Article 1 (Purpose of this Facility) The Facility is a place for each Member to conduct photography. In using the Facility, Members must take sufficient care not to cause inconvenience to the Operator, other Members, or residents of the neighborhood.
Article 3 (Usage Fee)
1.The Operator shall allow Members to use the Facility under a usage contract on an hourly basis, and Members shall pay to the Operator the usage fee stipulated in the attached fee list as compensation for the use of the Facility. The fees set forth in this paragraph shall include the fees for the use of the common areas, cleaning fees, and all other expenses necessary for the maintenance and management of the Facility, except for the fees for paid services set forth in paragraph 2.
2.In addition to the usage fee set forth in the preceding paragraph, Members shall pay the fees for paid services as set forth in the attached fee list on the website operated by the Operator.
3.If the number of persons using the Facility at the same time is 3 or more, an additional fee will be charged as specified in the attached fee list.
4.This Facility may be used for a minimum of 4 hours per use.
5.The Member shall pay the fees specified in Paragraphs 1 through 3 (hereinafter collectively referred to as the "Usage Fee") by wire transfer to the bank account designated by the Operator in advance or by any other method designated by the Operator by the starting time of use on the day of use. The transfer fee shall be borne by the Member.
6.The Operator shall not issue receipts for Usage Fee, unless requested by the Member.
7.The Operator may revise the Usage Fee by posting a notice on the website or in the Facility in advance when it determines that the Usage Fee have become unreasonable due to an increase or decrease in the maintenance and management costs of the Facility, or when the consumption tax rate has been changed or when there are other reasonable circumstances.
Article 4 (Method of Membership Application)
1.A person who wishes to become a Member shall fill in their name, date of birth, current address, trade name, telephone number, e-mail address, and other items to be notified in the application form, and submit the application form to the Operator together with a copy of the identification documents listed in the following items. The applicant shall submit to the Operator a copy of the identification documents listed in the following items and pay the admission fee as specified in the attached fee schedule. The admission fee stipulated in this paragraph includes the procedural and communication fees required for membership registration. (1) One of the following photo identification cards issued by a public agency, such as a my number card, driver's license, passport, etc. (2) If the applicant is a foreign national, a residence card (with a remaining period of stay of 6 months or more) in addition to the above item
2.The Operator may refuse an application in the following cases: (1) If the applicant has been suspended from using the Facility or has had this Contract terminated in the past due to a violation of these rules and regulations, etc. (2) if there are any falsehoods, errors, or omissions in the information provided at the time of application for registration (3) if the credit card submitted as a means of payment is deemed invalid by the credit card company, or if the settlement related party designated by the Operator refuses to enter into the agreement with the relevant applicant; or (4) if the relevant applicant is under 18 years of age; or (5) the Operator otherwise deems the applicant to be inappropriate.
3.Upon receiving an application as described in Paragraph 1, the Operator shall interview the person who submitted the application form and notify him/her whether or not the membership is approved within 10 days from the date of submission of the application form. If the admission is not approved, the person who submitted the application form may not file an objection or request an explanation of the reasons.
4.If the Operator approves the admission to membership in accordance with the preceding paragraph, the person who submitted the application form shall, within 10 days of the notice in the preceding paragraph, pay the amount shown in the attached fee schedule by wire transfer to the bank account designated by the Operator or by credit card, PayPal payment or any other method designated by the Operator (wire transfer fees shall be paid by the person who submitted the application form). If the admission fee is not paid by the said deadline, the Operator may cancel the membership.
5.A Member shall notify the Operator in writing of any change in the notified items specified in Paragraph 1 within ten (10) days of such change. The Operator shall not be liable for any loss or damage incurred by the Member as a result of the Member's delay in completing the procedures for such change.
6.The handling of personal information shall be in accordance with Article 19.
7.The Operator shall not refund the admission fee once it has been paid for any reason.
Article 5 (Use of the Facility)
1.The business hours of the Facility shall be as stated on the website, and the Member shall fill out the reservation form on the website and submit the date, time, and required time (minimum 4 hours) (hereinafter referred to as "Time of Use") for which he/she wishes to use the Facility (hereinafter referred to as "Reservation Entry"). The Facility may be rented on an hourly basis for a portion of the business hours. However, the Operator may change the hours of operation temporarily or continuously, or may not allow the use of all or part of the Facility, by posting a notice on the website in advance, when the Operator determines such cases as when an event is held or the Facility is reserved for a private party.
3.Members may use the first, second, and third floors and the rooftop of the Facility for photography, but in order to prevent disturbances to neighbors, video recording may only be conducted on the first floor, which is fully soundproofed.
5.Unless otherwise agreed by the Operator, the Member shall complete the use of the Facility (including cleaning work) within the Time of Use specified in the Reservation Entry, and shall leave the Facility at the end of the Time of Use after returning all equipment and other items in the Facility to their original state at the beginning of the Time of Use.
6.In the event that a Member extends the Time of Use with the individual consent of the Operator, the Member shall immediately pay the Usage Fee for the extended hours of use as an extension fee.
7.If a Member uses the Facility without making a Reservation Entry or at a time other than the Time of Use specified in the Reservation Entry, in violation of the provisions of this Article, the Member must pay a penalty of 500,000 yen.
8.After entering a Reservation Entry, the Member may cancel the reservation up to one week prior to the day on which the start time of the Time of Use falls (hereinafter referred to as the "Date of Use"). If a Member cancels a reservation within one week prior to the Date of Use, the Member shall immediately pay to the Operator the cancellation fees specified in each of the following items: (1) Cancellation up to 3 days prior to the Date of Use: 50% of the Usage Fee for the relevant reservation (2) Cancellation up to the day before the Date of Use: 70% of the Usage Fee for the reservation (3) Cancellation on the Date of Use: Full amount of the Usage Fee
9.If a Member wishes to use the Facility accompanied by a person other than a Member (hereinafter referred to as "Accompanying Person(s)"), the Member shall obtain the Operator's consent for all Accompanying Person(s) by the start of the Time of Use. The Operator may refuse the use of the Facility to any Accompanying Person(s) whose use has not been approved by the Operator. An Accompanying Person(s) shall be a performance assistant of a Member, and the Member shall be responsible for any and all conduct of the Accompanying Person(s).
10.Members may take refreshments in to the Facility. However, this does not apply to food with strong odors or other items that may cause problems for third parties.
11.Members may not dispose of any waste generated at the Facility and must take all such waste home with them.
12.If a Member wishes to use the Facility for any purpose other than photography (events, parties, exhibitions, etc.), the Member must notify the Operator to that effect in advance and obtain the Operator's consent.
Article 6 (Equipment)
1.the Operator shall lend the equipment listed in the "List of Equipment for Rent" on the website to the Members at the rates specified in the attached fee list.
2.Members may use the equipment only within the Facility, and may not take the equipment outside the Facility, and may not have it taken out by the Member's Accompanying Person(s).
3.The Member shall indemnify the Operator for any damage, stain, loss, or excessive wear and tear to the equipment caused intentionally or negligently by the Member or the Member's Accompanying Person(s).
4.In the event that a Member or the member's Accompanying Person(s) causes damage, stain, or excessive wear and tear to the equipment when using it, the member shall promptly notify the Operator and immediately return such equipment.
5.The Operator may suspend the lending of such equipment in the event of damage, defacement, wear and tear, loss, theft, or other circumstances that make it difficult to lend the equipment.
Article 7 (Wireless LAN Service)
1.the Operator shall provide Members with wireless LAN service within the Facility.
2.Members shall not engage in any of the following acts when using the wireless LAN service in the Facility, nor shall they allow their Accompanying Person(s) to do so. (1) Any act that offends public order and morals, or that defames or discredits a third party, slanders, insults or unfairly discriminates against a third party, threatens a third party, infringes a third party's privacy or intellectual property rights such as portrait rights or copyrights, sends or receives information that violates the "Act on Control and Punishment of Activities Related to Child Prostitution and Child Pornography and Protection of Children" or other laws and regulations, sending SPAM mail or any other act that is against such laws and regulations, and any other similar acts. (2) Actions that continuously transmit a large volume of information that significantly exceeds the average use of the service, whether using electronic devices owned by the Member or a loaner PC, and that place an excessive load on the Operator's or a third party's network.
3.Members and their Accompanying Person(s) shall protect and manage the security of the PCs and other electronic devices to which they connect at their own expense and responsibility, and the Operator shall not be liable for any damage incurred by a Member or his/her Accompanying Person(s) as a result of connecting to the wireless LAN service in the Facility.
4.The Operator may suspend the provision of wireless LAN service without prior notice if it determines that other Members will be disadvantaged by virus infection, use of file sharing software, etc.
5.In addition to the suspension of service in accordance with the preceding paragraph, the Operator shall not be liable for any loss or damage incurred by a Member or his/her Accompanying Person(s) due to a decrease in communication speed, service suspension due to unexpected trouble or emergency maintenance, etc.
Article 8 (Prohibited Matters)
1.Members shall not engage in any of the following acts in the Facility or on the premises of the building in which the Facility is located (hereinafter referred to as "the Building"), nor shall the Member's Accompanying Person(s) engage in any of the following acts: (1) Entering prohibited areas such as staff rooms (2) Entering the premises with shoes of any kind (except for footwear used only indoors) (3) Defecating outside of the designated restrooms or other acts that are problematic from a hygienic standpoint, using adhesive tape, screws, or nails, or otherwise defacing or damaging the Facility or its fixtures, etc. (4) Lodging, napping in a sleeping position, and rest as defined in Article 2, Paragraph 6, Item 4 of the Act on Control and Improvement of Amusement Business (5) Use as a place of entertainment such as nude studios, private video rooms, peep rooms, strip theaters, adult filming sessions, etc., which may fall under Article 2, Paragraph 6, Item 3 of the Act on Control and Improvement of Amusement Business (6) Entering this Facility under the influence of alcohol or consuming alcohol in the Facility (7) Use of fire other than candles, or bringing in items that emit fire or heat, use of smoke, or smoking (8) Use of candles without blue tarps (9) Use of microwave ovens, hair dryers, electric kettles, or other items that consume a lot of electricity (except for items installed in the Facility) (10) Occupying or placing items in common areas such as corridors, hallways, and entrances. (11) Taking photographs in the service area outside the Facility or outdoors in the neighborhood. (12) Keeping animals or plants inside the Facility or bringing them inside the Facility (excluding guide dogs, hearing dogs, service dogs, etc.) (13) Playing musical instruments inside or outside the Facility, or using the Facility in a manner that emits sounds, vibrations, or odors that disturb neighboring residents, the Operator, or other Members, or bringing in any articles into the Facility. (14) Taking or moving equipment, etc. without the Operator's permission. (15) Posting of signs, posters, or other presentations without the Operator's permission. (16) Conducting merchandising sales or multi-product sales without the Operator's permission (17) Conducting religious or political activities. (18) Illegal activities, such as gambling, adult entertainment business, use or sale of stimulants, synthetic narcotics, etc. (19) High-handed or abusive language or behavior toward the Operator, other Members, or third parties who enter or leave the Facility or the Building (20) Behavior that the Operator or the Building manager deems inappropriate (21) Acts that cause damage to the Operator (including economic damage, de facto damage, and any other damage) (22) Acts of filming video on the 2nd floor, 3rd floor, or rooftop of the Facility. (23) Any other acts that the Operator deems inappropriate.
2.If the Operator witnesses any of the acts stipulated in the items of the preceding paragraph, the Operator may immediately suspend the Member's use of the Facilities, or suspend the provision of equipment and other services to the Member. The Operator shall not be liable for any loss or damage incurred by the Member as a result of such suspension or termination.
Article 9 (Not Applicable to Building Lease Contract, etc.)
1.The Operator and the Member confirm that this Contract does not constitute a building lease agreement and that no lease rights are created.
2.The Operator does not provide any sexual services to Members at the Facility, and the Facility does not fall under the category of a sexually oriented storefront business as defined in each item of Article 2, Paragraph 6 of the Act on Control and Improvement of Amusement Business
Article 10 (Repairs, etc.)
1.the Operator or the Building administrator shall carry out the following repairs, renovations, additions, and alterations (hereinafter referred to as "Repairs") to the Building: (1) Repairs necessary for the maintenance and preservation of the framework and attached facilities of the Building or the common areas of the Building (2) Repairs related to essential utilities such as electricity, water, gas, etc. (3) Repairs related to communication equipment in the Facility or the Building's common areas (4) Repairs other than those listed in the preceding three items, necessary for the use of the Facility or the common areas of the Building (5) Maintenance of the reservation system for the Facility
2.The Operator shall notify Members in advance of any Repairs to be carried out in accordance with the preceding paragraph by posting a notice in the Facility; provided, however, that this shall not apply in cases of emergency.
3.The Operator may, if necessary to carry out Repairs under Paragraph 1, request the Member to discontinue use of all or part of the Facility or the common areas of the Building, or discontinue providing services such as essential utilities, communications, etc., and reservation forms, etc. on the website. The Member may not refuse these requests.
4.Even if a Member is unable to use all or part of the Facilities or equipment, essential utilities or communication services, reservation forms, etc., due to the preceding paragraph, the Member shall not be entitled to claim compensation for any damages resulting from such unavailability.
5.In the event that a Member or the Member's Accompanying Person(s) intentionally or negligently damages or destroys the Facility or the Building, fixtures, etc., the Member shall immediately notify the Operator and compensate the Operator for any damages incurred by the Member or the Member's Accompanying Person(s).
6.A Member shall promptly notify the Operator if the Member or the Member's Accompanying Person(s) discovers any Repairs to be made to the Facility or the common areas of the Building.
Article 11 (Maintenance, Inspection, etc.)
1.The Operator or the manager of the Building, or a third party entrusted by them, may take necessary measures for the maintenance and preservation of the fire prevention, structure, construction and equipment of the Facility, on-site inspection of the Facility, maintenance and inspection, statutory inspection of electrical equipment under the Electricity Business Act, and other necessary measures.
2.If the Operator needs to discontinue the use of all or part of the Facility or the common areas of the Building or the reservation form on the website in accordance with the preceding item, the Operator may request the Member to discontinue the use of all or part of the Facility or the common areas of the Building or the reservation form on the website.
3.Members shall cooperate with any entry conducted in accordance with paragraph 1. The Member shall not refuse the request for cessation of use as described in the preceding item, and agrees in advance that a power outage may occur.
4.Members may not seek compensation for any damage caused by the entry under paragraph 1, even if they are unable to use all or part of the Facility or equipment, or if there is a power outage in the Facility as a result of such entry.
5.Even if a Member is unable to use all or part of the Facility or equipment due to the suspension of the use of the reservation form on the website, the Member may not seek compensation for any damages resulting from such suspension.
Article 12 (Lost Property)
1.In the event that the Operator discovers any personal property that has left the possession of a Member or the Member's Accompanying Person(s) (hereinafter referred to as "Lost Property") in the Facility, the Operator shall keep such property in the Facility for a period of 7 days from the date of discovery.
2.If the owner of the Lost Property, a Member or an Accompanying Person(s) of the said Member, fails to inform the Operator that the property belongs to him/her within the period specified in the preceding paragraph, the Operator shall report the Lost Property to the Akasaka Police Station of the Metropolitan Police Department as found property.
3.The Member agrees in advance to relinquish ownership of any item that the Akasaka Police Station of the Tokyo Metropolitan Police Department does not permit to be reported as found property, if it becomes stored in the Facility as Lost Property. The Operator may dispose of such items.
Article 13 (Cancellation of the Agreement)
2.Even if this Contract is terminated pursuant to the preceding paragraph, the Member shall not be exempted from paying compensation for damages under Article 17 or late payment of damages under Article 18.
Article 14 (Cancellation of Membership) A Member may cancel his/her membership by notifying the Operator of the cancellation at least 14 days prior to the cancellation date.
Article 15 (Termination of the Agreement due to Force Majeure)
1.The Contract shall terminate in the event that all or part of the Facility or the Building and its fixtures are destroyed or damaged due to a cause beyond the Operator's or the Member's control as provided in Article 16, Paragraph 3, making it impossible or difficult to achieve the purpose of the Contract.
2.Neither the Operator nor the Member shall be liable to compensate the other party for any damage caused by the preceding paragraph.
Article 16 (Disclaimer of Liability Due to Force Majeure or Other Reasons)
1.The Member agrees in advance that the Operator shall not make any warranty of any kind with respect to the following: (1) That the Facility can be reserved at the specific time requested by the Member (2) The Member may reserve the rental of specific equipment requested by the Member. (3) The safety and usefulness of the Facility and equipment, etc. (4) The completeness, accuracy, currency, and safety of all information and links provided on the website. (5) Accuracy and safety of the content and use of websites operated by third parties other than the Operator that are linked to or from the website.
2.The Operator may add, change, modify, or delete information published on the website at its discretion without prior notice to Members due to the necessity of managing and operating the Facility. In no event shall the Operator be liable for any damages incurred by the Member due to such addition, change, modification, deletion, etc. of information.
Article 17 (Compensation)
1.In the event that any of the following events occurs to a Member, his/her employee, or a Accompanying Person(s) of such Member, etc., the Member shall immediately notify the Operator of the occurrence of the event described in the preceding paragraph, and shall compensate the Operator for all damages incurred by the member. (1) In the event that the member intentionally or negligently defaces, breaks, or damages the Facility or the fixtures, etc. installed in the Building (2) If a third party entering or leaving the Facility or the Building is damaged intentionally or negligently, and the Operator bears managerial responsibility, etc. for the damage
2.The Member shall compensate the Operator for the full amount of the damage as soon as the amount of the damage is known.
3.In the event that a Member suffers damages due to the Operator's default or tortious act, the Operator shall be liable to compensate the Member for damages up to the amount equivalent to the Usage Fee for the Member's use of the Facility, which is attributable to the cause attributable to the Operator.
Article 18 (Late Payment)
1.If a Member delays in the performance of its financial obligations under this Contract, the Member shall pay to the Operator a late payment penalty at the rate of 14.6% per annum (rounded to the nearest one yen). However, even if the Member has paid the late payment, the Operator may terminate this Contract based on the Member's default that has already occurred.
Article 19 (Handling of Personal Information)
1.The Operator shall strictly manage personal information disclosed by Members.
2.The Operator shall use personal information disclosed by Members only for the purpose of providing services to Members, such as the transmission of information related to the operation of the site, notification of events, etc. The Operator shall not use personal information for any other purpose or provide it to any third party.
3.Notwithstanding the provisions of the preceding two paragraphs, the Operator may, at its discretion, use and disclose information and data provided by Members to the Operator, as well as the contents of articles viewed, as statistical information in a form that does not identify individuals, and Members shall not object to this.
Article 20 (Handling of Confidential Information)
2.Notwithstanding the provisions of the preceding paragraph, the information listed in each of the following items shall not be included in Confidential Information (1) Information that was public knowledge prior to disclosure (2) Information that became public knowledge through no fault of its own after disclosure (3) that was in its possession prior to disclosure (4) Acquired from a duly authorized third party without any obligation of confidentiality after the disclosure (5) Developed independently without using the disclosed confidential information.
3.The Operator or a Member may disclose confidential information without the consent of the disclosing party in any of the following cases. In such cases, the Operator or a Member shall notify the other party of the disclosure after the fact. (1) When a court, government agency, or other public agency requires disclosure of confidential information, and the Operator or Member is legally obligated to disclose the information. (2) When disclosure is necessary for the protection of the life, body, or property of a person and it is difficult to obtain the prior consent of the disclosing party.
Article 21 (Assignment of Rights and Obligations, etc.)
1.The Member shall not assign or offer as security all or part of its rights and obligations arising from this Contract to any third party without the Operator's prior consent.
2.The Operator may assign or grant security over all or part of its rights and obligations arising from this Contract to a third party without prior notice to the Member.
Article 22 (Revision of the Terms and Conditions)
Article 24 (Miscellaneous Provisions)
1.Members shall be considerate to neighboring businesses, stores, and residents, businesses, stores, and residents occupying the Building, other Members, and persons coming in and out of the Building, and shall take sufficient care not to cause noise, vibration, odor, or other problems in the Facility, in the common areas of the Building, in the Building, and in its surroundings.
2.Members shall cooperate in the beautification of the area around the Facility, the common areas of the Building, and the grounds of the Building, and shall always take care to keep their own personal appearance clean and neat.
Article 25 (Validity of these Terms and Conditions)
(Facility) HBC Photo Studio
1, Initiation fee 50,000 yen (consumption tax not included)
2, Usage fee
25,000 yen per hour (excluding consumption tax)
(Minimum usage time is 4 hours.)
3, Paid services
Fees to be listed on the website operated by the Operator (consumption tax not included)
4, Fees for excess number of persons as stipulated in Article 3.3 After the third person, 8,000 yen per hour per person (consumption tax not included)