Rental Waiver

As a condition of the above named RENTER renting studio facilities and equipment of Amy Novinski, 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/their own behalf of his/her/their 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 Amy Novinski, Amy Novinski Ballet Class, its employees, directors, officers, insurers, agents, successors, and assigns of Amy Novinski (collectively “Amy Novinski Ballet Class” 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 Amy Novinski Ballet Class and the Bok Building;

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 Amy Novinski Ballet Class owners and/or staff;

c)     to be liable for and to hold harmless and indemnify Amy Novinski Ballet Class, 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 Amy Novinski Ballet Class’ facilities.

Renter agrees to hold Amy Novinski Ballet Class, its agents or owners, representatives, and anyone acting on behalf of Amy Novinski Ballet Class 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 Amy Novinski Ballet Class, 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 Amy Novinski Ballet Class’ property or general area of Amy Novinski Ballet Class’ 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. Amy Novinski Ballet Class has no responsibility to determine or verify the age of participants in the Renter’s activities.

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ACCEPTANCE OF RESPONSIBILITY

The Renter hereby accepts and assumes all responsibility for all risks associated with and/or resulting in his/her/their 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 Amy Novinski Ballet Class 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 Amy Novinski Ballet Class 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 Amy Novinski Ballet Class to the Renter.

Use of Amy Novinski Ballet Class’ 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.

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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 Philadelphia, Pennsylvania. 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.

5

TERMS OF USE

The Renter (as the customer of Amy Novinski Ballet Class) 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 Amy Novinski Ballet Class. 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 property, negligence that results in the property or the studio being damaged, or any overage in time. Scratches/dents to mirrors or other equipment will result in a minimum damage fee of $200. Please make sure to advise your group to be careful.

RULES AND REGULATIONS:

1.     Studios must be vacated on time. Set-up, breakdown, cleanup, pack-up are all included in the reserved time that is scheduled and agreed to. Overtime fees are $100/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, your will be billed an additional $20 in late fees. 16 to 30 minutes over will incur a fee of $40, etc…)

2.      At no time are customers to engage in any kind of unlawful activities while on the premises of Amy Novinski Ballet Class or the Bok Building.

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

4.      Any minor incidental damage incurred to the property of Amy Novinski Ballet Class during the normal course of use is something that happens from time to time and the customer will not be held liable. However, if damage occurs due to deliberate acts, carelessness, or unwarranted behavior, the customer’s credit card will be charged for the damage even if the cardholder did not personally damage any property. The cardholder is responsible for the entire party that accompanies the cardholder. If the credit card on file is not able to be charged for any reason, you hereby authorize other means of collection. Mirrors are not to be touched or moved for any reason whatsoever.

5.      Your booking is not considered final until full fee (in US Dollars) charged by us is received. All bookings must be paid in full no later than 7 days before the first day of the rental period. Cancellations made within 72 hours of rental period start are not eligible for refund. Customers may reschedule up to 7 days before rental start date for no additional fee, within 7 days of rental start date for an additional 10% fee, and within 72 hours of rental start for a 25% fee. Bookings are for the stated period of the rental. There are no refunds for an unused portion of the rental period.

6.      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.

7.      The equipment provided in each studio is printed out on a form for the renter. All of the equipment provided is accounted for before and after each customer session. If anything is missing, the booking customer will be charged the retail “new” value for that item. The studio has a form for the customer to review the inventory at the start of their session at Amy Novinski Ballet Class. It is the customer’s responsibility to notify Amy Novinski Ballet Class of any missing inventory/equipment before the session starts otherwise the customer is held liable for any missing equipment/inventory at session end.

8.    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.

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

10.   Amy Novinski shall have the right to inspect the equipment and/or studio at any time during the rental term. You shall make any and all arrangements necessary to permit Amy Novinski access to the equipment and/or studio. If a breach of any of the provisions of the Rental Contract occurs, Amy Novinski has the right to revoke your access to the equipment and/or studio without any liability to you, and without prejudice to Amy Novinski.