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Booking Space / Rental Equipment  & Website Terms of Use Agreement

 

As a condition of the above named RENTER renting studio facilities and equipment of FMS ( Fallout Music Shelter) , the RENTER hereby freely, voluntarily, and without duress executes the Release and Waiver of Liability under the following terms:

 

1. INDEMNITIES AND HOLD HARMLESS

The undersigned Renter, on his/her own behalf of his/her heirs, next of kin, executors, administrators, personal representatives, and assigns, does hereby agree:

a) to waive all claims that the Renter may have now or in the future against FMS, its employees, directors, officers, insurers, agents, successors, and assigns of FMS (collectively “Fallout Music Shelter” or the “Released Parties”) with respect to the above mentioned rental, including, but not limited to, claims arising as a result of equipment malfunction or failure, accidents, falls, or any other damage(s)/accidents or any other cause while on the premises of Fallout Music Shelter;

b) to release and forever discharge the Released Parties from all liability for personal injury, death, property damage or loss resulting from the rental due to any cause, including, but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract, mistake(s), action, lack of action, or error of judgment on the part of FMS owners and/or staff;

c) to be liable for and to hold harmless and indemnify FMS, its ownership, and staff from all actions, proceedings, claims, damages, costs, demands, including hospital costs, court costs, arbitration or legal fees, and liabilities of whatever nature or kind arising out of or in any way connected with the rental or any behavior exhibited during the rental session at FMS facilities.

Renter agrees to hold FMS, its agents or owners, representatives, and anyone acting on behalf of FMS completely harmless from any responsibility, action, legal or otherwise, that results from Renter’s (or anyone related to the Renter’s party) actions and conduct. Additionally, Renter agrees to indemnify and hold harmless FMS, of any liability or responsibility for Renter’s, or any of the Renter’s associated party, behavior and conduct towards another person at any time while on FMS property or general area of FMS facilities.

 

2. MINORS

Renters are solely responsible for verifying that all models employed during Renter’s rental period are of legal age for the activities they are to be engaged in. Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter while on our premises. FMS has no responsibility to determine or verify the age of participants in the Renter’s activities.

 

3. ACCEPTANCE OF RESPONSIBILITY

The Renter hereby accepts and assumes all responsibility for all risks associated with and/or resulting in his/her use of the premises and equipment (THIS INCLUDES ALL PERSONS ASSOCIATED WITH THE RENTER, INCLUDING BUT NOT LIMITED TO RELEVANT GUESTS, MODELS, ASSISTANTS, PHOTOGRAPHERS, OR FRIENDS). The Renter freely accepts these risks and agrees to the terms of the Release, even if FMS is found to be negligent or in breach of any duty of care or any obligation to the Renter.

The Renter agrees responsibility for any loss (in the amount solely determined by FMS ownership) or damage to the studio; equipment on premises of the business resulting from the Renter’s same (except for normal wear and tear). The Renter agrees to pay the costs of repair or replacement for any such loss or damage within 48 hours of a claim from FMS to the Renter.

Use of FMS facilities and equipment is at Renter’s own risk. Renter hereby waives rights to seek legal redress for mishaps, accidents, and/or loss while on our premises. Renter agrees to leave the studio and adjacent grounds in the same condition, as they were when Renter arrived. Renters are solely responsible for any legal infractions Renter or members of Renter’s party make during the conduct of the scheduled booking, be they in our studio or elsewhere. This includes parking tickets, claims of personal abuse, or all other violation or citations, and legal action resulting from the conduct of the studio booking, taken at whatever time. Renters are solely responsible for the safety and well-being of any models, production assistants, or any other personnel accompanying Renter or engaged by Renter.

 

4. AGREEMENT TO ARBITRATION

If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claim to binding arbitration subject to the commercial arbitration rules of the American Arbitration Association. This arbitration will take place in Queens, New York. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the American Arbitration Association, that they will faithfully observe this agreement and the Rules, and that they will abide by and perform any award rendered by the arbitrator, and that a judgment of the court having jurisdiction may be entered on the award. The prevailing party in any such arbitration shall be entitled to an award of reasonable attorney’s fees and costs in addition to any other relief granted.

 

Terms of Use

The Renter (as the customer of Fallout Music Shelter) assumes responsibility for yourself and any other individuals who enter the rented studio space during your designated time and agree to follow the rules and regulations of FMS. You also agree that you will be billed for any charges resulting from your usage of the facility, which includes but is not limited to missing gear upon checkout, negligence that results in the gear or the studio being damaged, or any overage in time (extra charges are billed with a 48 hour due invoice). Scratches/dents to FMS equipment will result in a minimum damage fee of $50. Dirty or damage equipment (for example, backdrops, microphones, speakers, lights) the booking customer may be billed up to $1000 if deemed as an appropriate charge by FMS staff or management. Please make sure to advise your crew to be careful using our equipment. FMS is always providing a stuff member on side that can assist on your booking.

 

MINORS:

If you are under eighteen (18) years of age, the parent or legal guardian who executes this agreement on your behalf agrees that both you and the parent or legal guardian shall be subject to all the terms and conditions set forth in this agreement. No minors are allowed in FMS facility without a parent or a legal guardian. If you violate this policy, not only are you subject to being barred from future use of the space, but are also hereby notified that you assume full liability for any and all litigation outcomes associated with photography/videography of a minor. Fallout Music Shelter is not liable for violation of this policy.

 

RULES AND REGULATIONS:

1. Studios must be vacated on time. Set-up, breakdown, cleanup, pack-up are all included in the reserved time that was scheduled and agreed to. Overtime fees are $65/hr and are billed in 15 minute increments. (For practical purposes, this means that if you are in the space from 1 to 15 minutes beyond your allotted time, you will be billed an additional $16.20 in late fees. 16 to 30 minutes over will incur a fee of $32.50, etc…)

2. Maximum capacity is 10 people.

3. There is an extra charge of $15 when your booking is past 12 am. An invoice is issued after the initial booking and must be paid within 48 hours.

4. At no time are customers to engage in any kind of unlawful activities while on the premises of Fallout Music Shelter.

5. All customers and related parties must read and take notice of on-site signage, staff instructions, and be kind to all other customers.

6. When using our backdrops, we provide sticky mat’s to use before stepping on the backdrops. Please follow stuff directions for using our backdrops.

7. Cancellations to your reservation made with less than 24 hours notice will be charged in full. Consecutive cancellations (twice or more in a row) will not be refunded or credited. Rescheduling with less than 3 days’ notice will incur additional 15% fee.

8. Please leave the studio as you found it…if cleaning/re-organizing/adjusting is necessary to return the studio to its original state, you may be charged a $30 cleaning fee.

9. Smoking is not permitted inside the facility. Outside smoking its ok.

10. The rental equipment provided for your booking, it’s only allowed to be use in our facility. The rental equipment provided to your booking is accounted for before and after your session. If anything is missing, the booking customer will be charged the retail “new” value for that item. Our stuff member on site will provide you with the necessary equipment and cables for your rental equipment. At the end of your booking, our stuff member is there to help with accounting the return of the rental equipment.

11. Please also note that FMS facility is a private spaces; however, there are security systems in place that include cameras. Camera contents are never broadcast, shared, or used in any other way than to provide risk management for FMS assets, employees, and customers. Your privacy is just as important to us as your safety and FMS agrees to this promise of privacy. You and any associates that are with you as the “booking party” are hereby notified of these security systems. Tampering or in any way manipulating security system equipment may result in criminal charges.

12. FORCE MAJEURE: Neither party shall be liable to the other party for failure or delay to meet any obligation under the terms or conditions of this Agreement when such a claim is attributable to causes by greater force, clearly beyond that party’s control and not a consequence of that party’s fault or negligence, or when the reason for said claim could be avoided by the exercise of due care by that party.

13. If a representative or group should violate any items of this agreement, FMS staff will have the right to terminate their occupancy immediately as well as deny them services in the future.

14. FMS staff shall have the right to inspect the equipment and facility at any time during the rental term. You shall make any and all arrangements necessary to permit an employee of FMS access to the equipment and facility If a breach of any of the provisions of the Rental Contract occurs, FMS has the right to revoke your access to the equipment and to the facility without any liability to you, and without prejudice to Fallout Music Shelter.

Agreement between User and falloutmusicshelter.com
Welcome to www.falloumusicshelter.com. The falloutmusicshelter.com website (the "Site") is comprised of various web pages operated by FMS stuff, is offered to you ("User") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of falloutmusicshelter.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.falloumusicshelter.com is a production facility, informational, booking and rental site. FMS provides hourly rental of the space and equipment, for various productions at FMS facility.


 

Privacy
Your use of falloutmusicshelter.com is subject to FMS Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications
Visiting falloutmusicshelter.com or sending emails to FMS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FMS is not responsible for third party access to your account that results from theft or misappropriation of your account. FMS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen
FMS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use falloutmusicshelter.com only with permission of a parent or legal guardian.

 

Cancellation/Refund Policy
Cancellations to your reservation made with less than 24 hours notice will be charged in full. Consecutive cancellations (twice or more in a row) will not be refunded or credited. Rescheduling with less than 3 days’ notice will incur additional 15% fee.

 

Links to Third Party Sites/Third Party Services
falloutmusicshelter.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FMS and FMS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FMS of the site or any association with its operators.

Certain services made available via falloutmusicshelter.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the falloutmusicshelter.com domain, you hereby acknowledge and consent that FMS may share such information and data with any third party with whom FMS has a contractual relationship to provide the requested product, service or functionality on behalf of falloutmusicshelter.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use falloutmusicshelter.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FMS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FMS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FMS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FMS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FMS or our licensors except as expressly authorized by these Terms.


International Users
The Service is controlled, operated and administered by FMS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FMS Content accessed through falloumusicshelter.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification
You agree to indemnify, defend and hold harmless Fallout Music Shelter, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FMS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FMS in asserting any available defenses.

 

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Fallout Music Shelter agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FMS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FMS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RENZ + OEI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


Termination/Access Restriction
Fallout Music Shelter reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FMS as a result of this agreement or use of the Site. FMS performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FMS right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FMS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FMS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FMS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


Changes to Terms
FMS reserves the right, in its sole discretion, to change the Terms under which falloutmusicshelter.com is offered. The most current version of the Terms will supersede all previous versions. Fallout Music Shelter encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us 
Fallout Music Shelter welcomes your questions or comments regarding the Terms: 


23-31 Brooklyn Queens Express Way West, NY 11103

Email Address:
falloutmusicshelter@gmail.com

 

Telephone number: 
+1332-283-7606

 

Effective as of March 14, 2024

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