BMW Zentrum Facility Rentals

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1 BMW Zentrum Facility Rentals Please fill out form and return it by mail or fax to: Julene Davis Tours & Events Zentrum BMW Manufacturing Co. P.O. Box Spartanburg, SC Fax Contact Name: Name of Group: Address: City, State: Zip: Phone: Preferred Date/Time: Number of People in Your Party: I am requesting: Zentrum Tour Zentrum Rental I will need the following facilities (check all that apply): Auditorium Gallery Will food be served? yes no Will alcohol be served? yes no

2 I will need the following equipment: Auditorium Video VHS (NTSC) VHS (PAL) Beta SP High Definition Laser Disk Laser Disk Slide Projector Overhead Projector Computer Projection (Windows/Powerpoint) Is there anything else we need to know about your visit?

3 BMW Manufacturing Co. USE Agreement for the BMW Zentrum Use Agreement made this day of, 20, between BMW Manufacturing Co., hereinafter designated as BMW," and hereinafter designated the "Organization." 1. PREMISES. In consideration of the mutual performance of the Agreement hereto and the payment of the specified fee, BMW authorizes the Organization and Organization accepts from BMW, for the period stated below, the right to occupy and use the BMW ZENTRUM (the Premises) subject to the Use Terms and Conditions. 2. FEE. Please see Rate Schedule. (a) $ to be a non-refundable reservation deposit) on the execution of this Use Agreement, but not later than thirty (30) days from the date of this agreement, and (b) $ payable ten (10) days prior to the event 3. PURPOSE/PERIOD. Organization shall occupy on: DATE FROM (a.m./p.m.) TO (a.m./p.m.) (Additional charges if event goes beyond contracted time -- see Schedule B) Number of guests Caterer Caterer Phone No. Organization must be responsible to ensure that caterer complies with Caterer Responsibilities REQUIREMENTS Galleries Auditorium 4. EQUIPMENT. AUDITORIUM Overhead Projector Slide Projector Video Projector Sound / Lights IN THE PRESENCE OF: BMW MANUFACTURING CO. By: ORGANIZATION By:

4 BMW Zentrum Rate Schedule Tuesday thru Saturday (9:30 a.m - 5:30 p.m.) Admission to Zentrum Free Tour fee (by reservation only) Adults Students BMW CCA Members $7.00 per person $3.50 per person $3.50 per person Meeting space rental during working hours Auditorium $1, Evening Rates Per event $1, Only BMW approved caterers may be used for food or beverage service. There is an overtime rate of $ per hour beyond contracted time. Any changeover or movement of displays or furniture required will add additional costs. *Rentals are available 7 days a week with normal adjustment for overtime, etc. added to the regular fees.

5 BMW Zentrum Use Terms and Conditions 1. DEFAULT. If Organization defaults in payment of the fee, or any part thereof, or in the performance of any of the covenants and conditions herein, this Use Agreement, at the option of BMW, shall terminate and BMW may re-enter the Premises and remove all persons and property therefrom, and resort to any legal proceeding for such possession, and Organization, notwithstanding such re-entry, shall remain liable for the full amount of the Fee herein specified with expenses and costs. The rights and options provided herein are cumulative, and in addition to all other rights and remedies provided by law. 2. CANCELLATION. If Organization cancels this Agreement, fee payments previously made are forfeited in consideration of BMW holding the dates. 3. UNAVAILABILITY OF PREMISES. In the event that the Premises or any portion thereof are not available for occupancy at the time of the event due to fire, casualty, acts of God, strikes, national emergency or other cause beyond the control of BMW, the portion of the fee due if previously paid, shall be promptly refunded to the Organization. 4. TERMINATION. In case of a violation of any provision of this Agreement or any general operating policy of BMW Zentrum by Organization, BMW shall be entitled to terminate this Agreement without notice, and to collect the fee and damages. 5. ASSIGNMENT. Organization shall not: (a) assign this Agreement, (b) sublet any part of the Premises without the written consent of BMW, (c) allow any use of the Premises other than herein specified, (d) suffer anything to be brought thereon or permit any act which will endanger persons or property in the Zentrum. 6. ACCEPTANCE. Organization accepts the Premises in its present condition and assumes all risk or loss or injury to person or property incident to the condition thereof, except such conditions, if any, as are both unknown to BMW and not capable of discovery by reasonable inspection; and Organization agrees to indemnify BMW against all loss and expense from any claim against BMW by Organization, its agents, servants, licensees, and guests, for injury or damage, including consequential damage, to person or property arising out of the condition of the Premises and/or of all common areas, entrances, aisles, parking areas and the like used in any manner by Organization and any such persons.

6 7. CONDITION OF PREMISES. Organization shall keep the Premises in clean and good order and, at the expiration of this Agreement, will deliver the Premises to BMW in good condition and broom clean (unless BMW elsewhere herein agrees to clean the Premises upon such expiration). BMW will not be responsible for any items left by the caterer, guests or Organization. Organization shall be responsible for the costs incurred by BMW to restore the Premises to clean and good order. 8. PROPERTY DAMAGE. Neither BMW nor Organization shall be responsible for any loss of or damage to property of the other party hereto, including, but not limited to, loss or damage caused in whole or part by theft, fire, smoke, acts of God, public enemy, riot or civil commotion or causes beyond the control of either party, and BMW and Organization expressly waive any claim for liability against the other party hereto with respect to any such loss or damage. Accordingly, it shall be the responsibility of BMW and Organization, respectively, to secure its own insurance or otherwise protect itself and its property against such loss or damage. BMW shall not be liable for any injury to or death of any person caused in whole or part to theft, fire, smoke, acts of God, public enemy, riot, civil commotion or other cause beyond the control of BMW, and Organization expressly waives any claim for liability therefor against BMW. Accordingly, it shall be the responsibility of Organization to secure its own insurance or otherwise protect against loss or damage. 9. SECURITY. BMW shall arrange, at Organization s responsibility and expense, for police or special security personnel sufficient in number in BMW s judgment to handle and protect persons and property in the Zentrum and in the Zentrum parking areas and grounds during the respective event. Persons furnished by Organization to handle expected numbers of guests shall be deemed agents of Organization and not of BMW; and Organization will indemnify and hold BMW harmless from all loss, liability and expense arising out of all acts or omissions of such persons. 10. ENTERTAINMENT. If Organization plans or produces any entertainment or other program in connection with the use of the Premises, Organization shall obtain approval by BMW for (a) the entertainment or other program, (b) any special arrangement necessary for the entertainment or other program, and (c) the names of all persons to perform and deliver, or produce the entertainment or other program. Organization acknowledges that it is responsible for obtaining any necessary licenses or Agreements with the American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and similar licensing agencies. Organization agrees to have ready and make available for BMW's inspection evidence satisfactory to BMW that Organization has obtained any necessary licenses or Agreements

7 11. ALTERATIONS. No alterations, additions or improvements shall be made without the written consent of BMW. No holes shall be bored, cut or otherwise made, nor shall any nails, screws, bolts or fastenings be driven in the floors, walls, ceilings, columns or any other part of the Premises. No BMW exhibits in the Premises shall be disturbed. No banners, pictures or advertisement can be hung without the written consent of BMW. 12. EXPENSES. Organization shall pay all expenses of every kind connected with the use of the Premises unless herein specified otherwise. 13. LAWS. Organization shall comply with all public laws, ordinances and regulations, and shall obtain and pay for all necessary licenses and permits that may be required of the Organization in connection with Organization's occupancy and use of the Premises, including the permit to serve alcoholic beverages on the Premises. Organization shall comply with regulations and rules of BMW. Any caterer hired by the Organization must follow rules set forth in the Caterer Responsibilities which is attached hereto and made part of this Agreement (Schedule C) and it is the responsibility of the Organization to ensure BMW that the caterer will comply with these rules. 14. UTILITIES. BMW will arrange for additional or special utilities or services upon the timely request of Organization. Organization shall be responsible for the costs of any additional or special utilities or services. BMW shall not be responsible for impaired performance of any utility/service caused by events beyond BMW s control. 15. INDEMNIFICATION. Organization agrees that it will indemnify and hold and save BMW whole and harmless of, from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses and judgments recovered from or asserted against BMW on account of injury or damage to person or property to the extent that any such damage or injury may be incident to arise out of, or be caused, either proximately or remotely, wholly or in part, by an act, omission, negligence or misconduct on the part of the Organization or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees or of any other person entering upon the Premises leased hereunder with the express or implied invitation or permission of BMW, or when any such injury or damage is the result, proximate or remote, of the availability of alcoholic beverages on the Premises or of the violation by the Organization or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees of any law, ordinance or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the occupancy or use by the Organization, its agents, servants, employees, contractors, patrons, guests, licensees or invitees of the Premises. Organization covenants and agrees that in case BMW shall be made a party to any litigation against the Organization or in any

8 litigation commenced by any party other than the Organization relating to this Agreement or to the Premises, then Organization shall and will pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or imposed upon BMW by virtue of any such litigation. These terms of indemnification shall be effective unless such damage or injury results from the sole negligence, gross negligence or willful misconduct of BMW. 16. INSURANCE. Organization, at its sole cost and expense, shall procure and maintain through the term of this Agreement, comprehensive general liability insurance against claims for bodily injury or death and property damage occurring in or upon or resulting from the Premises leased hereunder, such insurance to afford immediate protection to the limit of not less than $500,000.00, and such insurance shall include blanket contractual liability coverage which insures contractual liability under the indemnification of BMW by Organization set forth above. Organization agrees to have ready and make available for BMW s inspection a certificate of insurance evidencing the required coverages. 17. LIABILITY. BMW and the Organization agree that any liability of BMW which might otherwise be imposed is subject to the following exclusions and limitations: (a) BMW is not an insurer or a warrantor of the condition of the Premises; (b) BMW shall not be liable to Organization, its agents, servants, licensees or guests, on account of any condition or defect in the Premises not actually known to BMW. (c) BMW shall not be liable to any person for any loss, damage or injury to person or property proximately caused, in whole or in part, by the act or omission of such person, or of Organization, its agents, servants, licensees or guests, or any other Organization, its agents, servants, licensees or guests, or of any independent contractor. (d) BMW shall not be liable for any incidents arising out of the use of alcohol either on or off the Premises. (e) BMW shall not be liable, in any event, in contract or in tort, for consequential damages; (f) The liability of BMW on account of any damage to property shall not exceed the actual cost for replacement or repair of said property; and (g) In all events, the liability of BMW for all damages, of every kind and nature, on account of any occurrence, shall not exceed the lesser of (I) the actual damage, excluding consequential damage, directly and proximately resulting from the sole negligence or willful misconduct of BMW and (ii) an amount equal to ten (10) times the Use amount under this Agreement. This limitation of liability shall be effective in any and every event, and any and every occurrence, except in the case of an act of omission by BMW, through its employees, with the specific intention of causing physical injury to person or property.

9 18. CONCESSIONS. Exclusive control of all concessions is reserved expressly to BMW. Catering of private activities must be arranged through BMW with a caterer or caterers approved by BMW. No other caterer will be permitted in the Premises without prior written approval of the Organization s timely advance request. No other concession can set up on the outside grounds of BMW without prior written approval. 19. PARKING. Exclusive control of all parking is reserved expressly to BMW. It is necessary to inform BMW Zentrum staff if car parkers are to be used for the event. Organization shall be responsible for the costs incurred by BMW associated with parking. 20. PRINTED MATERIAL. No printed or written material, including that in connection with any entertainment or other program, shall be distributed without BMW s written approval at least three working days before distribution. 21. USES. Organization shall not use the Premises to promote or sell products. The BMW Zentrum will not be used for individual events such as weddings, receptions, showers, etc. The purpose of the BMW Zentrum is for community events, educational events, training, charitable or civic fund raising, car programs, car rallies, etc. No smoking will be permitted inside the BMW Zentrum. 22. WAIVER. Failure by Organization to exercise any right or option under this Agreement or to enforce any covenant, provision or condition hereof, shall not constitute a waiver of the continued violation of such covenant, provision or condition or of any other covenant, provision or condition, not to constitute a modification of this Agreement by implication, course of dealing or otherwise. 24. STATE LAW. The parties agree that this Agreement is entered into in Greer, South Carolina, and that it shall be construed, governed, and regulated by and in accordance with the laws of the State of South Carolina. Venue shall be solely in the federal courts located in Greenville County, South Carolina and the state courts located in Spartanburg County, South Carolina.

10 BMW Zentrum Caterer Responsibilities All Caterers working at BMW Zentrum must have copies of their current business licenses, food service permit, certificate of insurance and proof of workman s compensation on file with the Zentrum as well as any other applicable permits. Caterers are responsible for all event-related clean-up and for unloading, loading, setting up and reloading all their goods. Caterers are responsible for removal of trash from premises at the end of the event. Table decorations, table configurations, linen colors and any props or decorations for the event must be approved by BMW/Zentrum staff. Any movement of Zentrum furniture must have approval of BMW/Zentrum staff. It is the responsibility of the caterer to return the tables to their original position. Absolutely no dragging of tables or chairs across the Zentrum floors. Caterers must bus all tables of glasses, dishes, trash, etc. at all times during the event. Bussing stands will be set up throughout the Zentrum. When the theater or auditorium are part of the rental agreement, bussing stands must be placed outside the auditorium and theater as no food or drink are permitted in these areas. All deliveries to the Zentrum must be made in the rear of the building, even if the cafe is being used. All vehicles supporting the event may load and unload at rear of building, then must be relocated in parking lots. No vehicles may be left in circle. The only vehicles which can remain at the rear loading area are those which hold catered food and are used in some way for food prep. No other vehicles, including volunteers, support staff vehicles may be parked behind the Zentrum. No alcohol may be sold without first obtaining the required temporary license from Spartanburg County and the State of South Carolina. BMW /Zentrum staff reserves the right to close all bars if it appears necessary to protect the facility and safety of individuals. Bars must be attended at all times, no free pouring is permitted. Bartenders will be professional and will obey the laws pertaining to the serving of alcoholic beverages.

FAIRVIEW PRESBYTERTIAN CHURCH HALL RENTAL AND FACILITY USE CONTRACT 4264 AVONIA ROAD, FAIRVIEW PA

FAIRVIEW PRESBYTERTIAN CHURCH HALL RENTAL AND FACILITY USE CONTRACT 4264 AVONIA ROAD, FAIRVIEW PA 16415 (814)474-3914 Email: fairpresby@verizon.net Website: fairviewpresbyterianchurch.com Estimated number