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TERMS AND CONDITIONS OF

POST DESIGN COLLECTIVE INC.

 

Last revision: November 20th, 2023

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS RENTAL STUDIO.
 

The following Terms and Conditions govern and apply to your use of or reliance upon this rental space, Post Creative Studio (the “Studio”) maintained by Post Design Collective Inc. (the “Company”).

Your access or use of the Studio indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your use of the Space will be considered your acceptance to the revised Terms and Conditions.

1. INTELLECTUAL PROPERTY

All intellectual property in the Studio is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Studio and affiliate website, including but not limited to, furniture, text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

2. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Studio including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.

3. STUDIO EXPECTATIONS AND AGREEMENTS (IE: ACCEPTABLE USE)

You agree not to use the Studio or affiliate website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Studio or website in any way that could damage the Studio, the services or the general business of Post Design Collective Inc.

You further agree:

a) To treat all property within the Studio, including props, plants, furniture, wares, and all other items as to not inflict damage or harm;

b) To treat all property outside of the Studio, but on the Studio property, including walkways, plants, fences, walls, signage, windows, and all other items as to not inflict damage or harm;

c) To access the Studio and it’s property during pre-selected and agreed upon time window(s), unless arrangements have been made and confirmed with the Studio and Company;

d) To limit the use of the Studio to the Studio itself, and to not use the property of which it is a part of for photography, videography, loitering, or content of any kind;

e) To return and replace any furniture or props to their original spot before leaving the Studio. In this case, furniture must be lifted and moved, not dragged. Neglecting to do so will result in additional fees, subject to the Studio and Company;

f) To assume the replacement and/or cleaning cost of replacing/cleaning damaged, stained and misplaced items in the Studio;

g) To the cancellation of the booking for any reason at any time, including that which is in violation of the rental terms and agreement;

h) To adhere to all other rules, guidelines and regulations set out and communicated to you by the Company and the Studio throughout your time in the Studio;

i) That you understand and agree to all documents given to you for this Studio rental.

You further agree not to use and/or access the Studio:

a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

b) To violate any intellectual property rights of us or any third party;

c) To produce content that may damage or harm the property of another;

d) To perpetrate any fraud;

e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

f) To publish or distribute any obscene or defamatory material;

g) To engage in, practice or film pornographic content;

g) To publish or distribute any material that incites violence, hate or discrimination towards any group;

h) To unlawfully gather information about others;

i) To disrupt others within the building and property.

4. ACKNOWLEDGMENT OF RECORDING DEVICES

User of the Studio acknowledges that security cameras are installed in the Studio to ensure the security of the premises from theft, unauthorized access, or damage to the property. All security cameras are strategically positioned so as to not interfere with the peaceful possession of our guests or their privacy, and are located;

a) Inside, Indoor Camera facing entry door to the Studio Unit;

b) Inside, Indoor Camera facing off-limits storage room.

c) any other recording devices not owned, maintained or operated by the Studio, but on the property of which the studio is a part of.

5. PAYMENT

All shoots have to be paid in full at the time of booking. A refundable security deposit of $500.00 CAD will be held on the payment instrument of the booking for the duration of the booking. An additional 1 time maintenance / cleaning fee is included with each booking, regardless of duration of booking. 
 

When you make a purchase, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, all of which you are responsible for.
 

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. If overtime/late charges/damage occurs, you acknowledge your Payment instrument will be charged for these fees. Photo evidence is always provided.
 

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price of the booking. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
 

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.
 

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
 

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
 

Post Design Collective
184 Munro Street, Unit 5
Toronto, Ontario, Canada
M4M2B9

postdesigncollective.com
 

6. CANCELLATION POLICY

Please view our Studio Policies for our updated information on cancelations and refunds. There are no exceptions within these terms.
 

If your team/shoot has to cancel because of Covid-19 but the studio is allowed to legally operate, no special treatment/exceptions will be applied. The rebooking/cancellation rules as stated above apply the same in this case.

7. PROTECTION OF PRIVACY

Through your use of the Studio, you may provide us with certain information. By using the Studio, you authorize us to use your information in Canada and any other country where we may operate.
 
For more information, please refer to our Privacy Policy.

8. INDEMNIFICATION

You defend and indemnify Post Design Collective Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Studio, Website, or any affiliated parties, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.

9. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.

 
10. NO WARRANTIES

Your use of the Studio is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Studio will meet your needs or that the Studio will be uninterrupted, error-free, or secure. Any damage that may occur to you, or any of your possessions from your use of the Studio is your sole responsibility and we are not liable for any such damage or loss.

11. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Studio, to the fullest extent permitted by law. The maximum liability of Post Design Collective arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Post Design Co. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.