Terms of Service for Blue Barn Creative and Blue Barn Creative Studio
Last Updated: October 19, 2024
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1. Introduction
These Terms of Service (“Terms”) govern your use of the websites, services, and facilities (collectively, the “Services”) provided by Blue Barn Creative, LLC (“we,” “us,” or “our”), including both Blue Barn Creative and Blue Barn Creative Studio. By accessing or using our Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Services.
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2. Definitions
– “Blue Barn Creative, LLC”: The parent company of both Blue Barn Creative and Blue Barn Creative Studio, located at 2635 Reynard Way, San Diego, CA 92103.
– “Studio”: Our physical studio space located at 2655 Reynard Way, San Diego, CA 92103.
– “Equipment”: Any photography, videography, audio, or other equipment provided as part of our Services.
– “Booking”: The reservation of the Studio, Equipment, or any of our Services for a specified time period.
– “Production Services”: Professional videography, photography, editing, post-production, and related services offered by Blue Barn Creative.
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3. Services
3.1 Studio Rental
a. Booking and Cancellation
– Bookings are subject to availability and confirmation by us.
– A minimum booking of 1 hour is required.
– A 14% discount is applied to bookings of 8 or more hours.
– Cancellation Policy:
– Cancellations made 7 or more days before the event start time: Full refund (including all fees).
– Cancellations made between 7 days and 24 hours before the event start time: 50% refund (excluding fees).
– Cancellations made less than 24 hours before the event start time are non-refundable.
– We reserve the right to cancel or reschedule bookings due to unforeseen circumstances, maintenance, or safety concerns. In such cases, clients will be offered a full refund or the option to reschedule.
b. Studio Use
– The Studio must be used only for the purpose stated at the time of booking.
– Maximum occupancy is 8 people. Exceeding this limit may result in additional charges or termination of the booking.
– Clients must adhere to all Studio rules, including:
– No smoking in the building or within 20 feet of any entrance.
– No alcohol consumption on premises.
– No illegal substances or activities.
– Outside catering is permitted with prior written approval.
– Noise levels must be kept reasonable to respect neighbors.
– Minors must be supervised at all times.
– Furniture and decorations may be moved but must be returned to their original positions. Clients are responsible for any damage resulting from moving items.
– Clients must remove all personal items, props, and trash at the end of their session.
– The Studio must be left in the same condition as it was found. A cleaning fee may be charged if excessive cleanup is required.
c. Equipment Use
– Equipment must be used properly and for its intended purpose.
– Clients are liable for any damage to equipment due to misuse, negligence, or theft.
– All Blue Barn property must remain inside the building unless prior written agreement is provided.
– Clients must report any equipment malfunctions or damage immediately.
– We are not responsible for any loss or damage to the client’s personal equipment.
d. Studio Features and Services
– 200 sq ft space with 11-foot ceilings.
– Backdrops: White, black, and green screens.
– Light-shaping tools: V-flats, Scrim Jim 4×4 with fabrics, reflectors, and diffusers.
– High-speed WiFi and music streaming.
– On-site technical assistance from our tech advisor.
– Ground floor access with direct street-level entry for easy load-in.
– Adjustable partitions for makeup and wardrobe prep.
– Back room that doubles as an office and storage.
– We reserve the right to modify, add, or remove features and services at any time.
3.2 Videography and Production Services
a. Service Offerings
– Blue Barn Creative offers professional videography production services, including:
– Concept development and scripting.
– Video shooting and direction.
– Editing and post-production.
– Motion graphics and animation.
– Sound design and audio mixing.
– Photography services.
b. Project Proposals and Agreements
– Clients interested in production services must contact us directly at [email protected] or (619) 770-1896.
– A detailed project proposal, including scope of work, timeline, and pricing, will be provided.
– A separate agreement may be required, outlining specific terms and conditions related to the project.
c. Payment Terms
– A deposit may be required upon acceptance of the project proposal.
– Payment schedules will be outlined in the project agreement.
– Final deliverables will be released upon receipt of full payment.
d. Client Responsibilities
– Provide timely feedback and approvals to keep the project on schedule.
– Supply any necessary assets, such as logos, brand guidelines, or content, as agreed upon.
– Obtain all necessary permissions and releases for any third-party content provided.
e. Ownership and Intellectual Property
– Upon full payment, clients will own the final produced content as outlined in the project agreement.
– We reserve the right to use the produced content for our promotional purposes unless explicitly denied in writing.
– Any raw footage or project files remain the property of Blue Barn Creative unless otherwise agreed.
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4. Payment and Fees
– Payment terms for Studio rentals are specified in Section 3.1.
– Payment terms for Production Services are specified in Section 3.2.
– We accept payment methods as specified in our invoices or booking platform.
– All fees are non-refundable unless otherwise stated in these Terms or the applicable cancellation policy.
– Additional fees may be charged for:
– Overtime usage beyond the booked time.
– Damage to the Studio, Equipment, or property.
– Excessive cleaning required after use.
– Violation of Studio rules.
– We reserve the right to change our fees and payment policies at any time.
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5. Add-Ons and Additional Services
– Additional equipment and services are available for rent or inclusion in production projects, including:
– Advanced camera systems.
– Specialized lighting equipment.
– Premium audio gear.
– Teleprompters and monitors.
– Prices for add-ons are as listed on our booking platform or provided in project proposals and are subject to change.
– Technical assistance is included to help maximize the use of included gear and space.
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6. Intellectual Property Rights
– Clients retain all rights to content created during their Studio session or through Production Services, subject to full payment and any agreements in place.
– By using our Services, clients grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display images or footage from their session or project for promotional purposes, unless explicitly denied in writing.
– Clients are responsible for obtaining all necessary permissions and licenses for any copyrighted material used.
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7. Confidentiality
– Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the Services.
– Confidential information shall not include information that is publicly available or already in the possession of the receiving party.
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8. Liability and Indemnification
– Clients use the Studio, Equipment, and Services at their own risk.
– We are not liable for any injury, loss, or damage arising from the use of our Services, except in cases of gross negligence or willful misconduct.
– Clients agree to indemnify and hold harmless Blue Barn Creative, LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from their use of our Services or violation of these Terms.
– Our total liability for any claim arising from these Terms or use of our Services shall not exceed the total amount paid by the client for the booking or project in question.
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9. Insurance
– Production insurance is not required but is strongly recommended.
– Clients are encouraged to maintain their own insurance coverage for equipment, activities, and potential liabilities.
– Our insurance does not cover the client’s personal property or activities.
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10. Location and Parking
– The Studio is located at 2655 Reynard Way, San Diego, CA 92103.
– Free street parking is available nearby.
– Loading and unloading zones are accessible next to the Studio entrance.
– We are not responsible for any parking violations, towing, or damage to vehicles.
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11. Studio Environment
– The Studio features natural light options and blackout curtains.
– Soundproofing is partial; clients are responsible for managing audio requirements.
– Smoke machines and similar equipment require prior written approval.
– Nudity is allowed for artistic purposes and must be disclosed at the time of booking.
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12. Privacy and Security
– A security camera monitors the entrance for safety purposes.
– No recording devices are present in private areas like bathrooms or dressing rooms.
– Tampering with security devices is prohibited.
– Personal data is handled in accordance with our Privacy Policy.
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13. Health and Safety
– Clients must comply with all health and safety protocols communicated by us.
– We reserve the right to refuse service to anyone failing to comply.
– Clients are responsible for the safety of all individuals they bring into the Studio.
– In emergencies, clients must follow instructions from our staff.
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14. Changes to Services and Terms
– We reserve the right to modify, suspend, or discontinue any part of the Services without notice.
– We may update these Terms from time to time. The current version will always be posted on our website.
– Continued use of our Services after changes constitutes acceptance of the new Terms.
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15. Termination
– We may terminate or suspend access to our Services immediately for any reason, including breach of these Terms.
– Upon termination, provisions that should survive will remain in effect, including ownership, indemnity, and limitations of liability.
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16. Dispute Resolution
– Any dispute shall first be subject to good faith negotiation.
– If unresolved, disputes will be settled by binding arbitration in San Diego, California, per the rules of the American Arbitration Association.
– The arbitrator’s decision will be final and enforceable in any court of competent jurisdiction.
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17. Governing Law and Jurisdiction
– These Terms are governed by the laws of the State of California, without regard to conflict of law provisions.
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18. Severability
– If any provision is found unenforceable, it will be limited or eliminated to the minimum extent necessary, so the Terms remain in full effect.
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19. Force Majeure
– We are not liable for delays or failures due to causes beyond our control, including natural disasters, war, or other unforeseen events.
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20. Assignment
– Clients may not assign these Terms without our prior written consent.
– We may assign these Terms without restriction.
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21. Entire Agreement
– These Terms constitute the entire agreement and supersede all prior agreements.
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22. Your Responsibilities
– Clients are responsible for any damage caused during their booking or project.
– Activities must comply with all applicable laws and regulations.
– Necessary permits and licenses must be obtained by the client.
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23. Third-Party Services
– Our Services may include links to third-party websites or services.
– We are not responsible for the content or practices of these third parties.
– Use of third-party services is at the client’s own risk.
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24. Waiver
– Failure to enforce any right or provision does not constitute a waiver of future enforcement of that right or provision.
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25. Notices
– Notices must be in writing and delivered personally, by mail, or by recognized courier service to the addresses provided.
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26. Contact Information
For Studio Rentals and General Inquiries:
Blue Barn Creative and Blue Barn Creative Studio
Attn: Data Protection Officer
2655 Reynard Way
San Diego, CA 92103
Email: [email protected]
Phone: (619) 821-2116
For Videography and Production Services:
Blue Barn Creative, LLC
2635 Reynard Way
San Diego, CA 92103
Email: [email protected]
Phone: (619) 770-1896
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Acknowledgment
By using our Services, you acknowledge that you have read these Terms of Service and agree to be bound by them.
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Effective Date
These Terms of Service are effective as of October 19, 2024.
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Thank you for choosing Blue Barn Creative and Blue Barn Creative Studio. We look forward to working with you.