Contract AGREEMENT
for Studio1212 Rental Production Studio
BETWEEN
Customer
- AND -
1212LLC
D.B.A. Studio1212
(the "Service Provider")
1212 East 10th Street
Charlotte NC 28204
704-965-3276
BACKGROUND:
The Customer desires to obtain the exclusive services of the Service Provider ( Studio 1212) for production studio rental.
This contract requires the customer an exclusive contract with 1212LLC for rental usage of studio space for the dates specified in the final invoice. The customer is agreeing to pay 1212LLC for the use of Studio1212 located at East 10th Street Charlotte NC 28204.
The Service Provider warrants that it has the facility and equipment to provide these services, and is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
Services Provided
The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of short term rental property that fits the needs of a photography and/or video production.
Service Provider will provide a climate controlled facility as needed to fulfill the needs of the project.
*See estimate/invoice for line item cost of services rendered.
Term of Agreement
The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement, with the said term being capable of extension by mutual written agreement of the parties.
Performance
The parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Compensation
For the services rendered by the Service Provider as required by this Agreement, the Customer will provide payment via check, cash or Credit Card .
Compensation will be due 24 hours before rental period.
NC State sales tax will be added to the final amount
Confidentiality
The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of the Customer, which the Service Provider has obtained, except as may be necessary or desirable to further the business interests of the Customer. This obligation will survive indefinitely upon termination of this Agreement.
Other than with the express written consent of the Customer, which will not be unreasonably withheld, the Service Provider will not, during the continuance of this Agreement or within 1 year after the termination of this Agreement, be directly or indirectly involved with a business which is in direct competition with the particular business line of the Customer, divert or attempt to divert from the Customer any business the Customer has enjoyed, solicited, or attempted to solicit, from other individuals or corporations, prior to termination of this Agreement.
Non-Solicitation
Any attempt on the part of the Service Provider to induce to leave the Customer's employ, or any effort by the Service Provider to interfere with the Customer's relationship with its employees or other service providers would be harmful and damaging to the Customer.
The Service Provider agrees that during the term of this Agreement, the Service Provider will not in any way directly or indirectly:
induce or attempt to induce any employee or other service provider of the Customer to quit employment or retainer with the Customer;
otherwise interfere with or disrupt the Customer's relationship with its employees or other service providers;
discuss employment opportunities or provide information about competitive employment to any of the Customer's employees or other service providers; or
solicit, entice, or hire away any employee or other service provider of the Customer.
Return of Property
Upon the expiry or termination of this Agreement, the Service Provider will return to the Customer any property, documentation, records, or confidential information which is the property of the Customer.
Assignment
The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
Capacity/Independent Contractor
It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.
Notice
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the parties of this Agreement as follows:
1212LLC
Studio 1212
1212 East 10th Street
Charlotte NC
28204
Phone: 704-965-3276 Email: jim@jimmcguire.com
or to such other address as to which any Party may from time to time notify the other.
Costs and Legal Expenses
In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
Time of the Essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Limitation of Liability
It is understood and agreed that the Service Provider will have no liability to the Customer or any other party (whether direct, indirect, or consequential) which may arise from the provision of the Services.
Indemnification
The Service Provider will indemnify and hold the Customer harmless from any claims against the Customer by any other party, arising directly or indirectly out of the provision of the Services by the Service Provider.
Enurement
This Agreement will enure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in United States dollars.
Titles/Headings
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of North Carolina, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Dispute Resolution
In the event a dispute arises out of or in connection with this Agreement the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of North Carolina. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of North Carolina.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Payment of deposit confirms your agreement to this contract.
Jim McGuire
Studio 1212