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terms & conditions

last revised May 25, 2024

Acceptance of Terms and Conditions

Welcome to Shine Studio LLC’s online reservation system.  These Terms and Conditions are entered into by and between you and Shine Studio LLC ("Shine Studio", "owner", "we", or "us") located at 1107 King Street, Suite D, Charleston, SC 29403 (the “Studios”).  

Reservation

The Shine Studio rents and makes available portion(s) of the Studios for videography, photography, and podcasting which are staged as described on our website (the “Studio Rental”). Payment in full is required at the time of booking to reserve your time.

 

Shine Studio also rents and makes available videography, photography, and podcasting equipment, separate from the staging of the Studio (the “Equipment”). Your reservation of the Studio and the Equipment is subject to availability and will be become effective at the time you make your reservation (collectively, “Reservation”). 

You may modify your Reservation either online or in person, subject to the cancelation policy and availability.

If you fail to clear the Studios or return the Equipment before the end time of your Reservation, Shine Studio, in its sole discretion, may require you to surrender your use immediately.  

Otherwise, Shine Studio will automatically process payment on your credit card for your continued use of the Space and/or Equipment in 15-minute increments as specified on the Fee Schedule.  

Reservation Fees

Shine Studio’s fees for the Reservation will be posted online at the time of your Reservation (“Fees”).

Services

Behind-the-Scenes Footage

If you granted consent when you made your Reservation, Shine Studio may capture behind-the-scenes footage for marketing purposes, which you may share on social media by tagging (@ShineStudio.CHS).

Cancellation and Rescheduling Policy

You must reschedule or cancel your Reservation on our online reservation system. 

To receive a full refund of your Fees you must cancel at least 48 hours in advance of your Reservation.  If you reschedule more than 48 hours in advance of your Reservation, then your Fees will be applied to the new Reservation (for 1 time; after this, you will have to make a new reservation as we cannot allow multiple dates to be transferred). 

In the event of any cancelation less than 48 hours in advance, or no-show, or request to reschedule less than 24 hours in advance of your Reservation, 100% of your Fees will be NON-REFUNDABLE.

If you reschedule less than 48 hours in advance of your Reservation, then a 20% rescheduling fee will be applied to the new Reservation.  

If Shine Studio must cancel your all or part of your Reservation for any reason, Shine Studio will notify you as soon as possible and refund any Fees Shine Studio has received.  

Rules and Safety Procedures

You assume responsibility for the actions and omissions of any individual or entity you invite to the Studios, including but not limited to employees, independent contractors, or guests (collectively, “Invitees”), as they are subject to these Terms and Conditions.  

Shine Studio has Rules and Safety Procedures on our website.  You are responsible for following all Rules and Safety Procedures and ensuring that Invitees follow all Rules and Safety Procedures.  You and Invitees will abide by all applicable federal, state, and local laws regarding safety.

If at any time, in the sole discretion of Shine Studio, the use of the Studios by you or any Invitees violates the Rules and Safety Procedures, these Terms and Conditions, or is illegal, Shine Studio may require that you cease the objectionable use or surrender the Space and Equipment immediately, with NO REFUND.  

Lost or Damaged Studio Space or Equipment

If you or Invitees damage the Studio or Equipment, you are responsible for reimbursing Shine Studio for our actual cost to repair or replace the damage to the Space or Equipment plus any potential lost profits.

Shine Studio has sole discretion to decide whether to repair or replace damaged Space or Equipment. In addition, there is a $100 surcharge for damaged Space or Equipment.

If Space or Equipment is lost during the Reservation, you are responsible for reimbursing Shine Studio for our actual cost to replace the Space or Equipment, plus a $100 surcharge.  

Shine Studio will automatically process payment on your credit card for any such fees.

Condition of the Studio Space or Equipment

At the end of your Reservation, you must return the Studio and Equipment in their original condition.  If the Space or Equipment is not returned in its original condition, Shine Studio may determine, in our sole discretion, that it requires cleaning.  In such an event, Shine Studio may charge you an immediate cleaning fee of $250, plus any additional documented costs of cleaning. 

Shine Studio will automatically process payment on your credit card for any such fees.

Storage of Personal Property

You must get written approval from Shine Studio to drop off any personal property at the Studios prior to your Reservation or leave any personal property at the Studios after your Reservation. The Good Vibe Studios charges a fee of $20 per day to store personal property.  

If you leave any personal property at the Studios without written approval, Shine Studio has sole discretion to either store it (and charge a fee of $20 per day) or dispose of it.  Any personal property left at the Studios for longer than 14 days will be disposed.  Shine Studio may charge you any documented costs for disposal of personal property.

Shine Studio will automatically process payment on your credit card for any such fees.

Shine Studio is not responsible for lost or damaged personal property or for replacement of personal property.

Late Payments

In the event Shine Studio is unable to automatically process payment on your credit card for any additional payments that become due after the Reservation, as specified herein, you shall pay interest on all late payments, calculated daily and compounded monthly, at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law.  You shall also reimburse Shine Studio for all reasonable costs incurred in collecting late payments, including but not limited to attorneys’ fees.

Indemnity

You (“Indemnifying Party”) agree to indemnify and defend Shine Studio and its owner, managers, employees, and/or agents (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys’ fees, that are awarded against Indemnified Party in a judgment, administrative proceeding, or any alternative dispute resolution (collectively, “Losses”), arising out of any third-party claim related to your Reservation and use of the Studios and Equipment. 

Indemnifying Party is not obligated to indemnify or defend Indemnified Party against any claim (whether direct or indirect) if such claim or corresponding Losses arise out of or result from Indemnified Party’s gross negligence or more culpable act or omission.

Limitation of Liability

IN NO EVENT WILL THE GOOD VIBE STUDIOS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

Shine Studio’s AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY PERCENT OF FEES THE GOOD VIBE STUDIOS HAS RECEIVED. 

Force Majeure

No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any term of this Terms and Conditions, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake, tornado, hurricane, or explosion; (c) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; (d) government restrictions on large gatherings due to COVID-19 or any other pandemic; (e) national or regional emergency; or (f) power outage.  The impacted party shall give written notice within 3 business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Events are minimized. When the Force Majeure Event resolves, the parties agree to negotiate in good faith to reschedule the studio space rental or equipment rental(s) within a 90-day period of the rental date. Any fees received by Shine Studio will be credited to the rescheduled rental date.  If the studio space or equipment rental(s) cannot be rescheduled, Shine Studio will not refund any fees Shine Studio has received.

Event Insurance

TShine Studio suggests but does not require that you obtain event insurance.

 

Choice of Law

These Terms and Conditions shall be governed by the laws of the State of South Carolina.

 

Dispute Resolution

In the event of a dispute arising out of or relating to these Terms and Conditions, including any question regarding its breach, existence, validity or termination, and including any non-contractual claims (whether in tort or otherwise) (“Dispute”), the parties shall endeavor to reach a resolution of the Dispute satisfactory to both parties.  Either party may commence such process by requesting a meeting with the other party, which may take place in person, or remotely.  Each party shall nominate representatives who shall meet to try to resolve the Dispute.

 

If such Dispute is not resolved within 90 calendar days of the meeting (or if, for any reason, such meeting does not take place within 30 days of either party requesting the meeting), then the Dispute shall be resolved by binding arbitration as provided below.

 

Any Dispute involving $50,000 or less shall be submitted to the Compulsory Arbitration program through the Superior Court of the State of South Carolina.

 

Any Dispute involving between $50,001 and $300,000 shall be submitted to a Certified Arbitrator through the Superior Court of the State of South Carolina.

 

Any Dispute involving $300,001 or more shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in the Superior Court of the State of South Carolina.

 

The parties stipulate that the results of any arbitration shall be binding.  The costs of arbitration will be shared equally by the parties, provided that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses, including attorneys’ fees.  

 

Waiver

No waiver by any party of any of the provisions of these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms and Conditions, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms and Conditions shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be fully severable, and these Terms and Conditions shall be construed and enforced as if such provision had never comprised a part of these Terms and Conditions.

Entire Agreement

These Terms and Conditions represent all agreements between the parties with respect to the subject matter of these Terms and Conditions and supersede all prior agreements and understandings between the parties. Any modifications to these Terms and Conditions must be made in writing and signed by both parties.

Please note, if booking The Studio for audio purposes Shine Studio does not have control over timing or scheduling of surrounding events, such as traffic, landscaping, building, or trash pickup. back entrance | Private bathroom | Modern couch + various seating & decor options | Wardrobe rolling rack | Wardrobe steamer | Full-length mirror | Air conditioned | Additional lighting & gear available

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