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Terms of Service

Thank you for your interest in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and Love Studios NYC governing the use of our services.

1. ABOUT US
We are Love Studios NYC of 545 8th Ave, New York, NY 10018, United States (“Love Studios NYC”, “we”, “us”, “our”).
To contact us, please use our Contact Form.
These Terms were last updated on Saturday, December 28th, 2024.
The following also apply to these Terms and form an integral part of these Terms:
our Privacy Policy; and
our Cookie Policy;

2. RENTAL TERMS
2.1. Equipment. We hereby rent to you, and you hereby rent from us, the equipment described in the Rental Invoice (the “Equipment”) upon the terms and conditions set forth herein.
2.2. Rental Period. The first rental day of the contract begins on the date listed on the Rental Invoice as the “Date of Hire”. The last rental day is the day prior to the date on which the Equipment is returned. Equipment returned after the last rental day is subject to an additional day’s rental charge. The amount of the daily rental charges is prorated according to the rental period stated in the Rental Invoice. This period terminates not on the “Return” date indicated on your Rental Invoice but rather on the date of the Equipment’s physical return to us.
2.3. Rental Charges. You shall pay such deposit and rent, in such amounts and manner, and at such times, as set out in the Rental Invoice. All payments hereunder shall be paid unconditionally, without abatement, and free and clear of all claims, demands, or set-offs against us, however arising, and your only recourse against us shall be by separate action. Any security deposit paid by you to us is nonrefundable and nontransferable.
2.4. Handover of Equipment. You shall notify us, in writing, of any items of Equipment rejected due to a nonconformity or defect, which notice shall include a specific description of such nonconformity or defect. If you have not furnished us with written notification of rejection due to nonconformity or defect within 24 hours after delivery of Equipment, you shall be deemed to have accepted the Equipment for rent hereunder and as being in good working order.
2.5. Condition of Equipment on Handover. On delivery of the Equipment, we ensure to have tested the Equipment in accordance with reasonable industry standards and determined its working order to the extent you have disclosed to us all of the intended uses of the Equipment. We shall not be liable for any damages whatsoever for short delivery or failure of the Equipment to conform to the contract, which is apparent on inspection, howsoever caused. You remain liable to pay the rental charges in accordance with the Rental Invoice. In addition, you acknowledge that the Equipment is rented without warranty or guarantee, except as required by law or otherwise agreed upon by the parties at the inception of these Terms.
2.6. Ownership of the Equipment. The ownership of the Equipment remains at all times with us. You have no right, title, or interest in the Equipment except that they are hired to you. You must not deal with the ownership or any interest in the Equipment. This includes, but is not limited to, selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of, and/or lending. We will have the right to place and maintain on the exterior or interior of each piece of Equipment covered by these Terms the following inscription: Love Studios NYC. You will not remove, obscure, or deface the inscription or permit any other person to do so.
2.7. Responsibility over Equipment. You accept full liability and shall fully indemnify us against all third-party claims and losses, however arising, in respect to damage to or loss or destruction of any property or in respect of the personal injury or death of anybody in any way caused by or relating to the Equipment or its use, except when the damage, loss, or destruction, injury, or death directly results from our negligence or that of our employees or agents.
2.8. Return of Equipment. Upon the expiration date of these Terms with respect to any or all Equipment, you will return the property to us, together with all accessories, free from all damage and in the same condition and appearance as when received by you. The acceptance of the return of the Equipment is not a waiver of claims we may have against you, nor is it a waiver of claims for latent or patent damage to the Equipment.
2.9. Operators. Unless otherwise mutually agreed in writing, you shall supply and pay all operators on the Equipment during the Rental Period. All operators shall be competent. During the Rental Period, you are responsible for operating the Equipment in strict accordance with the operating instructions. Any damage arising from failing to adhere to operating instructions will be your sole responsibility.
2.10. Loss of or Damage to Equipment. You are responsible for loss, damage, or destruction of the Equipment, including but not limited to losses while in transit, while loading and unloading, while at any and all locations, while in storage, and while on your premises, except that you are not responsible for damage to or loss of the Equipment caused by our sole negligence or willful misconduct.
2.11.  Security. To ensure the complete return of the Equipment to us in good condition, at our request you shall deposit with us as security an amount equal to the full replacement cost of the Equipment which will be fully refunded upon the return of the Equipment, the deposit, or the balance thereof after payment for any repair or replacement costs to us.
2.12. Accident Reports. If any of the Equipment is damaged, lost, stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, you agree to promptly notify us and will file all necessary accident reports, including those required by law and those required by applicable insurers. You, your family members, employees, and agents will cooperate fully with us and all insurers providing insurance under these Terms in the investigation and defense of any claims. You will promptly deliver to us any documents served or delivered to you, your employees, or your agents in connection with any claim or proceeding at law or in equity begun or threatened against you, us, or both of us.
2.13. Default. If you fail to pay any portion of the total fees payable hereunder, you otherwise materially breach these Terms, then such failure or breach shall constitute a default (“Default”). Upon the occurrence of any such Default, and in addition to all other rights and remedies available at law or in equity, we shall have the right, at our option, to terminate these Terms and repossess the Equipment without prior notice to us. You agree that the continuation of our performance hereunder after a Default shall not constitute a waiver or operate as any form of estoppel with respect to our later assertion of its right to cease such performance at any time so long as such Default has not been cured.
2.14. Insurance. You agree to keep the Equipment insured against all risks of loss or damage by fire and such other risks commonly insured against for not less than the full replacement value of the Equipment, naming Love Studios NYC as an additional insured. All insurance shall name both Love Studios NYC and you as the insured and waive the right of subrogation against Love Studios NYC. Insurance certificates confirming this coverage shall be delivered to Love Studios NYC prior to the commencement of the rental term. You may affect such coverage under its blanket policies. If you fail to procure or maintain this insurance, Love Studios NYC shall have the right, but not the obligation, to procure such insurance, and the cost thereof shall be repayable to Love Studios NYC together with the rental costs.
2.15. Term and Termination. These Terms shall commence and continue for the term set forth in the Rental Invoice. These Terms is not terminable by you and will otherwise terminate only as set out in these Terms. If you fail to return the Equipment in accordance with the terms hereof after the termination of these Terms, we have the option, without notice to you, to extend the term of these Terms on a daily basis through the end of the calendar month during which the Equipment is returned to us.
2.16. Liabilities. All warranties, representations, terms, conditions, and duties implied by law relating to fitness, quality, and/or adequacy are excluded to the fullest extent permitted by law. Any defective Equipment must be returned to us for inspection if requested by us before We will have no liability for defective Equipment. We shall have no liability to you if, without just cause, any Rental Charges have not been paid in full by the due date for payment. We shall have no liability for additional damage, loss, liability, claims, costs, or expenses caused or contributed to by your continued use of defective Equipment after a defect has become apparent or suspected or should reasonably have become apparent. You shall give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs and/or expenses in remedying the matter itself. If you do not do so we shall have no liability to you. We shall have no liability to you to the extent that you are covered by any policy of insurance arranged as a result of the contract, and you shall ensure that your insurers waive any and all rights of subrogation they may have against us. We shall have no liability to you for any: i) consequential losses (including loss of profits and/or damage to goodwill); ii) economic and/or other similar losses; iii) special damages and indirect losses; iv) business interruption, loss of business, contracts, and/or opportunity; h) our total liability to you under and/or arising in relation to any hire shall not exceed the amount of the Rental Charges. To the extent that any liability would be met by any insurance, then our liability shall be extended to the extent that such liability is met by such insurance; i) Each of the limitations and/or exclusions in these terms and conditions shall be deemed to be repeated and apply as a separate provision for each of .i) Liability for breach of contract ii) Liability in tort/delict (including negligence) iii) Liability for breach of statutory and/or common law duty, except clause h) above, which shall apply once only in respect of all the said types of liability. j) Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury due to our negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.
2.17. Force Majeure. We will not be liable for any failure in the performance of any of our obligations under the contract caused by factors outside our control.
Additional Equipment. Additional Equipment may from time to time be added as the subject matter of this entire agreement as agreed on by both parties. Any additional property will be added in an amendment and/or a Rental Invoice describing the property, the rental rate, and the security deposit. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, these Terms may not be amended, modified, or altered in any manner except in writing signed by both parties.

3.  DISCLAIMER
All of our equipment is by RESERVATION ONLY, we RENT TIME NOT USAGE, and when confirmed, your equipment and delivery date, and setup services (if applicable) are placed on hold to ensure that your order is filled accordingly. This makes any equipment you reserve unavailable to other clients. Therefor, we are forced to charge a 5% Cancellation Fee to compensate for the time the equipment is not available.
We have the right to cancel the services should we deem that you have not fully adhered to these Terms. Under these circumstances, you will be liable to pay a cancellation fee of 50% of the final amount less any payments received. Payments remain nonrefundable under all circumstances.

4.  CANCELLATIONS FOR SPACE BOOKINGS & EQUIPMENT RENTALS
 4.1. Should you cancel, we must be notified in writing (email is acceptable) and charges will apply.
charges are as follows;
4.1.1. Cancel booking until 30 days before the event start time =  full refund less booking fees and 5%
processing fees of their original booking price.           
4.1.2. Cancel booking between 30 days and 7 days before the event start time =  50% refund less
booking fees and 5% processing fees of their original booking price.  
4.1.3. Cancellations less than 7 days before the Event start time are not refundable.

5. RESCHEDULING
5.1. You can reschedule your booking for free if there are more than 7 full calendar days left before your event.
5.2. The maximum number of times you can reschedule a booking is twice.
5.3. If your booking is between 7 days and 72 hrs before the event start time or less, you may reschedule your booking, provided you pay us a Late Rescheduling Fee of 50% of the total cost.
5.4. 72 hours before the event start time or less, you cannot reschedule your booking.
5.5. Any booking that has been rescheduled cannot receive any refunds.

6. BINDING ARBITRATION
6.1. If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
6.2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in NYC and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Website www.adr.org.
6.3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
6.4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
6.5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.

7. CLASS ACTION WAIVER
The parties agree that (i) no arbitration proceeding hereunder, whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers, or potential customers, or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.

8. WAIVER OF JURY TRIAL
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.

9. ELECTRONIC SIGNATURES
9.1. Each party agrees that these Terms may be electronically signed and that any electronic signatures appearing on these Terms are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. For the purpose of clarity, the following shall qualify as electronic signature: a) Checking a box or a ‘click to accept’ button; or b) Typing a name; or c) Pasting an image of a signature; or d) Drawing a name or initial with a stylus or by hand on a touchpad; and e) Electronically signing using an available third-party software application.
9.2. These Terms has been duly executed in digital format using electronic signatures on the date as set forth above, of which the Parties have taken one copy each.

10. OTHER IMPORTANT TERMS
10.1.  We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
10.2.  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

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