MINER ALUMNI ASSOCIATION RENTAL AND USE AGREEMENT

Transcription

1 MINER ALUMNI ASSOCIATION RENTAL AND USE AGREEMENT THIS RENTAL AND USE AGREEMENT is made and entered into this day of, 20, by and between the Miner Alumni Association, a Non-Profit Pro Forma Corporation organized and existing under and pursuant to the laws of the State of Missouri with its primary place of business at 1100 N. Pine St., Rolla, Phelps County, Missouri (hereinafter, Association ) and, (hereinafter, User ). WHEREAS, Association owns, operates and controls a facility in Rolla, Missouri, known as Hasselmann Alumni House (hereinafter, Hasselmann ) located at 1100 N. Pine St., Rolla, Phelps County, Missouri; and, WHEREAS, Hasselmann will be available for general use by the public at large; and, WHEREAS, User desires to rent a portion of Hasselmann for the uses, for the time period and subject to the conditions of the Agreement hereinafter set forth, NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set forth herein and of the rental paid by User to Association as described herein, the parties agree as follows: 1. Facility Description: The basic rental fee shall be for use of all or such areas of Hasselmann described in the following paragraph User Event/Function Date: Hasselmann shall be made available pursuant to the following:

2 (A) Description of rented areas of Hasselmann: (B) Description of Function: (C) Date and Time of Event: (D) Approximate Number of Attendees: The use of Hasselmann shall be restricted to those areas of the facility described in this paragraph. 3. Rental Fees and Deposits: The use and rental fee for Hasselmann shall be as described in Appendix A (2 pages) attached to this Agreement and shall be paid in full to Association no later than Thirty (30) days prior to the date of the event unless scheduling occurs within such time period at which time said fee shall be paid to Association at the time of scheduling. On the date of the execution of this Agreement, an initial deposit in the amount of fifty-percent (50%) of the rental fee shall be paid to Association in order to reserve the function and date identified above. Additionally, on the date of the execution of this Agreement, a security deposit of $ shall be paid to Association which deposit is agreed to by Association and User to be applied to reasonable charges for damages and excessive cleaning charges associated with User s event. If the event is cancelled prior to the event date, the security deposit of $ shall be refunded to User. Additional fees are specified in Paragraph 4 Facility Availability. 2

3 4. Facility Availability: Premises guests are not permitted in any area other than specified in this Rental and Use Agreement. Rental of Hasselmann will typically be during normal business hours Monday through Friday from 7 a.m. to 5 p.m. excluding University holidays. An attendant fee of $25.00 per hour shall be in addition to the rental fees for use of the facility before and after normal business hours as well as on Saturday and Sunday. No events may take place or are allowed on Association s lawn area without prior, written approval of Association. Unless written permission is given by Association in advance, all events and festivities, including amplified music, must be concluded no later than 12:00 o clock midnight at which time all guests, caterers, musicians and other persons present for a User s event must remove themselves from the facility. An additional fee of $ per hour shall be added to the rental fees for each hour or portion of an hour an event extends beyond 12:00 o clock midnight. 5. Cancellations: If an event is scheduled but later cancelled by User Ninety (90) days or more prior to an event, all of initial deposit and rental fees will be returned. If an event is cancelled by User Sixty (60) days prior to an event, one-half of initial deposit and rental fees will be returned. If an event is cancelled by User Thirty (30) days prior to an event, no initial deposit or rental fees will be returned by Association to User. Should inclement weather causing unsafe road conditions or such other conditions as would render travel to and from Hasselmann unsafe, User will be permitted to reschedule an event to another date based solely upon the availability of 3

4 Hasselmann at no additional cost to User but, in the event User does not wish to reschedule an event because of inclement weather, rather than cancel the event, the standard cancellation policy described herein shall apply. 6. Food Service and Catering: Only food service providers and caterers approved by Association may serve food and drink at Association s facility. No outside food or drink is allowed to be brought into the facility with the exception of wedding cakes. A catering service fee of 15% of Gross Food Sales will be added to User s final catering bill. For purposes of this Section 6, Gross Sales shall be defined as all sums charged by a caterer for a User s event exclusive of applicable state or local sales tax. 7. Usage Rules And Conditions: (A) No more than 518 persons, including food and catering staff, along with Association employees or contractors, shall be present at Hasselmann during any scheduled event. This number includes both persons inside and outdoors. (B) Association reserves the right to decline any request for a party to rent Hasselmann. (C) No cooking of any kind, and no open flames shall be allowed in any area outside Hasselmann. (D) Any food vendor trailers and vehicles are required to park in a designated parking area only. (E) Other than the Association s propane fire pits no use of propane heaters, fire pits or open flames of any kind shall be permitted inside or outside Hasselmann at any time. 4

5 (F) Use of tobacco and tobacco-derived products shall be allowed on Hasselmann s South Patio area only. Any violation of the provisions of this paragraph 7 (F) shall be considered a breach of this Agreement and will result in additional charges being assessed for any cleanup, deodorizing or disinfecting required. (G) No pets of any kind are allowed in Hasselmann other than service animals, in which case proof of service animal licensing and certification must be provided to Association prior to an event. All service animals are required to be on a leash or other restraint. (H) As all audiovisual equipment is provided by Association, no other external audiovisual equipment which is provided by User shall be permitted. (I) All tables and chairs present at Hasselmann for an event are included as part of the rental fees. Additional costs for tables, chairs and the like may be incurred by User should room preparation and setup be outside the Association s standard setup procedures. Any linens required for tables or chairs shall be provided by User. (J) In the event alcohol is served at an event, User shall insure that all laws and regulations concerning the serving of alcohol are followed. No person under the age of Twenty-One (21) years shall be served alcoholic beverages and User s guests shall not be permitted to bring their own alcoholic beverages to any event at Hasselmann. Association specifically reserves the right to require the presence of security personnel when alcohol is served and in such case, no fewer than two, security officers 5

6 must be present at an event. Such fees for security shall be additional rental to be paid by User. (K) In the event any licenses or permits are required by law, User shall obtain same in advance of an event and shall furnish proof of same to Association. (L) During the period of an event, all sidewalks, doors and other passageways shall remain unobstructed at all times so as to comply with all fire regulations. (M) Amplified music must be maintained at a reasonable volume and is only allowed inside the building during any event. Further, any music or any type of amplified music must comply with all local noise and nuisance ordinances. All music groups performing at Hasselmann must be approved by Hasselmann s Manager and Events Coordinator prior to being booked. (N) Only Users who are approved in advance of an event by Hasselmann s Manager and Events Coordinator are authorized to use the piano during an event. 8. Decorations: All decorations must be approved in advance by Association staff and no tape, nails or staples shall be used on any building surfaces. Only wire, floral wire and non-stick (removable) tape are allowed for purposes of placing decorations. No open-flame candles shall be permitted at Hasselmann, however, use of candles shall be restricted to enclosed candles, flameless candles or fuel-powered candles. No rice, confetti, bird seed, potpourri, glitter or any substance of that nature shall be allowed and rose or flower petals may not be used in the facility at any time. No furniture, house decorations, carpet or pictures shall be attached to or placed on any wall or any part of the facility. Any approved decorations placed by User must be removed at the conclusion or termination of an event and the facility shall be returned to its original condition at the conclusion of the usage period. 6

7 9. Parking: Hasselmann has available to Users twelve (12) vehicle parking spaces at the rear of the building available on a first come, first served basis. Additionally, City of Rolla parking is available on public streets and parking areas and S&T campus parking is available beginning 4:30 p.m. and ending at 7:30 a.m. Monday through Friday and all day Saturday and Sunday. 10. Insurance: User shall obtain and be responsible for all insurance covering the safekeeping of User s personal property while located on the premises of Hasselmann. All personal property placed on the facility premises before, during or after an event shall be the sole responsibility of the User and Association shall not be liable for any damage and/or theft of User s personal property or any of User s guests personal property of any type, for any reason or cause whatsoever. At all times during the use of Hasselmann, User is required to maintain and have in force a policy of commercial general liability insurance, including public liability, bodily injury, and property damage, written by a company licensed to do business in the State of Missouri, covering the use contemplated by this Agreement with combined single limits of no less than $1,000,000 per occurrence and $1,000,000 in the general aggregate. User shall name the Association, including its trustees, officers, agents and employees as additional insureds for the said purpose and use of this Agreement. User agrees that the insurance will be primary coverage and will contain no terms allowing the insurer to be subrogated to the rights of any injured or damaged person or entity insofar as said person or entity may have claims against Association. User shall maintain Worker s Compensation insurance to meet applicable provisions of the Missouri Workers Compensation laws if same is applicable to User and User is such that it has employees at an event. 7

8 Certificates of Insurance evidencing such insurance coverage shall be provided to the Association prior to the day of use. 11. Termination: In the event Association determines, in its sole discretion, that User has violated any law or activity deemed to be adverse to the interests of the Association, or others, Association shall have the right to immediately terminate the Agreement without refund of any deposits or fees. 12. Damages: User shall be responsible for any damage to Hasselmann, its furnishings, decorations and all support systems, including audio, visual or stereo, during an event. Any repairs necessitated by damage to the facility will be billed at replacement costs including material and labor. User will be responsible for any and all damage to the building or Association s personal property contained therein, occurring in connection with User s event and will be charged for all repairs. The determination of the need for repairs and the calculation of any damages shall be made in the sole discretion of Association. Association shall be entitled to apply all or such portion of the security deposit referred to in paragraph 3 above to satisfy any damage to Hasselmann, fees referred to in this Agreement, as well as charges for what it determines in its sole discretion to be excessive cleaning caused by User. 13. Sales: User shall not engage in any sales or solicitation of sales for any type of goods or services at any time during any event or allow any guest to do so. 14. Copyrights/Royalties/Licensing: Should any material, composition or name be used or performed during the User s use of the facility, User is responsible for securing, in advance, before using or employing such material, composition or name, the assent, in writing, of the owner or licensee of such copyright. User agrees to be 8

9 fully and completely responsible for any fees, royalties and licensing in connection with such activity as well as any fees, fines, or penalties for failure to comply with the provisions in this paragraph Safety and Fairness: User is responsible for providing all necessary and appropriate safety instruction to all participants and attendees at User s activity. User shall not discriminate against any person on grounds based on race, color, national origin, ancestry, religion or sex, sexual orientation, gender identity, gender expression, age, genetic information, disability or protected veteran status. 16. Political Activities: Community organizations or individuals may schedule designated areas of Hasselmann when space is available to promote political activities associated with the awareness and education of community constituents. Declaration of such facility usage intent must be included on the reservation request form. The use of Hasselmann facilities does not imply endorsement of an individual, group, or organization and the name of the Association shall not be identified in any way with the aims, policies, programs, products, or opinions of any individual, group, or organization that may use Association facilities. 17. Abandoned Property: Any personal property left on the property shall, after a period of Ten (10) days from the last day of the scheduled use, be deemed abandoned and shall become property of the Association to be disposed of or utilized at Association s sole discretion. 18. Drug Free Zone: Association s facility is a drug free zone and illegal drugs or controlled substances are strictly prohibited on the property at any time. 19. Assignment: User shall not, without the prior written consent of Association, assign or transfer this Rental and Usage Agreement nor shall User allow 9

10 any other person, group or entity to use the facility during the scheduled event without the prior, written consent of Association. 20. Force Majeure: If the facility is rendered unsuitable for the conduct of the event by reason of Force Majeure, Association may terminate this Agreement by written notice within Five (5) days following such casualty. Association shall not be responsible for any damages sustained by User and is under no obligation to reschedule the event, but User shall be entitled to a refund of deposits and fees. Force Majeure shall include, but not be limited to fire, earthquake, hurricane, flood, act of God, epidemics or pandemics, nuclear explosions, strikes, work stoppages or other labor disturbances, riots or civil commotions, war or other act of any foreign nation, terrorism, power of government, governmental agency or authority, or any other causes like or unlike any cause mentioned which is beyond the control of Association. 21. Indemnification: (A) Association shall have no responsibility for the safety and/or security of any property belonging to User or to those persons participating in the use of Hasselmann by User. User expressly releases and discharges Association from any and all liabilities for any loss, injury or damages to any such property or persons. (B) Association shall have no responsibility for the safety and/or security of any person participating in the use of Hasselmann by User except as may arise from the gross negligence of Association. User expressly agrees to indemnify and hold harmless Association, The Curators of the University of Missouri, its officers, employees, students and agents, from all costs, losses and expense arising out of any liability or claim of liability for injury or damage to persons or property resulting directly or indirectly from their participation in User s use of Hasselmann regardless of whether 10

11 such use was authorized or not, and regardless of whether the liability or claim of liability arises out of the act or omission of User. 22. Waiver: No waiver by Association of any provision of this Rental and Use Agreement or any right or remedy arising under any provision contained herein shall be effective unless such waiver is in writing and executed by an authorized representative of Association and no waiver with respect to a specific provision in this Rental and Use Agreement shall be deemed a waiver of any other condition or requirement. 23. Entire Agreement: This Rental and Usage Agreement contains the entire and complete agreement entered into between the parties and supersedes any prior negotiations, in writing or verbal, regarding the rental and use by User of Association s facility. 24. Severability: It is the intention of Association and User that in the event any portion of this Rental and Use Agreement is determined to be invalid, for any reason, such invalidity shall not void the remainder of the Agreement. Further, this Rental and Use Agreement shall be construed, interpreted and enforced according to the laws of the State of Missouri and venue, for purposes of any litigation, shall be in Phelps County, Missouri. 25. Amendment: This Rental and Usage Agreement may be modified or amended only in writing signed by each party. 26. Attorney s Fees and Court Costs: In the event of any legal action initiated or filed by either of the parties hereto, the prevailing party shall be entitled to recover a reasonable attorney s fee and costs from the other party. 11

12 Venue for purposes of any litigation regarding this Agreement shall be in Phelps County, Missouri. 27. Contact Information: Contact information for User shall be as follows: (A) Primary mailing address: (B) Primary address: (C) Daytime telephone number: (D) Alternate telephone number: (E) Secondary name: (F) Secondary address: (G) Secondary telephone number: 12

13 IN WITNESS WHEREOF, the parties have executed this Rental and Use Agreement this day of, 20. I/WE HAVE READ AND UNDERSTOOD THIS RENTAL AND USAGE AGREEMENT AND THE POLICIES IT CONTAINS. I/WE UNDERSTAND THAT IF I/WE OR ANY OF USER S GUESTS OR VENDORS AT THE IDENTIFIED EVENT DOES NOT COMPLY WITH THIS RENTAL AND USE AGREEMENT OR THE POLICIES CONTAINED IN IT, THE EVENT MAY BE IMMEDIATELY TERMINATED BY ASSOCIATION, IN ITS SOLE DISCRETION, AND DEPOSITS MAY BE RETAINED BY ASSOCIATION. I/WE FURTHER UNDERSTAND AND AGREE THAT, IN ADDITION TO ANY DEPOSIT WITH ASSOCIATION, I/WE WILL BE PERSONALLY RESPONSIBLE AND LIABLE TO ASSOCIATION FOR ANY COSTS EXCEEDING THE AMOUNT OF THE RETAINED DEPOSIT. The person or persons signing this Rental and Use Agreement on behalf of User hereby state and certify that they have authority to enter into this Agreement on behalf of User and do, further personally guarantee all the terms, conditions and obligations of the Agreement on behalf of User. USER MINER ALUMNI ASSOCIATION By: By: (Signature) Darlene S. Ramsay Executive Vice President Miner Alumni Association 1100 N. Pine St. (Title) Rolla, MO