Terms of service
OVERVIEW
This website is operated by Studio-35MM. Throughout the site, the terms “we”, “us” and “our” refer to photo-studio-store. photo-studio-store offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
By engaging to rent 35MM-Studio (hereinafter referred to as the “Company”) photography studio. You, the undersigned (herein referred to as the “Renter”), hereby state that you have read, fully understand, and agree to be bound by the following terms and conditions.
1. PAYMENT
Renter will provide full payment for all reservations of studio space in US funds. Renter’s date will not be held until this payment is received and cleared. Please see Cancellations and Change of Booking of reservation. If the Company must cancel Renter’s reservation, Renter will receive a full refund. Payment for Renter’s rental must be received in full, unless otherwise agreed in writing, to confirm the booking slot. Company reserves the right to refuse reservations at its sole discretion.
Cancellations/Reschedule: To reschedule or cancel your studio reservation without incurring an additional fee, please do so a minimum of five hours in advance of your reservation time. Ex: Reservation is for 12pm, you must cancel or reschedule before 7am. Please forward your confirmation email to Contact info@studio-35mm.com to reschedule your booking.
Holiday setup bookings are NOT eligible for rescheduling, refund, or credit! If a customer independently reschedules their holiday sessions, the rescheduled session will be considered canceled.
Upon cancellation, you will receive a credit for the dollar amount spent that can be applied toward a future rental. Your credit is valid six months from the date of the original reservation. Ex: $500 purchase becomes a $500 credit to use within 6 months.
Cancellations and rescheduling requests received after the five hour mark are not eligible for a credit.Ex: Reservation is for 12pm, you notify of rescheduling after 7am.
ALL PURCHASES ARE NON-REFUNDABLE.
2. LENGTH OF USE
Studio cleanup must be completed by the end of the booked rental period. If the studio is not satisfactorily returned to the state it was prior to the rental period, a clean-up fee of $100.00 may be assessed. Overtime will be calculated in increments of 30 minutes beyond the contracted end-time of the rental period when Renter is either still using or cleaning up the studio space. Overtime fees will be assessed as per the 35MM-Studio prorated hourly rate. Do not arrive late – Renter’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Any Renters who intentionally do not exit at the specified booked end time will be automatically charged $10 per minute until Renter and Renter’s guest have completely exited. Entry and Exit times will be determined by on site camera timestamps. There will be NO exceptions to this.
3. EQUIPMENT
Company agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Renter’s purposes. The company is not liable for acts out of its control that affect the shoot, such as power outages, weather, or emergencies. The company may change wall colors, materials, props, furniture, and equipment in each space without notice and without description updates on any booking websites.
4. DAMAGE
Renter shall be solely responsible for any damage or theft to Company’s property or equipment that occurs during the time Renter or his or her party occupies the Premises. Renter agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition. Renter agrees to pay for damage to the Premises including spills, excessive wear, marks or stains on furniture, fixtures, or painted surfaces. Any item within the 35MM-Studio inventory found missing after the rental period will result in replacement cost being assessed to the Renter.
5. TOTAL GUEST COUNT
The production shall not exceed the total guest count agreed upon in your booking confirmation. Capacity headcount should take account of everyone in the rental, including the production team, guest/talent, and Renter. OVERAGES WILL AUTOMATICALLY RESULT IN BOOKING RATE ADJUSTMENT CHARGES AND/OR ADDITIONAL FEES. The Company reserves the right to immediately discontinue any bookings that are not compliant to these Terms and Conditions. Additionally, such action will be acted upon without refund and may ban the Renter from any future bookings and access as another Renter's guest.
5.1. TOTAL GUEST *A SHOOT* BOOKING
The *A SHOOT* booking (photo/video production) shall not exceed the total of MAX 10 guests. Capacity headcount should take into account everyone in the rental, including the production team, guest/talent, and Renter. If the renter exceeds the maximum amount of guests, the renter will be charged a $170 fee for every hour of original booking for 1st person over the agreed amount or of the maximum number of guests (11th guest). The 2nd and all the next guests over the agreed amount or the maximum number of guests will result in $50 fees per person for every hour of original booking(12th and more).
6. SMOKING
Smoking is strictly prohibited. If evidence of smoking including scent exists inside the space, a $1000 smoking fee will be assessed to the Renter.
7. CHILDREN
Children must always be supervised by a Parent or Guardian.
8. FLAME, FIRE, OR PYROTECHNICS
Open flame, fire and pyrotechnics are prohibited inside the facility and within the grounds of any spaces managed by 35MM-Studio. A $1000 flame/fire/pyrotechnics fee will be assessed to the Renter.
Smoking machines are allowed with additional payment.
9. RENTER’S RESPONSIBILITY
The Renter is responsible for all activities of Renter’s Party brought into the studio or premises and any infraction to this agreement to include any fee assessment. It is strongly encouraged that the Renter seeks usage agreements and model releases for all participating parties in the photo shoot.
10. RECORDING DEVICES
The Company may implement the use of security cameras in each space for the protection of all parties including but not limited to Company, Renter, and Renter’s guest. No recording devices are placed in any restrooms or dressing rooms. Recorded footage may be reviewed but will not be shared unless an incident has occurred or if requested by law enforcement for any necessary reason.
11. TERMS OF USE
The use of our studio 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 the Renter or members of Renter’s party make during the conduct of the shoot, be they in our studio or elsewhere on the grounds. This includes all other violations or citations, and legal action resulting from the conduct of the shoot, taken at whatever time. Renter agrees to hold harmless 35mm-Studio, its owner, agents, representatives, and contractors acting on its behalf for any loss, accident, or injury to Renter’s self or anyone who accompanies Renter while on our premises. Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter while on our premises. Renters are solely responsible for the safety and well-being of any party the Renter engages. Renter understands that if the Company observes dangerous, pornographic, or negligent practices or activities the Company reserves the right to stop the shoot and require Renter and Renter’s party to leave immediately — HOWEVER, the Company assumes NO RESPONSIBILITY to act in such cases. Renter agrees to hold 35MM-Studio Rentals, its agents, representatives, and anyone acting on behalf of Company completely harmless from any action, legal or otherwise, that results from Renter’s conduct. 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. The company has no responsibility to determine or verify the age of participants in the Renter’s activities but reserves the right to end those activities if it becomes aware that legal age violations are on-going. The renter agrees that a Company representative can be present in the studio while Renters are using it. The Company reserves the right to immediately discontinue any bookings that are not compliant to these Terms and Conditions. Additionally, such action will be acted upon without refund and may ban Renter from any future bookings and access as another Renter's guest. Our team members will be present at the studio throughout the entire shooting period to enforce the rules and assist renters with equipment. The company provides a reserved time and location for your booking. However, we cannot guarantee that rescheduling will not occur.
12. 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 Houston, Texas. 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.
13. MISCELLANY
This Agreement incorporates the entire understanding and agreement between the Renter and the Company. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of Texas shall govern this Agreement. The parties have read this entire Agreement and agree to all its terms by selecting "Yes" as their answer of choice on the booking agreement. Each Renter moving forward with a booking shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
14. PETS FEES
Pets are welcome in our studio. However, there is a fee of $70 per pet per visit. Maximum 3 pets allowed at the studio at the same time. Pets are NOT allowed to sit on the furniture with fabric materials (no matter the size of the pet). A client must clean up after a pet. If the studio is left in an unsatisfied condition, a client will be charged a $100 cleaning fee. If the client books a studio without a pet fee, but any pets have been brought to the studio, the client will be charged a $70 pet fee (for each pet) and an additional $70 fine (for each pet). If the pet made any damage to the studio property, the client must cover the damage in the full amount in 5 business days.
15. FURNITURE POLICY
To maintain the quality, safety, and cleanliness of Studio 35MM’s interior and furnishings, all clients and guests are required to adhere to the following regulations regarding the use of fabric furniture:
15.1. Prohibited Activities
Eating, drinking, jumping, standing, walking, or using furniture in any unsafe or unintended manner is strictly prohibited.
15.2. Usage Guidelines
Guests must refrain from sitting on or using fabric furniture while holding food or drinks to prevent spills, stains, or damage. All furniture must be used only for its intended purpose.
15.3. Responsibility for Damages
In the event of any spill, stain, burns, or physical damage caused by food, drink, or misuse, the client shall be financially responsible for all cleaning, repair, or replacement costs as determined by Studio 35MM management.
15.4. Studio Rights
Studio 35MM reserves the right to inspect all furniture after each session and to charge the client for any necessary cleaning, restoration, or repair services resulting from misuse or damage.
16 BACKDROP POLICY
To preserve the professional quality and longevity of our backdrops, the following rules apply to all studio sessions:
16.1. Intended Use
Paper backdrops are to be used exclusively for photography purposes.
16.2. Prohibited Activities
Drawing, painting, cutting, gluing, or performing any other alterations on paper backdrops is strictly prohibited.
16.3. Responsibility for Damages
Clients are financially responsible for any damage, tears, stains, or markings caused by improper use or negligence.
16.4. Studio Rights
Studio 35MM reserves the right to replace or charge for any damaged backdrop sections as deemed necessary by management.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall photo-studio-store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless photo-studio-store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ukraine.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@studio-35mm.com.
Our contact information is posted below:
info@studio-35mm.com