Terms of Studio Use

STUDIO SETTING

Flaunt is a creative rental studio space that is accessible by appointment only. Regular business hours are daily from 10:00am – 9:00pm PST. The studio has a dedicated associate working during rental sessions. 

STUDIO TERMS

“Company” is Flaunt, Inc.; “Premises” includes the studio, restrooms, parking area, amenities and all equipment, props, furnishings, and fixtures located at 11702 Enterprise Drive, Auburn, CA 95603; “Customer” is you, the person or entity booking and/or using the Premises and/or equipment; A “Booking” is a paid, confirmed Premises rental with the attendees, date, time, equipment and services specified.

 

RESERVATIONS

Premises must be reserved via Company’s website, through written communication with a Company representative or through an authorized online third party venue reservation site (Peerspace, Giggster, Splacer, etc.). In order to obtain a Booking, all rental fees and/or deposits must be paid in full at the time the Booking is requested. Customer will receive a confirmation email after a successful Booking is complete.  Customer should not consider a successful Booking at Premises until Customer has received an e-mail confirmation. Bookings and/or special services provided by Company are not guaranteed by verbal agreement; they must be confirmed in writing.

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The paying Customer is financially responsible for any guests included on the Booking. Additionally, Customer is fully responsibility for all Customer’s guests, associates, invitees, contractors and all other persons whatsoever in association with Customer’s Booking adhere to all terms set forth in these Terms of Studio Use and all governing documents posted to flauntauburn.com. 

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If Customer books through a third-party reservation website (Peerspace, Giggster, Splacer, etc.) it is Customer’s responsibility to acknowledge and meet that company’s terms and conditions in addition to /or in replacement of all terms listed below and other applicable governing information posted to flauntauburn.com. Some of the terms set forth by Company in this document are applicable when booking directly from flauntauburn.com. Third Party reservation websites may differ in the areas of cancelation fees, overtime fees, damage and more. It is Customer's responsibility to understand the unique rules and regulations of the platform for which they use during the Booking process.   

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Walk-in Bookings are accepted only if Company is able to accommodate.

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Customer agrees that a Company representative will be present at Premises at all times during Customer’s Booking time.

MANDATORY PROVISIONS

A Booking constitutes your acknowledgment of, and agreement with Company’s Rental Contract, the contract release, Special Services Agreement (if applicable), Purchase Agreement (if applicable) and Terms of Studio Use ("Agreement"). Any FAQs or other information provided on flauntauburn.com are fully incorporated into this Agreement which serves as a legal document governing the Booking of the Premises.

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All guests and participants listed in the Booking must provide basic information and acknowledge Agreement upon check in. Guests who do not provide basic information and sign Agreement terms will not be allowed to stay on Premises. Guests under the age of 18 must have the Agreement signed by their parent or legal guardian prior to or at the time of check-in.

RATES

Rates charged at the time of Booking are set by the most current version of the rental rates and/or pricing list in effect. The most current version of the rental rates and/or pricing list can be found at flauntauburn.com. Extended or holiday hours may be available upon request for an additional fee. Customer agrees to pay said rental rates and charges for studio, amenities, add-ons, equipment, props and material used.

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Company’s Special Services (hosting, event planning, photography shoots, Set-ups etc.) pricing is provided by a separate proposal and is independent from the studio rental Booking. The price is customized based on, but not limited to, material and time based on Customer’s request. The non-refundable deposit is due at the time of proposal acceptance and the balance of the proposal is paid on the day the service is provided. A Special Services Proposal becomes part of the Agreement once the deposit is paid and the proposal is signed by Customer and acknowledged by Company in writing.

PAYMENTS & DEPOSITS 

Rental fees and deposits on studio rentals made through flauntauburn.com. Rental deposits must be paid in full at the time of the Booking request. The deposit is a non-refundable charge of 20% for the cost of the Booking transaction and is included in the price of the rental. The remaining balance of the rental is due upon check-in the day of the Booking. 

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Special Services, equipment, prop rentals, supplies and/or optional add-ons may be paid ahead of time online or at check-in/check-out. These items are unique to Customer’s desired rental experience and Company will provide an itemized proposal or purchase agreement detailing payment and terms that are in addition to the rental Booking.

If Customer books through a third-party Reservation website (TYTN, Peerspace, Giggster, Splacer, etc.) it is Customer’s responsibility to acknowledge and meet that company’s payment requirements in addition to the terms outlined at flauntauburn.com.

ADDITIONAL CHARGES

Customer acknowledges additional charges may include, without limitation, overtime charges, cleaning/waste removal charges, repair/replacement charges, finance related charges, add-on space or equipment charges and any other charges determined by Company as a result of Customer’s activity or their guests/associates during the Booking. In the case of additional charges, these fees will be paid via the credit card on file. Customer is responsible for any bank charges levied against Company that may occur from insufficient funds or other penalties incurred in the course of attempting to process Customer’s payment.  Company reserves the right to re-run any automatic bank drafts.

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In the event that Customer fails to pay the rental or additional charges, Customer shall also be liable to Company for any administrative fees, legal fees, court costs and other expenses associated with collection.

CANCELATION & RESCHEDULING

All cancelations by Customer must be submitted in writing and can be performed on Company’s website. Cancelations of a Booking by Customer will result in the following charges:

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• A Booking that is canceled more than 24 hours prior to the Booking date and start time are subject to the standard 20% non-refundable Booking fee.

• Customers who cancel within two hours before the Booking start time or do not attend the Booking will forfeit 100% of the Booking fee.  No reschedules will be allowed withing the 24 hours of the Booking date and start time. 

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Customer can reschedule at no additional charge up until 24 hours before the start of the original Booking time. Reschedules at no additional charge are allowed one time per original booking.

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Special Services that are cancelled have a non-refundable deposit amount for time and product rendered prior to the scheduled event. These Special Services are agreed upon in an independent, customized proposal and are in addition to the Booking cancellation fees. The non-refundable deposit amount is listed in the proposal and provides no grace period for refund due to cancelation. Said deposit is for time and material used well in advance of the Booking date and time.

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All cancelation losses are subject to Company’s discretion and are based on circumstances, loss of business and type of Booking.

REFUNDS

All qualifying refunds will be made by original payment once payments and deposits have cleared Company’s accounts.  In the event that Company must cancel a booking, Customer will be given rescheduling priority or refund.

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If Customer books through a third-party Reservation website  (Peerspace, Giggster, Splacer, etc.) it is Customer’s responsibility to acknowledge and meet that company’s cancelation and refund requirements in addition to the terms outlined in this Agreement.

LENGTH OF USE & ASSOCIATED FEES

Rental periods are pre-arranged at the time the Booking is created. There is a one-hour minimum for all studio rentals.  Private Studio and Specialty Package Customers may arrive up to 15 minutes early for check-in and set up. Customer’s rental time begins promptly at the designated Booking start time and ends promptly at the designated Booking end time. Time includes check-in, set-up and break-down. No prior drop-off of Customer's equipment or props before the Booking period begins or pick-up after the Booking period is allowed unless such additional time is agreed to by Company and paid for prior to the beginning of the Booking start time. Because Company has a set, back to back rental schedule, if Customer is late, the actual arrival time of Customer does not change the Booking start time. Therefore, if Customer arrives later than the Booking start time, the start time nor the end time will be changed to accommodate the time Customer is late. Customer will lose the time in which they were late as if it were used. If there is no booking immediately following and the schedule allows for more time, Company may allow the addition of time to make up for the lost time at an additional cost, but Company makes no guarantee for such opportunity.

 

Customer is responsible for monitoring the use of time and making necessary actions to clean-up and vacate the Premises. If Customer does not vacate Premises at the designated Booking end time a late fee will be charged. The late fee is calculated by how many minutes past the Booking end time that Customer vacates the Premises. The late fee is $5 per minute for every minute past the original Booking ending time, which includes a 5-minute grace period. The card on file will be charged the late fee the following day. For example, if Customer holds a 1-hour studio Booking that begins at 10:00 AM and Customer leaves at 11:15 AM. Customer will be charged a late fee of $50 (10 minutes past the grace period at $5 per minute).

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CLEANING & TRASH
Customer agrees to leave the Premises and all contents, fixtures, furnishings, equipment, amenities, and props in the same condition and place as they were when Customer arrived. Premises must be cleaned and vacated by the original scheduled Booking end time. Company will dispose of trash collected in the supplied disposal bins. All items brought to Premises by Customer are to be removed by Customer. Large amounts of garbage left for Company to dispose of due to large sets may accrue additional costs. If Customer does not return Premises to the order and cleanliness found when Customer arrived, Company will charge at minimum a $50 cleaning fee. 

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DAMAGE & THEFT

Customer is responsible for any damage to the Premises during the Booking time including, but not limited to spills, scratches, excessive wear, marks, or stains on equipment, props, amenities, fixtures, floors, or painted surfaces. If Customer takes an item from the studio without authorization and does not return the item, it will be assumed the item is stolen and a replacement fee will be charged. Such fees are based on the actual cost associated (in time and material) in order to fix or replace damaged/stolen item up to $950. Company will provide Customer with an itemized statement of charges for damage and/or stolen items charged. If Customer notices a damaged, non-working item during the Booking time, Customer shall inform the on-site Company representative immediately.  

 

Customer is responsible for returning locker locks/keys and ring light remotes at the end of the rental session. A failure to return these items will result in a $25 fee for each item taken.

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CONDUCT & TERMINATION OF BOOKING
Customer and guests expected to uphold acceptable conduct while on Premises at all times. Customer is expected to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by a Company representative. Company reserves the right to terminate a Customer’s Booking, with no responsibility to refund or pro-rate any prepaid fees.  Reasons for termination include but are not limited to:

• smoking or vaping in studio or within 30 feet of the building 

• open flame (with an exception preapproved of cake candles)

• fireworks of any kind, including sparklers

• disrespectful behavior to other guests and/or Company representatives

• aggressive, abusive or dangerous behavior 

• denying access to equipment/rented space by Company representative 

• bringing or using firearms or deadly weapons

• bringing or using hazardous materials

• bringing or using illegal drugs

• being, or suspected to be drunk or under the influence of drugs

• sexual intercourse or explicit sexual conduct

• illegal activity of any kind 

• repeated rule infractions

 

Company representatives reserve the right to stop a Booking and may require Customer to leave immediately.  The authorities may be alerted to any real or reasonably perceived illegal activities witnessed by Company representatives.  However, Company and its representatives assume no responsibility to act in such cases.

Company has complete discretion and authority in the termination of a Booking.

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BOUDOIR SPACE
Company offers a boudoir space as a space rental feature. Adding this space to a Booking will provide access to the space and all props contained in it. This room is for Customers 18 years old and over only. While it is implied that activities of a sexual nature may occur in the space, sexual intercourse and explicit sexual conduct are prohibited. There is a surveillance camera in the space for security purposes. If all Customers attending the space during a Booking all agree, the cameras can be turned off during Customer’s Booking time. This can be arranged by Customer(s) written request prior to Booking start time. 

LIGHTING CONDITIONS
Studio is not responsible for the quality of lighting as a result of time of day or weather conditions.

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EQUIPMENT 
Company provides equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Customer’s purposes.  Customer shall notify a Company representative immediately of any malfunctions, damage or other issues with the equipment.  

PRIOR APPROVAL

Customer is expected to inquire about and responsible for obtaining preapproval for specific activities on Premises. Company reserves the right to terminate a Booking, with no responsibility to refund or pro-rate any prepaid fees if such activities are carried out without prior approval.  Activities requiring preapproval include but are not limited to:

• extended early check-in or extended late check-out

• specialty equipment brought in by Customer 

• specialty props brought in by Customer 

• large sets or props

• the use of tape or fasteners to walls or equipment

• glitter, confetti or paint

• food or drink (other than water)

• use of real flame candles (for cake)

• any concept or item out of the ordinary 

• situations with special handling 

• animals or pets

 

FAMILIES & CHILDREN
The Premises are not designed for childcare or play purposes and there may be potential hazards present. Children 14 and under must be supervised by an adult at all times. If Customer is under the age of 18, Customer represents that this Agreement has been reviewed and accepted in writing by a parent or legal guardian in order to participate in activities at Premises. Company is not liable in the case of a misrepresented age, invalid ID or any other forms of age verification. 

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ANIMALS & PETS 

Animals (cats and dogs) are allowed on Premises for an additional fee and with prior consent from Company. Animal attendance is only available during Private Studio Bookings or during special animal events on specific dates and times. Service animals or companion pets are allowed with proper documentation. Customer is responsible for bringing any additional products that may be required to clean up after their pet. Additional charges will apply for waste or damage caused by an animal.  

  
FOOD & DRINK – PRIVATE STUDIO RENTAL ONLY

Minimal food is allowed. No cooking of any kind is permitted inside or outside the Premises. Propane, gas burners, hot plates or BBQ equipment are not permitted. Limited alcoholic beverages may only be served inside the Premises and require preapproval. The sale of alcoholic beverages is prohibited. If alcoholic beverages are served, Customer accepts all responsibility for loss or damage as a result of such service and indemnifies Company against any and all claims of injury or damage as a result of such service. It is the responsibility of Customer to not serve alcohol in the presence of minors or to allow an excess intake of alcohol by any attendee. Company reserves the right to prohibit or halt alcohol service should it be judged necessary to protect the Premises or the safety of visitors. Customer agrees to obtain and display the appropriate permit for the service of alcohol. Professional bartending services must be licensed with the California Alcoholic Beverage Commission and must provide proof of liability insurance upon request.

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It is highly recommended that Customer and their guests are mindful of food, drink, candy, gum they consume or have on their hands and wash them prior to participation in the sets or with the equipment. Any food or drink damage caused to Premises by Customer or their guests will be charged to Customer.

 
PHOTOGRAPHY RELEASE
Customer is aware that Company may photograph, video and/or record any activities on Premises at any given time. Customer grants Company the right to use Customer’s image or likeness (including photographic, motion picture, electronic images, live stream video, etc.) and voice. Customer agrees that Company shall be the sole and exclusive owner of all rights and copyrights and Company and its agents shall have the irrevocable right to use, distribute, advertise, exhibit and otherwise exploit the materials and Customer’s name in any manner and in any media, whether now known or hereafter devised, throughout the universe, in perpetuity, in whole or in part, as Company in its sole discretion, shall determine, without any additional payment to Customer, including, without limitation, in advertising, marketing, promotions, and merchandising and over the internet. Customer agrees that Company shall have no obligation to use the materials and understand that Customer will have no right of review or approval of such materials and that the rights granted above include, without limitation, the right to alter, edit and/or distort any or all of the materials in any manner. Customer waives any moral rights Customer may have in such materials. Customer waives any rights to privacy, publicity and defamation, whether granted by statute or common law, that Customer may have in connection with such materials and agree that in no event shall Customer be permitted to prevent the broadcast, exhibition, distribution or other exploitation of the materials. 

VIDEO SURVEILLANCE
Customer acknowledges that Company conducts video surveillance of any portion of its Premises at any time, with the exception of private areas such as restrooms and dressing rooms. Video cameras will be positioned in appropriate places within and around the Premises and used in order to help promote the safety and security of people and property.

 

LOST OR STOLEN ITMES
Company assumes no liability for any equipment brought into the Premises or left by Customer. Customer shall contact Company as soon as possible in an attempt to recover any missing items.  Company takes no responsibility for the location, recovery, or return of any items alleged to have been lost or stolen on Premises. Every attempt to return unclaimed Customer items will be made by Company, however, items left after 7 calendar days will be assumed abandoned and will be discarded or kept by Company for Company use at Company's discretion, with no compensation due to Customer regardless of property's value.

 

MEDICAL TREATMENT
Customer authorizes Company to obtain necessary medical treatment, including first aid, ambulance transport, hospitalization, or such other care necessary for Customer’s health and welfare in an emergency. Customer assumes responsibility for all costs incurred.
Customer releases and discharges Company from any claim which may arise on account of any first aid, treatment, or service rendered in connection with Customer’s participation or activity at Premises or with the decision by any representative of Company to consent to medical treatment on Customer’s behalf in an emergency.

INSURANCE
Individuals, businesses, corporations, production companies and other legal entities may be required, prior to the Booking start time, to present a certificate of general liability insurance naming Company as additionally insured on the dates of the Booking.  If so required, Customer 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 & general aggregate.

 

CUSTOMER LIABILITY & INDEMNIFICATION
Customer agrees to abide by all local, state and federal laws, including ordinances and agency requirements, while on the Premises and to hold Company harmless for any violations, claims, damages, actions related to any acts or omissions committed under the terms of this Agreement. Customer agrees to hold Company harmless from and against all claims, damages, losses, or injuries related to the rental and this Agreement. Customer is responsible for any and all loss or damage to the Premises or Company property during the rental period. 

Customer understands and acknowledges that there is an inherent risk when choosing to participate in Premises activities. Customer agrees there is potential for risks and dangers that may not be obvious or reasonably foreseeable at the time of signing. These risks may include but are not limited to: physical or psychological injury, pain, suffering, illness, economic or emotional loss, and death.  Customer agrees to voluntarily and fully assume all risks. Customer and anyone who obtains any rights from or through Customer, including but not limited to, heirs, next of kin, executors, administrators, personal representatives and assigns, hereby any forever and irrevocably release and discharge Company, employees, officers, volunteers, insurers, legal representatives, entity with any interest in the Premises, contractors, other participants in the activities and their successors, representatives or agents of any of the foregoing (each a “Releasee” herein) free and harmless from any loss, claim, liability, damage, cost (without limitation, attorneys’ fees and costs), or injury to persons and property that in any way may be caused, in whole or in part, by Customer’s use or occupancy in any way of the Premises or resulting in Customer’s breach, negligence and/or misrepresentation (whether actual or alleged) of this Agreement. This includes claims, damages, losses or injuries including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of Company, from dangerous or defective condition of Premises or breach of any duty of care or obligation to Customer.

 

Customer further agrees not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify, defend and hold harmless each Releasee from and against any loss regarding any matter within the scope of this Agreement. Theis Agreement and release of liability shall be construed broadly to release and waiver to the maximum extent permissible under applicable law. 

FOR CALIFORNIA RESIDENTS:  Agreement has been executed by Customer with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect.  Customer intends to relinquish all claims against Company, whether or not known or suspected and expressly waive any and all rights and benefits conferred upon Customer by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads:

 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

COVID-19
Customer agrees to not attend a Booking time or participate in activities conducted at Premises if Customer is exhibiting symptoms of COVID-19 (which can include fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if customer has been exposed to a third party who has exhibited COVID-19 symptoms in seven (7) days preceding participation at Premises.

Customer accepts the inherent risk of being exposed to COVID-19 while participating in activities at Premises. Customer voluntarily accepts full responsibility and waives rights to bring any legal claim against Company or Releasees in connection with the exposure, infection and/or spread of COVID-19 that can range from mild symptoms to major illness, including death. 

FORCE MAJEURE
Force Majeure will mean acts and events, not within the parties’ control, and which the party has been unable by the exercise of due diligence to avoid or prevent. Company will not be liable to Customer for any loss resulting in, but not limited to the following: power outages; mechanical failures; acts of God; strikes; lockouts, or other industrial disputes; epidemics; pandemics; civil disturbances; mandatory evacuations; acts of domestic or foreign terrorism; wars within the continental United States; riots or insurrections; landslides, lightning, earthquakes, fires, storms, floods, tornados, hurricanes or washouts; declarations of emergencies by applicable Federal, State or local authorities; governmental orders; explosions; and breakage or accident to machinery. If the use of the Premises by Customer is prevented in whole or in material part by an event of Force Majeure, either party may terminate this Agreement upon written notice. Customer agrees that its exclusive remedy in the event of termination under this paragraph will be a refund of deposits and fees paid by Customer hereunder prior to the termination. Except for such refund, Company will not be responsible to Customer for any damages caused by such termination, and Customer hereby releases and waives all claims against Company and Releasees for any cost, loss, expense, liability, or damages sustained by reason of such termination.

SEVERABILITY; ENTIRE AGREEMENT

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. This Agreement constitutes the entire agreement between Customer and Company and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of this Agreement will not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

GOVERNING LAW; ARBITRATION; ATTORNEY FEES

This Agreement will be governed by the laws of the State of California. If any conflict arises between Customer and Company, Customer will mediate before submitting to binding arbitration in Placer County, CA with the American Arbitration Association or a comparable association. Each party will 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 attorney's fee 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 $1,000. 

If any legal action is commenced or maintained in court, whether in law or in equity, by any part to this Agreement as to the interpretation, enforcement, construction or the determination of the rights and duties of the parties to this document or any document provided herein, the prevailing party in any such action will be awarded its reasonable attorneys’ fees together with all reasonable costs and expenses incurred in such action. Company may take further legal action to collect a judgment as it deems necessary.

WAIVE JURY TRIAL
Customer herby irrevocably waives, to the fullest extent permitted by applicable law any rights to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to participation at Premises or said Agreement. 

NO DURESS
Customer acknowledges that Customer is under no pressure to sign this Agreement. Customer agrees that a reasonable opportunity in access and time to review this Agreement has been provided by Company. Customer fully understand what is being agreed to and has had the opportunity to ask questions prior to signing this Agreement. 

CHANGES TO CONTRACT 
Any modifications of this Agreement must be in writing and signed by both parties.