T.E.A.M. CENTER

Facility Agreement

BUILDING EVENT RENTAL AGREEMENT
 

This Rental Agreement is entered into with the party whose signature is listed below (hereafter referred to in this agreement as either “You,” “Your,” or “Client”) and T.E.A.M. Center. a corporation established under the laws of the State Oregon (hereinafter referred to in this agreement as “T.E.A.M. Center”). Clients’ signature(s) below indicates the understanding and acceptance of all Terms and Conditions noted below.

Rates and Usage: Unless stated otherwise and absent Your Default, you agree to pay the following rates for usage of the premises at 115 NE 9th Avenue Portland, OR 97214 (the “Premises”) during the periods desired as outlined below. Such modified rates are calculated based upon immediate payment as described below.

Studio rental rates may vary depending upon negotiated pricing as stated in the Studio Rental PROPOSAL that is accepted as an addendum to this contractual agreement. Client is required to pay holding fee for the date of service.
 

The remaining balance is due and payable immediately on the Client’s booking day of rental.  Absent the presentment of a check, you authorize T.E.A.M. Center to charge Your credit card for the remaining balance as well as for any additional expenses as defined in this Agreement. You may also reserve the premises for a specific period of usage by paying, in advance, a nonrefundable fee. Provide T.E.A.M. Center proof of current insurance (if required by T.E.A.M. Center management); Provide T.E.A.M. Center with the signed Credit Card Authorization form. Any vendor services are quoted outside of your facility booking.

Default and/or Non-Payment. In the event of non-payment at the completion of this rental agreement, the Client acknowledges that Client will be charged a collection fee equal to ten percent (10%) of the total invoice amount immediately after Client vacates premises. You understand that the rates noted above are reduced and modified by approximately fifty percent (50%) of T.E.A.M. Center’s standard rental fees in consideration of prompt payment. Should payment remain delinquent after three (3) days, then You understand, agree, and acknowledge that You have defaulted under this Agreement and that You are then obligated to pay T.E.A.M. Center the standard usage fee of $1000 per day (“Default Rate”) and to waive any right to the reduced and modified fee structure described above. You will also be charged the Default Rate should You: 1) violate any material provision, limitation, or term of this Agreement; 2) Use the Premises for any other purpose beside for the specific purposes You state below; 3) fail to follow the reasonable directions, instruction, or orders of the T.E.A.M. Center representative and / or stage manager in connection with Your use of the Premises; 4) and / or sublet the Premises to anyone else.

Amenities. PER NEGOTIATED, T.E.A.M. Center will also provide support via the following:

·       A Stage Manager to assist You and Your team each day during rental duration.

·       2520 sq. ft. of available stage area including white two-wall hard corner cyclorama.

·       One (1) rollup door for access.

·       One (1) multipurpose area for production offices, hair, makeup, wardrobe, green room, talent holding, client lounge, etc.

·       Courtesy electricity usage (up to 200 amps available with specified 20amp dedicated circuits).

·       One (1) restroom for crew, cast, talent, general public

·       Wireless Internet.

·       24 Hour On-Call security system.

·       On-site parking.

·       Trash bin dumpster.

·       Heat/Air conditioning.

Terms of Occupancy and use:
There is no grace period unless otherwise stated in Studio Rental PROPOSAL
·       Studio rental is based on a 10-hour day that will begin at the time stated in this agreement and will be charged as such.

·       Additional Time. Usage after 10 hours will be billed at a rate of $100 per hour.

Extension of time. You may also extend the period of usage at one hundred and twenty percent (120%) of the same contracted daily rate.

Maintenance and Condition of Premises. Client agrees to restore the Premises to the same condition when the Client began using the Premises. This shall include but not be limited to ensuring that the Cycloramas are painted back to their original colors of TV white. If any portion of the cyclorama floors is used uncovered, a $300 minimum reconditioning/repainting fee will be assessed at the end of rental period for each white cyc floor area. Client will leave Stage broom clean, free of trash, and otherwise “as received” on final day. All tape must be removed from floor. Strike must be completed in time allotted. T.E.A.M. Center reserves the right to employ such personnel, vehicles and/or equipment as reasonably necessary to complete any unfinished strike and or cleaning and Renter agrees to pay the reasonable cost thereof, as set forth on all invoices presented by T.E.A.M. Center for such. Client is responsible for all damage repairs to and/or replacement of any portion of the stage, cyclorama, restrooms, office areas, Grip and Lighting equipment, and ladders and scaffolding, to the extent such repair(s) and/or replacement is/are attributable to damage(s) caused by client. This includes the cyclorama walls and damage to the cyclorama floors from excessive discoloration, water or other substances. Client agrees to pay two thousand dollars ($2,000) immediately if the cyclorama is to be repainted to any other color and not returned to TV white while using the Premises.

Insurance, Liability, and Indemnification. Client must provide proof of liability insurance naming T.E.A.M. Center. as ADDITIONALLY INSURED for $1,000,000.00 and LOSS PAYEE at no less than $100,000.00 at the time of booking usage of the premises. Client shall also secure and maintain Workmen’s Compensation Insurance covering all personnel in Client’s employ or supplied by others. Such proof of insurance shall demonstrate adequate coverage of the property, including without limitation filmed sequences and any and all costs incurred in the production of such sequences, arising directly or indirectly from, or attributable to, the renting or use of any equipment or space owned and/or operated by T.E.A.M. Center. In addition to its coverage for filmed sequences, client shall secure and maintain adequate coverage for its equipment, and property, including but not limited to, computers, cellular phones, video and audio recording and playback equipment, TVs and monitors, kits, tools, wardrobe, props, set dressings, and product.

Client agrees that all equipment and property brought to and/or stored at T.E.A.M. Center is the sole responsibility of the owner and/or Client who shall hold T.E.A.M. Center harmless in the event of any damage to or loss thereof during the rental of the premises. You and Your insurance company shall provide T.E.A.M. Center with not less than 30 days written notice prior to the effective date of any cancellation or material change to any insurance maintained by You pursuant to the foregoing provisions. Insurance coverage shall commence when the rental term begins and shall remain in full force and effect until the stage service term ends and Client completely vacates the premises.

Client agrees to defend, indemnify, and hold T.E.A.M. Center harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses, and compensation whatsoever including court costs and reasonable outside attorneys’ fees “Claims,” in any way arising from, or in connection with renting the space operated by T.E.A.M. Center and the studio equipment used; as well as any and all vehicles on T.E.A.M. Center property. Client acknowledges that T.E.A.M. Center is NOT a “soundstage” with absolute soundproofing capabilities. Client will not hold T.E.A.M. Center liable for any such loss of production due to noise distractions or interference while recording sound/audio during production.

Stage Manager. A T.E.A.M. Center representative and/or stage manager will be present for the duration of the contractual agreement and will provide assistance to the Client exclusively to facilitate the usage of the Premises as described in this Agreement. The stage manager will be responsible for opening and closing/locking the parking and stage area as agreed upon by the Client and T.E.A.M. Center; as well as assistance with all stage amenities discussed in this contract. The stage manager is not available to assist You with anything else.

Cancellation Policy. You understand that if You do not provide T.E.A.M. Center with advance notice of at least seventy-two (72) hours of Your interest in canceling, your non-usage of the Premises will cause sufficient loss and damage to T.E.A.M. Center. Accordingly, you may cancel Your expected usage or booking of the Premises up to seventy-two (72) hours prior to the date of usage (“Cancellation Time Limit”). However, should You fail to notify T.E.A.M. Center’s office and receive a written confirmation from T.E.A.M. Center before the Cancellation Time Limit expires, then You agree to forfeit Your deposit and any other fees You have paid.

You also agree and understand that T.E.A.M. Center may cancel this Agreement at any time upon not less than 72 hours prior written notice. If T.E.A.M. Center does cancel this Agreement, then T.E.A.M. Center shall refund all fees received to reserve the Premises. T.E.A.M. Center also reserves the right NOT to extend usage of the Premises (excluding overtime usage) at any time for any reason whatsoever.

Additional Provisions
A. This agreement constitutes the full and entire agreement of the parties and nothing contained in any prior or contemporaneous letters, correspondence, or other communication between the parties hereto contrary to o inconsistent with the terms of this agreement shall have any effect upon the rights or liabilities of the parties.

Any controversy or claim, including any claim of misrepresentation, arising out of or related to this agreement or breach of this agreement, which cannot be resolved by the parties or in Small Claims Court will be settled by arbitration, in Portland, Oregon. A single arbitrator under jurisdiction of and the then-current rules of the American Arbitration will conduct the arbitration. The decision and award of the arbitrator will be final, and binding and any award may be entered in any court having jurisdiction. The prevailing party in any such

arbitration shall be entitled to an award of reasonable attorneys’ fees and costs in addition to any other relief granted.

B. No modification of this agreement shall be effective or binding unless in writing and executed by both parties.

C.             No failure to exercise and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, or circumstances except those specifically covered thereby.

D.             Parties agree to do such further acts and things and to execute and deliver such additional agreements and instruments as maybe reasonably necessary to give effect to the purpose of this agreement and the parties’ agreements hereunder.

E.              The headings in this Agreement are for the purpose of organization only and are not intended to inform, alter, or control the terms of this Agreement.

F.              If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.

G.             In the event of any litigation between the parties, including an action for declaratory relief, the prevailing party shall be entitled to recover its costs in such proceedings, including reasonable attorneys’ fees, in addition to any other relief to which that party may be entitled.

H.             This agreement shall be covered by and construed in accordance with the laws of the State of Oregon.

I.               This agreement is intended to affect the mutual desires of the parties. Each party acknowledges that it has had an opportunity to review carefully all of the terms and conditions of this agreement. This agreement shall not be construed in favor of or against either party.

J.              Client agrees that the rental agreement represented by the Contract in no way entitles the Client to any interest in real property nor does the Client by signing this Contract have the right to act for or on behalf of T.E.A.M. Center in any agreement, contract, sub-rent, purchase, or anything which shall be binding on T.E.A.M. Center.

K.              Client shall hold T.E.A.M. Center, its officers, directors, agents, and/or their heirs or assigns, forever harmless by reason of any acts of Client which are not expressly permitted, or which are forbidden by this Contract.

L.              While renting, Client shall, at Client’s sole cost and expense, fully, diligently and in a timely manner, comply with and abide by all laws, rules, regulations, ordinances, directives, covenants, easements, and restrictions of record, permits, and the requirements of any applicable fire insurance underwriter, general insurance underwriter or rating bureau, T.E.A.M. Center, the property owners, City of Portland, and State of Oregon regarding fire prevention, use and removal of hazardous wastes, use of electricity, and parking of vehicles, and Client shall hold T.E.A.M. Center harmless with respect to any claims arising as a result of or in connection with any violations thereof.

M.             T.E.A.M. Center will also not assume responsibility for any damage or delay caused by failure of any utility (and not attributable to the negligence of willful misconduct of T.E.A.M. Center, its subcontractors, agents, or any other person under the control of T.E.A.M. Center. including but not limited to electric power, gas, water, and/or telephone whether service interruption occurs on public or private property; acts of God and or Nature; riot or civil disobedience; or any other factor not directly related to T.E.A.M. Center, its equipment, and facilities. T.E.A.M. Center will not be held responsible for any vehicle or its contents whether in use or parked on public or private property. T.E.A.M. Center, its officers, and employees shall have full access to all areas owned and or operated by T.E.A.M. Center at all times; provided, however, that neither T.E.A.M. Center nor its officers or employees shall do anything that interferes with Client’s use of the Premises, except as shall be necessary to prevent damage to the Premises or to the property and equipment of T.E.A.M. Center, or injury to any persons working on the premises. T.E.A.M. Center reserves the right to deny access to any or all areas owned and or operated by T.E.A.M. Center, to any party for any reasonable cause or reason.

TO BOOK STUDIO PLEASE HAVE THE FOLLOWING AVAILABLE:
·       SIGNED PROPOSAL
·       SIGNED RENTAL AGREEMENT

·       INSURANCE CERTIFICATE (if required by T.E.A.M. Center management)

o   CREDIT CARD AUTHORIZATION FOR SECURITY DEPOSIT

The undersigned individual represents that he or she has reviewed the entire Rental Agreement, agrees to be bound by all of its terms, obligations, provisions, and costs, AND is authorized to execute this agreement on behalf of the Client: