These Venue Terms of Use apply to all reservations at TEN32 Midtown, including Fixed Time Slot Event Rentals, Flexible Start Time Event Rentals, Production Rentals, meetings, private events, photo shoots, video productions, interviews, podcasts, content creation and every other approved use of the Venue.

For purposes of these Terms, LX Hospitality LLC doing business as TEN32 Midtown is referred to as the “Venue,” and the person or company identified in the reservation is referred to as the “Renter.” The Renter confirms that they are at least 18 years old and legally authorized to accept these Terms personally and on behalf of any company or organization identified in the reservation.

 

General Venue Terms (Applicable to every reservation)
 

Controlling Agreement
Every reservation is also governed by its Booking Summary and the rental specific agreement, policies, acknowledgments, selected options and charges accepted during booking. If there is any difference between these general Venue Terms and the rental specific terms accepted during booking, the rental specific terms will control.
 

Reservation and Payment
A reservation is confirmed only after the Venue receives all required information, payment and written confirmation. Prices, selected options, dates, times and charges shown in the Booking Summary are incorporated into these Terms.
All payments are final, nonrefundable and nontransferable. Cancellations, rescheduling, transfers, date changes, time changes, reductions in reserved time and other booking modifications are not permitted unless expressly approved in writing by authorized Venue management.
Late arrival, early departure, failure to use reserved time, failure to provide required insurance, failure to obtain required approvals or termination resulting from a policy violation does not qualify for a refund, credit or extension.
If the Venue cancels the reservation or is unable to provide the booked Venue, the Renter will receive a refund of the amount paid or another remedy agreed to in writing.
 

Rental Time and Overtime
The reserved rental period includes all access, deliveries, vendor access, load in, setup, event or production activity, cleanup, breakdown, removal of belongings, load out and departure. Early access is not included unless expressly stated in writing.
Every guest, vendor, staff member, contractor, piece of equipment, decoration, delivery, personal belonging and other item connected to the reservation must be removed before the scheduled ending time. The Venue must be fully vacated by that time.
Additional time is subject to availability and prior written approval. Unauthorized overtime is billed in full hour increments at one and one half times the applicable hourly rate or at the rental specific overtime rate stated during booking. Payment of overtime charges does not guarantee continued access or prevent the Venue from ending the reservation.
 

Attendance and Capacity
Attendance includes every guest, vendor, DJ, performer, photographer, bartender, caterer, planner, assistant, security professional, staff member, cast member, crew member, client, talent and any other person entering the Venue in connection with the reservation.
The Renter must provide an accurate total attendance count and may not exceed the limit for the selected rental. The Venue has a maximum capacity of 70 total individuals. Rental specific limits may be lower.
The Renter must remain onsite throughout the reservation unless otherwise approved in writing and is responsible for the conduct of every person associated with the reservation.
 

Approved Use
The Venue may be used only for the activity disclosed during booking and approved by the Venue. The Renter may not materially change the purpose, format, attendance, vendors, equipment or activities connected to the reservation without prior written approval.
Illegal, dangerous, disruptive, deceptive or unauthorized activity is prohibited. The reservation may not be transferred, assigned, resold, sublicensed or used by another person or organization without prior written approval.
 

Insurance, Permits and Legal Compliance
Valid event or production liability insurance is required. The Venue may require a Certificate of Insurance naming LX Hospitality LLC doing business as TEN32 Midtown, the landlord, building owner, building management and other required parties as additional insureds.
If alcohol will be served, liquor liability coverage is also required. Proof of all required insurance must be provided before the event or production. Failure to provide required coverage may result in denial of access without refund.
The Renter is responsible for obtaining and maintaining all permits, licenses, releases, consents and legal approvals required for the reservation, including permits and releases relating to production activity, copyrighted content, performers, music, alcohol, special effects and equipment.
 

Alcohol
Alcohol is permitted only when disclosed during booking or expressly approved in writing. An approved professional bartender is required. Guests may not serve themselves alcohol, and alcohol may not be sold at the Venue.
Red wine and shot service are prohibited. Alcohol may be served only to persons legally permitted to consume alcohol. Underage drinking, unlawful alcohol service or failure to follow bartender and insurance requirements may result in immediate termination without refund.
Alcohol service must end at least 30 minutes before the scheduled reservation ending time.

Food, Catering and Cleanup
All catering and organized beverage service must be disclosed before the reservation. Caterers and vendors must protect Venue surfaces, clean their work areas and remove all equipment, supplies, food, beverages, packaging, food waste and belongings before the scheduled ending time.
Food trays and Sterno cans must be placed on elevated catering stands and may not be placed directly on Venue tables or other surfaces. The Renter is responsible for all utensils, cups, ice, water and catering supplies unless otherwise agreed in writing. Glass serviceware should not be used without approval.
Excessive trash, spills, stains, grease, odors, abandoned items or cleaning beyond normal turnover may result in additional charges. Cleanup involving vomit, urine, blood or other bodily fluids carries an initial $500 remediation charge, plus additional documented costs where applicable.

Smoking and Prohibited Activity
Smoking, vaping, hookah, marijuana and illegal substances are prohibited inside the Venue, throughout the building and directly outside the building entrance.
A smoking or vaping violation may result in an initial $500 remediation charge, immediate termination of the reservation without refund and additional documented cleaning, building or remediation costs.
Weapons, fighting, threatening conduct, unsafe activity, illegal gambling, unlawful sales and activity that interferes with building operations, neighboring occupants or public safety are prohibited.

Sound, DJs and Outside Equipment
Outside speakers, subwoofers, public address systems and other amplified sound equipment require prior written approval. DJs may not bring, connect or operate their own speakers without written approval.
The Venue may control volume levels and require sound to be reduced or stopped to comply with building requirements, safety concerns or legal obligations. Failure to follow a sound instruction may result in termination of amplified sound or the reservation.
Venue equipment may not be disconnected, relocated, altered, reprogrammed or tampered with. The Renter is responsible for ensuring that all outside equipment is safe, properly installed and removed within the reserved time.

Decorations, Furniture and Venue Surfaces
Only decorations approved by the Venue are permitted. Confetti, glitter, nails, screws, staples, command hooks, glue and permanent or damaging adhesives are prohibited. Paint safe tape may be used only on surfaces approved by Venue management.
Furniture may not be moved without approval and must be returned to its original position before departure. Guests may not stand, climb or sit on tables, countertops, bar surfaces or furniture not intended for seating.
The Renter is responsible for damage caused by guests, vendors, furniture movement, decorations, equipment or event materials.

Building Access and Conduct
The primary guest entrance is located at 1032 6th Avenue, Room 201, New York, New York 10018. Guests should buzz “TEN32 Midtown” at the entrance.
Large equipment, carts, cases, furniture, catering supplies, set materials and deliveries must use the freight entrance at 70 West 39th Street, New York, New York 10018. Freight access and vendor arrival arrangements must be submitted in writing to info@ten32midtown.com. All loading activity must occur within the reserved time unless otherwise approved in writing.
The freight entrance and freight elevator at 70 West 39th Street are the building’s designated continuous access route and are intended to remain available throughout the reservation. The passenger elevator serving the 1032 6th Avenue entrance is subject to building operating conditions, maintenance, mechanical issues and temporary closure. Temporary unavailability of the passenger elevator does not constitute Venue unavailability or provide a basis for a refund, credit, extension or booking modification when another building access route remains available.
Deliveries may not be left unattended in the lobby, hallways, freight area, outside the Venue or in any building common area. The Renter or an authorized representative must be present to receive, supervise and remove every delivery within the reserved time. Venue staff are not responsible for accepting, signing for, storing or supervising deliveries unless expressly agreed in writing.
Guests and vendors may not gather, drink, smoke, create disturbances or leave equipment in hallways, elevators, stairwells, entrances or other common areas. Food and beverages must remain inside the Venue. Entrances, exits and emergency routes must remain clear. Building doors may not be propped open.
The Renter is responsible for communicating the correct entrance and freight instructions to every guest and vendor before the reservation.

Venue Staff, Security and Safety
A Venue representative, manager, security professional or other authorized staff member may remain onsite, verify attendance, monitor safety, enforce these Terms and stop unsafe, illegal or prohibited activity. Venue staff may not be asked to leave.
The Venue may require security personnel, additional staffing or other safety measures based on attendance, alcohol service, event format, risk or building requirements. The Renter is responsible for all related charges.
Venue staff do not provide decorating, catering, bartending, serving, production assistance or event coordination unless separately agreed in writing.

Security Cameras
Video surveillance may operate in entrances, common areas and operational areas for safety, security and documentation. Cameras are not located in restrooms or private changing areas. Cameras may not be blocked, covered, unplugged, redirected or disabled.

Written Communication and Approvals
All requests, notices, approvals, changes, delivery arrangements and exceptions must be submitted in writing to info@ten32midtown.com.
Only written approval from authorized Venue management is valid. Onsite staff, contractors, vendors, security personnel and personal messages do not have authority to approve booking changes, overtime, refunds, credits, equipment, alcohol, attendance changes or exceptions.
Verbal discussions, prior accommodations or exceptions granted for another reservation do not modify these Terms or create a right to future exceptions.

Damage and Additional Charges
The Renter is responsible for property damage, missing items, excessive cleaning, overtime, additional attendance, additional staffing, security expenses, building charges, fines and other documented costs caused by the Renter, guests, vendors, contractors or activities connected to the reservation.
A documented material policy violation may result in an initial $250 violation and remediation charge, plus additional documented costs. This charge does not limit the Venue’s right to stop the activity or terminate the reservation.
The Renter authorizes the Venue to charge the payment method associated with the reservation for amounts permitted under these Terms and the rental specific agreement.

Personal Property
The Venue is not responsible for lost, stolen, forgotten or damaged property, equipment, footage, media, decorations, food or personal belongings. Items left after the reservation may be discarded, stored or removed at the Renter’s expense.

Policy Violations and Event Termination
The Venue may deny entry, remove individuals, stop alcohol service, stop sound or production activity, require immediate correction or terminate a reservation for excessive occupancy, underage drinking, unlawful alcohol service, smoking, illegal activity, threatening or unsafe conduct, property damage, serious disruption, prohibited equipment or refusal to follow Venue or building instructions.
A reservation terminated because of serious or repeated violations is not eligible for a refund or credit. The Renter remains responsible for overtime, damage, cleaning, staffing, security, building and remediation costs resulting from the violation.

 

Fixed Time Slot Event Rental (Rental specific terms)
 

Fixed Time Slot Event Rental Terms
The Fixed Time Slot Event Rental provides four consecutive hours of Venue access for $1,000 during the advertised fixed time slots. The reservation is limited to 49 total individuals, including all guests, vendors and staff.
The four hour period includes setup, deliveries, vendor access, event time, cleanup, breakdown, removal of belongings and departure. The Venue must be fully vacated by the scheduled ending time.
Overtime is subject to availability and prior written approval, is limited to a maximum of one additional hour and is billed at $500.
The discounted Fixed Time Slot reservation is final upon confirmation. Cancellations, rescheduling, transfers, date changes, time changes and booking modifications are not permitted unless expressly approved in writing.
 

 

Flexible Start Time Event Rental (Rental specific terms)
 

Flexible Start Time Event Rental Terms
The Flexible Start Time Event Rental begins at $1,500 and includes four consecutive hours of Venue access. Additional reserved hours may be selected during booking at $300 per hour, subject to availability. The reservation is limited to 70 total individuals, including all guests, vendors and staff.
The total reserved time includes setup, deliveries, vendor access, event time, cleanup, breakdown, removal of belongings and departure. Additional hours selected during booking become part of the confirmed reservation period.
The reservation is final upon confirmation. Cancellations, rescheduling, transfers, date changes, time changes, reductions in reserved time and other booking modifications are not permitted unless expressly approved in writing.

 

Production Rental (Rental specific terms)
 

Production Rental Terms
The Production Rental is intended only for approved photography, video productions, interviews, podcasts and content creation. Parties, celebrations, social events, DJs, dancing, performances and event activity are not permitted under Production pricing unless separately approved in writing and booked at the applicable Event Rental rate.
Production Rentals have a three hour minimum for $300. Additional approved production time may be selected during booking at $100 per hour. Production pricing is limited to a maximum of 19 total individuals, including every cast member, crew member, photographer, producer, director, assistant, model, performer, stylist, vendor, client, talent and guest.
Reservations involving 20 or more total individuals are subject to Event Rental pricing, with a four hour minimum and additional reserved hours billed at $300 per hour.
The reserved production time includes all access, equipment load in, setup, production activity, cleanup, breakdown, equipment removal, load out and departure. Approved additional time is billed at $100 per hour in full hour increments. Unauthorized production overtime may be billed at $150 per hour with a one hour minimum.
Major equipment, rigging, high draw lighting, generators, lifts, cranes, suspended equipment, special effects, animals, weapons, stunts, drones, smoke, haze, fog, pyrotechnics, open flames, water effects, sand, powders, oils and other hazardous or damaging materials require prior written approval and all legally required permits.
TEN32 Midtown is not a soundproof studio and does not guarantee silent recording conditions. The Renter must provide all required production audio equipment, cables, adapters, media storage, permits and releases.
Food, catering and alcohol are prohibited during Production Rentals unless expressly approved in writing. All approved catering and organized beverage service must be disclosed before the production. If food or beverage is approved, a $200 Food and Beverage Cleanup Fee applies and covers normal post rental cleaning only. Approved alcohol service must comply with all insurance, professional bartender and legal requirements. Alcohol may not be sold or self served.

Legal Terms (Applicable to every reservation)
 

Indemnification
To the fullest extent permitted by law, the Renter agrees to defend, indemnify and hold harmless the Venue, its owners, members, managers, employees, agents and representatives, together with the landlord, property owner, building management, property managers and their respective employees, agents, contractors and representatives, from third party claims, damages, liabilities, losses and reasonable costs arising from the acts or omissions of the Renter, guests, vendors, contractors or other individuals associated with the reservation.
This includes claims involving bodily injury, property damage, equipment, alcohol related incidents, permits, releases, intellectual property, violations of law and violations of these Terms. This obligation does not apply to the extent a claim results from the negligence, gross negligence or willful misconduct of the party seeking indemnification. This obligation survives the reservation.

Limitation of Liability
To the fullest extent permitted by law, the Venue is not responsible for lost profits, lost revenue, lost footage, lost production costs, equipment loss, business interruption or other indirect, incidental, special or consequential damages.
Except where prohibited by law or where a claim results from the Venue’s gross negligence or willful misconduct, the Venue’s total liability relating to a reservation will not exceed the amount paid to the Venue for that reservation.

Venue Unavailability and Events Beyond Control
If an emergency, building condition, government action, utility interruption, severe weather, casualty, labor disruption, public safety concern or other condition beyond the Venue’s reasonable control prevents access or use, the Venue may offer a new date, credit, refund or another remedy agreed to in writing as the sole remedy for the affected reservation.

Governing Law, Severability and No Waiver
These Terms are governed by the laws of the State of New York. Any legal action relating to a reservation must be brought in a court of competent jurisdiction located in New York County, New York.
If any provision is found invalid or unenforceable, the remaining provisions will continue in effect. A failure or delay by the Venue in enforcing any provision does not waive the right to enforce that provision or any other provision later.

Entire Agreement and Electronic Acceptance
These Terms, the Booking Summary and the rental specific terms accepted during booking contain the complete agreement concerning the reservation and replace prior discussions, representations and understandings concerning the same subject. Any amendment or exception must be approved in writing by authorized Venue management.
By checking the required acceptance boxes, entering a full legal name, submitting the reservation and making payment, the Renter confirms that they have read, understood and agreed to these Terms, the Booking Summary and the rental specific agreement. These actions constitute the Renter’s electronic signature and intent to be legally bound.

Contact
All communications, requests and approvals relating to a reservation must be submitted in writing to info@ten32midtown.com.