Terms of Service

Jen Tough Gallery & Studios – Terms of Service

Last updated: September 2025

Welcome

Jen Tough Gallery & Studios was created by our family to provide a warm, inspiring, and supportive environment for artists. Every detail was built with care and intention. Because we are a small, community-centered business, it is important that everyone treats the property with respect so that others can enjoy it as well.

These Terms of Service outline the responsibilities and agreements that protect both you and our space. By reserving and using our studios or accommodations, you agree to abide by these terms so that together we can maintain a safe, creative, and welcoming environment for all.

Agreement

The Host (Jen Tough Gallery, LLC) and the Guest (Artist) agree as follows:

  • License – Host grants a non-transferable license to occupy and use the reserved Space during the agreed Term.

  • House Rules – Guest agrees to follow the House Rules listed below, as well as building security procedures.

  • Payment – Guest agrees to pay all Fees, Charges, Deposits, and Taxes as outlined in this Agreement.

  • Entire Agreement – This document is the full and complete agreement between Host and Guest and replaces all prior understandings.

Key Definitions

  • Agreement Time – the date and time the Space is booked via email with Host.

  • Host – Jen Tough Gallery, LLC.

  • Guest – the Artist.

  • Space – the studio or accommodation reserved by Guest.

  • Building – the property in which the Space is located.

  • Term – the reservation period authorized by Host.

  • Fees/Charges/Taxes – amounts set by Host and due from Guest for the Space.

License Terms

Compliance

You agree that you and your Invitees (associates, guests, contractors, etc.) will follow this Agreement and the House Rules. Guests who do not abide and comply with this agreement may be asked to leave, and will not be given refunds for any reason.

Condition of Space

The Space is provided “as-is.” If Host cannot deliver the reserved Space at the start of the Term, you may cancel with no penalty and receive a full refund.

Use of Space

  • Spaces are for an artist residency, and invited artists are expected to use the space and their time here with the primary purpose of making art

  • No illegal activity, illegal drugs, harassment, or disruptive behavior permitted

  • Quiet hours: 9pm–9am daily.

  • No exceeding maximum occupancy.

  • No unapproved alterations (other than rearranging movable furniture in art studios).

  • No hazardous materials. PRIOR PERMISSION NEEDED FOR PETROLEUM/OIL BASED ART SUPPLIES.

  • Guests violating these rules may be asked to leave immediately with no refunds.

Host Access

Host may enter the Space at any time. Courtesy notice will be given unless it is an emergency.

Care & Condition

  • Guests must return the Space in good condition (normal wear and tear expected).

  • You are responsible for damages caused by you or your Invitees.

  • Report damage immediately (within 2 hours of discovery) in person or via text (505) 718-1957

Common & Shared Areas

Guests have non-exclusive use of shared kitchen, dining, patios, lobby/lounge, art book library and other shared facilities. These may be modified by Host at any time.

Keys & Security

  • Keys and access codes remain Host property.

  • Lost keys must be reported immediately; replacement costs of $150 are the Guest’s responsibility.

  • Door codes may not be shared.

Business & Representation

Guests may not claim representation by Jen Tough Gallery, LLC. Promotion is at gallery discretion. Gallery does not sell resident artists’ work during residencies.

Exhibition

Resident Artists may submit 3 works for the following year’s Resident Artist Exhibition. Participation is subject to completion of residency (art making was primary focus), compliance with Terms, and Host discretion.

Mail & Packages

Guests may receive mail/packages but Host is not responsible for lost, stolen, or misdelivered items. Guests can send supplies or art prior to arrival. Please mark packages to your name, and deliver to: Jen Tough Gallery, 4 N Chamisa Dr, Santa Fe, NM 87508 (505) 718-1957

POLICIES

Conduct & Non-Discrimination

  • Host maintains an equal opportunity, anti-discrimination, and anti-harassment policy.

  • Discrimination or harassment by Guests or Invitees will result in immediate termination with no refunds.

Damages & Insurance

  • Guest is liable for damages beyond normal wear and tear.

  • Guest is responsible for insuring personal property and assumes all risk of loss, theft, or injury.

  • Guest waives recovery rights against Host for loss of personal property.

Cancellation

All Fees, Charges, and Taxes paid by Guests are non-refundable, except as expressly stated in this Agreement.

SEE OUR CANCELLATION POLICY HERE

Indemnity

You agree to indemnify, defend and hold the Host harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with your and your Invitees' use of a Space, Common Areas or Shared Facilities, or any violation of applicable law, this Agreement or House Rules. 

Disclaimer

EXCEPT AS PROVIDED HEREIN AND IN ANY HOUSE RULES, THE HOST IS PROVIDING ITS SPACE TO THE GUEST "AS IS," AND HOST DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SPACE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOST CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE TO GUEST, ANY SPECIFIC RESULTS FROM USE OF THE SPACE. HOST DOES NOT REPRESENT OR WARRANT THAT THE SPACE WILL MEET YOUR REQUIREMENTS; THAT THE SPACE MEETS APPLICABLE LEGAL STANDARDS OR IS SAFE AND SUITABLE FOR YOUR INTENDED USE.

Liability

IN NO EVENT WILL HOST OR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO GUEST OR ANY PARTY CLAIMING THROUGH GUEST, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM THE GUEST’S USE OF THE SPACE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM HOST’S WEBSITE, OR GUEST’S USE OF THE SPACE, EVEN IF THE HOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOST'S LIABILITY TO GUEST OR ANY PARTY CLAIMING THROUGH GUEST, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID FOR THE SPACE, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

THE PARTIES SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HOSTS / JEN TOUGH GALLERY LLC AND THE OWNERS AND STAFF FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SPACE, OR ANY VIOLATION OF APPLICABLE LAW, THIS AGREEMENT OR HOUSE RULES. 

Suspension of Services

The Host may by notice suspend the provision of services (including access to the Space) for reasons of political unrest, strikes, terrorism, Acts of God or other events beyond the Host’s Reasonable control. This Agreement shall automatically terminate if the Space is rendered unusable as a result of a fire, other casualty or a condemnation. As between Host and Guest, all proceeds of any condemnation award shall belong to Host and all insurance proceeds of Host shall be retained by and belong to Host.  The Host may also suspend the provision of services (including access to the Space) in the event the Space or the Building is being renovated or repaired, in which event you will be relocated to another space within the building all at the Host’s reasonable cost.

Sublicensing

You may not sublicense, assign, transfer any interest in this Agreement or allow any third party to use any portion of the Space, the Shared Facilities or the Common Areas. 

No Lease

YOU ACKNOWLEDGE THAT THIS AGREEMENT IS NOT A LEASE OR ANY OTHER INTEREST IN REAL PROPERTY. IT IS A CONTRACTUAL ARRANGEMENT THAT CREATES A REVOCABLE LICENSE. The parties do not intend to create a lease or any other interest in real property for the benefit of Guest through this Agreement.  The Host retains legal possession and control of the Space assigned to Guest. This Agreement and the License granted hereunder shall terminate simultaneously with the termination of the operation of the Host Area for any reason at no cost or penalty to Host. When this Agreement expires or is earlier terminated, your license to occupy the Space shall automatically be revoked. You agree to remove your personal property and leave the Space as of the date of such expiration or termination. The Host is not responsible for your personal property left in the Space after expiration or termination. If you fail to remove your personal property, at the Host’s option, such personal property shall (a) be deemed conveyed to the Host and shall become the property of the Host, or (b) be removed from the Space by the Host at the Guest’s expense.

Subordination

This Agreement and any applicable House Rules are subordinate to any underlying lease, mortgage, deed of trust, ground lease or other lien now or subsequently arising upon the Space or the Building and to renewals, modifications, refinancings and extensions thereof including the Host’s lease with the Host’s landlord and to any other agreements to which the Host’s lease is subordinate.

Jurisdiction

This Agreement shall be interpreted and enforced in accordance with the laws of the state of New Mexico.

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House Rules

  • Please respect other resident artists, property, and community spaces at all times.

  • The primary purpose of the artist residency is to focus on art making.

  • Pets are not permitted without prior written permission (including service animals).

  • PRIOR PERMISSION REQUIRED FOR PETROLEUM/OIL BASED MEDIA DUE TO ENVIRONMENTAL DISPOSAL LIMITATIONS AND FELLOW ARTISTS’ HEALTH CONCERNS. FAILURE TO NOTIFY GALLERY PRIOR TO ARRIVAL MAY RESULT IN FEES FOR WASTE DISPOSAL OR CANCELLATION OF RESIDENCY.

  • Dumping oil based media or acrylic paint “sludge” down drains may result in a $500 septic pumping fee

  • Quiet hours: 9pm–9am daily.

  • No amplified music; please use headphones.

  • No smoking or vaping indoors or outdoors.

  • All spaces must be returned to near-arrival condition. Normal wear and tear is expected.

  • Due to our rural area, keep unscreened doors/windows closed to prevent pests (snakes, mice, spiders).

  • Please report issues promptly (leaks, standing water, broken fixtures, outages, etc.) so we can address.

  • Air conditioning must be turned off when leaving. Doors and windows must be shut when in A/C in use.

  • $150 charge for doors/windows open with A/C running, or A/C on when gone more than 60 minutes.

  • Intentional property damage and/or theft may result in police filings and/or civil action.

  • Art books must stay on property. Please return when finished.

  • Video cameras monitor shared/public spaces, indoors and out. No cameras in private areas.

  • Discounts or refunds are not given for early departure or late arrivals.

  • Host may refuse service or terminate stay for any violations of our agreement, including behavior that disturbs other resident artists, at host’s discretion, with no refunds or discounts.

  • Text us with questions or concerns prior to or during your stay: (505) 718-1957 Non-emergency texts received outside normal working hours may be returned the following day.

  • Check-in is after 3:00 pm (please inquire about early check-in)

  • Self check-in after 8:00 pm

  • Check-out is by 11:00 am (please inquire about late check-out)