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HomeMy WebLinkAbout2018-830-Visitor Bureau-Extraordinary Ventures Rental Agreement Qontract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd 5 Page 1 of 9 THE EVENT CENTER EXTRAORDINARY VENTURES Extraordinary Ventures RentI Agreement Event Sponsor ' s Name : Visitors Bureau Name of Organization / Event : OPTIMIZE YOUR ONLINE PRESENCE Primary Contact ' s Name : Marlene Barbera Phone : 919 - 245 - 4323 Primary Contact ' s Email : mbarberaC@visitchapelhill . org Billing Address : i I � I i i Event Details : Date of Event ( s ) : Tuesday, May 15 , 2018 j Rental Start Time : (includes set- up time) 2: 00 pm Rental End Time : (includes clean - up times) 4: 00 pm i Room ( s ) Reserved : Great Hall Expected Attendance : Alcohol : _________Yes No Rental Items : Yes __X_____ No Event Charges Basic Event Price : $ 200 Cleaning Fee : $ 100 Additional Rental Items : $ 0 Security Deposit : $ WAIVED Total Rental Amount : $ 300 This document serves as a binding agreement between the Sponsor (Visitors Bureau ) , hereafter known as the Sponsor and Extraordinary Ventures , hereafter known as EV . The Sponsor desires to use the services of EV for their (OPTIMIZE YOUR ONLINE PRESENCE) on (Tuesday , May 15 , hops : /Aheeventcenter . 17hats . com/p 4/24/2018 Contract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd Page 2 of 9 2018 ) . Both parties agree to abide by the following conditions . Sponsor 's Initials here; Methods of Payment Cash , checks , credit cards and money orders are accepted Checks should be made payable to ; Extraordinary Ventures, Inc, Security Deposit will be deposited and held until after completion of the event and returned unless damages occur or there is a breach in the Rental Policy Agreement . Section L. Reservations , Payments , and Cancellation i Reservations : i To reserve a date and time for an event at the Event Center (" reservation ") , the Host must read j this Agreement , sign and date it confirming full understanding of all terms , conditions , � responsibilities , rules and regulations , and submit payment to cover the Non - refundable Reservation Fee of 25 % of Total Event Charges to the Event Center Director . Until all steps outlined above are completed , a reservation is not confirmed and the Event Center Director at their sole discretion may book the space to another party . i Sponsor's Initials here: f I Payment : Payment must be made in full at the time of the initial reservation or in installment payments according to the Three - Step Payment Schedule as shown on Page 1 . Full payment for the entire event , including the Security Deposit , must be received by Event Center Director no later than 30 days prior to the event. All late payments must be approved by the Event Center Director . Any late payment may be subject to an late payment fee of 20% of the amount then due . Any payment that is returned for insufficient funds , or for any other reason , will be subject to a $ 200 or 50 % fee , whichever is greater , and the Event Center Director may at their sole G discretion cancel a reservation and collect the owed funds plus the penalty fee . Event Cancellation Policy : If an event is canceled by Host within 5 business days of initial reservation , any amounts paid by Host will be returned by Event Center without consequence . If an event is canceled by Host anytime thereafter , the Non-refundable 25 % Reservation Fee (the payment that reserves a spot on the Event Center calendar) will not be returned under any circumstance . If an event is canceled by Host within 90 days of the date of the event , the Non-refundable Confirmation Charge will be forfeited . There are no exceptions to this policylAll cancellation requests must https : //theeventeenter . 17hats . com/p 4/24/2018 Contract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd Page 3 of 9 be received by Event Center Director in writing . Sponsor"s Initials here: Section II . Event Center ' s Rights and Responsibilities On - site Management : Event Center agrees to provide Event Center staff to meet with Host at a time mutually agreed by Host and Event Center Director on the day of Host' s event . Event Center staff will open the facility , provide Host or Host ' s designee with an additional tour of the space which has been reserved for Host' s event ( if so required ) , and answer any questions that Host may have at that time . Event Center does not undertake to provide staff availability for the entire duration of Host' s event . Lock- up duties for all evening events will be performed by cleaning staff subcontracted by Event Center . Emergency Contact Information : In case of an emergency , serious problem , or if facility must be vacated earlier than scheduled in Host ' s reservation , Host will contact Event Center Director Amelia Haves at (Cell ) 919 - 830 - I 9 5 2 6 ( Event Hosts - Please use this number only in the case of an emergency). Multiple Bookings : Event Center reserves the right to book more than one event in the Event Center facility on the same day and time . All due consideration will be given to avoid conflicts which could result from noise or traffic concerns . To ensure that no conflicts of this nature arise , Host may elect to pay a higher rate to have exclusive use of the entire facility . Host and c attendees of Host ' s event are restricted to the rental areas listed in this Agreement . G Photo Release : t. Host grants permission to Event Center , at Event Center Director' s discretion , to take photographs of Host' s event , and event attendees ; grants Event Center the right to make use of f said photographs in its publications , including website , without payment or other consideration ; agrees that these materials will become the property of the Event Center and I` waives any right to royalties or other compensation arising or related to the later use of the photographs ; and further agrees that Event Center may use the photographs for any lawful purpose , including publicity, illustration , advertising , and Web content . Sponsor 's Initials here. } Section III . Host' s Rights and Responsibilities Event Marketing : https : //theeventcenter . l 7hats . com/p 4/24/2018 Contract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd Page 4 of 9 4 The permitted use of Event Center facility as a venue by Host does not signify or constitute an affiliation between Extraordinary Ventures , Inc . or Extraordinary Ventures Event Center and the event Host or an endorsement / approval of the event or event Host by Extraordinary Ventures , Inc . or Extraordinary Ventures Event Center . When advertising / marketing Host' s event , whether in print , electronically , or orally , Host may not refer to Extraordinary Ventures , Inc . or Extraordinary Ventures Event Center as being a " supporter , " " host , " or " affiliate " of Host or Host' s event . Host may in no way state or imply that Extraordinary Ventures , Inc . or Extraordinary Ventures Event Center supports Host' s stated or unstated mission or the particular event being held at the Extraordinary Ventures Event Center . Further , Host is only permitted to use the physical address (" 200 South Elliot Rd . , Chapel Hill , NC 27514 ") when describing the venue location . Police Security : Police security enforcement is required at most evening social events at EV . Without exception , all events including alcohol are required to have extra police security guards present . Police security will be contracted by Event Center on behalf of the Host and at the Host' s expense . The decision on how many hired police security guards to have at an event will be in the sole discretion of the Event Center Director . The full cost of such police security enforcement will be paid by the Host and is listed on Page 1 of this Agreement . Alcohol and Insurance : Social events held at Event Center often require insurance . If an event is reasonably expected to include alcohol - whether furnished by the Host , one or more of the guests , or brought on to the premises by another party - insurance is mandatory . For events requiring insurance , Event Center must receive a current Certificate of Insurance showing proof of one million dollars of commercial general liability coverage . If alcohol is involved , liquor liability coverage must also be included . The Certificate of Insurance must name Extraordinary Ventures , Inc . , Spike , LLC , and Chanticleer Properties Triangle , I. I.C . as additional insured . Host further agrees to hold harmless , defend , and indemnify Extraordinary Ventures , Spike LLC , and Chanticleer Properties Triangle , LLC . A copy of the Certificate of Insurance must be submitted to the Event Center Director a minimum 30 days prior to the event date to give Event Center I. time to verify the insurance . Event Center Director retains the right to cancel any event and retain all payments received if said Certificate of Insurance is not submitted on time . Capacity . It is Host ' s sole responsibility to accurately declare the expected attendance for Host' s event and to make every effort to adhere to this attendance total . If actual attendance of an event turns out to be greater than the declared expected attendance , Host is required to inform Event Center Director promptly . If the attendance exceeds the declared expectation on Page 1 of this Agreement and such information is not provided to Event Center Director promptly, Host will be subject to additional charges at the discretion of the Event Center Director . All rooms at Event Center have legal maximum occupancy limits for number of individuals allowed at any https * //theeventeenter . 17hats . com/p 4/24/2018 Contract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd Page 5 of 9 time . It is the Host ' s responsibility to know the occupancy limit for each room reserved and to adhere to the limit for the safety of all . If, at any time , attendance exceeds the legal maximum occupancy limit , the Host is considered in breach of this Agreement and the event must be ended promptly . There are no exceptions to this policy. Sponsors Initials here. Section IV . Security Deposit and Specific Damages Security Deposit : A refundable Security Deposit will be included in Event Charges on Page 1 . The purpose of the Security Deposit is to cover any damages , additional clean up expenses or monetary losses incurred by Event Center in relation to an event that , in the opinion of the Event Center Director , exceeds normal wear and tear . Damages , if any , are determined at the sole discretion of the Event Center Director . Security Deposits will be returned no earlier than seven business i days after an event has taken place . Event Duration : The date and hours of Hosts event reservation are established on Page 1 . After the Agreement is signed , there will be no flexibility given to event' s duration , without prior written approval of the Event Center Director . The event ' s duration must include sufficient time at the beginning to set up or assemble ( including the work of caterers , time to set up rental equipment , etc) and sufficient time at the end for disassembly . At the specified end of an event , all activities , functions , meetings , congregations , speeches , social interaction , music , r and / or festivities must cease , all persons in attendance must promptly leave the premises , and I i general clean up by the Host must be completed promptly . Failure to abide by this policy will result in a $ 200 fee for every half- hour of delay being deducted from Host' s Security Deposit total . E i Host ' s Clean Up Responsibilities : Disassembly and general clean - up at the end of an event is the sole responsibility of the Host . Disassembly and general clean - up includes removing all event materials and personal items r from the building , and performing all other duties in order to return the premises fully and completely to its original condition and cleanliness . Importantly , the kitchen area must be returned to its original condition and cleanliness by thoroughly cleaning all work areas , stove , oven , sinks , floor , dishwasher and microwave . Additional kitchen clean - up requirements are F listed below . Absolutely nothing belonging to the Host or any guest must be left behind on the Event Center premises . Failure to fulfill these responsibilities will result in a $ 200 fine or up to 50% of the Total Event Charges IN ADDITION TO total loss of Host' s Security Deposit . https : //theeventcenter . 17hats . com/p 4/24/2018 C Page 6 of 9 ontract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd , A Kitchen Usage and Clean Up : Kitchen usage is limited to preparation only . This means that food may be assembled and may be warmed or kept warm using the oven and microwave . Perishables and beverages may be chilled in the refrigerator or freezer . All areas must be cleaned thoroughly after use . In addition , all food and other items used for an event must be removed from the refrigerator , oven , microwave , stove , and kitchen area . Leaving a dirty/ untidy kitchen will result in a $ 300 fee being deducted from Host' s Security Deposit total . Rental Equipment Delivery & Pick Up Inventory Fee : The Host will be charged an automatic fee of at least $ 200 per day for any props , displays , decorations , equipment ( rental or otherwise ) , personal items , foodstuffs or materials used in an event that are dropped off earlier than arranged or left on the premises after an event is complete , without prior approval of the Event Center Director , in writing . i No Smoking : Event Center is a 100 % Smoke - Free facility . Smoking is absolutely prohibited on the premises at anytime . This includes all outside areas such as the parking lot and grounds in addition to inside the facility . There are no exceptions tb this po/icy.� To ensure the cooperation and comfort of Host' s attendees , Host agrees to advise its attendees of the smoke free policy . If additional clean - up of cigarettes or cigarette butts is required , a $ 200 fee will be deducted from Host' s Security Deposit total . i 1 No Beer Kegs : E Beer kegs , no matter the size or variety , are absolutely prohibited on the entire physical c premises of Event Center at any time . There are no exceptions to this policy! Failure to abide F by this policy will result in a $ 300 fine IN ADDITION TO total loss of Host' s Security Deposit . c j c Unauthorized Decorations : Event Center prohibits decorations from being attached to walls , ceilings or floors without the prior express permission of the Event Center Director . All decorations must be removed promptly at the end of the event . All flames , glitter , and fog machines are deemed unsafe and are absolutely prohibited . The cost of damages due to unauthorized decorations will be deducted from the Host' s Security Deposit total . Property Damage and Host Liability : The Host and all guests and attendees are required at all times to follow all rules and policies of Event Center as well as obey all state and federal laws and take whatever precaution https0 //theeventeenter . 17hats . com/p 4/24/2018 Contract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd Page 7 of 9 necessary to avoid harm to any party . Extraordinary Ventures , Inc . , Extraordinary Venture Event Center and partners assume no responsibility for damages to the facility or its contents or the loss or damage of any materials brought on the property at any time . The Host assumes full responsibility for the conduct of all persons in attendance , including subcontractors , and for any damages done to any part of the premises or theft of property. The cost of damages to the premises or theft will be deducted from the Host Security Deposit and may exceed the security deposit amount . Event Center retains the right to pursue legal action to recover damages from negligent / accidental behaviors that exceed the security deposit amount . Excessive Noise : Excessive noise from events caused by loud music and / or bands , etc . , is not allowed . If an event is engaged in excessive noise , either the Event Center Director or police security officers present may order a reduction of the noise level . If noise levels are not reduced , the event may be terminated at the sole discretion of the Event Center Director . Additionally, a $ 500 fee will t be deducted from Host' s Security Deposit total , j i Animals : Pets are not allowed in the building at any time without the express approval of the Event Center Director . Professionally-trained service dogs assisting individuals with disabilities are permitted . Sponsors /nXJ15 here: Section IV. General Provisions Notice : i c Any notice required or permitted by the terms of this Agreement must be in writing . Indemnification : i The event Host agrees to defend indemnify and hold harmless Extraordinary Ventures , Inc . , Extraordinary Ventures Event Center , Spike , LLC . , and Avison Young , Inc . from all claims associated with the Event Host' s use at 200 S . Elliott Rd . Chapel Hill , NC . Dispute Resolution : The parties will resolve any claim or dispute arising out of or relating to this Agreement through binding arbitration before one arbitrator conducted under the rules of the American Arbitration Association or ,JAMS in the state and city in which Event Center is located . The laws of the State of North Carolina will be the governing law . The arbitration award will be https : //theeventcenter . 17hats . com/p 4/24/2018 Contract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd Page 8 of 9 enforceable in any state or federal court . In any arbitration or litigation arising out of or relating to this Agreement or the enforcement of any arbitration award , the prevailing party will recover attorneys ' fees and costs including expert witness and arbitration fees and pre - and post - judgment interest . Each party will be responsible for attorneys ' fees and interest associated with the other party ' s efforts to collect any monies owed under this Agreement . Force Maieure : If acts of God or government authorities , natural disasters , or other emergencies beyond a party ' s reasonable control make it illegal or impossible for such party to perform its obligations under this Agreement , such party may terminate this Agreement upon written notice to the other party without liability . Assignment : Event Host may not assign or delegate its rights or responsibilities under this Agreement without the Event Center Director' s prior written approval . Severability : If any provision of this Agreement is held to be invalid or unenforceable that provision will be eliminated or limited to the minimum extent possible , and the remainder of the Agreement will have full force and effect . E 1 Rescission : In light of the specialized nature of the event space rental business , Event Center reserves the right to terminate this agreement , at any time and without cause , by providing fifteen days written notice to Event Host . If Event Center exercises this right of rescission , Event Host will be c: provided a refund of all amounts paid for event ' s reservation , without deduction of any sort , within five business days of having provided notice of rescission . Waiver : If either party agrees to waive its right to enforce any term of this Agreement , it does not waive its right to enforce any other terms of this Agreement . i E Entire Agreement : This Agreement , including any Attachments hereto , constitutes the entire agreement between I the parties , supersedes all other written / oral agreements between the parties concerning its subject matter , and may not be amended except by a writing signed by Host and Event Center Director . Sponsor's Initials here: https : //theeventeenter . 17hats . comJp 4/24/2018 Contract #cgvwnhfzrbnzbxfbxfkbfwzfzdtrdsfd Page 9 of 9 I certify that I have been authorized to act for and to execute this agreement on behalf of the Event Host . The Event Host has carefully read the Rental Policy & Agreement statement and agrees without exception to abide by all the stated policies , rules and regulations therein . Event Sponsor : Visitors Bureau Date : ( mm / dd / yyyy) The Event Center Director : Amelia Hayes Date : 4 / 23 / 2018 Ze To indicate your cce ance of this contract , type your name below and click the "Sign Contra " bu VISITORS BUREAU emyee" amell ;b I AMELIA HAYES ' I i i i https : //theeventcenter . l7hats . com/p 4/24/2018