This Liability Waiver and Release ("Waiver") applies to your access to and use of the physical studio premises, facilities, and equipment operated by CENTRA Studios at 580 8th Avenue, 20th & 21st Floors, New York, NY 10018 (the "Studio"). By entering the Studio or using its equipment, you ("Participant") agree to this Waiver on your own behalf and on behalf of any guests, crew, models, or invitees you bring.
0. Nature of Your Engagement [COUNSEL-REVIEW: NY GOL §5-326 — the load-bearing section]
This Waiver covers two distinct kinds of engagement, and its release operates differently for each:
- (a) Commercial hire. Where Participant pays to rent the Studio, its rooms, or its equipment for Participant's own production work, the fee is paid for the rental and commercial use of space and equipment — not for admission to a place of amusement or recreation. The release in Section 2 applies to commercial hire to the fullest extent permitted by law.
- (b) Instructional programs. Where Participant attends a workshop, class, or training program, the fee is paid for instruction and education in photographic and production craft. Workshops at the Studio are structured teaching programs with an instructor and a curriculum, not recreational admission. The release in Section 2 applies to instructional programs to the extent permitted by law for fees paid for instructional purposes.
New York General Obligations Law §5-326 renders releases void where a fee is paid for admission to a place of amusement or recreation. Nothing in this Waiver seeks to release liability that cannot lawfully be released; where the law of the Studio's jurisdiction voids a release for a particular engagement, Sections 1 (assumption of risk), 4–7, and 8 continue to apply independently.
1. Assumption of Risk
Participant understands that use of a photography and video production studio involves inherent risks, including but not limited to:
- Trip, slip, and fall hazards from cabling, staging, and flooring
- Burns or injury from hot lighting equipment and electrical apparatus
- Falling equipment, backdrops, rigging, or set pieces
- Injury from the operation of tools, props, or machinery
- Physical exertion associated with production activity
Participant voluntarily and knowingly assumes all such risks, whether foreseen or unforeseen, arising from presence in or use of the Studio.
2. Release of Claims
To the fullest extent permitted by law, and subject to Section 0, Participant releases and discharges CENTRA Studios, its owners, officers, employees, contractors, and agents from any and all claims, demands, damages, liabilities, and causes of action arising from personal injury, property damage, or loss connected to Participant's use of the Studio — except those caused solely by the gross negligence or willful misconduct of CENTRA Studios. If and to the extent a release of ordinary negligence is unenforceable for Participant's kind of engagement under applicable law, this section operates as a release of all claims arising from the inherent risks of production activity described in Section 1.
3. Medical Acknowledgment
Participant confirms they are physically fit to participate in production activity and have no condition that would be aggravated by such activity. In the event of an emergency, Participant authorizes CENTRA Studios to summon medical assistance; Participant is responsible for the cost of any medical care rendered. CENTRA Studios is not responsible for providing medical treatment or supervision.
4. Equipment Use
- Participant will use Studio equipment only as intended and in accordance with any posted or provided instructions.
- Participant will not modify, disassemble, or tamper with equipment.
- Participant assumes financial responsibility for damage to or loss of CENTRA Studios property or equipment during their session, ordinary wear and tear excepted.
- Participant will report any damage, malfunction, or safety concern to CENTRA Studios immediately.
5. Safety Rules
Participant agrees to follow all posted safety guidelines and the reasonable instructions of CENTRA Studios staff, including occupancy limits, restrictions on open flame, smoke, hazardous materials, and prohibited activities. CENTRA Studios may suspend or end a session where safety rules are violated.
6. Responsibility for Guests and Crew
Participant is responsible for ensuring that every guest, crew member, model, and invitee they bring to the Studio is aware of and abides by this Waiver. Participant assumes full liability for the conduct of, and any injury to, such persons.
7. Indemnification
Participant agrees to indemnify, defend, and hold harmless CENTRA Studios from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from Participant's use of the Studio, the acts or omissions of Participant or their guests, or Participant's breach of this Waiver.
8. Insurance
CENTRA Studios does not provide insurance covering Participant's activities, personnel, or property. Participant is encouraged to maintain appropriate general liability and equipment coverage. Certain productions may be required to provide proof of insurance before access is granted.
9. Governing Law and Savings [COUNSEL-REVIEW]
This Waiver is governed by the laws of the jurisdiction in which the Studio is located. Any provision unenforceable in that jurisdiction is limited to the minimum extent necessary and severed only there; the remaining provisions remain in full force. Where the Studio is located in New York, the parties intend the classifications in Section 0 to reflect the rental and instructional exceptions recognized under GOL §5-326 case law.
10. Acknowledgment
By entering the Studio at 580 8th Avenue, 20th & 21st Floors, New York, NY 10018, Participant acknowledges that they have read and understood this Waiver, are signing it freely, and intend it to be a complete release of liability to the extent permitted by law.
Participant Signature: ********___****** Name: [Your Name] Date:** [not specified]