Red Dot Studios Facility Use Agreement

This Facility Use Agreement (the “Agreement”) is entered into by and between Red Dot Studios Inc., a Florida corporation doing business as Red Dot Studio (“RDS”) and the “Client”, whose name and address are outlined in the Confirmation Email for use of RDS’s facility located at 721-723 S 21st Ave, Hollywood, FL 33020 (the “Facility”) and services in connection therewith which are specifically enumerated in this Agreement.

In consideration of the foregoing and the payments and other mutual promises set out below, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Facility Use and Services

RDS hereby grants to the Client a limited and revocable license to use the Facility for Client’s Booking, subject to the terms hereof.

Facility Use Fee

The Facility Use Fee (the “FUF”) includes any services provided by RDS hereunder and all items, equipment, and/or personal property rented to the Client.

Payment of the FUF shall be as follows:

• Client will pay the FUF in full upon execution of this Agreement.

• If, on Client’s Booking date, the Client extends their Booking for any reason, Client will be charged 1.5x the hourly rate.

• If the Client fails to pay the FUF or otherwise cancels the reservation for any reason, RDS may unilaterally terminate this Agreement, revoke the license granted herein, and keep any sums paid by the Client up to the date of termination as liquidated damages. The parties hereby agree that such amount is a fair and reasonable estimate of the total detriment and damages that RDS would suffer in the event the Client fails to make full and timely payment of the FUF or cancels the booking for any reason.

Cancellation & Rescheduling

• If the Booking is cancelled by Client 24 hours or less after execution of this Agreement, all fees will be fully refunded.

• Cancellation by Client more than 24 hours after execution of this Agreement will result in forfeiture of the FUF.

• If the Booking is cancelled more than 24 hours before the scheduled start time of Booking, the FUF can instead be applied to a new date, subject to Company availability and at Company’s discretion.

• If the Booking is cancelled less than 24 hours before the scheduled start time of Booking, 30% of the FUF will be fully forfeited. The remaining FUF can be applied to a new date, subject to Company availability and at Company’s discretion.

Credit Card Guarantee

The Client agrees to provide a valid credit number (and other customary information required to process a credit card transaction) to RDS upon execution of this Agreement. The Client hereby authorizes RDS to charge any fees, costs, expenses or charges incurred under this Agreement, or any other sums due hereunder, to the credit card RDS has on file for the Client in the event that repair and/or excessive cleaning is required (in the sole discretion of RDS) after the Booking to return the Facility to such condition as it existed prior to the Booking.

Booking Capacity

The total number of guests in the space at one time during the booking will not exceed the capacity detailed on the Client’s Booking Confirmation (the “Total Booking Capacity” or “TBC”). The TBC includes all persons at the Booking, i.e., all guests, vendors, photographers, Company personnel, and any other persons present at the Booking. Any individuals on site outside of the approved guests will be charged at $100/head. RDS reserves the right to refuse admission to the Facility to all persons in excess of the TBC.

Use and Return of the Facility

RDS will make the Facility available to the Client on the Booking Date in conformance with the specifications set forth in the Confirmation Email. The Facility will be provided as-is. RDS makes no representations or warranties regarding the suitability of the Facility for the Client’s intended use. RDS makes no warranties (express, implied, or statutory) as to any matter whatsoever addressed in this Agreement, including the provision of services by RDS, the condition of the Facility, its merchantability, its capacity, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts.

The Client will leave the Facility in the same or similar condition as it was delivered to the Client. Any outside materials brought to the Facility by the Client or any third party on the Client’s behalf must be removed by the end of the contracted Booking. If applicable, the Client will return all rented equipment and personal property in the same condition as it was provided to the Client.

Damages

The Client shall be responsible for any damage caused to the Facility beyond ordinary wear and tear. If the Facility is not left in the same condition, the Client’s credit card on file will be charged a $250 cleaning fee, plus any additional applicable expenses.

The Client will also be responsible for all consequential damages that may result in RDS’s inability to operate.

The Client hereby authorizes RDS to charge the Client’s credit card on file for any and all amounts due under this section.

Prohibited Items

The following are prohibited at the Facility: (i) nails, staples, glues, screws, tacks, or the like on the walls, ceilings, or floors; (ii) holes in the walls, partitions, ceiling, or floors; (iii) painting of any signs, placards, or other advertising, banners, pennants, awnings, or the like; (iv) sparklers, fireworks, or pyrotechnics of any sort; (v) hazardous, poisonous, or flammable materials; (vi) open flames, grills, or heating elements of any kind; (vii) glitter, rice, bird seed, or silly string.

Food & Beverage

Client may bring pre-made outside food. Any deliveries and pickups must be scheduled during the Booking and must be made at designated access points only.

Safety and Security

Any disorderly conduct during the Booking will be grounds for immediate termination of the Booking. RDS reserves the right, but assumes no duty or obligation, to take any necessary action, including termination of the Booking, to protect the safety and well-being of the Facility and all guests and personnel at the Booking. The Client will ensure that the Booking is operated in a safe and secure manner at all times. Children 16 years or younger must be supervised and accompanied by an adult at all times.

RDS reserves the right, but assumes no duty or obligation, to refuse admission to any person into the Facility or to eject any person from the Facility whom it believes, in its sole judgment, may cause disruption, disturbances, endanger life, or cause bodily injury or in any way affect the safety and security of the Facility, RDS’s employees, staff, personnel, or the Client's guests. The Client, on behalf of itself and its guests, hereby waives any and all claims for damages against RDS, its officers, agents, employees, and contractors, resulting from the exercise of this authority.

RDS is not responsible for the loss, theft, misuse, or damage of or to the personal or organizational property of the Client or the Client’s guests. RDS is hereby authorized to remove from the Facility, and to dispose of in any manner it deems advisable, any goods, equipment, or other property which remains in the Facility after the completion of the Booking. RDS will not be liable for any damage to or loss of any such property, and RDS, its agents, employees, and contractors are hereby expressly released from any and all claims for any such loss or damage.

Age of Models

Client is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. RDS has no responsibility to determine or verify the age of participants in the Booking 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 the Booking if RDS becomes aware that legal age violations are occurring. RDS is not liable in the case of an invalid identification or any other form of age verification.

Equipment Damage or Loss

The Client is responsible for all loss, damage, or destruction of RDS equipment or personal property provided for the Booking. The Client will be responsible for the replacement cost value or repair cost of the equipment. The Client will also compensate RDS for the loss of use of any equipment during the time it is being repaired or replaced. The Client is not responsible for loss or damage to equipment caused by RDS’s sole negligence or misconduct.

Media Capture & Media Share

If Client opts in to media capture, RDS reserves the right to make photographs, audio, and video recordings during the Booking at its option, to use in connection with RDS’s marketing, promotions, and portfolio. Such capture will be subject to RDS’s collection of proper rights and releases from those present at the Booking.

On-Site Contact

The Client must retain and appoint an on-site contact for the Booking. The on-site contact must be specified on the Booking Confirmation unless and must be on-site at the Facility throughout the Booking and will be responsible for Booking setup, coordination, management, tear down, and cleanup in accordance with RDS’s check in / check out sheet, and in support of RDS personnel.

Independent Service Providers

The Client hereby agrees to indemnify, defend and hold harmless RDS, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns, from any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to any damage or injury (including death) to any person or the Facility caused by any independent service provider hired or employed by the Client to provide services for the Booking, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, agents, or guests.

Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties, whether written or oral. This Agreement may be amended or modified only by a written instrument signed by both parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal actions or proceedings arising out of or relating to this Agreement shall be exclusively subject to the jurisdiction of the state or federal courts located in Broward County, Florida.

Red Dot Studios Inc. (DBA Red Dot Studio)

721-723 S 21st Ave Hollywood, FL 33020 Website: RDStudiosFL.com