictions”; “Alcohol”; “Damages and Cleaning”; “Personal and Abandoned Property”; “Responsibility for Usernames, Passwords, and Package Codes”; “Warranties, Disclaimers, and Exclusive Remedies”; “Exclusion of Damages and Limitation of Liability”; “Indemnification and Release”; “Entire Agreement”; “Waiver of Jury Trial”; “Governing Law and Venue for Disputes”; “Miscellaneous”; and, as applicable, “Damage Deposit” and “Insurance”.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
The additional terms below will apply if Renter has selected an Event booking.
If Renter has selected an Event booking, an additional $500 refundable damage deposit will be added to the cost of the rental amount to be charged at time of booking.
If damage to the Studio including any furnishings or equipment therein exceeds the amount of the security/damage deposit, Renter agrees to pay for any damage to the function space that occurs while the Group is using it. Renter will not be responsible, however, for ordinary wear and tear or for damage that it can show was caused by persons other than the Group and its attendees. After reasonable review by Company personnel for damages, the $500 security/damage deposit will only be refunded there are no damages to the Studio, including any furnishings and equipment therein, and if the Group has used the Studio for the time reserved. Damages, cleaning, and/or additional time costs will be withheld from the security/damage deposit.
If Renter has selected an Event booking, Renter must provide a Certificate of Liability Insurance to Company 14 days prior to the use of the Studio. This insurance certificate must explicitly state the following conditions:
At least $1,000,000 per occurrence, and $2,000,000 aggregate Bodily Injury and Property Damage Liability Limits must be included in the coverage;
At least $1,000,000 Host Liquor Liability must be specifically included in the above coverage if alcohol will be served at the Event; and
Cinque Creative, LLC d/b/a The Lumen Room, the landlord of the Studio, and each of their owners, officers, agents, and employees must be named as additional insured for any claim or claims resulting from or arising out of use of the Studio by the Group or the Event.
Such insurance must include a waiver of subrogation in favor of Company, the landlord of the Studio, and each of their owners, officers, agents, and employees. Such insurance must be primary and non-contributory with respect to any insurance maintained by Company. The insurance required under this Agreement does not represent that coverage and limits will necessarily be adequate to protect Renter, nor be deemed as a limitation on Renter’s liability to Company in this Agreement.
Failure to provide evidence of this insurance to Company, 14 days prior to the reserved time, may cause immediate cancellation of Renter’s reservation. Cancellations resulting from failure of Renter to provide Company with a proper and timely certificate of liability insurance will result in forfeiture of Renter’s security/damage deposit; however, Company shall refund the amount paid to reserve the Studio (minus the forfeited security/damage deposit) within 30 days of such cancellation.