TERMS OF SERVICE
Liability:
Submitting any film, slides, prints, digital files, negatives, artwork and/or personal property to CESL Corp for processing, scanning, printing, and/or other handling constitutes an AGREEMENT. While CESL Corp takes every precaution for the safekeeping and handling of such materials listed above, any loss or damage to it by our company, employees, and/or agents, even by negligence or other fault, will entitle you ONLY to replacement with an equivalent quantity of similar film & processing for items lost or damaged. Except for such replacement, our acceptance of your film, slides, prints, digital files, negatives, artwork and/or personal property is without other warranty or liability and recovery for any incidental or consequential damages is excluded. Should any materials submitted involve high value, the onus is upon the client to appropriately insure it.
CESL Corp makes no warranty as to the products it distributes, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose. However our company will pass on any and all warranties made by the original manufacturer, who has the sole responsibility for performing any such warranties. The manufacturer shall be solely responsible for any damages to person or property arising from the design, manufacture, and testing of its products. CESL Corp shall not be liable for any direct, incidental, or consequential damages as a result of any manufacturer's breach of its warranty.
CESL Corp is not responsible for any loss, damage, or delay caused by the United States Postal Service, UPS, Fed-Ex, or other carrier.
CESL Corp is not liable for loss or damage caused by any delay or failure to perform its obligations as a result of force majeure, including but not limited to, system malfunctions, natural disaster, war, import/export/transportation issues, riots, public health crises.
Customer is responsible to proofread and correct all order forms, spelling, or punctuation before submitting an order. CESL Corp does not and will not proofread nor correct any such mistakes. Orders will be filled as submitted by customer.
Order Storage:
By submitting any film, slides, prints, digital files, negatives, artwork and/or personal property to CESL Corp for processing, scanning, printing, and/or other handling, customer agrees to pay for order in advance, pick up completed order, request and pay for order shipment, and/or download digital files as soon as possible. CESL Corp is not responsible for storage of customer property after thirty (30) days of order fulfillment. After thirty (30) days upon notification or order completion, order is considered abandoned. Customer is solely responsible for backup of digital files. CESL Corp is not responsible for loss of images as a result of computer system failure.
Film processing and print orders require prepayment before fulfillment. Unpaid orders, including but not limited to film, slides, prints, digital files, negatives, artwork and/or personal property will be disposed of after thirty (30) days of nonpayment.
Non-returnable/refundable items include the following:
Completed film development, scans, and/or print orders.
Consumable items such as but not limited to film, photo paper, CD, DVDs, etc.
Orders with errors in film drop off form, spelling, punctuation or accuracy in the text provided by the customer.
Any merchandise created or modified to customer’s specifications.
Special order merchandise or any item indicated as non-returnable.
Transportation costs such as but not limited to shipping.
Studio Usage:
Rental Period
Customer will be charged for all time used in the studio, from the beginning of booking time to when the customer leaves the studio. Booking time includes set up and break down. Studio must be cleaned and vacated by the end of the rental period. No prior drop-off and/or pick-up after completion of shoot, of equipment, props, etc. unless negotiated prior to the rental period. Customers who do not vacate the studio at the designated time with be subject to additional fees:
5-15 minutes past check out time - $40 fee
16-30 minutes past check out time - $80 fee
30+ minutes past check out time - $150 fee
Check out
At check out:
Notify staff that you have left.
Text photos of all 4 walls, floor, and backdrop to 619-867-6993 or email to info@safelightlabs.com within 30 minutes of checkout
Remove all personal belongings and large items of trash
Rental Condition/Cleaning
Customer is expected to leave the studio space, adjacent grounds, and all equipment in the condition it was found. Any items brought in by customer must be removed at the end of the rental period. All trash must be gathered and placed in designated bins. Large trash items that do not fit in designated bins should be taken with customer for disposal elsewhere. Glitter, confetti or smoke machines are not permitted. Customer will be charged for any damages to equipment or required cleaning resulting from use.
Please notify staff immediately of any damaged or malfunctioning equipment.
Rules and Regulations
Customer is expected to adhere to all company postings within the studio.
No smoking whatsoever is allowed in the building or within 20 feet of any entrance, this includes cigarettes, vaping, and marijuana.
No alcoholic beverages are allowed in the studio.
Music/voices are to be kept at reasonable levels as there are residential apartments directly above.
A max of 10 people are allowed in the studio at a time.
Glitter, confetti or smoke machines are not permitted.
Cancelation
Cancelations with 48 hours+ notice will be issued a full refund of all rental charges.
Cancelations with 24-47 hours notice will be issued a 50% refund of base rental charges plus all add on charges.
Cancelations with less than 24 hours notice will only be refunded add on charges, not base rental charges.
No shows will not be provided a refund of any charges.
Rescheduling and exceptions can be allowed at management discretion.
Rescheduling
Please contact us directly to reschedule your reservation. We can be reached at 619-501-5367 or info@safelightlabs.com.
Reschedule is available up to 24 hours in advance at no charge. Rescheduling with less than 24 hours notice, may incur charges up to the full cost of the base rental charge.
Liability Release
Renter accepts and agrees to be bound by these Terms and Conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
RENTAL TERMS
“Company” or “Studio” refers to CESL Corp dba Safelight Labs “Premises” includes the studio and any adjacent property owned by CESL Corp dba Safelight Labs, “Renter” refers to the person or entity renting the Studio’s premises or equipment.
DAMAGE
Renter shall be solely responsible for any damage to Company’s property, water and electrical features, furniture or equipment that occurs during the time Renter or his party occupies the Premises, as well as the loss of profit and refunds to confirmed bookings in cases when damages require the Company to temporary close the studio for the repair. Damage deposits will be held until repairs can be made. If the damage exceeds the amount of the damage deposit, 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.
Renter is responsible for sending photos of all 4 walls, floor, and backdrop to the Company upon ending their rental period. If photos are not received by Company within the allotted time, Renter may be subject to charges at management discretion.
VALUE
Safeligh Labs warrants that neither it nor any other occupants on the premises has given or agreed to give anything of value, except the use of the premises to Renter or anyone associated with the Renter. Renter is fully liable for and shall at Renter’s expense replace any items on the premises which are lost, stolen, missing or damaged while renter is on the premises.
INSURANCE Businesses, Corporations, Production Companies and other entities may be required, prior to rental, to present a certificate of general liability insurance naming Safelight Labs as an additional insured on the dates of the rental. If required, Renter’s liability insurance shall be deemed primary and non- contributory insurance in the event of any claim or suit. Liability insurance shall be Commercial General Liability with a minimum of $1,000,000 per occurrence & annual aggregate.
CONDUCT
This is a shared studio and we maintain a professional environment. Renter shall be solely responsible for the conduct and welfare of all persons accompanying Renter while on Company’s Premises. Renter agrees that a Company representative may, at Company’s sole discretion, be present at all times. If the representative observes or otherwise becomes aware of dangerous, illegal or negligent practices or activities, the representative reserves the right to stop the shoot and may require Renter and Renter’s party to immediately vacate the premises. In such case no refund will be given for unused time. However, Company and its representatives assume no responsibility to act in such cases.
AGE OF MODELS
Renter is solely responsible for verifying that all photographic subjects/models employed during Renter’s rental period are of legal age. Company has no responsibility to determine or verify the age of participants in the renter’s 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 those activities if Company becomes aware that legal age violations are occurring. Company is not liable in the case of an invalid ID or any other form of age verification.
WARRANTIES & REPRESENTATION
No warranties or representations with respect to the suitability of the premises for the intended use, either express or implied, are made.
ASSUMPTION OF RESPONSIBILITY
The Renter (and anyone associated with the Renter, including, but not limited to assistants, guests models photographers, etc.) hereby assumes all responsibility for all risks associated with and/or resulting in his/her use of the premises and equipment, even if Safelight Labs is found to be negligent or in breach of any duty of care or any obligation to the Renter. The Renter further assumes responsibility for any loss or damage to the studio, or the equipment on premises occurring during the Renter’s designated time (except for normal wear and tear). The Renter agrees to pay the costs of repair or replacement for any such loss or damage upon receipt of a claim from Safelight Labs to the Renter.
WAIVER OF LIABILITY
Use of Company’s Premises and equipment is at Renter’s risk. Renter hereby agrees that Company will not be held liable for any direct, indirect, incidental or consequential damage, injury or loss to Renter, his party or possessions while on the Premises.
INDEMNITIES AND HOLD HARMLESS
Renter, on his/her own behalf or his/her heirs, next of kin, executors, administrators, personal representatives, assigns, or anyone in Renter’s party, agrees to hold harmless from and against and indemnify, release and forever discharge Safelight Labs, its owners, staff, agents, representatives, associates, officers, employees, guests and tenants, against any suit, claim, loss, accident, judgment, fine, personal injury or damages, including property damage or loss from all liability for personal injury, property damage or loss, costs, demands, court costs, hospital costs, attorney’s fees, liabilities or whatever nature or kind (including but not limited to contracting communicable diseases, such as COVID-19), arising as a result of any accidents, falls, equipment malfunction or failure, or any other damage(s)/accidents/ loss, or any other cause while on the premises, 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 contract, mistake(s), action, inaction, breach of any duty imposed by law or error of judgment on the part of Safelight Lab’s owners and/or staff. This indemnification shall continue in full force and effect during and after the term of the rental for such causes arising during the term of the rental.
STUDIO RULES
Renter and its personnel, assigns, employees, contractors and clients are required to observe any rules and regulations required by the Studio and the Studio reserves the right to remove from the premises any individual who violates the Studio’s rules.
ARBITRATION
Any controversy or claim arising out of or related to this Agreement, or breach of this Agreement will be settled by binding arbitration, in San Diego, California and subject to the commercial arbitration rules of the American Arbitration Association. 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. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorney's fees and costs and any additional relief granted, for having to compel arbitration or defend or enforce the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200.
FORCE MAJEURE
Notwithstanding anything to the contrary contained herein, Safelight Labs shall not be liable for any delays or failures in performance, in whole or in part, by either of the parties resulting from acts beyond his/her/their reasonable control, including without limitation, acts of God, acts of war or terrorism, COVID-19 pandemic, forced quarantines, epidemics, pandemics, acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, shortages of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence(s), each party agrees to make a good faith effort to perform its obligations hereunder. In the event of any such excused delay, the time for performance of such obligations shall be extended for a period equal to the time lost by reason of the delay. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event, take reasonable steps to minimize/ mitigate any interruptions, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement, as applicable, as soon as reasonably practicable. At no time is any such necessary extension, delay, deferral or modification by either party is to be construed as a waiver of any obligation under this Agreement.
COVID-19
2019 Novel Coronavirus Disease (COVID-19) has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious. In an effort to keep Renter(s) and Safelight Labs representatives safe, while on Safelight Labs premises, Renter and any individual accompanying Renter, is required to review and abide by all CDC guidelines, as set forth at www.cdc.gov/coronavirus/2019-ncov/index.html which includes but is not limited to wearing face masks and maintaining six-feet distance from all Studio guests and Safelight Labs representatives, when using shared, common areas (i.e. hallways, restrooms, etc.).
MISCELLANEOUS
Licensee shall comply in all respects with all federal, state, county, city, or other local laws, regulations and ordinances and all rules and regulations of any governmental authority, in connection with this Agreement. This Agreement incorporates the entire understanding and agreement between Company and Renter. 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.
APPLICABLE LAW
This Agreement will be governed by the laws of the State of California.
Darkroom Usage:
Booking must be completed one business day in advance of requested date (submission of inquiry should be received prior to 2pm the previous business day). One booking is permitted per day with a max of two individuals per booking.
Customer will be charged for time spent in darkroom and using darkroom equipment. Customer is expected to leave the darkroom the way it was found, with all equipment in the same condition. Customer will be charged for any damages to equipment or required cleaning resulting from use.
Equipment provided with booking include but are not limited to enlarger, filters, chemistry, trays, tongs, gloves, dodging and burning tools. Paper is must be supplied by the customer and is nor provided with booking.
While in the darkroom, customer must leave ventilation fan on at all times.
The Safelight Labs darkroom is a DO IT YOURSELF lab. Customer will be expected to work in the darkroom independently. Instruction and teaching will not be provided. Staff will be onsite for supervision and to assist with any equipment issues.
Bathrooms and other store space are not available for use during rentals. Masks must be worn upon entering the store space, regardless of vaccination status. While inside the darkroom, masks are optional for vaccinated individuals and required for unvaccinated individuals.
Questions/Comments:
Please contact info@safelightlabs.com
Prices, Terms and Conditions are subject to change without notice.