Terms and Conditions
Last revised April 13, 2022
Acceptance of Terms and Conditions
Welcome to The Good Vibe Studios LLC’s online reservation system. These Terms and Conditions are entered into by and between you and The Good Vibe Studios LLC ("The Good Vibe Studios," "we," or "us") located at 4602 E. Thomas Road Suite 140, Phoenix, AZ, 85018 (the “Studios”).
The Good Vibe Studios’ fees (“Fee Schedule”) and hours of operation are listed on our website.
Reservation
The Good Vibe Studios rents and makes available portion(s) of the Studios for videography, photography, and podcasting which are staged as described on our website (the “Space”). The Good Vibe Studios also rents and makes available videography, photography, and podcasting equipment, separate from the staging of the Spaces (the “Equipment”). Your reservation of the Space and the Equipment is subject to availability and will be become effective at the time you make your reservation (collectively, “Reservation”).
You may modify your Reservation either online or in person, subject to the cancelation policy and availability.
If you fail to clear the Studios or return the Equipment before the end time of your Reservation, The Good Vibe Studios, in its sole discretion, may require you to surrender your use immediately.
Otherwise, The Good Vibe Studios will automatically process payment on your credit card for your continued use of the Space and/or Equipment in 15-minute increments as specified on the Fee Schedule.
Reservation Fees
The Good Vibe Studios’ fees for the Reservation will be posted online at the time of your Reservation (“Fees”).
Services
Behind-the-Scenes Footage
If you granted consent when you made your Reservation, the Good Vibe Studios may capture behind-the-scenes footage for marketing purposes, which you may share on social media by tagging (@TheGoodVibeStudios).
Cancellation and Rescheduling Policy
You must reschedule or cancel your Reservation on our online reservation system.
To receive a full refund of your Fees you must cancel at least 48 hours in advance of your Reservation. If you reschedule at least 48 hours in advance of your Reservation, then your Fees will be applied to the new Reservation.
If you cancel less than 48 hours in advance of your Reservation, The Good Vibe Studios will issue a 50% refund of your Fees. However, 100% of your Fees will be NON-REFUNDABLE in the event of any cancelation, no-show, or request to reschedule on the day of your Reservation.
If you reschedule less than 48 hours in advance of your Reservation, then a 20% rescheduling fee will be applied to the new Reservation.
If The Good Vibe Studios must cancel your all or part of your Reservation for any reason, The Good Vibe Studios will notify you as soon as possible and refund any Fees The Good Vibe Studios has received.
Rules and Safety Procedures
You assume responsibility for the actions and omissions of any individual or entity you invite to the Studios, including but not limited to employees, independent contractors, or guests (collectively, “Invitees”), as they are subject to these Terms and Conditions.
The Good Vibe Studios has Rules and Safety Procedures on our website. You are responsible for following all Rules and Safety Procedures and ensuring that Invitees follow all Rules and Safety Procedures. You and Invitees will abide by all applicable federal, state, and local laws regarding safety.
If at any time, in the sole discretion of The Good Vibe Studios, the use of the Studios by you or any Invitees violates the Rules and Safety Procedures, these Terms and Conditions, or is illegal, The Good Vibe Studios may require that you cease the objectionable use or surrender the Space and Equipment immediately, with NO REFUND.
Lost or Damaged Studio Space or Equipment
If you or Invitees damage the Space or Equipment, you are responsible for reimbursing The Good Vibe Studios for our actual cost to repair or replace the damage to the Space or Equipment plus any potential lost profits.
The Good Vibe Studios has sole discretion to decide whether to repair or replace damaged Space or Equipment. In addition, there is a $100 surcharge for damaged Space or Equipment.
If Space or Equipment is lost during the Reservation, you are responsible for reimbursing The Good Vibe Studios for our actual cost to replace the Space or Equipment, plus a $100 surcharge.
The Good Vibe Studios will automatically process payment on your credit card for any such fees.
Condition of the Studio Space or Equipment
At the end of your Reservation, you must return the Space and Equipment in their original condition. If the Space or Equipment is not returned in its original condition, The Good Vibe Studios may determine, in our sole discretion, that it requires cleaning. In such an event, The Good Vibe Studios may charge you an immediate cleaning fee of $500, plus any additional documented costs of cleaning.
The Good Vibe Studios will automatically process payment on your credit card for any such fees.
Storage of Personal Property
You must get written approval from The Good Vibe Studios to drop off any personal property at the Studios prior to your Reservation or leave any personal property at the Studios after your Reservation. The Good Vibe Studios charges a fee of $20 per day to store personal property.
If you leave any personal property at the Studios without written approval, The Good Vibe Studios has sole discretion to either store it (and charge a fee of $20 per day) or dispose of it. Any personal property left at the Studios for longer than 14 days will be disposed. The Good Vibe Studios may charge you any documented costs for disposal of personal property.
The Good Vibe Studios will automatically process payment on your credit card for any such fees.
The Good Vibe Studios is not responsible for lost or damaged personal property or for replacement of personal property.
Late Payments
In the event The Good Vibe Studios is unable to automatically process payment on your credit card for any additional payments that become due after the Reservation, as specified herein, you shall pay interest on all late payments, calculated daily and compounded monthly, at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law. You shall also reimburse The Good Vibe Studios for all reasonable costs incurred in collecting late payments, including but not limited to attorneys’ fees.
Indemnity
You (“Indemnifying Party”) agree to indemnify and defend The Good Vibe Studios and its owner, managers, employees, and agents (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys’ fees, that are awarded against Indemnified Party in a judgment, administrative proceeding, or any alternative dispute resolution (collectively, “Losses”), arising out of any third-party claim related to your Reservation and use of the Studios and Equipment.
Indemnifying Party is not obligated to indemnify or defend Indemnified Party against any claim (whether direct or indirect) if such claim or corresponding Losses arise out of or result from Indemnified Party’s gross negligence or more culpable act or omission.
Limitation of Liability
IN NO EVENT WILL THE GOOD VIBE STUDIOS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
THE GOOD VIBE STUDIOS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY PERCENT OF FEES THE GOOD VIBE STUDIOS HAS RECEIVED.
Force Majeure
No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any term of this Terms and Conditions, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake, tornado, hurricane, or explosion; (c) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; (d) government restrictions on large gatherings due to COVID-19 or any other pandemic; (e) national or regional emergency; or (f) power outage. The impacted party shall give written notice within 3 business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Events are minimized. When the Force Majeure Event resolves, the parties agree to negotiate in good faith to reschedule the studio space rental or equipment rental(s) within a 90-day period of the rental date. Any fees received by The Good Vibe Studios will be credited to the rescheduled rental date. If the studio space or equipment rental(s) cannot be rescheduled, The Good Vibe Studios will not refund any fees The Good Vibe Studios has received.
Event Insurance
The Good Vibe Studios suggests but does not require that you obtain event insurance.
Choice of Law
These Terms and Conditions shall be governed by the laws of the State of Arizona.
Dispute Resolution
In the event of a dispute arising out of or relating to these Terms and Conditions, including any question regarding its breach, existence, validity or termination, and including any non-contractual claims (whether in tort or otherwise) (“Dispute”), the parties shall endeavor to reach a resolution of the Dispute satisfactory to both parties. Either party may commence such process by requesting a meeting with the other party, which may take place in person, or remotely. Each party shall nominate representatives who shall meet to try to resolve the Dispute.
If such Dispute is not resolved within 90 calendar days of the meeting (or if, for any reason, such meeting does not take place within 30 days of either party requesting the meeting), then the Dispute shall be resolved by binding arbitration as provided below.
Any Dispute involving $50,000 or less shall be submitted to the Compulsory Arbitration program through the Superior Court of the State of Arizona.
Any Dispute involving between $50,001 and $300,000 shall be submitted to a Certified Arbitrator through the Superior Court of the State of Arizona.
Any Dispute involving $300,001 or more shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in the Superior Court of the State of Arizona.
The parties stipulate that the results of any arbitration shall be binding. The costs of arbitration will be shared equally by the parties, provided that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses, including attorneys’ fees.
Waiver
No waiver by any party of any of the provisions of these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms and Conditions, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms and Conditions shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be fully severable, and these Terms and Conditions shall be construed and enforced as if such provision had never comprised a part of these Terms and Conditions.
Entire Agreement
These Terms and Conditions represent all agreements between the parties with respect to the subject matter of these Terms and Conditions and supersede all prior agreements and understandings between the parties. Any modifications to these Terms and Conditions must be made in writing and signed by both parties.
Please note, if booking The Studio for audio purposes between 7am - 10am on Wednesday-Fridays, there may be some interference with building landscapers + trash pickup. The Good Vibe Studios does not have control over timing or scheduling of these events.