FIRST STREET STUDIO

FACILITY USE AGREEMENT AND TERMS OF (STUDIO) USE

For authorized renters of First Street Studio

GENERAL PROVISIONS

1. This contract governs the licensing of space at First Street Studio, Inc. located at 2400 Cesar Chavez Suite 202, Austin, Texas 78702 between First Street Studio, Inc. and the named Licensee and consists of:

(a) the Facility Use Agreement

(b) the Terms of Use identified in such Facility Use Agreement and

(c) these General Conditions.

Each Facility Use Agreement incorporates by reference these General Conditions as in effect on the date of such agreement.
These General Conditions may be updated and changed from time to time by First Street Studio Inc., at its sole discretion, and any such changes will apply to any Facility Use Agreement entered into after the effective date of such changes and to any Licensee who entered into a Facility Use Agreement prior to the effective date of such changes and who acknowledges and agrees to the changes in writing.

The Licensee is not authorized to transfer use of the Licensed Space to any other person or party without prior and written authorization from First Street Studio, Inc.

2. Definitions. Certain terms used herein are capitalized. Such terms will have the meanings set forth in the text of the applicable Facility Use Agreement or, if not defined in the Facility Use Agreement or in the Terms of Use, the meanings set forth in these General Conditions.

3. UTILITIES. The License Fee includes normal, reasonable lighting, electricity, water, sewer, gas, heating and air conditioning, which is affixed to and serves the Licensed Space during the Licensed Period. The required lights will be turned on and doors unlocked as required by the Licensee during the Licensed Period. No interruption or malfunction of any utility services, whether such services are provided by First Street studio Inc. or arranged for by a Licensee, will constitute an eviction or disturbance of the Licensee’s use and possession of the Licensed Space or breach by First Street Studio of any of its obligations hereunder or render First Street Studio liable for damages or entitle a Licensee to be relieved from any of its obligations.
In the event of any such interruption of any such services, First Street Studio will be obligated only to use reasonable diligence to restore such service. Thermostats are locked and may not be adjusted by a Licensee. If a Licensed Space is too hot or too cold, the Licensee should contact the Facility Manager.

4. Food and Beverages (except bottled water) are not permitted inside First Street FOOD AND BEVERAGE. Studio, unless express permission for such is obtained from the studio owners. If food and beverages have been authorized for an event. First Street Studio requires that all caterers be selected from the vendor list for the Center approved by First Street Studio. A Licensee may select a caterer of its choice, but only upon prior approval by First Street Studio. If a Licensee wishes to serve alcoholic beverages, the Licensee or its approved caterer will be responsible for obtaining all necessary licenses and approvals and paying any beverage taxes, license fees or other charges related to serving alcoholic beverages. Any unauthorized alcoholic beverages brought in from outside are subject to immediate confiscation and removal.
The Licensee or its caterer will be responsible for cleaning all surfaces and disposing of trash (utilized in all food service and preparation areas) before the Licensee leaves the Center. A surcharge of up to $100.00 may be required for each area of carpet soiled by food. The decision to impose this charge rests solely with the Cheryl Chaddick and Katherine Hodges, directors of First Street Studio.

5. SHOES.

First Street Studio Inc. has very strict policies regarding the type of footwear permitted in the studios. Unless specifically authorized in writing by First Street Studio, Inc, The Licensee will cause its invitees to comply with the following acceptable footwear:  Ballet Slippers, Bare feet, Jazz Shoes, Paws, Modern ShoesNo Tap shoes of any kind will be allowed on the floor. No high heels or spiked heels.

No soap or water may be used on the dance floor.

The use of rosin-based products is prohibited in the studio.


6. SMOKING. First Street Studio is a smoke-free building. No tobacco products or illegal drugs are permitted in the building. No smoking is allowed in the Studio or within 20 feet of any entry door. Absolutely no open flame is permitted in the building. A Licensee should consult with the Facility Director regarding any questionable items, including candles.

7. DECORATIONS AND RENTED EQUIPMENT. Nothing may be hung on the walls, furniture, windows, or doors of the Studio using any type of tape, fastener or adhesive. The Facility Manager may be consulted for safe alternatives. All decorations, floral arrangements, items rented from other entities, etc., must be removed from the Licensed Space immediately following the scheduled event unless alternative arrangements have been made in writing prior to the event.

All rental equipment (tables, chairs, linens, etc.) must be set up and taken down by the Licensee (or agents contracted by the Licensee). First Street Studio staff will assist with the placement of rental equipment, but will not load, unload, or set up rental equipment. Rental items should be delivered no sooner than one day prior to the scheduled event, unless the Facility Manager grants prior written approval. Rental items must be removed/picked up on the same day as event unless prior arrangements are made with the FSS Director.

8. ABANDONED PROPERTY AND STORAGE. The Licensee will remove all personal property (including supplies, equipment and personal belongings) from the Licensed Space at the end of the Licensed Period. First Street Studio Inc. reserves the right to store, dispose of or remove at the Licensee’s risk and expense, any property left in Licensed Space by a Licensee after the expiration or termination of the Facility Use Agreement; and First Street Studio Inc. will not be liable in any way to the Licensee on account of such action or for the value of such property. The Licensee will be liable for all costs and expenses incurred by First Street Studio Inc. in such storage, disposition or removal. First Street Studio will not be responsible nor have any liability for loss or damage to any personal property owned, rented or brought into the Licensed Space.


9. NO HELIUM BALLOONS, CONFETTI OR GLITTER. Helium balloons are prohibited within the Studio for the following reasons: (a) helium balloons create a public safety hazard when they rise to the ceiling and into the lighting and/or electrical system and (b) further safety hazards are created when First Street Studio is required to use a lift to retrieve stray balloons that become entangled in the Studio’s structure. In some areas, no lifts are available to reach the ceiling. Use of confetti and glitter is strictly prohibited in ­­any areas of the Studio.

10. Lasers and Pyrotechnics. Use of lasers or pyrotechnics is strictly prohibited in any area of the Studio.


11. CLEANING COSTS. The Licensee will be charged an additional cleaning fee up to $100.00  for the removal of any unusual amount of dirt, trash or other debris as well as any oil or grease resulting from the Licensee’s use of the Licensed Space. The Licensee will arrange for the removal of bulk trash, crates, pallets, packing material and any other excessive trash at the Licensee’s expense.

 For contracted Licensees and other Licensees specified by First Street Studio, Inc., a $25.00 cleaning fee will be charged at the close of each 3-month license period.

12.  DAMAGES. The Licensee will be responsible for costs incurred by First Street Studio to repair any unusual or excessive damages to the studio and floors resulting from the Licensee’s unauthorized use of the Licensed Space, as specified in the Facility Use Agreement and Terms of (Studio) Use. Repair costs will be deducted from the licensee security deposit payment if applicable, with any excess balance due in full within 30 days of the damages invoice sent by First Street Studio, Inc. 

13. PROMOTIONAL MERCHANDISE

contractors from, any and all claims for damages arising from such ejection or removal.andFirst Street Studio Inc. retains the right to eject and remove, or cause a Licensee to eject or remove, from the Center any person who is loud, boisterous, unprofessional, disorderly or discourteous, and the Licensee waives and indemnifies and holds harmless First Street Studio Inc. its agents, officers, employees, representatives DISORDERLY PERSONS. 14.

First Street Studio, Inc. reserves and retains unto itself the exclusive right to be used for the production of public or promotional videos or photographic materials that have been approved by the FSS Director. A Licensee will not use the studio for any promotional purpose or public event without the previous written consent of First Street Studio. The Licensee and any third parties involved in the sale of any merchandise or event tickets are responsible for collecting and paying applicable state and city taxes. 

15.  RIGHT TO LEASE TERMINATION. If there is any breach of the terms set forth in the Leasing Contract and Facility Use Agreement and Terms of (Studio) Use, First Street Studio, Inc. reserves the right to an immediate termination of the lease and of any signed contract agreement between the Licensee and First Street Studio, Inc. In such case, any remaining licensee rental dates will be canceled without recrimination.

B. USE OF THE STUDIO


16. PARKING. First Street Studio Inc. does not guarantee parking availability.


17. STUDIO EVENTS. Unless otherwise specified, the studio may be licensed for classes and rehearsal only. The Licensee must notify the FSS Director if visitors are expected. Any rehearsal that will be open to an audience of more than ten guests (or more than two members of the press/media) must be scheduled in advance and approved by First Street Studio Inc. The Licensee will adhere to and will cause its students, guests and other invitees to all public assembly rules, as well as the standard studio rules regarding food, beverages, deliveries and floor protection.


18. USE OF EQUIPMENT, PROPS, ETC. IN THE STUDIOS.Prior to occupancy, the Licensee will submit to the FSS Director a written list of any equipment (props, set pieces, etc.) that will be used in the studio. All equipment or property brought into the studio must be approved by the FSS Director. 

All equipment being used on the dance floor must have carpet pads placed beneath it to protect the dance floor from damages. This applies to musical instruments, camera and lighting equipment, projection and film equipment, art installation works, paintings, stands or easels, and any other equipment being used in the Licensed Space.

Equipment in excess of 300 lbs. in weight must be approved by the FSS Director before being brought into the studio, and the licensee agrees to take adequate precautions to protect the floors from any possible damages.

Delivery and pickup of rented equipment must occur during the Licensed Period. First Street Studio will not be responsible nor have any liability for loss or damage to any equipment or property owned, rented or brought into the Licensed Space. First Street Studio will not sign for any deliveries.


19. TAPE AND MARKINGS. All tape and markings will be removed from the studio floors by the Licensee upon completion of use each day. Further, all markings will be made only with tape appropriate for studio flooring as approved by the FSS Director. Masking tape is not permitted.


20. RENTED EQUIPMENT. All rented equipment must be returned to the First Street Studio on the agreed upon date and will be covered by the terms of the First Street Studio Equipment Rental Agreement and Terms of Use. 


21. First Street Studio Inc. is not responsible for lost or stolen articles.


22. PAYMENT AND INVOICE POLICY.Payment is due in advance for all one-time and non-recurring rentals.

For Licensees with recurring rentals, invoices will be sent to the Licensee by the twenty-fifth day of each month, covering rental charges to be accrued in the month following. Rental payments are due by the fifth business day of each month, after which a 10% late fee will be added.

23. SECURITY DEPOSIT.

For Licensees entering a contract Lease Agreement with First Street Studio, Inc. for recurring rentals, a $50.00 security deposit is due at the signing of the Lease Agreement. The security deposit is fully reimbursable at the end of the license period provided that:

(a) there are no breaches in the Facility Use Agreement and Terms of Use,

(b) there are no more than 2 Licensee event cancelations made after the signing of the Lease Agreement, and

(c) there are no damages to the studio made by the Licensee or their event participants during the rental period 

24. CANCELLATION POLICY.

If notice of cancellation is received 30 or more days prior to the scheduled event, the Licensee will be charged the following cancellation fees:

  • For cancellations of rentals spanning 1-3 calendar dates, there will be a 25% fee charged for cancellation of the rental booking.

  • For rentals spanning more than 3 calendar dates and for theatre rentals, there will be a 50% fee charged for cancellation of the rental booking.

If notice of cancellation is received 16 - 29 days prior to the scheduled Event, the Licensee will be charged 75% of the total event charge. If payment has already been made, only 50% of the event charge will be refundable.

If notice of cancelation is received within 0-15 days prior to the scheduled, the Licensee will be charged 100% of the total Event charge. If payment has already been made, there will be no payment refund.

On the rare occasion that First Street Studio, Inc. may be forced to cancel a rental booking due to emergency maintenance and repairs, or inclement weather warnings, the licensee will not be charged for the event dates that have been affected by such cancellation.

25. EVENT TICKETS

First Street Studio, Inc. requests that 2 complimentary tickets or seats to all public performance events being held at the studio be provided for the studio owners or select First Street Studio, Inc. personnel.

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