Sample Contract.
Payment:
Fee: $3000
Deposit: $600 (20%)
Payment Terms: The Clients or Representative for the Client (s), agree to pay an initial deposit of 20% of the total of all fees. This payment serves to hold the venue for the specified date of the wedding and is payable at the time of contract signature. The remaining agreed upon venue rental fees will be due 7 days prior to the date of the event.
Rescheduling and Cancellation Policy: In the event the Client (s) changes the date of the event reasonable efforts will be made by The Greenbarn to transfer reservations to support the new date at their discretion and subject to availability. The Client(s) agrees that in the event of a client initiated date change, any expenses related to accomadating a new date are the sole responsibility of the Client(s). Due to the nature of the outdoor venue, the Client(s) understands that scheduling changes can impact the character of the event. The Client may cancel this agreement any time up to 90 days prior to the event date at no cost. If client shall elect to so cancel with less than a 90 day notice, the 20% deposit will NOT be refunded. The Greenbarn may cancel rentals due to emergency conditions, or events beyond the control of The Greenbarn. In case of cancellation initiated by The Greenbarn, all rental and deposit monies will be refunded.
Additional Terms:
Client will, and ensure that they, thier vendors and guests will obey the rules and regulations of the Venue.
Client will provide a list of all third party vendors to Provider.
Client must exit the Venue no later than the 12:00 am on the date of the event.
Rules and Regulations:
Parking: All vehicles associated in any way with the event or wedding must be parked within the parking area or the drive. No vehicles shall be parked on any lawn surface.
Candles: All candles must be contained or enclosed in glass. The flame must not reach higher than 2 inches below the height of the glass.
Campfires are allowed in the designated area only.
All outdoor events must end by 10pm to comply with sound ordinances, respect to other guests, and in order to allow for cleanup and closure of the site by midnight.
Decorations: All decorations must be removed without leaving damages directly following the departure of the last guest, unless special arrangements have been made between the Client(s) and the venue. Decorations may NOT be hung with nails or screws anywhere on the barn structure.
Tents and Stakes: If any events tents are used, setup must be supervised by The Greenbarn ownership. No stakes of any kind are to be driven into the ground without The Greenbarn ownership supervision or permission.
For weddings and reception farewells the following is not allowed: fireworks (not including sparklers), confetti, glitter, pyrotechnics, and fake flower petals.
Pets: Pets may be included in outdoor ceremonies. Clients are responsible for cleaning up all pet waste and any damages the pets may cause.
Music: all outdoor music must end by 10pm due to city sound ordinance. The venue is located in a residential neighborhood, please be considerate of the noise levels.
This order form (“Order Form”) and the Rental Terms and Conditions attached hereto (collectively, the “Agreement”) is entered into by and between the client specified in the Order Form (“Client”) and (“Provider”). Any capitalized terms used but not defined in this Order Form have the meaning set forth in the Rental Terms and Conditions.
Accepted and agreed by their duly authorized representatives of the parties as of the Effective Date.
Rental Terms and Conditions
These Rental Terms and Conditions (these “Terms”) set forth the terms governing Provider’s rental of the venue described on the Order Form (“Venue”) to Client and are hereby incorporated into the Agreement.
RENTAL AND COMPENSATION. Provider will rent the Venue to Client on the terms and conditions specified in these Terms. Client will pay Provider the fees in the amount and frequency specified in the Order Form. If the Order Form does not specify when fees would be due, then Client will pay the amounts due within ten (10) days of the date of the last signature (the “Effective Date”). All fees paid under this Agreement are non-refundable, unless otherwise expressly specified in these Terms or the Order Form. If Client’s payment is declined due to insufficient funds, Client may be subject to an additional fee by Provider.
CLIENT OBLIGATIONS. Additionally, Client will provide necessary support and cooperation for the rental of the Venue (“Client Obligations”), including the obligations set forth below or contained in the Order Form. If Client is unable to perform any of the Client Obligations, Client will promptly notify Provider.
Rescheduling; Cancellation. If not set forth in the Statement of Work, any rescheduling or cancellation of Venue rental will be subject to Provider’s rescheduling or cancellation policy.
Cleaning and Repair. Unless otherwise set forth in an Order Form, Client will be responsible for removing all belongings, or any items not present at the Venue prior to the Start Date. Provider will not be liable for any property left at the Venue after the End Time. Client will be responsible for collecting all trash into trash bags, Provider will dispose of collected trash. If the Venue is not in good appearance and condition after the End Time, then Provider may make such repairs or may cause such repairs to be made as are necessary to put the Venue in a state of good appearance and condition. Provider will make any repairs within a reasonable time after the End Time and will give Client written notice of and invoices for the said repairs. Provider will deduct the repairs from the security deposit first, if applicable. If amounts owed exceed the security deposit, Client will promptly pay the remaining amount.
Use of Venue. Client remain in compliance with applicable law and any policy, requirements, or recommendations of Venue. If food or alcohol is permitted to be at the Venue, Client is responsible for having all required permits, licenses and approvals and will provide evidence of such to the Provider. Unless Client receives prior consent from Provider, Client will not alter, modify or attach anything to the Venue, unless such alternation, modification or attachment can be removed easily and without damaging any part of the Venue’s functional capabilities or economic value. Early access to the Venue (before the event date) or late access (after the event date) can be arranged upon request for set-up and tear-down purposes subject to other events that may be scheduled.
TERM; TERMINATION
Term. This Agreement commences and expires on the dates specified in the Order Form.
Termination. Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the breaching party does not cure such breach within thirty (30) days after receipt of written notice of such breach.
Effects of Termination. Upon the effective date of termination of this Agreement for any reason, all rights and duties of the parties toward each other will expire, except: (i) Client will pay Provider all amounts owed but not paid for the rental Venue; (ii) unless otherwise set forth on the Order Form, Client will exit the Venue by the End Time; and (iii) Sections titled “Cleaning and Repair,” “Ownership of Venue,” “Indemnification,” and “Limitation of Liability” will survive.
LIMITED WARRANTY; DISCLAIMER. PROVIDER WARRANTS THAT PROVIDER HAS THE RIGHT TO LEASE THE VENUE ACCORDING WITH THESE TERMS. PROVIDER (I) MAKES NO WARRANTIES EXCEPT FOR AS SET OUT ABOVE; AND (II) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. PROVIDER’S SOLE AND EXCLUSIVE LIABILITY AND CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE LIMITED WARRANTY SET OUT IN THIS SECTION WILL BE A REFUND OF TOTAL FEES PAID. CLIENT MUST ALLEGE A BREACH OF SUCH WARRANTY WITHIN THIRTY (30) DAYS OF PERFORMANCE TO RECEIVE SUCH REPLACEMENT.
OWNERSHIP OF VENUE. The Venue is the property of Provider and will remain the property of Provider. Client will not encumber the Venue as a security interest in any manner and keep the Venue free and clear from any and all attachments, levees, encumbrances, and liens.
INDEMNIFICATION. Client will indemnify, defend and hold harmless Provider and its officers, directors, employees and agents from and against all taxes, losses, damages, liabilities, costs and expenses (including attorneys’ fees and other legal expenses) from any actual or threatened third-party claim in connection with or arising directly or indirectly from (i) bodily injury, death of any person, or damage to real or tangible personal property resulting from Client’s failure to perform Client Obligations or from the willful, fraudulent, negligent, or other acts or omissions of Client; and (ii) Provider’s rental of Venue or Client’s use of the Venue under this Agreement, except to the extent that such claim is based on Provider’s breach of this Agreement, negligence or misconduct.
LIMITATION OF LIABILITY. EXCEPT FOR CLIENT’S OBLIGATIONS UNDER THE SECTION TITLED “INDEMNIFICATION,”: (I) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) NEITHER PARTY’S LIABILITY ARISING OUT OF THIS AGREEMENT WILL EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT.
GENERAL
Independent Contractor Relationship. The relationship between the parties is that of independent contractors. Neither party will have authority to contract for or bind the other party in any manner whatsoever.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the parties. In the event of any conflict between the Order Form and these Terms, the Order Form will control.
Assignment and Subcontracting. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Neither party may assign this Agreement, without the prior written consent of the other party; not to be unreasonably withheld. Any such attempted assignment, delegation or transfer in violation of this Section will be null and void. There are no intended third-party beneficiaries to this Agreement. Provider may subcontract any of its obligations under this Agreement; provided that Provider will remain liable for its obligations and all acts or omissions of its subcontractors.
Force Majeure. Except for the payment of fees, neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
Governing Law; Consent to Personal Jurisdiction. This Agreement will be governed by the laws of the state of New Mexico of the principal place of business of Provider without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under this Agreement, the parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts or other applicable courts located within the state or province (as applicable) of the principal place of business of Provider.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Modification, Waiver. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in a writing signed by the parties. Waiver by either party of a breach of any provision of this Agreement will not operate as a waiver of any other or subsequent breach.
Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder will be in writing and will be deemed to have been given (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by email if sent during normal business hours, and on the next business day if sent after normal business hours; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective party at the addresses indicated on the Order Form (or at such other address for a party as will be specified in a notice given in accordance with this Section).
Mediation. In the event a dispute shall arise between the parties to this [contract, lease, etc.], the parties agree to settle any dispute in mediation in accordance with the mediation procedures of United States Arbitration & Mediation. The parties agree to share equally in the costs of the mediation.