These terms and conditions (these “Terms”) are the only terms that govern (i) your use of (collectively, the “Goods”) the studio and those items of equipment set forth on the Final Bid (the “Final Bid”) provided to you (Customer, as named on the applicable Final Bid, hereinafter referred to as “Customer”) by Sneaky Big Studios, LLC, an Arizona limited liability company (“SNEAKY BIG”), and (ii) your engagement of SNEAKY BIG to provide those services (collectively, the “Services”) outlined on the Final Bid. The Final Bid will set forth the details of the parties’ agreement with respect to the use by Customer of the Goods as well as whether Customer has engaged SNEAKY BIG to provide any Services in connection with its rental and use of the Goods. Unless expressly stated otherwise on the face of the bid proposal, all bid proposals shall be valid for a period of 30 days from the date thereof. If Customer does not agree to these Terms, should not click “AGREE”, and may not use the Goods set forth on the Final Bid.
Term – The term of the rental of the Goods and/or provision of the Services (collectively and alternatively, as the case may be, the “Rental Term”) shall be for that period of time and those dates set forth on the Final Bid. Notwithstanding the foregoing, SNEAKY BIG may terminate the term of the rental of the Goods or the engagement to provide the Services earlier than as stated on the Final Bid if Customer breaches these Terms or as otherwise stated below. The Goods will be available for use by Customer during those times and on those dates set forth on the Final Bid. If Customer desires to terminate the term of the rental or provision of the Services prior to the applicable start date, Customer shall remain liable to SNEAKY BIG to pay (each a “Cancellation Fee”): (i) 50% of the Rental Amount if canceled 7 or more days before the commencement of the term, or (ii) 100% of the Rental Amount if canceled within 6 or less days of the commencement of the term. If Customer reschedules the rental of the Goods or the provision of the Services with SNEAKY BIG within 30 days of the cancellation date, SNEAKY BIG will refund any Cancellation Fee previously retained by SNEAKY BIG; provided, however, any such refund by SNEAKY BIG shall only occur if (i) the second rental or provision of the Services occurs at the rescheduled date, and (ii) Customer has only rescheduled the applicable rental one time.
Payment/Deposit– Customer shall pay all rental fees and other applicable costs and expenses, including, without limitation, costs associated with the provision of the Services (collectively, the “Rental Amount”), stated on the Final Bid at the time(s) designated thereon, which may include a partial or full payment of the Rental Amount prior to taking possession of the Goods. The Rental Amount shall include ancillary out-of-pocket costs estimated by SNEAKY BIG in the Final Bid and other out-of-pocket costs arising during the Rental Term which were unknown until the Rental Term began or expired, as the case may be, including, without limitation, cleaning fees and other fees described in this Terms (collectively, “Costs”). To the extent that Costs arise during the Rental Term, at the conclusion of the Rental Term, a cost-accounting shall be performed by SNEAKY BIG and SNEAKY BIG will invoice Customer for said Costs, which will be due and payable by Customer upon receipt of said invoice. SNEAKY BIG will provide Customer with reasonable evidence of the incurrence of any Costs contemporaneously with the transmittal of the invoice therefore to Customer. The Rental Amount shall be payable in US currency only. If the Rental Amount or Costs, if applicable, is not paid in full within 60 days of the invoice date thereof, interest on the amount outstanding shall automatically accrue at a rate of eight percent (8%) per annum until paid in full to SNEAKY BIG. Customer shall promptly reimburse SNEAKY BIG in full for all fees incurred by SNEAKY BIG, if any, in connection with the collection of the Rental Amount and Costs, or any partial amount thereof, including a returned check fee of $50.00, if applicable; said costs of collection shall include, without limitation, court costs, collection agency costs, and/or attorneys’ fees. SNEAKY BIG’s acceptance of a partial payment of the Rental Amount does not constitute an accord and satisfaction or prejudice SNEAKY BIG’s right to recover the balance of a portion or all of the Rental Amount or Costs, if applicable, nor does it waive the underlying delinquency, constitute a consent and waiver relative to future transactions between the parties or bar the exercise of other rights and remedies available to SNEAKY BIG under these Terms or otherwise at law or in equity.
Pricing is based on the rental of the Goods and provision of Services during the regular business hours of SNEAKY BIG. SNEAKY BIG may charge additional amounts if the rental of the Goods and/or the provision of Services is other than during regular business hours or extend for a period longer than set forth on the Final Bid. For purposes of these Terms, regular business hours are considered 8am to 6pm, Monday to Friday, excluding holidays. Rental periods that continue beyond regular hours or extend over weekend days or holidays will be subject to the then overtime/weekend rates charged by SNEAKY BIG, unless different rates for such situations are set forth in the Final Bid. A stage rental period shall commence upon arrival by Customer to the studio and shall end when Customer vacates the premises of SNEAKY BIG, inclusive of all of Customer’s employees, contractors, equipment and other personal property. Customer will not receive a credit or offset if use of the Goods is for a period of time less than set forth in the Final Bid. A full day rate is 10 hours for production services and 8 hours for post-production services if SNEAKY BIG is engaged by Customer to provide said services.
Any rental estimates equal to $2,000 or more will require a 50% deposit prior to use of the Goods. Any rental estimates under $2,000 require a full payment prior to use of the Goods. Any studio rental will require a 50% deposit to book the space and time. There are no guarantees that a specific date or time will be kept available prior to the deposit being made.
All deposits (collectively, the “Deposit”) shall be held by SNEAKY BIG as security for the performance of Customer’s obligations under the Final Bid and these Terms, including Customer’s use and care of the Goods, and will not be refunded until all Customer obligations hereunder are satisfied in full. At the option of SNEAKY BIG, the Deposit, or any portion thereof, may be applied to (i) make repairs for damage to the Goods while under the care and use of Customer, (ii) purchase replacement Goods should a loss of the Goods occur while under the care and use of Customer, and (iii) cure any default of Customer without prejudice to, or of the preclusion of, any other right or remedy of SNEAKY BIG under these Terms or otherwise at law or in equity. For clarification purposes, Customer shall be prohibited from removing the Goods from the SNEAKY BIG studio/stage.
Cleaning Fee – All trash must be removed from inside the stage and common areas and placed into appropriate trash receptacles located in the parking lot of the studio by the expiration of the Rental Term, but Customer should use good faith efforts to remove all said trash by the end of each rental day. Any excess trash left in the stage and/or common areas will result in an additional $150 cleaning fee being added to the final invoice issued to Customer. Bulky items, sets, set pieces, and props that do not fit into waste management trash receptacles must be removed from the premises or a charge of $125 per bulk item will be charged to Customer. Notwithstanding the foregoing, all multi-day productions will incur a standard cleaning charge equal to $350 per production.
Stage Manager and Studio Engineer Required – The Rental Amount of all rentals of a SNEAKY BIG stage shall include the additional cost of a stage manager and studio engineer engaged or employed by SNEAKY BIG to monitor the performance and use of the stage.
Production/Post-ProductionServices–If Customer has engaged SNEAKY BIG to perform any Services, including, without limitation, production and/or post-production services, in connection with its rental and use of the Goods, SNEAKY BIG will, at no additional cost to Customer, store the footage shot during the use of the Goods for a period of ten (10) business days from the date of production; provided, however, if the footage is not obtained by Customer within said ten (10) business day period and Customer has not requested that SNEAKY BIG store the footage or Customer has not otherwise engaged SNEAKY BIG to perform post-production services with respect to such footage, SNEAKY BIG will delete the footage after the expiration of said ten (10) business day period. If, on the other hand, the footage is not obtained by Customer within said ten (10) business day period, but Customer has requested that SNEAKY BIG store the footage, SNEAKY BIG will charge Customer a minimum storage fee of $10 per gigabyte of footage per day (“storage fee”) until the footage is obtained by Customer. The current storage fee will be communicated to Customer upon request. The aggregate storage fee will be added to the final invoice payable by Customer in accordance with the terms set forth in the Payment/Deposit section of these Terms. Notwithstanding the foregoing, if Customer has engaged SNEAKY BIG to provide post-production services with respect to the footage, the ten (10) business day free storage period shall commence on the date that the post-production services are completed and the footage is delivered to Customer. Customer acknowledges and agrees that SNEAKY BIG shall have no liability with respect to damage, destruction or loss of footage remaining at SNEAKY BIG’s studio following the expiration of the applicable ten (10) day free storage period absent a written agreement to the contrary between the parties or as otherwise provided above.
Virtual Reality ProductionServices– If Customer is engaging SNEAKY BIG to provide virtual realty production services and Customer is providing any personal property (i.e. graphics, PowerPoint, images, music, furniture, etc.) in connection therewith, Customer must ensure that all such personal property to be utilized in connection with the virtual realty production is delivered to SNEAKY BIG, at Customer’s sole cost and expense, by no later than the due date for delivery to SNEAKY BIG set forth on the applicable Statement of Work or Final Bid, as the case may be (the “Due Date”). As all such personal property, if any, is necessary for the best in class provision of the virtual reality production services by SNEAKY BIG, the failure of Customer to deliver all said personal property at or prior to the Due Date shall relieve SNEAKY BIG of any and all liability for the provision of inadequate virtual reality production services to Customer; provided, however, Customer shall remain liable for the payment therefor as if Customer had timely and fully fulfilled its duties and obligations of delivery as required by these Terms and the applicable Statement of Work or Final Bid, as the case may be. Furthermore, Customer hereby acknowledges and agrees that all requests for changes by Customer after set design and build are made at Customer’s sole risk as SNEAKY BIG needs any and all changes to be communicated to SNEAKY BIG by no later than the Due Date in order to ensure best in class Services by SNEAKY BIG. Customer shall maintain insurance coverage on all items of personal property delivered to SNEAKY BIG. SNEAKY BIG shall not be liable for damage to or loss of any items of personal property when at SNEAKY BIG’S studio absent gross negligence or willful misconduct of SNEAKY BIG personnel. SNEAKY BIG shall not be liable for any delays in production if the required items of personal property are not delivered to SNEAKY BIG at least ten (10) business days prior to the scheduled production day. Customer shall defend, indemnify and hold SNEAKY BIG harmless of, from and against all claims, damages, loss and liability incurred by SNEAKY BIG in connection with the use of any personal property provided by Customer in furtherance of a production as contemplated by these Terms and the Statement of Work or Final Bid, as the case may be.
Use – SNEAKY BIG must approve, in its sole discretion and in writing, the use of exotic animals, automobiles, hazardous materials, stunts, explosives and/or pyrotechnics prior to the commencement of the Rental Term or none of the foregoing may be used in the studio. Customer is responsible for maintaining and following all applicable laws and regulations in connection with its use of the Goods as well as obtaining all applicable permits and/or licenses as required by law.
Any spike tape for use in stages (on the floor or otherwise) must be approved in writing by SNEAKY BIG prior to use on the stage and removed after use. Use of unapproved tape will result in an additional cleaning fee $100.
No spray painting is allowed in stages or elsewhere in the building without the prior written consent of SNEAKY BIG. Sanding and cleanup of any over spray is required after use of any spray paint in stages. If Customer fails to promptly clean-up any spray paint in stages, Customer will be liable to promptly reimburse SNEAKY BIG for the cost and expense incurred by SNEAKY BIG to perform such clean-up, plus an administrative fee of $100; said additional costs and expenses shall be included within the definition of “Costs”.
Inspection and Condition of Goods – Customer is required to inspect all Goods (including the stage, if applicable) upon the earlier of delivery or arrival, as the case may be, and if there are any concerns or defects in the Goods, it is the responsibility of Customer to bring this to the attention of SNEAKY BIG at such time or Customer will be deemed to have accepted the Goods “as is”, and without warranty or guarantee of any kind, expressed or implied, including, without limitation, the warranties of merchantability and fitness for a particular purpose. SNEAKY BIG assumes no responsibility, implied in fact or law, for the performance or non-performance of the Goods. Customer may not alter the Goods in any manner without the prior written consent of SNEAKY BIG. Upon the earlier of the request of SNEAKY BIG or the termination of the Rental Term set forth on the Final Bid, Customer shall return the Goods to SNEAKY BIG in as good condition and repair as when received by Customer, ordinary wear and tear excepted.
No Transfer of Ownership – These Terms in no way constitute or imply transfer of ownership of or title to the Goods to Customer. Customer shall protect SNEAKY BIG’s title to the Goods during the rental period and shall keep the Goods free and clear from all claims, liens and other encumbrances of any kind, nature or description whatsoever.
Screen Credit – SNEAKY BIG shall be given screen credit for all television or film projects shot on its stages as follows “Arizona production facilities provided by SNEAKY BIG Studios, Scottsdale, Arizona”.
PublicityLicense– SNEAKY BIG may desire to use and publicize certain behind the scenes photographs, videos and audio recordings taken by or on behalf of SNEAKY BIG of work performed by Customer while using the Goods, which may include portions of Customer work product (collectively, the “Materials”), for print and social media advertising and website self-promotion of SNEAKY BIG and the Goods themselves, which shall include, without limitation, use of the Materials on the SNEAKY BIG website, SNEAKY BIG sizzle reels, other SNEAKY BIG social media sites, SNEAKY BIG marketing materials, internal SNEAKY BIG wall posters and at award ceremonies (collectively, the “Permitted Uses”). In exchange for the intangible value that Customer will gain by allowing SNEAKY BIG to use the Materials for the Permitted Uses and other good and valuable consideration, the receipt and sufficiency of which Customer hereby acknowledges, Customer grants SNEAKY BIG a nonexclusive, royalty-free, right and limited license to use of the Materials solely for the Permitted Uses throughout the universe (the “Limited License”).
Customer acknowledges and agrees that Customer has no right to review or approve Materials before they are used by SNEAKY BIG, and that SNEAKY BIG has no liability to Customer or any third party for any editing or alteration of the Materials or for any distortion or other effects resulting from SNEAKY BIG’s editing, alteration or use of the Materials provided such use is consistent with the Permitted Uses. Notwithstanding the foregoing, Customer may affirmatively terminate the Limited License upon written notice to SNEAKY BIG.
NoSublet– Customer may not assign the rental arrangement, the Goods, the Services or any interest in any of the foregoing.
LossandDamage/ReplacementCosts/Values– If loss or damage occurs to the Goods, repair or replacement costs will be charged in addition to rental and/or any other costs incurred by SNEAKY BIG. Customer agrees that should a loss or damage to the Goods occur for any reason (excluding the fault of SNEAKY BIG Studios and/or representatives of SNEAKY BIG), Customer is fully responsible and agrees to pay to SNEAKY BIG within thirty (30) days of the invoice date documenting such loss and/or damage. If the Goods rented to Customer are returned in a damaged condition, SNEAKY BIG maintains the sole right to determine if the Goods are repairable or not and the amounts of the replacement or repair costs, as applicable. If the Goods are damaged beyond repair as determined by SNEAKY BIG, in its sole discretion, Customer agrees to pay the replacement costs of said Goods to SNEAKY BIG in accordance with these Terms. Repair costs may include, without limitation, the costs to repair both in-house and by outside agents and a rental charge for the time such Goods are out-of-service being repaired or replaced in an amount equal to the rental charge charged to Customer therefore.
Disclaimer of Warranties; Limitation of Liability – Customer acknowledges that SNEAKY BIG is not the manufacturer of the Goods. SNEAKY BIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION WHATSOEVER WITH RESPECT TO THE CONDITION THEREOF AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AS TO THE FITNESS, MERCHANTABILITY, DESIGN, CONSTRUCTION, CONDITION, SPECIFICATIONS, OR PERFORMANCE OF THE GOODS, EXCEPT THAT THE GOODS ARE IN GOOD WORKING ORDER AND CONDITION UPON DELIVERY TO OR ARRIVAL OF CUSTOMER, NOR DOES SNEAKY BIG MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICES PROVIDED PURSUANT TO THE FINAL BID AND THESE TERMS. IN NO EVENT SHALL SNEAKY BIG BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SNEAKY BIG’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE RENTAL OF THE GOODS AND/OR PROVISION OF SERVICES PURSUANT TO THE FINAL BID, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY CUSTOMER TO SNEAKY BIG PURSUANT TO THESE TERMS AND THE FINAL BID.
Indemnification – Customer agrees to indemnify, defend and hold SNEAKY BIG harmless of, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, without limitation, attorneys’ fees, expert fees and court costs, that are incurred by SNEAKY BIG arising out of or related in any manner to the rental, acceptance, storage, possession and/or use of the Goods and /or studio by or on behalf of Customer, including, without limitation, property damage or illness, personal injury, disability or death of an employee, contractor, invitee and other agent of Customer (each a “Customer Agent”) arising, in whole or in part, to the presence of Customer Agent in the studio. Customer hereby fully and forever irrevocably releases SNEAKY BIG and its parent and affiliate companies, together with their respective members, managers, officers, directors, employees, agents and assigns (collectively, the “Indemnified Parties”) from any and all liability for destruction, breakage, loss or damage to any of Customer’s or a Customer Agent’s property or to any property in Customer’s care, custody or control arising out of or in any way related to the rental, acceptance, storage, possession and/or use of the Goods and/or the studio by or on behalf of Customer and further fully and forever irrevocably releases the Indemnified Parties from any and all liability for injury or death arising out of or in any way related to the rental, acceptance, storage, possession and/or use of the Goods and/or the studio by or on behalf of Customer or the provision of the Services by or on behalf of SNEAKY BIG absent the gross negligence or intentional misconduct of SNEAKY BIG .
Insurance – Customer will be required to provide SNEAKY BIG prior to the commencement date of the applicable rental with a certificate of insurance in such amount as required by SNEAKY BIG, in its sole discretion, naming SNEAKY BIG an additional insured and loss payee with respect to the use of the Goods, including liability, property damage and replacement, and workers’ compensation, from an insurer licensed to do business in the state of Arizona with a current rating of “A-“ or better in A.M. Best’s Insurance report and written on an occurrence (and not a claims made) basis. Customer’s insurance shall be primary and SNEAKY BIG’s insurance shall be non-contributing. Should the applicable insurance certificate not be produced, Customer will remain personally responsible for any and all damages whatsoever and howsoever caused. The dollar amount of any required insurance shall not limit the dollar amount of damages collectible by SNEAKY BIG if Customer breaches these Terms or the terms of the Final Bid itself.
Taxes – Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer in connection with the rental of the Goods or provision of Services in accordance with these Terms and the Final Bid.
Termination of Rental/Services – The rental of the Goods may be terminated by SNEAKY BIG at any time and for any reason whatsoever by written notice to Customer. If SNEAKY BIG terminates the rental of the Goods for any reason, all of the Goods shall immediately be returned to SNEAKY BIG and all amounts due and owing SNEAKY BIG shall be immediately due and payable. Upon the termination of the rental of the Goods for any reason and by either party, Customer shall promptly remove all of its own equipment and belongings from SNEAKY BIG’s premises, if any, and restore the premises to substantially the same condition as prior to the Rental Term, as the case may be.
No Waiver by SNEAKY BIG – The failure of SNEAKY BIG Studios to insist upon strict and/or prompt performance of any of the covenants herein and/or the acceptance of such non-performance hereunder shall not constitute or be construed as a waiver of the right of SNEAKY BIG to strictly enforce any of these Terms.
Additional – The Final Bid and these Terms contains the entire agreement between the parties with respect to the rental of the Goods and the provision of the Services and supersedes and controls any and all prior and contemporaneous understandings, agreements, orders, estimates or proposals, both written and oral. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms prevail over any of the general terms and conditions of purchase or rental provided by Customer regardless of whether or when Customer has submitted its purchase order or such terms. Satisfaction of the rental of the Goods and/or provision of the Services to Customer does not constitute acceptance of any of the terms and conditions of purchase or rental provided by Customer and does not serve to modify or amend these Terms.
Final Amount – The aggregate dollar amount owed to SNEAKY BIG by Customer shall be determined by the final invoice. The dollar amount specified in the final estimate are estimates only and do not take into account any additions or deletions of Goods being rented by Customer or Services being provided to Customer during the Rental Term or other fees, costs and expenses associated therewith as otherwise provided in these Terms.
Governing Law – These Terms shall be governed and controlled by the laws of the State of Arizona without regard to conflict of laws’ provisions. and Customer agrees that any legal action, suit or proceeding between the parties arising from the rental of the Goods or the provision of the Services shall be instituted in the courts of the State of Arizona, City of Phoenix and County of Maricopa. Customer hereby irrevocably submits to the exclusive jurisdiction of such Arizona courts.
Choice of Venue – CUSTOMER HEREBY AGREES THAT ALL ACTIONS OR PROCEEDINGS INITIATED BY CUSTOMER AND ARISING DIRECTLY OR INDIRECTLY OUT OF THESE TERMS SHALL BE LITIGATED IN ANY SUPERIOR COURT LOCATED IN MARICOPA COUNTY, ARIZONA OR, AT SNEAKY BIG’S ELECTION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA. CUSTOMER HEREBY EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING COMMENCED BY SNEAKY BIG IN SUCH COURT. CUSTOMER WAIVES ANY CLAIM THAT SUCH STATE COURT OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. THE EXCLUSIVE CHOICE OF FORUM FOR CUSTOMER SET FORTH IN THIS PARAGRAPH SHALL NOT BE DEEMED TO PRECLUDE THE ENFORCEMENT, BY SNEAKY BIG, OF ANY JUDGMENT OBTAINED IN ANY OTHER FORUM OR THE TAKING, BY SNEAKY BIG, OF ANY ACTION TO ENFORCE THE SAME IN ANY OTHER APPROPRIATE JURISDICTION, AND CUSTOMER HEREBY WAIVES THE RIGHT, IF ANY, TO COLLATERALLY ATTACK ANY SUCH JUDGMENT OR ACTION.
Waiver of July Trial – SNEAKY BIG AND CUSTOMER HEREBY WAIVE THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER AGAINST THE OTHER ARISING IN ANY WAY WITH RESPECT TO THESE TERMS.
Last updated March 17, 2025