PAYMENT POLICY
All payments must be received before use of the studio(s), unless prior arrangements have been made through Management. All invoices will be charged to the card on file the day prior to the start of the booking period. If you do not have a card on file, please pay your invoice by the day prior to the booking. Unpaid bookings will be forfeited.
LATE PAYMENTS:
Late payments will accrue a late fee of 1.5% per 14-day period, with minimum of $10 per period.
CANCELLATION POLICY
CHANGES/CANCELLATIONS FOR HOURLY/DAILY STUDIO BOOKINGS
If the Booking is made on the same day of the Booking Period, no change/cancellation is permitted.
If the Booking Period is 2 hours or less in duration, then notification of cancellation must be given at least 48 hours in advance of the commencement of the Booking Period.
If the Booking Period is more than 2 hours but less than 6 hours in duration, then notification of cancellation must be given at least 72 hours in advance of the commencement of the Booking Period.
If the Booking Period is 6 hours or more in duration, then notification of cancellation must be given at least 1 week in advance of the commencement of the Booking Period.
ALL CANCELLATIONS MUST BE MADE VIA EMAIL OR PHONE CALL WITH RECEIVED WRITTEN CONFIRMATION FROM STUDIO ADMINISTRATOR. ALL PHONE CALL REQUESTS MUST BE MADE DURING BUSINESS HOURS. VOICEMAIL NOTICE IS NOT SUFFICIENT.
*Management reserves the right to retain any deposits, or choose not to refund or issue a credit the client if the cancellation policy is not followed. The client will be charged the full amount of the rental, if cancellation occurs after appropriate deadline. All invoices will be charged to the card on file the day prior to the start of the booking period. Cancellations must be done by email or phone during business hours.
For Lockout & Package Bookings, Client is liable for all charges as specified in the Booking Confirmation of signed agreement, including cancellation fees, as follows:
6 months’ or more advance notice, Client is liable for 0% of the Rental Fee.
5-6 months’ advance notice, Client is liable for 25% of the Rental Fee.
3-5 months’ advanced notice, Client is liable for 50% of the Rental Fee.
1-3 months’ advanced notice, Client is liable for 75% of the Rental Fee.
1 to 30 days advanced notice, Client is liable for 100% of the Rental Fee.
If OJS is reasonably able to rent the Facility at equal or greater value of the Rental Fee, OJS may refund the Rental Fee minus applicable costs and fees (“Refund”), at OJS’ sole discretion.
*OJS reserves the right to reassign bookings to studios of equal or greater value at OJS’ discretion.
CONDITIONS OF USE
1. CONDITIONS OF USE
By renting space, Client assumes complete responsibility for the rental of the Facility and equipment, if any, that Client reserves under the Client’s name, whether reservation is made in person, by email or any other means. Client assumes all responsibility for any persons participating in any activity relating to Client’s rental of the Facility (each referred to as “Guests” hereafter).
Client and Guests shall not act in any manner which conflict with laws, ordinances, orders, requirement, rules, or regulations of the Fire Department of New York, or Board of Health, or any other governmental department or agency having jurisdiction. Client acknowledges and agrees, on behalf of itself and its Guests, that any use of the Facility, including all activities relating to the rental of the Facility, is done at their own risk and OJS disclaims any and all liability arising out of such use.
Client and Guests shall act in a courteous and professional manner with other guests and staff, showing respect and consideration for others who work in the space. Harassment and exclusionary behavior will not be permitted.
Client agrees, on behalf of itself and its Guests, that they may be recorded for security purposes in the corridors, foyers and vestibules at the Facility.
Client shall not make any changes or alteration to any part of the interior or exterior of the Facility or any other part of the Facility.
Client shall take good care of the Facility and upon the completion of any of its rentals hereunder, shall restore the vacated Facility to its condition prior to the end of the Booking Period. Client agrees that all tape and markings will be removed from the Facility and that the Facility shall be clean and in good order and repair upon the completion of its rental.
No portion of the corridors, foyers and vestibules comprising a part of the Facility shall be obstructed at any time by Client or used for any purpose other than ingress and egress to and from the Facility.
Client agrees that it is responsible for any damage caused to the Facility by Client, Guests, their agents and employees.
Client agrees to arrive on time; time will not be extended for tardiness. Additionally, Client agrees to vacate the space on time to accommodate the next client coming in.
Client acknowledges and agrees that smoking is prohibited in the Facility and the rest of the building. The use of glitter, paint, incense, candles, or open flame of any kind is prohibited.
Pianos: If you will use the piano your Facility is equipped with, please follow the Piano Policies listed on the piano. Pianos are not to be moved out of the Facility or between studios.
Hallways: You may not use the hallway as a rehearsal area, storage area, or fitting room. Hallways must remain free of obstruction at all times. Please keep quiet in the hallways out of consideration for those rehearsing in neighboring studios. No bare feet or tap shoes are permitted in the hallways.
No open flame or special effects (fog, pyro, fire, smoke, water, etc.) may be used without approval by OJS staff.
Most studios are provided with a permanent vinyl dance floor; all dance studio floors are sprung (excepting Studios 12D, 12F, 12G, 12N). Client recognizes that these floors and coverings are sensitive and will ensure that the floors will not be subjected to abuse. The use of rosin is not permitted without prior notice to OJS’ staff on the permanent floors; at Client’s request and pending availability, additional time may be booked for proper cleaning after rosin use. The use of scenery, wagons, etc. at the studios may necessitate the placement of full or partial protective covering. Such protection will be required at the sole discretion of OJS staff and will be the responsibility of the Client. No penetration or mechanical fastening to the floors of any kind will be permitted.
Pets: 1601 Broadway is a “no pet” building, however as a public space, Open Jar Studios complies with ADA regulations, which allows ADA accredited service dogs trained to provide assistance to individuals with disabilities into the facility. A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Under Title II and Title II of the ADA, Emotional support animals, comfort animals, and therapy dogs are NOT considered service animals.
If a service animal isn’t wearing an identification tag, or it’s not apparent the service being performed, Open Jar Studios requires that the owner fill out a registration form.
2. INDEMNIFICATION
Client and Guests shall use the Facility and any equipment at its own risk. Client agrees to indemnify, hold harmless, and defend OJS and all of its employees, members, shareholders, directors, affiliates and subsidiaries against any and all claims, actions, damages, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with this Agreement, which includes, without limitation, use of the Facility and any equipment, including, without limitation, loss of or damage to any property or for injuries to or death of any person, caused by, or arising out of, or contributed to by any reason of any alleged act of Client, its Guests, or their employees, agents or representatives. Said indemnity and defense obligations shall apply whether or not said claims also arise out of the concurrent act, omission, or negligence of OJS, whether active or passive. However, the obligations will not be deemed to apply to the extent the Claims arise out of, pertain to, or relate to the active negligence or willful misconduct of OJS. Client/Guest agrees that its duty to defend OJS shall be immediate upon OJS’ written notification to Client of a pending claim potentially falling within the scope of this Agreement. Client/Guest agrees that its immediate duty to defend OJS is not contingent upon a finding of negligence, in accordance with New York State Law. Client’s/Guest’s indemnification and defense obligations hereunder shall extend to claims after this Agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the OJS for such matters which are indemnified hereunder are fully and finally barred by applicable laws.
3. DISCLAIMERS/LIMITATION ON LIABILITY
GENERAL DISCLAIMER. The Facility and other items provided by or through OJS or any of our third party suppliers under or in connection with this Agreement (collectively “Offerings”) are provided “AS IS”, “WHERE IS” and “AS AVAILABLE”. OJS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY OF THE OFFERINGS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OJS AND THEIR THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. To the extent permitted by law, OJS shall not be liable to Client or their Guests for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, unless such a loss is the direct result of the gross negligence of OJS. If OJS is found liable to Client or their Guests for damages from any cause whatsoever arising from this Agreement, the aggregate amount of all such liability shall be limited to and shall not exceed $2,500.
It is agreed that OJS shall not be responsible or have any liability for loss or damages to any equipment or property owned, rented, or brought into the Facility or Facility’s building by Client, or any agent or employee of Client, which may be kept or placed in the Facility or Facility’s building, or used in connection with the Facility rental or entrusted to any person employed by OJS due to fire, theft, or any other cause, unless such loss or damage to such equipment or property was caused willfully by an agent or employee of OJS.
6. LICENSE
Rental Agreement is intended to be a license and shall not constitute a lease, sublease, right of occupancy, or conveyance of, or to confer upon Client any right, title, estate or interest in or to, the Facility.
7. USAGE
It is Client’s sole responsibility to acquire all applicable usage rights to any works produced pursuant to this Agreement, including any copyrighted material and intellectual property belonging to third parties. Client will defend, indemnify and hold harmless OJS and its affiliates, officers, directors, employees, customers and agents from any and all claims, losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees and court costs) which result from a misuse, copyright infringement, breach or alleged breach of any covenant, representation or warranty of Client relating to the works pursuant to this Agreement.
8. ACCIDENT REPORTS
If any of the equipment is damaged, lost stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, Client will promptly notify OJS of the occurrence, and will file all necessary accident reports, including those required by law and those required applicable insurers. Client, its employees, and agents will cooperate fully with OJS and all insurers providing insurance under this Agreement, if any, in the investigation and defense of any Claims. Client will promptly deliver to OJS any documents served or delivered to Client, Client’s employees, Client’s Guests, or Client’s agents in connection with any claim or proceeding at law or in equity begun or threatened against Client, OJS, or both parties.
9. NON-DISPARAGEMENT
Client shall not at any time during, or following the end of the Booking Period, publish or communicate disparaging or derogatory statements or opinions about OJS, or venue, any of its subsidiaries or affiliates, or any of their respective shareholders, directors, officers, employees, managers or members. In addition to any other relief or remedy OJS is entitled to, OJS shall be entitled to equitable relief with respect to any breach of this section including without limitation, injunctive relief with bond or security required to be posted by OJS not to exceed $500.00.