Separate signature required
Leaseholder
responsibility addendum.
Draft for the property owner and the current commercial leaseholder/operator of Picture It Studio at 103 Randy Drive, Waco, Texas 76712.
Parties and relationship
Owner/Landlord: __________________________________________
Current Leaseholder/Operator (legal name): __________________________________________
Effective date: ____________________
This addendum supplements the parties' signed commercial studio lease. The Operator, rather than the Owner, controls day-to-day studio operations and third-party photographer bookings to the extent set out in that lease. If this addendum conflicts with the signed lease, the parties must resolve the conflict in a signed amendment.
Operations, guests and safety
Operator is responsible for accepting and administering photographer reservations; collecting payments; communicating and enforcing studio rules; supervising its employees, contractors and invitees; and maintaining safe day-to-day operations within the leased premises. Operator must require each third-party photographer to accept a written rental agreement and to supervise their own clients and guests.
Allocation of injury claims
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, OPERATOR SHALL DEFEND, INDEMNIFY AND HOLD OWNER HARMLESS FROM THIRD-PARTY CLAIMS, INCLUDING CLAIMS BY PHOTOGRAPHERS, THEIR CLIENTS, GUESTS, EMPLOYEES OR CONTRACTORS, FOR BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM OPERATOR'S STUDIO OPERATIONS, BOOKINGS, OR THE ACTS OR OMISSIONS OF OPERATOR OR PERSONS OPERATOR ADMITS TO THE STUDIO.
This allocation does not release Owner from a claim to the extent caused by Owner's own negligence, willful misconduct, control of an area outside the leased premises, or a duty that cannot lawfully be transferred. Nothing here prevents an injured person from bringing a claim against a party they believe is responsible. The parties' financial responsibility to each other is governed by the signed lease and this signed addendum.
Insurance
Operator must maintain the commercial general liability coverage required by the signed lease, including at least $1,000,000 per occurrence and $2,000,000 aggregate unless the parties agree otherwise in writing, and name Owner as an additional insured where commercially available and appropriate. Operator must provide proof of coverage on request and promptly notify Owner of a lapse or material reduction.
Signatures
Owner/Landlord signature: ____________________________________ Date: ______________
Operator/Leaseholder signature: _______________________________ Date: ______________
Printed name and title: __________________________________________________________
Review before signature
This is a proposed addendum. Confirm the parties' exact legal names and compare it with the executed lease and insurance policy with a Texas attorney before signing. A photographer's booking checkbox does not sign this addendum for the leaseholder.