Crow Family Farms

Weddings & Events  


FACILITIES RENTAL AGREEMENT

This Facilities Rental Agreement (“Agreement”), is entered into on _____________________, by and between Richard and Debbie Crow DBA Crow Family Farm (“Lessor”) and ___________________, of ___________________, ____________________, _____________________ (“Lessee”). The parties hereto, intending to be legally bound, and in consideration of the mutual covenants hereinafter contained, agree as follows: 

GRANT
Lessor, on the dates and times set forth herein and subject to the terms and conditions of this Agreement, hereby grants to Lessee a license to use The Pavilion at Crow Family Farm “Facility” for the _____________ (“Event”) to be held on ____________________ at ________. 

DATE / TIME OF PERMITTED USE 

Access to the Facility for the Event will commence at 8:00 am on the date of the Event and will end at 10:00 PM. No adjustment to the event start or end times may be made less than thirty (30) days prior to the event. Please note that the set up time begins at the start time. The end time is when you leave the facility and includes clean up / tear down time unless prior approval has been given. The end time is not the time your guests leave. Pavilion rental at Crow Family Farm includes use of the Pavilion, kitchen, restrooms, grills,  and area surrounding the Pavilion. The kitchen includes a microwave, full-sized refrigerator, sink and prep area. 

TO RESERVE YOUR EVENT: Please submit 50% of the rental fee, this signed contract and a signed Hold Harmless Agreement to Crow Family Farm. We will contact you after receipt to discuss your event, needs and to ensure all information provided is correct. 

FINAL PAYMENTS: The remaining 50% of the rental fee is due thirty (30) days prior to the event date as is the $500 refundable security deposit. If final payment and security deposit are not paid within ten (10) days of the event date, the event will be canceled without refund. 

SECURITY DEPOSIT: A $500 refundable security deposit will be due thirty (30) days prior to the event date. A thorough inspection of the facility and surrounding area will be done after the event. If no damage is found, the security deposit will be refunded within fourteen (14) days.

INCLEMENT WEATHER: In the event of severely inclement weather, as determined by Crow Family Farm, 80% of the payment may be used for another available date. If the Client decides not to re-book, no refund will be given. Crow Family Farm is not responsible for inclement weather and its effect on the Client’s event. We encourage clients to purchase event insurance. 

ALCOHOL POLICY: Alcohol consumption is allowed at the Pavilion.  Alcohol service is allowed for a maximum of 4 hrs per day. Alcohol service must cease 30 minutes prior to the clean up time beginning.   Crow Family Farm  accepts no responsibility or liability for alcohol served at the event. The wedding or event parties must provide a one  special  event insurance in order to provide alcohol  and a  licensed bartender must be used. Beer and wine in bottles or cans only. No kegs, liquor, drugs or drug paraphernalia are allowed and tailgating in the parking area is not allowed. Guests bringing in these items will be asked to leave and law enforcement may be called to enforce these policies if necessary.  The wedding party or caterer is responsible for providing ice, coolers, corkscrews, etc.

PHOTOGRAPHY: Crow Family Farm reserves the right to take photographs during events at Crow family Farm. The primary focus will be on decorations, cakes, food and centerpieces. However, pictures of guests may also be taken during the event. Crow Family Farm reserves the right to use these photographs in its advertising and marketing materials and on the website owned by Crow Family farm. By signing this contract, the client gives permission to use images of any and all guests and providers of service in attendance at their event. 

DÉCOR: We require that Clients and their Providers adhere to the following decorating guidelines: 
1. Furniture and fixture must not be moved without consent and supervision by Crow Family Farm personnel. 
2. Tape is the preferred method for attachment of décor items to any walls or fixtures and the tape must be removed completely along with the décor item. Nails or screws used in any wall, fixture or equipment are not permitted. Thumb tacks may be permitted in some areas with approval of Crow Family Farms personnel.  
3. Candles must be enclosed in glass or metal containers and placed on bases that prevent them from being spilled onto furnishings or fixtures. Décor items should not be placed near candles in such a way to create a fire hazard.  
4. Confetti, party string, sparklers and fireworks are not permitted as they may present a danger to the property, wildlife or other guests. Bubbles, lavender, flower petals or other similar organic material may be used outdoors only. 

SMOKING POLICY:  Smoking is prohibited inside the Pavilion or the cabin and only allowed in designated areas. 

No children will be allowed inside the cabin without Adult supervision.  Gates that are closed on the property need to remain closed and shall not be opened at no time without prior written permission of the owner.  

CATERERS / EQUIPMENT / RENTALS: All items related to the event must be delivered and set up on the same day as the event. They must also be taken down and removed at the end of the event unless prior approval has been attained. The Pavilion must be left clean including the kitchen and restrooms. Trash needs to be removed.  

RENTAL FEE:  Lessee shall pay to Lessor as a rental fee for the use by Lessee of the Facility, the sum of _________, plus all other charges to be paid by Lessee under this agreement (the “Rental Fee”). Lessee shall deposit the sum of 50% with Lessor upon the execution of this Agreement, which sum shall be applied by Lessor to the Rental Fee upon completion of this Agreement. The balance of the Rental Fee shall be paid in full by Lessee no later than 30 days prior to the event date.

INSURANCE:  Lessee agrees that it shall, at its sole cost and expense, procure and maintain a policy of commercial general liability insurance (including contractual liability) in an amount not less than $1,000,000.00 per occurrence, $3,000,000.00 in the annual aggregate. Such insurance policies shall be carried with companies licensed to do business in the state, reasonably satisfactory to Lessor and shall be non-cancel able and not subject to material change except after thirty (30) days written notice to Lessor. Lessee shall deliver to Lessor duly executed certificates of insurance prior to the event.  Lessor shall not at any time be liable for damage or injury to persons or property in or upon the Facility.  

INDEMNIFICATION:  Lessee shall indemnify, defend and save harmless Lessor, its officers, agents and employees from and against any and all loss, cost (including attorneys’ fees), damage, expense and liability (including statutory liability and liability under workers’ compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings arising out of any act or neglect by Lessee, its agents, employees, contractors, Lessees, invitees, representatives, in, on or about the Facility. This indemnity shall survive the termination of this Agreement. Lessee hereby releases Lessor from any and all liability or responsibility to Lessee or anyone claiming through or under Lessee by way of subrogation or otherwise for any loss of damage to equipment or property of Lessee covered by any insurance then in force. 

"AS-IN CONDITION":  Lessee agrees to accept the Facility in its “as-is” condition “with all faults”. 

ASSIGNMENT AND SUBLICENSING:  Lessee shall not assign any interest in this License Agreement or otherwise transfer or sublicense the Facility or any part thereof or permit the use of the Facility to any party other than Lessee. 

TERMINATION:  Lessor may terminate this Agreement based upon any one or more of the following events: 
A. Failure of Lessee to pay the Rental Fee or any other charges due hereunder when the same is due.
B. Lessee fails to perform any of its covenants hereunder. In any of the aforesaid events, and in addition to any and all rights and remedies available to Lessor by law or in equity, Lessor may, with or without further notice, forthwith terminate this Agreement and expel and remove
Lessee, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in the judgment of Lessor or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for 
any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, Lessor may recover from Lessee all damages it may incur by reason of such breach by Lessee.

INTERFERENCE:   Lessee shall use the Facility in a manner which shall not cause interference with the use or occupancy of the other portions of the Building by Lessor or others in any way. Lessee’s use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon Lessor in maintaining the Building.  

RESTORATION:  If any damage occurs to the Facility, or if any repairs or replacements need to be made to the Facility as a result of Lessee’s exercise of its rights under this License, Lessee shall pay Lessor for any such damage, repairs or replacements upon demand by Lessor. 

CANCELLATION:  Lessee may cancel this Agreement at any time up to 180 days prior to the Event Date by providing written notice of such election to Lessor, at no cost to Lessee. If Lessee shall elect to so cancel this agreement between 179 and 121 days prior to the Event Date, Lessee will be charged 50% of the Rental Cost and any expenses incurred in good faith by Lessor in preparation for Lessee’s use of the Facility. For cancellations 120 days prior to Event Date, Lessee will be charged 100% of the Rental Costs and any expenses incurred by Lessor. 

GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within the State of South Carolina. 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. 

LESSOR:  
Richard and Debbie Crow DBA Crow Family Farm 

By: ___________________
Debbie Crow

LESSEE:
__________________________

By: _______________________




HOLD HARMLESS AGREEMENT


This HOLD HARMLESS AGREEMENT (this “Agreement”) is made effective on _________ by and between Richard and Debbie Crow DBA Crow Family Farm (hereinafter, “Crow Family Farm”) of 1650 Willie Kay Road, Donalds, South Carolina, 29638 and ______________________ 

(hereinafter, “Client”), of ___________________________, _________________________. Crow Family Farm and _______________ are sometimes individually referred to as “Party” and collectively referred to as "the parties".


WHEREAS, Client desires to use Crow Family Farm property located at 1650 Willie Kay Road, Donalds, South Carolina 29638 (the “Property”) to host an event with guests in the Pavilion and area surrounding the Pavilion; and WHEREAS, in exchange for making the Property available to Client for such purposes, Client desires to hold harmless Crow Family Farm from any claims and/or litigation arising out of the Client’s use of the Property. 


NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, Crow Family Farm and Client hereby agree as follows: 


TERMS:

1. Hold Harmless. Upon Client’s use of the Property by any of its employees, agents, invitees and/or volunteers for the purposes specified herein, Client shall defend, indemnify, and hold harmless Crow Family Farm from any and all actual or alleged claims, demands, causes or action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Client, its personnel, employees, agents ,contractors or volunteers in connection with or arising out of client’s use of the Property. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, degrees, attorneys fees, and related costs or expenses, and any reimbursements to Crow Family Farm for all legal expenses and costs incurred by it. 

2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party. 

3. Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 

4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppels, or otherwise.

5. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which the Party is entitled. 

6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. 

7. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.  

8. Applicable Law. This Agreement shall be governed by the laws of the state of South Carolina. 

9. Signatories. This Agreement shall be signed on behalf of Richard and Debbie Crow DBA Crow Family Farm by Debbie Crow and on behalf of _____________ by Client and effective as of the date first written above.  


By: ____________________________

Debbie Crow 



By: ____________________________

Client



Title: __________________________


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