Membership Agreement for The LOFT Collective Terms, Conditions & Contract Terms
Introduction:
The "Company" or "Sublessor" is CREATIVE Maker's Market & Studio LLC, doing business as (DBA) The Loft. The "Premises" are located at 3246b W Main St, Claremont, NC 28610, and include The Loft studio space and any adjacent property designated for renter use. The "Renter" or "Subtenant" is the person or entity renting the premises or equipment.
Important Notice: CREATIVE Maker's Market & Studio LLC leases the building in which The Loft is located. This rental agreement constitutes a sublease arrangement. The Company maintains all responsibility for building-related matters unless damage is caused by the Renter or Renter's party.
Indemnification
The Sublessor shall be held harmless for any and all injury to Subtenant and Subtenant's business and equipment. Subtenant agrees to indemnify and hold harmless the Sublessor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the Subtenant's use of the premises.
Force Majeure
Except as otherwise expressly set forth herein, in the event either Sublessor or Subtenant shall be delayed or hindered in, or prevented from, the performance of any act or rendering of any service required under this Agreement by reason of strikes, inability to obtain materials, failure of power, restrictive governmental laws or regulations, acts of God, incidents of terrorism, wars or riots, civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, or other reasons of a similar or dissimilar nature which are beyond the reasonable control of the Sublessor or Subtenant (collectively known as "Event"), then the performance of any such act or rendering of any such service shall be excused for the period of the resulting delay and the period of the performance or the rendering of the service shall be extended for a period equivalent to the period of such delay.
Notwithstanding the foregoing, this paragraph shall not be applied so as to excuse or delay payment of any monies by one party to the other, including rent. Nothing contained in this section shall be applied so as to: (a) permit any delay or time extension due to shortage of funds; or (b) excuse any nonpayment or delay in the payment of rent; or (c) limit either the Sublessor's or the Subtenant's rights under this Agreement to cure the other party's default.
Attorney Fees
If either party to this Agreement brings a legal action against the other party to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
To establish reasonable attorney's fees, the Sublessor may present a signed affidavit from Sublessor's counsel as to the fees claimed and the services rendered and anticipated to be rendered to collect the unpaid claim of Sublessor. All objections to this method of proof are hereby expressly waived by Subtenant. The parties agree that future attorney's fees may be claimed hereunder.
Current Pricing
$250 per month for a minimum of 3 months and then moves to a month to month basis
This includes 4 hours of shoot time in the photostudio, first access to the monthly calendar, complimentary wifi & water, and features on The LOFT website & social media.
Overtime Charge: $25 per 15-minute block (or any portion thereof) This is non-negotiable
Renters will be charged for any time used beyond their booked rental period in 15-minute increments.
Equipment
Included in Rental:
Standard Paper Backdrops (White, Black, and select additional colors based on availability) are included in the studio rental fee.
Please confirm color availability in advance if you need something specific.
Future Equipment Rentals:
Additional equipment and rental options will be added as they become available. Pricing and availability will be communicated at the time of booking.
Important: Any equipment added in the future that is used during the rental period without prior permission will be subject to additional charges.
Fees for additional equipment rentals, overtime usage, damages, excessive cleaning, or other incurred charges may be charged to the payment method on file following the rental period. By booking, Renter authorizes The LOFT at Creative to process these additional charges if applicable.
Payments
Membership fees for The LOFT Collective are billed at a rate of $250 per month and are due on a recurring monthly basis beginning on the date of enrollment. By enrolling, Member authorizes The LOFT at Creative to charge the payment method on file each billing cycle. All payments are non-refundable and non-transferable. Failure to maintain a valid payment method or missed payments may result in suspension or termination of membership access until the account is brought current. The LOFT at Creative reserves the right to update pricing with prior notice to members; any changes will take effect in a future billing cycle.
Conditions
Membership Term & Cancellation
By enrolling in The LOFT Collective, Member agrees to an initial minimum commitment of three (3) consecutive months (“Initial Term”). After the Initial Term, the membership will automatically continue on a month-to-month basis unless canceled. Member may cancel their membership at any time following the Initial Term by providing at least thirty (30) days’ written notice. Membership fees will continue to be billed during the 30-day notice period, and Member will retain access to membership benefits through the end of that period. No refunds or prorated credits will be issued for partial months or unused time.
If CREATIVE Maker's Market & Studio LLC must cancel the Renter's reservation, the Renter will be given, in the Company's sole discretion, either rescheduling priority or a full refund. CREATIVE Maker's Market & Studio LLC is not liable for acts out of its control that affect the shoot, such as building equipment failures, power outages, weather, or other emergencies.
Access and Parking
Building Access: Renters will be provided access to The Loft through a secure door app system. Instructions for access will be provided prior to your rental time. Renters are responsible for ensuring the door is properly secured when leaving.
Parking: Street parking and local public parking areas are available. The Company does not provide reserved parking. Renters are responsible for complying with all parking regulations and any associated parking fees.
Length of Use
Rental periods are pre-arranged at the time of booking. The Renter's rental time begins promptly at the prescribed starting time and ends promptly at the prescribed ending time.
Important: Rental time includes setup and teardown, so please consider that while booking. The studio must be cleaned and vacated by the end of the rental period.
No prior drop-off and/or pick-up after completion of the shoot of equipment, props, etc., unless negotiated at the time of rental contract.
Renters will be charged $25 per 15-minute block (or any portion thereof) for any time used beyond their booked rental period. Additional fees may apply for extended use.
Cleaning and Trash
The Renter agrees to leave the premises and all contents in the same condition as when the Renter arrived. This includes:
Sweeping or vacuuming any debris
Wiping down any surfaces used
Properly bagging all trash and placing it in the supplied trash cans
Removing all personal items, props, and set pieces
Returning all studio equipment to its original location
The Loft will dispose of trash collected in the supplied trash cans. The Renter must take larger items, such as props and set pieces, with them. Disposal of large amounts of garbage due to large sets may accrue an additional cost.
Cleaning Fee: A cleaning fee of $100-$175 will be charged for failure to leave the studio in acceptable condition, depending on the time required to restore the space. This fee will be deducted from the security deposit. Examples of conditions that will result in a cleaning fee include but are not limited to:
Excessive mess or debris left throughout the studio
Spills or stains not cleaned up
Trash not properly bagged or overflowing
Equipment not returned to proper storage areas
Failure to follow the cleaning expectations outlined above
Studio Guidelines
No smoking or vaping whatsoever is allowed in the studio.
Projects involving smoke must receive studio representative consent in advance.
Noise levels must be kept reasonable at all times. Music, voices, and activity should be kept to respectful levels. There are businesses located below and adjacent to The Loft. Excessive noise, loud voices, children screaming, running, or stomping will not be tolerated. Failure to respect our neighbors will result in immediate termination of the rental, and no refund will be issued.
No one will be admitted who is under the influence of alcohol or illegal substances.
No pets are allowed without the prior consent of a Company representative.
All small and/or hard-to-clean materials (confetti, glitter, haircutting, feathers, food products, body paint, leaves, etc.) require approval from a Company representative. A cleaning fee will apply.
Waiver of Liability
Use of The Loft premises and equipment is at the Renter's risk. Renter hereby agrees that Company will not be held liable for any direct, indirect, incidental, or consequential damage, injury, or loss to the Renter, his/her/their party, or possessions while on the premises.
All persons and activity on The Loft premises may be video recorded for security purposes.
Conduct
We at The Loft maintain a clean and professional environment. Renter shall be solely responsible for the conduct and welfare of all persons accompanying Renter while on The Loft premises.
The Renter agrees that a Company representative may be present at times during the rental. If the representative becomes aware of dangerous, pornographic, illegal, or negligent practices or
activities, the representative reserves the right to stop the shoot and may require the Renter and Renter's party to leave immediately. In such a case, no refund will be given for unused time.
Insurance
Businesses, corporations, production companies, and other legal entities may be required, prior to rental, to present a certificate of general liability insurance.
The Subtenant agrees to provide and pay for a Liability Insurance Policy secured from a responsible insurance company acceptable to the Sublessor, in which the limits shall be not less than $1,000,000 per occurrence and annual aggregate. The policy shall provide protection for both the Subtenant and the Sublessor, and shall include protection for the Sublessor from all liability of every kind and nature arising out of the use and occupancy of the Subleased Premises, including the building and sidewalks.
Sublessor must be furnished a copy of said policy or suitable evidence of insurance, and the Sublessor is to be held blameless, save and except loss and/or injury caused solely by the negligent acts or omissions of the Sublessor, its servants, agents, or representatives.
Failure to provide such insurance policy within 30 days after commencement of the rental term shall be considered an event of default giving Sublessor the right to terminate the Sublease pursuant to the terms of this Sublease Agreement.
Equipment
The Loft agrees to provide equipment in good working order but makes no special guarantees for its suitability for the Renter's purposes. The Renter shall notify The Loft immediately of any malfunction, damage, or other issues with the equipment.
Damage
Renter shall be solely responsible for any damage to The Loft property, equipment, or building that occurs during the time Renter or their party occupies the premises. The Renter agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition. The Renter agrees to pay for damage to the Premises including broken props, spills, excessive wear, marks, or stains on furniture, walls, floors, or fixtures.
Building Damage: While The Loft handles routine building maintenance and issues, any damage to the building structure, fixtures, or systems caused by the Renter or Renter's party shall be the sole responsibility of the Renter. This includes but is not limited to damage to walls, floors, doors, lighting fixtures, electrical systems, plumbing, heating/cooling systems, and windows.
Arbitration
If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claim to binding arbitration subject to the commercial arbitration rules of the American Arbitration Association. This arbitration will take place in North Carolina.
The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the American Arbitration Association.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for less than $3,000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Miscellaneous
Renter shall comply in all respects with all federal, state, county, city, or other local laws, regulations, ordinances, and all rules and regulations of any governmental authority in connection with this Agreement.
This Agreement incorporates the entire understanding and agreement between the Company and Renter. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
The words "Sublessor" and "Subtenant" as used herein include the plural as well as the singular. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
The laws of the State of North Carolina shall govern this Agreement.
Agreement and Acknowledgment
By completing the online booking form and submitting payment, you are electronically signing and agreeing to this rental agreement. Your submission of the booking form, including your name, contact information, rental dates/times, and payment constitutes your legal acceptance of all terms and conditions outlined in this agreement and serves as your binding electronic signature.
Both parties acknowledge that they have read, understood, and agree to all terms and conditions outlined in this rental agreement. Each party acknowledges receipt of a copy of this agreement.
CREATIVE Maker's Market & Studio LLC (DBA The Loft) agrees to provide the premises as described herein.

