2023-2024 Membership Agreement (3 Months) *

The Sublessor agrees to sublet, and the Subtenant agrees to take the premises described below.

Both parties agree to keep, perform, and fulfill the promises, conditions and agreements expressed below:

1. SUBLESSOR: The Sublessor is: BRUCK STUDIOS.

2. SUBTENANT: The Subtenant is: Renting Business Name or Person.

3. PREMISES: The location of the premises is: 1 Four Corners Blvd. Suite 5 Hopewell Junction, NY 12533

4. TERM & INCLUSIONS: The term of this sublease is (3) Three Months beginning on sign up date.

Membership includes:

• 2-8 Hours - valid for the studio on weekday and weekends.

• Unused hours may rollover to the next month. 4 total rollover hours permitted per three month contract. Rollover hours expire at the end of the contracted 3 months.

• Additional Studio Hours @ $75 weekday/weekend.

5. MEMBERSHIP PAYMENTS: The rate is $150.00-$450.00 per month and is payable to BRUCK STUDIOS via automatic electronic payment through bruckstudios.com.

Failure to submit payment may result in forfeiture of access to the premises and revocation of the sublease agreement without notice.

6. AGREEMENT TERMINATION: The sublease agreement will terminate on enter the lease end date. The agreement shall automatically renew for an additional (3) Three Months each renewal period if a written Notice to Terminate Membership is not provided to the Sublessor seven (7) days prior to end of the leasing period.

7. UTILITIES: No utility fees will be charged to Subtenant. All utilities paid by Sublessor.

8. PROPERTY CONDITION: Subtenant agrees to surrender and deliver to the Sublessor the premises and all furniture, decorations and equipment within the premises in the same good working condition and configuration as they were at the beginning of each specific reservation, reasonable wear and tear excepted. Subtenant agrees to clean up any spills, mess or trash which have occurred during the time of his/her reservation. The Subtenant will be liable to the Sublessor for any damages occurring to the premises or the contents thereof or to the building, which are done by the Subtenant or his/her guests. The Subtenant will be liable for a cleaning/restoration fee at the rate of $90 if premises are not restored to their original condition.

9. EQUIPMENT AND FURNISHINGS:

a. Ownership: The Equipment is, and shall at all times be and remain, the sole and exclusive property of Sublessor; and the Subtenant shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

b. Use: Subtenant shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment. The Equipment shall not be removed by Subtenant from the Sublessor’s business address listed herein.

c. Repairs: Sublessor shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order.

Subtenant shall not in any way repair or materially alter the physical or otherwise makeup of the Equipment.

d. Damaged Equipment: Subtenant hereby assumes and shall bear the entire risk of damage to the Equipment from any and every cause. No damage to the Equipment or any part thereof shall impair any obligation of Subtenant under this agreement which shall continue in full force and effect through the term of the membership agreement. In the event of damage of any kind to the Equipment, Subtenant agrees to pay for the full cost of repair of said damaged Equipment. Sublessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Subtenant and Sublessor agree to be bound, legally and otherwise, by the report of Sublessor's chosen repair venue as to the cause of the damage to the Equipment.

10. DEFAULT. If any rent provided herein shall be due and remain unpaid or if Subtenant fails to perform any of the provisions of this Sublease Agreement, in addition to all other remedies available to Sublessor at law or by this Sublease, Sublessor may cancel this Sublease Agreement by giving Subtenant written notice.

11. NOTICE. All written notices required or permitted by this Sublease may be delivered via email, or sent by certified mail to the Tenant or Subtenant at the addresses set forth above, or at such other address as the parties may designate in writing from time to time by notice given pursuant to this paragraph. In addition to written notices delivered as hereinbefore set forth, any written notices required or permitted by this Agreement may be sent by e-mail to the Tenant or Subtenant at the e-mail addresses set forth below. If e-mail delivery is used, the sender shall retain sufficient proof of the electronic delivery.

12. CANCELLATIONS. Cancellations must be made by the Subtenant directly through the booking site. Link to reschedule is provided in the booking confirmation email and subject to the following terms: Reservation must be cancelled by Subtenant no less than 24 hours before reservation begins or Subtenant forfeits the reserved time/fees.

13. RESERVATIONS: Subtenant may access the studio at the precise start time of the reservation and finish promptly by the ending time of the reservation. Subtenant must account for the necessary time to set up the studio and restore it to its starting condition when determining the amount of time needed for the reservation.

14. OVERAGE FEES: In the event Subtenant exceeds the time of the reservation (and there is not a reservation following that is impacted) Sublessor will invoice for an additional hour at the rate of $75/hr weekday. If the overage impacts a following reservation (goes over into someone else’s time) the Sublessor will invoice for an additional hour at the rate of $90/hr plus a $90 fee to reimburse the person/business whose reservation was impacted.

15. SECURITY: This disclosure acknowledges that you have been notified that BRUCK STUDIOS implements security video monitoring at the studio. There is one camera in the Upstairs Studio, directed to the entrance. This is in place to promote the safety of studio visitors and to monitor reservation times. BRUCK STUDIOS wants to assure you that your privacy is of our utmost concern. There is absolutely no monitoring of any of the client shooting areas.

16. OTHER TERMS AND CONDITIONS:

a. Subtenant’s access is defined by each specific reservation or membership type. Possible spaces included will be upstairs studio in suite 5, second floor restroom.

b. Subtenant is not permitted to share access codes to suite entrances.

c. Hours can be rescheduled but are non-transferrable.

d. It is the responsibility of the Subtenant to acquire Liability Insurance. BRUCK STUDIOS and the owner’s individual business policies will not cover Subtenant or Subtenants clients in any event. Sublessor is to be furnished a copy of said policy or suitable evidence of insurance prior to reservation, 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. If Subtenant is unable/unwilling to provide proof of policy, a Waiver of Liability must be signed and provided to Sublessor prior to scheduled reservation.

17. SOLE AGREEMENT: The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. Any oral representations made at the time of executing this agreement are not legally valid, and therefore, are not binding upon either party.

18. GOVERNING LAW: This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of New York.

19. CONSTRUCTION: 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.

20. INDEMNIFICATION: The Sublessor shall be held harmless for any and all injury to Subtenant and Subtenant’s business and equipment. Subtenant shall indemnify and save harmless Sublessor against all loss, damage, expense and penalty, including reasonable attorney’s fees, arising from, related to, or connected with any action on account of any injury to person or property of any character occasioned by the operation and handling of the equipment during the term or while the equipment is in the control of Subtenant.

21. ARBITRATION: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Sublessor’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum 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.

22. FORCE MAJURE: 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, incidences 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. Except as specifically contained herein or unless otherwise expressly provided in this Agreement, nothing contained in this Article 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 Landlord’s or the Tenant’s rights under this Agreement to cure the other party’s default.

23. GLOBAL PANDEMIC CLAUSE – In the case of forced business closure by stay-at-home orders or personal choice to temporarily cease operations due to pandemic, BRUCK STUDIOS (Sublessor) will honor a pause in membership payments. Requests for pause and specific duration of pause must be executed in writing by email and acknowledged in writing by Sublessor.

24. ATTORNEY FEES: If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, 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.

25. ACKNOWLEDGEMENT OF COPY RECEIVED: Each party signing this sublease acknowledges receipt of a copy thereof.