The Joyce New York Center for Creativity & Dance Terms and Conditions
Terms and Conditions
As of May 1, 2024
This Terms and Conditions document serves as an Agreement between The Joyce Theater Foundation, Inc., (the “Joyce”) and the Client (the "Renter”) for the rental of the studio(s) at the New York Center for Creativity and Dance (“NYCC&D”) located at 287 East 10th Street, New York, NY 10009 (the “Space’).
Upon confirming a Space rental, Renter agrees to abide by the following terms and conditions:
1. Studio Rules. Renter agrees to comply with the Joyce’s NYCC&D Rental Policies $ Guidelines. Studio Rules are subject to change.
2. Code of Conduct. The Joyce is committed to maintaining a professional and congenial workplace which provides employees with equality, respect, and dignity in a safe and supportive environment, and strongly disapproves of and will not tolerate any form of sexual harassment, harassment, intimidation, bullying or discrimination. As such, and without limiting the foregoing, Renter agrees that he/she/they, pursuant to this Agreement, shall not harass the Joyce’s employees, on the basis of race, color, national origin, ancestry, religion, veteran’s status, marital or domestic partner status, sex, sexual orientation, gender (perception or identity), age, disability or perceived disability, citizenship status, medical condition, or any other legally protected characteristic.
3. Payment. Renter agrees to pay in full the rental sum due no later than fourteen (14) days before first invoiced rental date. Payment is due regardless of whether Renter actually utilizes the space pursuant to this Agreement, subject to the cancellation policy. If rental date is in the next fourteen (14) days, Rental must pay in full within 48 hours of receiving invoice or the Space will be automatically released.
Payments are to be made by cash, check payable to The Joyce Theater Foundation, Inc, or credit card. Credit Card payments can be made via the Invoice. All checks returned unpaid will be subject to an additional charge of US$30. All Credit card payments of US$500 or more are subject to a 3% processing fee.
4. Cancellation. If Renter cancels the Studio rental(s) or any portion thereof within fourteen (14) days of the first scheduled rental date, Renter shall be liable for the full payment on this invoice, pursuant to Paragraph 3 above and shall pay to The Joyce any outstanding balance, immediately upon notice of such cancellation.
5. Credits. Where possible Renter agrees to credit location of space rental: The Joyce Theater Foundation’s New York Center for Creativity and Dance. Renter agrees that it shall not intentionally do anything or portray the Joyce or the NYCC&D in a manner that would negatively impact the reputation of the Joyce, or the goodwill associated with the Space.
6. Insurance. Renter agrees to obtain and keep in full force during the rental agreement period, at its own cost, the following policies: Commercial General Liability Insurance with limit of no less than US$1,000,000 for each occurrence/US$2,000,000 General Aggregate. Workers Compensation and Employers Liability coverage.
General Liability insurance shall grant Waiver of Subrogation to The Joyce Theater Foundation, Inc. and Joyce 287 E10, LLC as well as include The Joyce Theater Foundation, Inc. and Joyce 287 E10, LLC, their officers, directors, and employees as Additional Insured for occurrences arising out of or alleging to arise out of an act, an omission, or negligence of Renter, its employees, agents, assigns, and/or any person or object brought into the theater by Renter. Certificate of Insurance shall be emailed to Studio Operations Manager no later than the first scheduled rental date.
7. Condition and Use of Space. The Joyce reserves the right to reasonable access to the Space for maintenance and operational purposes. Renter agrees to comply with all federal, state or local statute, law, ordinance, rule or other requirements affecting all or any portion of the Space being rented. Renter agrees that at all times it will not exceed the maximum occupancy allowance in the Space. The Joyce reserves the right to require adherence or cancel in progress any event that is in violation of occupancy restrictions. Public showings and performances are not permitted at NYCC&D. Open rehearsals and the filming and photographing of Renter’s activities will not be permitted without The Joyce’s prior permission. Events, Open rehearsals, film shoots, and photoshoots must be arranged and approved by The Joyce under a separate agreement. Renter acknowledges that any such additional use must comply with The Joyce’s terms and conditions, including, without limitation, any additional payment for such use as The Joyce shall determine in its sole discretion.
8. Liability. Renter shall indemnify, defend, and hold the Joyce and Joyce 287 E10, LLC, and each of their respective officers, principals, members, agents, directors, and employees harmless from any liabilities, losses, claims, demands, costs (including, without limitation, reasonable outside attorneys’ fees) and expenses arising out of or in connection with (a) Renter’s breach of this Agreement (including, without limitation, any failure of Renter to fully and promptly pay all amounts due to the Joyce under this Agreement), together with all reasonable costs, expenses, and liabilities in connection with each claim, action, or proceeding brought thereon, (b) any negligence or willful misconduct of Renter or any of its directors, principals, officers, agents, employees or contractors, including without limitation, if the same occurs in the common areas of NYCC&D, (c) Renter’s or any of Renter’s employees, invitees or agents conduct in NYCC&D during the Rental Period or any period in which Renter is given access to NYCC&D, (d) personal injuries, death or property damage resulting from Renter’s acts or omissions at the Space or with respect to its obligations under this Agreement, (e) loss or damage of property, whether owned or rented, brought into NYCC&D by Renter, and/or (f) use of any third-party materials, including materials protected under copyright (including moral rights), trademark, right of publicity, privacy, contract, or related law(s).
9. Force Majeure and Liquidated Damage. If: (a) Renter shall fail to observe any term, condition or covenant of this Agreement or shall fail to pay any sum required to be paid when the same shall be due, or (b) in the Joyce’s sole but reasonable opinion the Space is destroyed, damaged or otherwise rendered unfit for occupancy, or (c) any use of the Space shall be prevented, interrupted or interfered with by the public authorities or by any strike, labor dispute, war, pandemic, public emergency or calamity, terrorism, breakdown of mechanical or electrical equipment, or other cause beyond the control of The Joyce, The Joyce shall have the right, in its sole and absolute discretion, to terminate this Agreement, without any liability to Renter and The Joyce shall retain the amounts previously paid by Renter (in the case of clause (a) as liquidated damages in compensation for The Joyce’s damages and loss of revenue resulting from the termination and not as a penalty), and The Joyce shall have no further liability to Renter, provided, however, that The Joyce shall retain all other rights and remedies to which it may be entitled under this Agreement or as a matter of law or in equity.
10. Warranties. The Joyce warrants, represents, and agrees that: (a) The Joyce is fully authorized to enter into this Agreement; and (b) the Joyce has the right to grant Renter the use of the Space at NYCC&D as described herein and to grant each of the rights herein granted. Renter warrants, represents and agrees that it is fully authorized to enter into this Agreement and will comply with the terms and conditions set forth herein.
11. Governing Law. This Agreement shall be governed under the laws of the State of New York applicable to contracts and agreements made and performed entirely in said State. Any legal action or proceeding arising out of this Agreement shall be brought exclusively in any court of the State of New York or any Federal Court located in the City and State of New York, and Renter hereby consents to the jurisdiction of the aforesaid state and federal courts in the State of New York for purposes of resolving any dispute regarding this Agreement and agree not to raise or assert any defenses of lack of personal jurisdiction or inconvenient forum. Renter agrees that the legal papers in any such legal action or proceeding may be served on it by mail or by facsimile transmission.