The Warehouse – Media Application Terms & Conditions

Effective Date: 12/23/2025

These Media Application Terms & Conditions (“Terms”) govern all photography, videography, filming, audio recording, interviews, and other media-related activities (collectively, “Media Activities”) conducted at The Warehouse (SW VENUE LLC), located in Mesa, Arizona (the “Venue”). By submitting a media application, entering the Venue for Media Activities, or capturing any content on the premises, the applicant and all associated crew, agents, and representatives (collectively, “Applicant”) agree to be bound by these Terms.

1. Approval & Scope of Permission

1.1 Application Required. All Media Activities require prior written approval from The Warehouse. Approval may be granted or denied at The Warehouse’s sole discretion.

1.2 Limited License. Approval grants a limited, non-exclusive, non-transferable, revocable license to conduct the specific Media Activities described in the approved application, on the approved date(s) and time(s), and only in approved areas of the Venue.

1.3 No Guarantee of Access. Approval does not guarantee uninterrupted access. The Warehouse reserves the right to restrict, relocate, pause, or terminate Media Activities at any time for safety, operational, or community reasons.

2. Use of Content

2.1 Permitted Use. Content captured may be used only for the purpose(s) stated in the approved application. Any additional or changed use requires prior written consent from The Warehouse.

2.2 Commercial Use. Commercial, sponsored, branded, or monetized use of content requires explicit written authorization and may be subject to additional fees, agreements, or credits.

2.3 Credit. Where customary or requested, Applicant agrees to credit “The Warehouse – Mesa, Arizona” in published content.

2.4 No Implicit Endorsement. Content may not state or imply endorsement by The Warehouse, its owners, members, partners, or affiliates without prior written consent.

3. Ownership & Rights

3.1 Applicant Ownership. Subject to these Terms, Applicant retains ownership of original content they create.

3.2 Venue License. Applicant grants The Warehouse a perpetual, royalty-free, worldwide license to use, reproduce, edit, distribute, and display approved content captured at the Venue for promotional, archival, and marketing purposes, including digital, social, print, and advertising.

3.3 Member & Guest Content. Applicant is solely responsible for obtaining all necessary releases and permissions from identifiable individuals, vehicle owners, artists, and rights holders appearing in content.

4. Restrictions

4.1 Safety & Operations. Media Activities must not interfere with Venue operations, events, members, guests, or vehicles, nor create safety hazards.

4.2 Prohibited Conduct. Applicant may not:

• Block exits, drive lanes, or emergency access

• Use drones, pyrotechnics, smoke, fluids, or special effects without written approval

• Touch, move, or enter vehicles without owner consent

• Use profanity, discriminatory, defamatory, or unlawful content on-site

4.3 Equipment Limits. Lighting, rigs, generators, and sound equipment are subject to approval and may be restricted due to power, noise, or safety considerations.

5. Insurance & Liability

5.1 Insurance Requirement. The Warehouse may require proof of general liability insurance naming The Warehouse as an additional insured prior to approval.

5.2 Assumption of Risk. Applicant assumes all risks associated with Media Activities at the Venue, including risks related to vehicles, equipment, and industrial features of the property.

5.3 Indemnification. Applicant agrees to indemnify, defend, and hold harmless The Warehouse, its owners, members, employees, and affiliates from any claims, damages, losses, or expenses arising from Applicant’s Media Activities.

6. Damage & Cleanup

6.1 Responsibility for Damage. Applicant is responsible for any damage to the Venue, vehicles, artwork, or property caused by Applicant or their crew.

6.2 Restoration. Areas used must be returned to original condition immediately following Media Activities.

7. Fees & Deposits

7.1 Fees. Media fees, location fees, staffing fees, or security fees may apply and must be paid in full prior to the approved Media Activities unless otherwise agreed in writing.

7.2 Cancellations. Cancellation policies, including forfeiture of fees or deposits, will be outlined at the time of approval.

8. Termination

The Warehouse may revoke approval and terminate Media Activities at any time for violation of these Terms, safety concerns, or operational needs, without refund.

9. Compliance With Laws

Applicant agrees to comply with all applicable federal, state, and local laws, regulations, and permits related to Media Activities.

10. Miscellaneous

10.1 No Assignment. Applicant may not assign or transfer approval without written consent.

10.2 Governing Law. These Terms are governed by the laws of the State of Arizona.

10.3 Entire Agreement. These Terms, together with the approved application and any additional written agreements, constitute the entire agreement between the parties regarding Media Activities.

10.4 Severability. If any provision is held invalid, the remaining provisions shall remain in effect.

By submitting a media application or conducting Media Activities at The Warehouse, Applicant acknowledges that they have read, understood, and agreed to these Terms & Conditions.