SAMPLE RENTAL CONTRACT
Welcome %client_name%. We look forward to helping you make your event everything you want it to be. This Rental Agreement contains the understanding between us as to our agreement. Please read it carefully. This Agreement is between The Studio Downtown LLC, a Minnesota Limited Liability Company with an address at 205 2nd St E., Hastings, MN 55033 (“Venue”, “we” or “us”) and the person(s) (“Renter”, “you” or “your”) signing this Agreement.
1. Building Access and Rules. You agree that your reserved rental times are from %job_start_time% to %job_end_time% on %job_date%. You understand that this is the timeframe you will have access to the building. If the rental times are not adhered to, the Venue may charge for overages.
You agree that you have read our Venue Rules and that you and your guests will abide by these rules.
2. Pricing. The pricing for the facility and the items we offer for rental are listed fully on our website. We may update these at any time. Any pricing we have agreed to will not change if we make updates. If an item becomes unavailable, we will attempt to find a suitable replacement, or we will deduct the cost of the items we can no longer provide from the total amount due us.
3. Cost, Deposit and Payment. An event is not booked until we have received your deposit. The remaining balance is due and payable thirty (30) days before the day of the event. If the remaining balance is not paid when due, Venue may cancel your event without liability to Venue. Any rental or other charges (e.g., additional rental items) incurred less than thirty (30) before the event are due and payable at the time they are incurred.
4. Damage Deposit. The damage deposit listed on your invoice must be paid prior to the event. Failure to pay the damage deposit gives us the right to cancel the event and retain all monies paid to us. You agree to pay for any and all damages to the Venue and any property rented to you by us. You are responsible for damages caused by your guests. Damages do not include normal wear and tear. Damage Deposits, less any deductions, will be returned to you after we have completed our final walk-through of the venue. We will notify You of damage charges.
5. Changes to the Event Date. You may request a change in event date within thirty (30) days of your booking without incurring a rebooking fee if the facility is available for the new date. Requests for changes after thirty (30) days may incur a rebooking fee. This fee is not intended as a penalty but as liquidated damages for our added expenses. New dates may incur different pricing, which we will notify you of at the time of the revised booking. We may request that you sign a new agreement for the new date.
6. Cancellation of Event by You. You may cancel your event at any time by providing the Venue with written notice of the cancellation. We will refund amounts paid according to the following schedule:
6 months or more before the event: Full refund
3 months or more, but less than 6 months: 50% refund
Less than 3 months before the event: No refund
7. Cancellation of Event Dates by Us. We may cancel your event at any time if, in our sole judgement, a Force Majeure Event has occurred. A “Force Majeure Event” means acts of God or government that, in our judgement, prevents us from reasonably and safely hosting the event. Force Majeure Events include but are not limited to: disease, riot, civil unrest, flood, tornado, hurricane, fire, snow, earthquake or other weather event or disaster, strikes or other labor activities, criminal or terrorist activities of any kind, orders or actions of state or local government and for any other reason beyond Venue’s reasonable control. If we cancel your event, we will offer you the opportunity to rebook with Venue and apply all deposits and other amounts paid to the new date or if an alternative date cannot be agreed on, we will refund your deposit and other sums paid by you in advance. You hereby release and forever discharge Venue from any and all expenses or costs incurred by you arising or resulting from a canceled event, including, without limitation, the cost of transportation, lodging and meals, insurance premiums and deductibles, and the cost of any additional or alternative arrangements you elect or are required to make or incur as a result of a canceled event.
8. Rental Items. We understand that the needs of an event change, particularly with items that you wish to rent from us. We may agree to change the items rented by us at any time in an email exchange specifying the items, quantity, and price.
9. Decorations, Fireworks and Personal Items. You are responsible for providing your own decorations for your event. The decorations must comply with our then-current rules. Glitter and sparklers are NOT permitted. Candles have an enclosed flame and be approved by us in advance.
10. Photos and Videos. We and our representatives may make photographic or video recording(s) of an event for our promotional purposes. You agree and grant to Venue a limited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free license to exhibit, publish, display, and promote such images and recordings for the limited purpose of promoting and marketing the Venue and its services. This paragraph will survive the termination of this Agreement.
WAIVED but always recommended 11. Insurance. You agree to obtain a general liability insurance policy of $1,000,000 per occurrence and $2,000,000 limits to cover your event. You agree that if alcohol is served or available at your event, you will obtain hosted liquor liability coverage for the same amount. We must be named as an additional insured on the policy and you must provide us with a certificate of insurance and a copy of the policy at least 14 days prior to your event. Venue may cancel your event, without liability, if Venue does not receive proof of the requested insurance at least 14 days in advance.
12. Alcohol. The Venue strongly suggests hiring a licensed bartender when serving alcohol. Any sale of alcohol (e.g., a cash bar) will require a licensed vendor to provide that service. We strongly recommend that transportation be arranged for guests who are consuming alcohol.
13. Liability and Indemnity. You are responsible for any and all damages that arise from your event, including the setup and tear down. You agree, at your expense, to defend, indemnify and hold Venue, its owners, employees, contractors and partners harmless from and against any and all damages, costs, liabilities, expenses and settlement amounts (including reasonable attorneys' fees) arising out of or resulting from any third party suit, claim, or action arising from your event. This paragraph will survive any termination or cancellation of this Agreement.
14. LIMITATION OF LIABILITY. NEITER VENUE OR ITS EMPLOYEES, OWNERS, OR CONTRACTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE VENUE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. VENUE’S MAXIMUM AGGREGATE LIABILITY, WHETHER ARISING IN TORT, EQUITY, LAW OR CONTRACT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO VENUE. The limitations set forth in this Section shall not apply where prohibited by law, but instead shall be interpreted to give effect and enforced to the maximum allowable extent. This paragraph will survive the termination or cancellation of this Agreement.
15. Entire Agreement, Amendment. This Agreement, including the attached Schedules, constitutes the entire agreement of the parties with respect to the event. There are no other agreements, whether written or oral, between the parties with respect to the event. Any amendments to this Agreement must be in writing and signed by the parties.
16. Non-disparagement. The parties agree that they will not disparage or otherwise make untrue statements about another party to this agreement in a public forum, including but not limited to social media, websites or review sites. This paragraph will survive the termination of or cancellation of this Agreement.
17. Waivers. No waiver of any provision of this Agreement shall be valid unless it is in writing and signed by the waiving party. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or a limitation of the party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
18. Governing Law/Jurisdiction and Venue. The laws of the State of Minnesota shall govern this Agreement without regard to its conflicts of laws provisions. All claims or actions arising hereunder shall be heard in a state or federal court located in Dakota County, Minnesota. The prevailing party in any action hereunder shall be entitled to its reasonable attorney’s fees and costs in any action or claim arising hereunder.