HOST TERMS

THESE TERMS AND CONDITIONS APPLICABLE TO HOST ("HOST TERMS") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE HOST TERMS WILL BE EFFECTIVE AND BINDING ON THE HOST/BUSINESS USER/ LISTER UPON IT'S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE SITE/PROPERTY ON THE SHOOT FOLDER WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE SHOOT FOLDER WEBSITE (DEFINED BELOW).

1. INTERPRETATION AND DEFINITIONS

 1.1. For the purpose of the present Host Terms, the following capitalized words or expressions shall have the following meanings as under:

(i) ‘Shoot Folder Website’ located as the URL www.shootfolder.com managed and administered by Shootfolder.com Pvt. Ltd. is an online platform that serves as a marketplace facilitator which connects Host/ Lister(s) (as defined below) who have properties (which may be residential, commercial etc.) to rent to certain individuals and entities seeking to book such properties (hereinafter the “Property(ies)”/ “Site(s)”) (as defined below) for various uses including but not limited to motion pictures, television and other types of creative productions, etc.

(ii) ‘Shootfolder.com Pvt. Ltd.’ is a Private Limited Company having two Directors namely Mr. Prateek Ahuja and Ms. Jasmine Ahuja with its registered office at 111, Block C, East of Kailash, New Delhi - 110065, Delhi, India

(iii) ‘Guest’ / 'Crew' / 'Visitor' means a User in these Host Terms who books a Site (as defined below) listed on the Shoot Folder Website (as defined below) for various uses including but not limited to motion pictures, television and other types of creative productions, etc.

(iv) ‘Host’/ ‘Lister’ / 'Business User' / 'Vendor' is referred to as an individual or any legal entity who lists, advertises, exhibits, offers to book, make available, market, their Property/ Site to the Guest through the Shoot Folder Website. It may be noted that there shall be no restriction on any Host to list more than one Site or make multiple listings, but not duplicates, of the same Site over the Shoot Folder Website.

The Guest and Host are sometimes collectively referred to as the ‘User’. ‘Property’/ ‘Site’ means such properties (which may be residential, commercial etc.) offered by the Host on the Shoot Folder Website to book to the Guest for various uses including but not limited to motion pictures, television and other types of creative productions, etc.

(v) The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of Shootfolder.com Pvt. Ltd. and the terms "You" /"Your" / "Yourself" refer to the Host on the Shoot Folder Website. These Host Terms shall be read together with the respective Terms of Use and Privacy Policy of the Shoot Folder Website.

(vi) Any other capitalized term not defined herein but used in these Host Terms shall be subject to the same definition as set forth in the Terms of Use.

2. GENERAL

2.1 These Host Terms, inter alia, include the terms applicable to the Host in connection to offering for rent the Properties to the Guests to book for various uses including but not limited to motion pictures, television and other types of creative productions, etc. through the Shoot Folder Website from the Host.

2.2 These Host terms also contains certain terms appliable to the Guests as well as certain statements and disclaimers made by Shootfolder.com Pvt. Ltd. which is the operator/ administrator of the Shoot Folder Website and shall be binding on the Host and the Guest, as the case may be.

3. ROLE OF SHOOTFOLDER.COM PVT. LTD.

3.1. The Shoot Folder Website which is operated/ managed/ administered by Shootfolder.com Pvt. Ltd. is an online platform which provides various Services including but not limited to the marketplace which enables the Hosts to advertise, exhibit, make available and offer their Site for rent on the Shoot Folder Website to the Guests for various uses including but not limited to motion pictures, television and other types of creative productions, etc.. Accordingly, the aforesaid transaction will be subject to a strict bipartite arrangement/ agreement between the Guests for booking the Site(s) listed on the Shoot Folder Website and Hosts offering/ advertising/ listing the same.

3.2. That Shootfolder.com Pvt. Ltd. is only a facilitator and provides various Services to facilitate the engagement between the Guests and the Hosts under commerce on the Shoot Folder Website such as provision of payment gateway services, maintenance of records and information, forwarding booking requests of the Sites to the Hosts received from the Guests etc. AND is not and cannot be a party to or control in any manner any transactions between the Hosts and the Guests on the Shoot Folder Website.

3.3. That Shootfolder.com Pvt. Ltd. neither recommends the Guests to book any Site on the Shoot Folder Website nor does Shootfolder.com Pvt. Ltd. endorses any such Sites and nor does Shootfolder.com Pvt. Ltd. provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to book or transactions of booking the Sites on the Shoot Folder Website.

3.4. Shootfolder.com Pvt. Ltd.  does not own, lease, or control the Spaces listed, and does not make decisions surrounding whether to accept a booking.

IF YOU CHOOSE TO CREATE A LISTING ON SHOOT FOLDER WEBSITE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH SHOOTFOLDER.COM PVT. LTD. IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF SHOOT FOLDER WEBSITE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF SHOOTFOLDER.COM PVT. LTD.. SHOOTFOLDER.COM PVT. LTD. DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF SHOOT FOLDER WEBSITE, INCLUDING BY INAPPROPRIATELY USING ANY SHOOT FOLDER WEBSITE INTELLECTUAL PROPERTY.

4. TERMS APPLICABLE TO HOSTS
4.1. Listings. When you make a Site available for bookings as a Host, you must provide all required details about the Site including the description, how it may be used, the cost of a booking, availability, a list of any facilities, current pictures, rules, and other details about its potential uses and condition (collectively, “Description”). This includes details regarding use of any amenities, furniture, equipment, or fixtures that are part of or in the Site (collectively, “Amenities”). While it is important to communicate the benefits of your Site, the Description must be accurate and give potential Guests a reasonably accurate understanding of how they may use the Site for their including the disclosure of any deficiencies, restrictions, or applicable policies.

4.2. Permission to list and book Sites. You represent and warrant that you are permitted under applicable laws to list and confirm a booking of any Sites provided, that Sites comply with applicable laws, and that you will reasonably facilitate and not obstruct the use of a Site as booked by a Guest. Hosts acknowledge and agree that they may not list or confirm a booking for any Sites that they do not own or for which they do not otherwise have express permission to list. Hosts represent and warrant that they are authorized (e.g., by the owner of any applicable Site) to enter into this agreement with the Shootfolder.com Pvt. Ltd. and participate in all requirements for the listing, booking, and collection of payments, or other terms pertaining to Hosts. In addition, you represent and warrant that any listing you post, any booking of a Site, or a Guest’s use of a Site will not breach any agreements you have entered into with any third parties, including but not limited to, lease agreements, homeowners associations, condominium associations, facilities managers, property managers, or other agreements, and will comply with all applicable laws, rules, regulations, restrictions (including having permits, licenses, and/or registrations), or other terms placed on the Site or use of the Site.

4.3. Bookings. Bookings are created when you accept a booking request, receive an acceptance to a custom offer you have submitted to a Guest. Bookings are a legally binding agreement between you and a Guest which means you are required to provide the Site and as described in your Listing and according to the terms agreed to in your booking. You also agree to pay the applicable Service Fees to Shootfolder.com Pvt. Ltd..

4.4. Booking Price. You are solely responsible for setting the Booking Price (including applicable taxes, cleaning fees, and Hosts Services Fees). You may not raise the Booking Price for a particular Guest after the Guest accepts the booking. Shootfolder.com Pvt. Ltd. may determine, in its sole discretion, to refund the Guest part or all of the Booking Price in accordance with its policies, which means that where we are required to do so, you may not get all of the Booking Price, and where you don’t, Shootfolder.com Pvt. Ltd. will not be liable to you for any portion of the Booking Price that you do not receive.

4.5. Conditions of the Site. You are responsible for maintaining the Site and amenities so that Guests may reasonably use them as provided in the Description and booking. Sites and amenities must be in good working order and provided to Guests in a safe, clean and usable condition. Any plumbing, electrical, structural or other physical deficiencies or defects must be corrected or disclosed before you list a Site. All water, electricity, and other utility services (exclusive of telephone and data services) shall be provided with the Site at no additional cost. The condition of the Site must be broom-clean and accurate to its portrayal on your listings.

4.6. Recordings. Guests may photograph, film, or otherwise record events when using Sites and Amenities (“Event Recordings”). Except as expressly prohibited by territorial, local or other laws or as otherwise set forth in the Description or any other agreement, you grant to any Guest that books a Site a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense Event Recordings that may include or identify the Site or amenities.

4.7. Surveillance. As a Host, if you have any type of security camera, surveillance equipment or other recording device in or around your Site, you are required to disclose it in the listing, even if it is not turned on or functional. You are also required to disclose how a Guest may be monitored if a recording will take place. Hosts are not permitted to have any security cameras or other recording devices in private areas, such as bedrooms or bathrooms, regardless of whether they have been disclosed. For the avoidance of doubt, a private area will not include any portion of a Site that has been booked to carry out a commercial purpose (for example, a photo shoot for bedding which takes place in a bedroom).
4.8. Preparation for and Supervision of Event. As a Host, you are solely responsible for (i) preserving and protecting your Site and amenities by removing and/or securing valuable, vulnerable or sensitive items, (ii) determining the appropriate types and intensities of permitted uses in your Site, (iii) evaluating the appropriateness of potential Guests, and (iv) supervising and monitoring the Site and amenities and your Guest’s use of the Site and amenities, to the extent (if any) you as Host determine in your sole judgment. As a Host, you may subject to applicable law terminate a booking at any time and without advance notice or repayment of any payments to a Guest if you determine that (i) a Guest has materially misrepresented the proposed use for the booking; (ii) the proposed use of the Site by the Guest as actually planned or undertaken is not in compliance with the originally proposed booking; (iii) permitting the booking to continue would endanger the safety or security of the Site of your tenants and residents; or (iv) the use of the Site by the Guests during the booking creates an unreasonable noise, odour, nuisance, or otherwise disturbs the quiet enjoyment of the Site or your tenant’s or your ability to conduct the day-to-day business operations of the Site.

4.9. Contractual Disputes Between Users.Shootfolder.com Pvt. Ltd. may facilitate the resolution of disputes between users, but does not become a party to any contract by doing so. We are not responsible to you or any third party for providing, or for the condition or nature of, any Site, or Services. Hosts as well as the Guests, are independent third-parties and are not affiliated, controlled by, or employed by Shootfolder.com Pvt. Ltd.. Hosts set their own prices, use their own facilities and resources, and may apply conditions of use to Sites or Services as they feel is appropriate for their business. Hosts, and Guests are solely responsible for their interactions with each other, and any other parties with whom they interact. Shootfolder.com Pvt. Ltd. reserves the right, but has no obligation, to intercede in disputes. Users agree that Shootfolder.com Pvt. Ltd. will not be responsible for any liability incurred as the result of such interactions.

4.10. Non-Circumvention. Hosts, and Guests acknowledge that Shootfolder.com Pvt. Ltd. has devoted substantial time and resources in developing the Shoot Folder Website including its catalogue and Services, Sites Hosts, and Guests, and such information is inherently valuable information owned solely by Shootfolder.com Pvt. Ltd.. Accordingly, Hosts and Guests shall not circumvent or bypass Shootfolder.com Pvt. Ltd.’ ownership interest in such information, directly or indirectly, except in collaboration with or with the prior express written consent of Shootfolder.com Pvt. Ltd., by (1) entering into any transaction with any party introduced to it by Shootfolder.com Pvt. Ltd. through its platform similar to, in competition with, or which otherwise could have the effect of preventing Shootfolder.com Pvt. Ltd. from receiving the full benefit of the transactions contemplated at the Shoot Folder Website. If a Host or Guest breaches its obligations under this Non-Circumvention provision, the breaching party shall pay to Shootfolder.com Pvt. Ltd. an amount equal to 20% of the subtotal of the relevant booking (the “Liquidated Damages”). The parties intend that the Liquidated Damages amount will constitute compensation, and not a penalty. The parties also agree that the harm caused by such a breach would be impossible or very difficult to accurately estimate, and that the Liquidated Damages are therefore a reasonable estimate of the anticipated or actual harm that might arise from such a breach. A Host or Guest’s payment of the Liquidated Damages is his, her or its sole liability and entire obligation and Shootfolder.com Pvt. Ltd.’ exclusive remedy for any such breach.

4.11. Search Ranking. The ranking of the Sites in search results on the Shoot Folder Website depends on a variety of factors, including these main parameters:

• Guest search parameters (e.g. number of Guests, time and duration of the use, price range),
• Listing characteristics/ Description (e.g. price, calendar availability, number and quality of images, reviews, type of Host Service, age of the Listing, average Guest popularity),
• Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
• Host requirements (e.g. minimum or maximum period for use, booking cut-off time), and
• Guest preferences (e.g. previous bookings, saved listings, location from where the Guest is searching).

4.12. Insurance. Shootfolder.com Pvt. Ltd. requires that the Host and/or the Guest obtain insurance or review their existing policies and make sure their insurance covers any loss that may arise out of the use of that particular Site by the Guest, its invitees, vendors, clients, customers or licensees, including policies covering property damage, casualty, personal injury, fire, and general liability Shootfolder.com Pvt. Ltd. disclaims any and all liability for Host or Guest’s failure to be covered by sufficient Insurance.

4.13. Cancellations, Refunds and Booking Modifications: Please refer to the Cancellation and Refund Policy located at the URL www.shootfolder.com/cancellations.

5. TERMS APPLICABLE TO GUESTS

5.1 Booking a Property/ Site on the Shoot Folder Website. As a Guest, you are responsible for acquiring all the necessary permits from all relevant bodies (including but not limited to filming permits, parking permits etc.) and insurance policies as well as release forms and other documents relevant to the filming process to be performed at the Property during the booking period. Shootfolder.com Pvt. Ltd. cannot be held liable for the Guest not acquiring all the necessary permits and other documents relevant to the filming process to be performed at the Property during the booking period.

5.2 Overstaying without the Host's Consent. Guests agree that a confirmed booking is merely a license granted by the Host to the Guest to enter and use the Site for the limited duration of the confirmed booking and in accordance with the agreement with the Host. Guests are allowed to be present in the Property only within the designated hours that the Host specifies in the listing or such other time as mutually agreed upon between the Host and further agree to leave the Property no later than the checkout time that the Host specifies in the listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon designated hours or checkout time without the Host's consent, they no longer have a license to stay in the listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest for periods that the Guest stays over the agreed designated hours or period without the Host's consent to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave.

5.3 Damage to Properties/Site. As a Guest, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property. In the event that a Host claims otherwise and provides evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.

Hosts may choose to include security deposits in their listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Property. Shootfolder.com Pvt. Ltd. will use commercially reasonable efforts to address Hosts' requests and claims related to Security Deposits, but Shootfolder.com Pvt. Ltd. is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

6. GOVERNING LAW AND JURISDICTION

The governing law, jurisdiction and related matters with regards this Privacy Policy shall be in accordance with the ‘Terms of Use’.