Event Agreement & Waiver - Template, Sample Form Pro · US-law
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EVENT VENUE RENTAL AGREEMENT & WAIVER
State of ________
This Event Venue Rental Agreement & Waiver (this “Agreement”) is entered into and made effective as of ________ (the “Effective Date”), by and between the following parties:
________, a corporation organized and existing under the laws of the State of ________, having its principal place of business at the following address:
________
and
________, a corporation organized and existing under the laws of the State of ________, having its principal place of business at the following address:
________
Hereinafter, “Renter” shall refer to and be used to describe the following party: ________. “Host” shall refer to and be used to describe the following party: ________. Renter and Host may be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, Renter wishes to temporarily rent a venue owned or controlled by Host for a specific event (the “Venue”);
WHEREAS, Host wishes to permit Renter to rent such Venue upon the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1. GENERAL TERMS
1.1. The name of the Venue being rented under the terms of this Agreement is: ________. The address of the Venue is as follows:
________
1.2. The rental of the Venue, together with any and all services provided at the Venue and any additional facilities located within or appurtenant to the Venue (all of which shall collectively be referred to as the “Venue”), is subject to the terms of this Agreement, all parts and subparts of which are specifically incorporated herein by reference.
1.3. Host agrees to provide Renter the use of the Venue on the following date: ________ (the “Rental Date”). The Venue rental shall occur at the following time: ________.
1.4. The name of the event being held at the Venue is as follows: ________ (the “Event”).
1.5. The number of guests expected at the Event is as follows: ________.
§ 2. VENUE ACCESS
2.1. Host agrees to make the Venue available to Renter. The Venue shall include any adjacent parking lot.
2.2. Renter shall have access to the Venue on the Rental Date beginning at the following time: ________. Renter shall return access, including any keys or other materials, on the Rental Date at the following time: ________.
2.3. A representative or team of representatives of the Host shall be available during the Event. The specific duties of such representative or team shall be as follows:
________
§ 3. FEES AND PAYMENT
3.1. The total fees for the Venue rental shall be (the “Fees”): $________ (________).
3.2. A deposit in the following amount is required: $________ (________). The deposit is due on the following date: ________. The remainder of the balance on the Fees shall be due on the following date: ________.
3.3. Payments shall be made payable and delivered to:
________
3.4. A cleaning charge in the following amount is also due and payable with the Fees: $________ (________).
3.5. Any amount not paid when due shall accrue interest at the rate of ________% per annum, or the maximum rate permitted by applicable law, whichever is less, until paid in full.
§ 4. RESPONSIBILITIES OF RENTER
4.1. Renter shall be responsible for all costs and expenses incurred in connection with the Event taking place at the Venue, including, without limitation, food and service expenses, if any. If any alcohol is to be served, sold, or brought onto the premises, a separate written agreement is required, and Renter shall obtain and maintain all licenses, permits, and insurance required by applicable law.
4.2. All caterers or catering organizations must be approved in writing, in advance, by Host.
4.3. If there are to be additional sellers of goods or booths set up within the Event, a separate written agreement is required.
§ 5. EVENT SETUP
5.1. Set-up and tear-down of any equipment owned by Host and provided at the Venue shall be performed before and after the Event by employees of the Venue.
5.2. If candles are used, they must be kept in a safe container to reduce the risk of fire or fire-related damage.
5.3. Any additional items brought by the Renter, such as chairs, tables, stages, decorations, and the like, must be approved by the Host at least the following amount of time before the Event: ________.
5.4. Renter is required, and agrees, to lock all doors, turn off all lights, and set alarms before permanently exiting the Venue.
5.5. Upon completion of the Event, Renter shall return all keys and other tangible items belonging to the Host.
5.6. Renter is permitted to use videography and photography at the Venue. However, Renter is responsible for obtaining all necessary consents from the parties filmed and photographed. If Renter duplicates and distributes recordings from the Event, Renter agrees that such recordings shall not contain any obscene, illicit, pornographic, illegal, racist, sexual, or defamatory content, or any other content that would infringe upon the rights and freedoms of another person, whether or not that person was a participant in the Event.
§ 6. CONDITION OF PREMISES
6.1. Renter agrees and acknowledges that the premises are in good repair and well maintained.
6.2. Renter agrees to be held liable for any damage to the Venue beyond what is considered “normal wear and tear.” Any aesthetic, electrical, structural, or mechanical damage caused by the Renter, the Renter’s staff, the Renter’s guests, the Renter’s affiliates, or invited staff shall be the sole responsibility of the Renter to pay, in full, to the Venue. Damages shall be assessed by an independent contractor appointed by the Venue, and Renter agrees to pay the amount quoted by such contractor for any repairs.
§ 7. EVENT GUESTS
7.1. The number of guests shall not exceed the following maximum: ________.
7.2. If the number of guests changes from the initial assessment in this Agreement, the Renter must inform the Venue at least the following amount of time before the Event: ________.
§ 8. SUBSTANCE POLICIES
8.1. The use of any illegal narcotics or unauthorized controlled substances on the premises of the Venue is expressly prohibited by the Venue and by applicable law. Failure to ensure that the Venue is kept as a drug-free location, due to the Renter’s negligence or disregard, is subject to legal action by the Venue and by applicable local, state, and federal courts.
8.2. Smoking of tobacco products is permitted only in designated smoking areas. Failure to ensure that the Venue is kept smoke-free, due to the Renter’s negligence or disregard, is subject to an additional cleaning fee in the following amount: $________ (________).
§ 9. INSURANCE
9.1. Renter shall, at its sole expense, procure and maintain in full force and effect throughout the term of this Agreement commercial general liability insurance with limits of not less than $________ per occurrence, covering bodily injury, property damage, and personal injury arising out of the Event. Renter shall name Host as an additional insured and shall provide a certificate of insurance evidencing such coverage to Host no later than ________.
§ 10. SECURITY
10.1. The Host, through Venue employees, shall provide security for the Event.
§ 11. ASSUMPTION OF RISK, WAIVER, AND RELEASE
11.1. Renter, on behalf of itself and its guests, staff, affiliates, and invitees, knowingly and voluntarily assumes all risks of loss, damage, or injury arising out of the use of the Venue and participation in the Event.
§ 12. TERMINATION
12.1. This Agreement may be immediately terminated in the event of a breach of any of the terms contained herein. This Agreement shall also immediately terminate upon the death of the Renter, the inability of either Party to perform because of a sudden and medically documented physical or mental disability, the liquidation, dissolution, or discontinuance of the operation of the Venue by the Host in any manner, or the filing of any petition by the Host or Renter under federal or state bankruptcy or insolvency laws.
12.2. Host reserves the right to terminate this Agreement for any reason and at any time. Host also reserves the right to refuse entry to Renter’s guests, staff, or affiliates if suspected of any suspicious or illegal activity. Host may also terminate this Agreement if the Renter or any of Renter’s affiliates violates any of the terms of this Agreement in any way.
12.3. Renter may terminate this Agreement as noted above and as follows:
a.) In cases of Host fraud;
b.) With prior notice as follows: ________. Renter shall also be required to pay the following penalty: $________ (________).
§ 13. NOTICES
13.2. Current email addresses for the Parties are as follows:
Host Email: ________
Renter Email: ________
§ 14. INDEMNIFICATION
14.1. Renter agrees to defend and indemnify Host and any of its affiliates and hold them harmless against any and all legal claims and demands, including reasonable attorneys’ fees, which may arise from or relate to Renter, Renter’s affiliates, guests, or employees, the use or misuse of the Venue and any services therein, Renter’s breach of this Agreement, or the conduct or actions of any of Renter’s affiliates, guests, and employees. Renter agrees that Host shall be entitled to select its own legal counsel and may participate in its own defense if so desired.
§ 15. LIMITATION OF LIABILITY
15.1. To the fullest extent permitted by applicable law, in no event shall Host or any of the Released Parties be liable to Renter for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to this Agreement, and the aggregate liability of Host arising out of or relating to this Agreement shall not exceed the total Fees actually paid by Renter to Host hereunder.
§ 16. FORCE MAJEURE
16.1. Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than the payment of money already due) to the extent such failure or delay is caused by circumstances beyond its reasonable control, including, without limitation, acts of God, fire, flood, natural disaster, epidemic or pandemic, governmental order, war, terrorism, or civil unrest.
§ 17. ASSIGNMENT
17.1. Renter shall not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Host. Any purported assignment in violation of this Section shall be null and void.
§ 18. ENTIRE AGREEMENT
18.1. This Agreement constitutes the entire understanding between Host and Renter with respect to any and all use of the Venue. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, whether written or oral, regarding the use of the activities or facilities. This Agreement may be amended only by a written instrument signed by both Parties.
§ 19. SEVERABILITY
19.1. In the event that any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Upon such determination, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
§ 20. GOVERNING LAW AND VENUE
20.1. This Agreement shall be governed by and construed in accordance with the internal laws of the State of ________, without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county for any legal suit, action, or proceeding arising out of or based upon this Agreement: ________.
§ 21. COUNTERPARTS
21.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Delivery of an executed counterpart by electronic transmission shall be deemed effective delivery of an original.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
RENTER:
________________________________________
Renter Name: ________
________________________________________
Renter Representative Name: ________
________________________________________
Renter Representative Signature
Date: ________
HOST:
________________________________________
Host Name: ________
________________________________________
Host Representative Name: ________
________________________________________
Host Representative Signature
Date: ________
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