Fee and Deposit

1. Fee and Deposit. Customer shall pay Provider (the “Fee”) to rent the Venue for Customer’s Event. Fifty (50%) percent of the Fee (the “Deposit”) is due upon execution of this Contract and the balance of the Fee is due the day of the Event. Customer expressly acknowledges and agrees that they shall not be entitled to use of the Venue unless and until the Fee is paid in full. Additionally, should the Event exceed the contracted time, additional charges  (“Additional Charges”) will be incurred and charged to Customer for any excess use of the Venue. Customer shall pay Provider any Additional Charges incurred within three (3) business days after the Event.

 

Cancellation Policy

Should Customer cancel or postpone the Event, the following change or cancellation fees shall apply: a) if Customer cancels more than thirty (30) calendar days prior to the date of the Event, Provider shall be entitled to retain the Deposit; b) if Customer cancels less than thirty (30) calendar days prior to the Event, Provider shall be entitled to the full amount of the Fee and Customer shall pay to Provider the balance of the Fee, less the prepaid Deposit, within three (3) business days of Customer’s cancellation; or c) if Customer postpones the Event, regardless of the length of postponement, Provider shall be entitled to retain the Deposit and the Deposit shall not apply to the Fee of the postponed event. Customer expressly acknowledges and agrees that if they elect to cancel or postpone the Event, Provider is in no way obligated to provide or guarantee the availability of the Venue for a specific future date, unless such date is available and Customer reserves same by remitting another Deposit to Provider.

Should Provider cancel or postpone the Event, Provider shall retain the Deposit and make every effort to reschedule the Event at a time convenient for Customer and which does not conflict with any other prepaid reservations of the Venue. In this instance, the Customer will cooperate with Provider in good faith to reschedule the Event; however, if Customer and Provider are unable to mutually agree on a future, alternate date for the Event, then Customer shall be entitled to return of their Deposit only, and such Deposit shall be promptly returned.

 

Outside Vendors

Contracts with vendors unaffiliated with Provider for outside services shall be executed exclusively by Customer and shall not be binding on Provider, including but not limited to party planners, caterers, alcohol, entertainment, etc. If alcohol is desired, a certified bartender must be used and a copy of their certification must be given to Provider at least seven (7) calendar days prior to the start of the Event. Under no circumstance shall Provider be liable or in any way responsible for the services, performance, or actions of any outside vendor or other third party contracted by Customer. Any obligations to such outside vendors or other third parties contracted by the Customer shall be the sole responsibility of Customer.

Liability.

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By signing this Contract, Customer agrees to indemnify and hold Provider, its members, officers, directors, employees, affiliates, subsidiaries, agents, successors and assigns harmless from and against any losses, costs, liabilities, damages, claims, expenses, bodily injuries, deaths, slips and/or falls, accidents, or theft to Customer and/or any of Customer’s employees, staff, guests, and attendees, while the Venue is in the Customer’s possession and being rented by Customer. Customer agrees to assume all liabilities, obligations and responsibilities of hosting the Event at the Venue at Customer’s own risk and in consideration of the risk of Customer’s invitees.

Should Customer elect to have alcohol present and served at the Event, they shall be required to purchase and provide Event and Liquor Liability Insurance, and proof of such insurance shall be given to Provider no later than seven (7) days prior to the Event.

Provider reserves the right to remove anyone acting in an unruly, destructive or dangerous manner and to cut off and/or remove intoxicated persons from the Venue during the Event.

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Rules and Restrictions

The following rules and restrictions shall apply to the Event and to all persons present at the Venue for the Event. Venue rental includes use of the dining room, glass room, cafe counter, bathrooms, and outdoor patio. Rental does not include use of the kitchen, office, or storage closet--under no circumstances should Customer enter or store items in these areas. 

 

Customer shall be responsible for their employees, staff, guests and invitees to adhere to these rules and restrictions.

a. No Smoking/Open Flame. No smoking or open flame is permitted at, in or around the Venue. Customer may use battery operated, flameless candles.

b. Drugs/Illegal Activities. Drug use of any kind and any illegal activities are not permitted at, in or around the Venue. If Provider reasonably believes that there is drug use or any other illegal activity occurring at, in or around the Venue before, during or after the Event, then Provider shall have the right authority to a) remove Customer and/or their employees, staff, guests and/or invitees from the Venue; b) cancel or halt the Event and cancel this Contract;
and/or c) call the police.

c. Decorations/Confetti, etc. Customer is not permitted to put up decorations in advance of the times listed under Event Information on the first page of this Contract. Customer shall reserve enough time for set up of the Event. Customer, and their vendors, employees, staff, guests and invitees shall not nail or tape anything to the walls of the Venue. Outside decorations are permitted, provided that such decorations do not damage or alter the Venue exterior or property in any way. Customer shall be responsible for the removal and cleanup of any decorations or other items brought to the Venue for the Event. Any personal property, items or decorations left at the Venue after the date of the Event will be forfeited to Provider. The use of confetti, tape, glitter, silly string, sparkles, fireworks and firearms are prohibited anywhere on the Venue property.

d. Set Up/Clean Up: Customer is responsible for setting up for the Event as desired, including but not limited to moving tables and/or chairs, placing decorations, etc. Should minimal movement of  tables or chairs be required, it must be carefully as to not damage floor or furniture. Tables and chairs may not be moved from the dining area and may not be stacked on top of each other.

After the Event, all furniture must be returned to its original location, the Venue and any surrounding property must be free of debris, decorations and garbage, which garbage shall be placed in appropriate bags, provided by the Provider, and placed in a reasonable, conspicuous location within the Venue. Provider will dispose of the garbage in a proper receptacle. For avoidance of doubt, all clean up during and after the Event is the sole responsibility of Customer. Failure to clean up or leave the Venue in substantially the same condition as when Customer took possession will result in a $500.00 cleaning fee, which shall be considered Additional Charges.

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Photographic Rights

Provider reserves the right to photograph all events held at the Venue and to use same for marketing purposes, including but not limited to, posting to Provider’s social media, including on the Provider’s website, and other advertising.

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Provider Damages Limitations

The liability, if any, of the Provider and its officers, directors, affiliates, agents, servants, representatives, employees, successors and assigns with regard to this Contract for any claims, costs, damages, losses, and expenses for which the Provider is or may be legally liable, whether arising in negligence or other tort, contract, or otherwise, shall not exceed the Fee. Customer intentionally, knowingly and voluntarily waives all remedies available under common and statutory law for damages caused by the Provider other than the refund of the Fee. The limitation set forth in this Section 8 does not apply to limit Customer’s liability, if any, to Provider.

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No Assignment

Customer may not assign or transfer any of its rights or obligations under this Contract.

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General Provisions

a. The Parties hereby agree to be bound by the terms and provisions contained herein.

b. The laws of the State of Michigan shall govern this Contract.

c. This Contract represents the entire agreement between the Parties and no alterations or amendments may be made to same except in writing and signed by all Parties.

d. Delivery of an electronically executed counterpart of a signature page to this document by facsimile or by electronic mail in portable document or comparable format (PDF) shall be as effective as delivery of a handwritten executed original counterpart to this document for the purposes of its validity, enforceability and admissibility. The undersigned also agrees that his, hers or its respective electronic signatures and electronic transmissions (jointly, an “Electronic Signature”), including via DocuSign or other similar method, shall be legally binding as to such signer in accordance with the Global and National Commerce Act (“E-SIGN”), Uniform Electronic Transactions Act (“UETA”), and any other related governing state law and such Electronic Signature shall constitute an Electronic Record under such laws with respect to this specific transaction. Each executed counterpart shall be deemed an original, and all such counterparts shall constitute one and the same document.

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Please make sure you understand the terms of this contract before approving our rental estimate.  Questions can be directed to our Venue Coordinator, Danielle at events@theivytable.org