Please read the agreement in its entirety. As we enter our busy winter season, here are a few important reminders we’d like to highlight:

• When renting The Loft, please include setup and cleanup times in your rental hours.

• Studio sessions at The Loft work because each photographer leaves the space in pristine condition for the next photographer (who may come in immediately following your session). Thank you for returning all furniture to its original location, sweeping, and leaving the studio as you found it.

• We have a strict no-glitter policy and we do assess a minimum of 250 for any use of glitter. This includes glitter poppers, confetti poppers that contain glitter, and glitter on any decor brought into the studio.

Paper confetti is allowed, but we suggest adding on an additional 30 minutes for cleaning when you are done.

• We do not allow pets in the studio.

• No boudoir sessions and no nudity of any kind (including partial nudity). Anyone attempting to use the studio for this purpose will no longer be allowed to book the studio.

• Bookings are non-refundable; clients may, however, reschedule their bookings using the “Reschedule” button included in the confirmation email anytime up until 24 hours prior to their session.

• Client is responsible for reading all terms and conditions in the agreement below to avoid any additional damage or cleaning fees. Booking the studio means that you have read and agree to these terms.

Terms + Conditions

FACILITY USE AGREEMENT
This Facility Use Agreement (the “Agreement”) is entered into by and between The Loft Studio + Space LLC, a South Dakota limited liability company (“The Loft”) and (the “Client”), whose name and address are outlined in the Confirmation Email for use of The Loft’s facility located at 405 Canal St., Suite 2000, Rapid City, SD 57701 (the “Facility”) and services in connection therewith which are specifically enumerated in this Agreement.

In consideration of the foregoing and the payments and other mutual promises set out below, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Facility Use and Services
The Loft hereby grants to the Client a limited and revocable license to use the Facility for Client’s Booking, subject to the terms hereof. 

Facility Use Fee
The Facility Use Fee includes any services provided by The Loft hereunder and all items, equipment, and/or personal property rented to the Client.

Payment of the Facility Use Fee shall be as follows:

Client will pay the Facility Use Fee in full upon execution of this Agreement. If, on Client’s Booking date, the client extends their Booking for any reason, Client will be charged 1.5x the hourly rate.

If the Client fails to pay the Facility Use Fee or otherwise cancels the reservation for any reason, or violates the terms of this agreement, The Loft may unilaterally terminate this Agreement, revoke the license granted herein, and keep any sums paid by the Client up to the date of termination as liquidated damages. The parties hereby agree that such amount is a fair and reasonable estimate of the total detriment and damages that The Loft would suffer in the event the Client fails to make full and timely payment of the Facility Use Fee or cancels the booking for any reason.

Cancellation & Rescheduling
Bookings are payable at the time they are scheduled and are non-refundable. However, up until 24 hours prior to the scheduled start time of Booking, the Client may use the “Reschedule” button on their confirmation email to reschedule their session.

If the Booking is cancelled less than 24 hours before the scheduled start time of Booking, the 30% of the Facility Use Fee will be fully forfeited. The remaining Facility Use Fee can be applied to a new date, subject to Company availability and at Company’s discretion. 

Credit Card Guarantee
The Client agrees to provide a valid credit number (and other customary information required to process a credit card transaction) to The Loft upon execution of this Agreement. The Client hereby authorizes The Loft to charge any fees, costs, expenses or charges incurred under this Agreement, or any other sums due hereunder, to the credit card The Loft has on file for the Client in the event that repair and/or excessive cleaning is required (in the sole discretion of The Loft) after the Booking to return the Facility to such condition as it existed prior to the Booking.

Uses of Facility

Client agrees that use of the facility will not interfere with the peaceful enjoyment of other tenants.

Due to the other businesses operating in close proximity to the studio, no nudity or boudoir photography is permitted in the Facility.

Out of respect to those with allergies, animals are not allowed in the Facility.

Prohibited Items and Activities
The following are prohibited at the Facility: (i) command hooks, nails, staples, glues, screws, tacks, or the like on the walls, ceilings, or floors; (ii) holes in the walls (including moveable walls and exposed brick walls), partitions, ceiling, or floors; (iii) painting of any signs, placards, or other advertising, banners, pennants, awnings, or the like; (iv) sparklers, fireworks, or pyrotechnics of any sort; (v) hazardous, poisonous, or flammable materials; (vi) open flames, grills, or heating elements of any kind, (vii) glitter, rice, bird seed, or silly string; (viii) drugs of any kind, including recreational marijuana; (ix) smoking of any kind, including vaporizers; (x) boudoir / bedroom sessions and nudity of any kind (including partial nudity); (xi) animals and pets.

Booking Capacity
The total number of guests in the space at one time during the booking will not exceed the capacity detailed on the Client’s Booking Confirmation (the “Total Booking Capacity” or “TBC”). The TBC includes all persons at the Booking, i.e., all guests, vendors, photographers, Company personnel, and any other persons present at the Booking. The Loft reserves the right to refuse admission to the Facility to all persons in excess of the TBC. 

Use and Return of the Facility
The Loft will make the Facility available to the Client on the Booking Date in conformance with the specifications set forth in the Confirmation Email. The Facility will be provided as-is. The Loft makes no representations or warranties regarding the suitability of the Facility for the Client’s intended use. The Loft makes no warranties (express, implied, or statutory) as to any matter whatsoever addressed in this Agreement, including the provision of services by The Loft, the condition of the Facility, its merchantability, its capacity, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts. 

The Client will leave the Facility in the same or similar condition as it was delivered to the Client. Any outside materials brought to the Facility by the Client or any third party on the Client’s behalf must be removed by the end of the contracted Booking. If applicable, the Client will return all rented equipment and personal property in the same condition as it was provided to the Client. 

Damages
The Client shall be responsible for any damage caused to the Facility beyond ordinary wear and tear. If the Facility is not left in the same condition, the Client’s credit card on file will be charged a $250 cleaning fee, plus any additional applicable expenses. Any damage to the walls, (including moveable walls) will result in the Client’s credit card being charged for the cost of repair plus an automatic $200 repainting fee.

The Client will also be responsible for all consequential damages that may result in The Loft’s inability to operate.

The Client hereby authorizes The Loft to charge the Client’s credit card on file for any and all amounts due under this section.

Food & Beverage
Client may not cook on site but may bring pre-made outside food and drinks.

If client chooses to serve beer from the brewery in the same building, client must purchase closed containers, which may then be opened only in The Loft.

No open containers of alcohol may be carried or consumed in the hallways or outside of The Loft.

Safety and Security
Any disorderly conduct during the Booking will be grounds for immediate termination of the Booking. The Loft reserves the right, but assumes no duty or obligation, to take any necessary action, including termination of the Booking, to protect the safety and well-being of the Facility and all guests and personnel at the Booking. The Client will ensure that the Booking is operated in a safe and secure manner at all times. Children 16 years or younger must be supervised and accompanied by an adult at all times.

The Loft reserves the right, but assumes no duty or obligation, to refuse admission to any person into the Facility or to eject any person from the Facility whom it believes, in its sole judgment, may cause disruption, disturbances, endanger life, or cause bodily injury or in any way affect the safety and security of the Facility, The Loft’s employees, staff, or personnel, neighboring Businesses and their guests in the same building, or the Client's guests. The Client, on behalf of itself and its guests, hereby waives any and all claims for damages against The Loft and the building owner, Landstrom’s Gold Creations LLC, and their officers, agents, employees, and contractors, resulting from the exercise of this authority.

The Loft is not responsible for the loss, theft, misuse, or damage of or to the personal or organizational property of the Client or the Client’s guests. The Loft is hereby authorized to remove from the Facility, and to dispose of in any manner it deems advisable, any goods, equipment, or other property which remains in the Facility after the completion of the Booking. The Loft will not be liable for any damage to or loss of any such property, and The Loft, its agents, employees, and contractors are hereby expressly released from any and all claims for any such loss or damage.

The Client acknowledges that the Facility has video surveillance in The Loft and consents to the recording of the Booking for security purposes. The Client will not tamper with, cover, or remove any cameras located in or around the Facility.

Age of Models
Client is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. The Loft has no responsibility to determine or verify the age of participants in the Booking 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 the Booking if The Loft becomes aware that legal age violations are occurring. The Loft is not liable in the case of an invalid identification or any other form of age verification

Equipment Damage or Loss
The Client is responsible for all loss, damage, or destruction of The Loft equipment or personal property provided for the Booking. The Client will be responsible for the replacement cost value or repair cost of the equipment. The Client will also compensate The Loft for the loss of use of any equipment during the time it is being repaired or replaced. The Client is not responsible for loss or damage to equipment caused by The Loft’s sole negligence or misconduct.

The Client must carry their own business insurance policy. Members are required to submit a copy of their current insurance policy prior to becoming a member.

Media Capture & Media Share
If Client opts in to media capture, The Loft reserves the right to make photographs, audio, and video recordings during the Booking at its option, to use in connection with The Loft’s marketing, promotions, and portfolio. Such capture will be subject to The Loft’s collection of proper rights and releases from those present at the Booking.

For content shared on social media, The Loft may occasionally share already public photos in their own social media for the sole purpose of promoting The Loft and the types of content created there. (If you prefer your photos not be shared, or you or your clients have privacy requests, please reach out to us via email to let us know. We respect your privacy.)

On-Site Contact
The Client must retain and appoint an on-site contact for the Booking. The on-site contact must be specified on the Booking Confirmation unless and must be on-site at the Facility throughout the Booking and will be responsible for Booking setup, coordination, management, tear down, and cleanup in accordance with The Loft’s check out reminder sheet (on the bulletin board), and in support of The Loft personnel.

Independent Service Providers
The Client hereby agrees to indemnify, defend and hold harmless The Loft, and its affiliates, officers, directors, employees, contractors, agents, successors, and assigns, and building owner Landstrom’s Gold Creations LLC from any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to any damage or injury (including death) to any person or the Facility caused by any independent service provider hired or employed by the Client to provide services for the Booking, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, or agents.

Control of Facility – Not a Lease
This Agreement is not a lease. Nothing in this Agreement will be construed to entitle the Client to any right of possession or control of the Facility. The Loft reserves the right to possess and manage the entire Facility and to enforce all necessary rules for the management of the Facility. The Loft will have the right to enter the Facility grounds at any time for any reason. A representative of The Loft may be at the Facility throughout the Booking.

Ingress and Egress
All portions of the entrances, passages, vestibules, halls, and all ways of access to public utilities on the Facility grounds will be kept unobstructed by the Client and will not be used for any purpose other than ingress or egress to, from, and within the Facility.

Indemnification
In addition to (and not in lieu of) the indemnification above, the Client agrees to indemnify, defend and hold harmless The Loft, its affiliates, officers, directors, employees, agents, contractors, successors, and assigns, and building owner Landstrom’s Gold Creations LLC from and against any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to the Client’s actions or inactions under this Agreement and/or the Client’s use of the Facility, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, guests, or agents. The Client will immediately notify The Loft of any instance giving rise to the foregoing indemnification including damage or injury of which it has knowledge in, to, or near the Facility, regardless of the cause of such damage or injury.

Client and anyone claiming through or under Client, by way of subrogation or otherwise, releases The Loft and its affiliates, officers, directors, employees, agents, successors, and assigns, and building owner Landstrom’s Gold Creations LLC from any and all liability or responsibility for any loss, claim, or damage to person or property, even if The Loft was aware of such liability or such casualty was caused by the fault or negligence of The Loft.

Permitted Use
The Client is authorized to use the Facility for the Booking and for no other purpose. The Client may not use the Facility in any manner that would render the insurance for the Facility void or which may result in increased insurance premiums for The Loft. The Client is further restricted to the use of only such parts of the Facility as are described in the Booking Confirmation. The Client will not be granted access to any portion of the Facility not set forth in the Booking Confirmation.

Termination and Revocation of License
Realm shall have the right to immediately terminate this Agreement and revoke the Client’s license to use the Facility at any time prior to the Booking Date due to nonpayment of any Facility Use Fee, Client’s other breach of this Agreement, or if Client intends to use the Facility for a purpose The Loft finds inappropriate in its sole discretion.

Compliance with Laws, Policies, and Procedures
The Client will comply with all applicable city, state, and federal laws, including rules and regulations prescribed by the Rapid City Fire Department, Rapid City Building Department, Rapid City Police Department, and all rules and policies set forth by The Loft as they pertain to the Facility. The Client will not use the Facility or any part thereof for any unlawful or immoral purpose or in any manner so as to injure person or property in, on, or near the Facility. The Client will obtain and maintain all necessary permits, licenses, and other forms of authorization necessary to use the Facility as permitted hereunder.

Representations
Each party represents and warrants that it has full and complete authority to enter into, execute, and perform this Agreement. Each individual signing on behalf of an entity represents and warrants that he/she has full and complete authority to enter into and execute this Agreement on behalf of that entity. Each party acknowledges that it has read and understands all the provisions of this Agreement, and that such provisions are reasonable and enforceable.

Alternate Photo Shoot Date
In the event that Realm is unable to make the Property available to Client on the Booking Date, Client will have the option of choosing an alternate date to hold the Booking (“Alternate Booking Date”). If Client selects an Alternate Booking Date that is reasonably acceptable to The Loft, then the Alternate Booking Date will replace the Booking Date for the purposes of this Agreement and this Agreement as modified will remain binding on both parties. If Client and The Loft cannot agree on an Alternate Booking Date within 10 days of Company notifying Client of the unavailability of the Property, then Company will refund to Client the full amount of the Booking Fee. In neither case will Company be liable for any additional costs or damages suffered by Client arising out of a rescheduling or cancellation of the Booking pursuant to this section. 

Revocation
The Loft shall have the right to revoke Client’s license to use the Property at any time prior to the Booking Date, provided it gives Client prior written notice, due to nonpayment of fees, Client’s breach of this Agreement, or if Client intends to use the Property for a purpose Company finds inappropriate in its sole discretion.

Entire Agreement 
This Agreement and the Booking Confirmation constitute the entire agreement between the parties regarding their subject matter, and supersede any prior understanding or representation, oral or written, regarding said subject matter. This Agreement may only be modified in a writing signed by both parties. The Client may not assign or transfer its rights or obligations under this Agreement without prior written consent of The Loft. If any part of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be limited so as to be valid and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by the laws of the State of South Dakota and the parties hereby submit to the exclusive jurisdiction of the courts located in Rapid City, South Dakota. In the event of any dispute hereunder, The Loft may recover its reasonable attorneys’ fees and costs. Notwithstanding which party drafted this Agreement, its interpretation will not be construed against either party. This Agreement may be executed in counterparts and digital copies, each of which will be an original and all of which will constitute a single instrument.

Time to Bring Action
No action against The Loft, regardless of the theory of recovery, may be brought unless the action is commenced within 3 months after the occurrence causing the loss or damage.

MEDIA CAPTURE

Renter grants Company the right to capture the Photo Shoot in photos, audio, and video and to use the resulting captures in connection with Company’s marketing, promotions, and portfolio. Renter agrees Company will have the perpetual, irrevocable, worldwide right and license to reproduce, display, perform, distribute, and create derivative works of the captures in all formats and media in connection with Company’s marketing, promotions, and portfolio. Any such use will be subject to Company obtaining necessary rights and releases from those appearing in the captures.

MEDIA SHARE

Renter grants Company the perpetual, irrevocable, worldwide, nonexclusive, royalty-free right and license to reproduce, display, perform, and distribute the photographs and audio and video recordings that Renter creates or owns from the Photo Shoot and delivers to Company for this purpose, or that Renter displays, performs, or shares publicly. Company may only exercise the foregoing rights in connection with Company’s marketing, promotions, and portfolio and will properly credit Renter in connection therewith. Renter represents and warrants that Renter has all necessary rights from those appearing in the photos and recordings, owns all rights in and to the photos and recordings, and Company’s use of said photos and recordings will not violate any third party’s rights.