Terms and Conditions

Down Payment, Security Deposit, Venue Rental Fee, and Payment

Down Payment.  A non-refundable Down Payment, 1/3 of the Packages/Add-ons Total Fee, must be paid by Client prior to Provider’s acceptance of this Agreement.  Client agrees that the non-refundable Down Payment fairly compensates Provider for committing the Venue to Client and turning down other potential clients/events.

Security Deposit.  A Security Deposit , specific to the selected package, must be paid by Client prior to acceptance of this Agreement by Provider. It will be returned within 30 days after the Event, provided that any keys supplied for use by Client are returned to the Provider or a designated lockbox by noon the day following the Event, and if in the sole but reasonable judgment of Provider there is no breakage or damage to the Venue and/or contents, and the Venue is returned to its condition as of the Set-Up Time.  Client is responsible for all clean-up and related costs. Client, and Guarantor if any, will be jointly and severally financially responsible for damage done to the Venue and contents. If there is damage to the Venue or contents, and/or if clean-up is not completed by the designated time for the Event, Client will be notified, and Provider’s cost to remediate will be deducted from the Security Deposit, and Client will be responsible for any amount not so covered. Provider will pursue collection to the fullest extent of the law. Client and Guarantor, if any will be responsible for any damage caused by Client, Client’s guests, and all other persons at the Event (Participants). Any unused balance of the Security Deposit will be returned the same way it was paid, unless otherwise provided herein. 

Venue Rental Fee. The Venue Rental Fee is the sum of charges set forth on the Packages and Pricing Addendum. 

Payment. Payment is due on the following schedule:

  The Down Payment on the Total Venue Rental Fee and Security Deposit are due on the date the Agreement is accepted by Provider.

  The balance on Venue Rental Fee is due at least 120 days prior to the Event.

Cancellation, Rescheduling and No-Shows

Cancellation, rescheduling and No-Shows do not relieve Client from the obligation to pay all amounts when due hereunder.  If Client desires to cancel or reschedule the Event, Client shall provide notice to Provider as soon as possible.  Provider has no obligation to attempt to fill the Date(s) with another booking and has no obligation to refund any moneys paid for the Venue Rental Fee but will refund the Security Deposit as provided above.  If Client provides prior notice cancelling the Event, and Provider does license the Venue to another person for the Date(s), in its discretion Provider may apply a portion of the Venue Rental Fee to an agreed rescheduled Event or reimburse Client for a portion of the Venue Rental Fee, not including the Down Payment. If Client does not provide prior written notice of cancellation (No-Shows), no money shall be returned to Client.  

Venue Unavailable, Force Majeure

If the Venue becomes unavailable or Provider is otherwise unable to perform directly or indirectly, in either instance by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire; flood; wars; acts of terrorism; civil or military disturbances; sabotage, epidemic, pandemic, riots; interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; work stoppages, labor disputes; acts of civil or military authority or governmental action, Provider may notify Client at the address provided as soon as practicable, and thereupon shall promptly either refund all moneys paid to date or apply to a rescheduled Event mutually agreeable among the parties.

Names, Marks, Branding

Provider’s name, likeness, image, trademarks, service marks and other branding, and any brochures, documents and other works, whether registered or not, are the intellectual property of Provider and may not be used by Client, its vendors of guests without Provider’s prior written permission.  Permission may be granted for Client’s Personal Use (defined below) of Provider’s name (in print and electronically) for the following purposes only, provided that a true and complete example of each intended use is given to Provider in advance for approval, not to be unreasonably withheld.  Personal Use includes works:

·         In photos on Client’s personal social media pages or profiles;

·         In personal creations, such as a scrapbook or personal gift; and

·         In personal communications, such as a family newsletter or email or holiday card.

In the event that any copyrighted work(s) are created as a result of Client’s use of the Venue in accordance with this Agreement, Provider shall own all copyrights in any and all work(s) created or produced, pursuant to federal copyright law, whether registered or unregistered.  Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider’s business. Provider will have the right to use photos and other works created at the Venue in the promotion of its business.

Appropriate Conduct/Safe Environment/Alcohol

Provider shall have the right to cancel and/or terminate this Agreement, or require some or all of Client and other Participants to immediately leave the Venue, at any time, if Provider, its agent or the Police/Sherriff determines the Event or Participants’ conduct has become unlawful, unsafe, unruly, or otherwise not consistent with the terms of this Agreement, that for the avoidance of doubt includes violation of Rules, or upon any other material breach of this Agreement by Client. Client shall have no right to a refund of any part of the Venue Rental Fee or Security Deposit under such circumstances. Upon Client’s request and Provider’s written approval, alcoholic beverages may be served at the Event without charge, provided that Client signs and delivers a separate Alcohol Waiver and Release.  Smoking is not permitted inside any buildings at the Venue.

Liability

Any personal property of Client, and other Participants, and their heirs, personal representatives, successors and assigns (Client Parties) is at their sole risk. Provider, its manager, members, agents, insurers, and their heirs, personal representatives, successors and assigns (Provider Parties) shall not be liable for theft, damage or loss of property, and related expenses for any reason. Client, on Client’s own behalf and on behalf of all other Client Parties, acknowledge and agree that recourse shall be solely to their personal insurance carriers, such as their vehicle, homeowner’s, and medical/health insurance carriers. Client shall be liable for all injury and damage to the Venue and Provider’s property occurring in connection with the Event, regardless of location including but not limited to damage to land and buildings at the Venue, to vehicles, and personal property located as or associated with the Venue.

As a condition of entering into this Agreement, Client on Client’s own behalf and on behalf of all other Client Parties covenants and agrees that Provider Parties shall not be liable for personal injury occurring at or arising from their presence at the Venue in connection with performance of the terms of this Agreement, and covenant not to sue Provider Parties in connection therewith. By signing this Agreement, Client confirms that Client has reviewed the terms of this Paragraph 8 with Guarantor, Client’s guests and intended invitees.   Client shall obtain and maintain coverage of the Event with Special Event Liability Insurance with Host Liquor Coverage, that will be Client Parties’ sole recourse with respect to any  recovery. A certificate of liability insurance for the Event Date(s) with an Each Common Cause  minimum Limit of $1,000,000 and Aggregate Limit minimum of $2,000,000 with Liberty Oaks LLC,  its members and agents named as additional insured, ten (10) days written notice of cancellation, and a waiver of subrogation rights against Provider Parties. The coverage shall be primary and non-contributory. Client shall obtain such waivers and releases from its Vendors as may be requested by Provider, from time to time.

In no event shall Provider Parties be liable to Client Parties for any punitive, special, incidental or consequential damages arising from any breach of this Agreement. This limitation of liability extends to any alleged liability arising under the law of contracts, torts, negligence and any legal or equitable theory whatsoever.