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:
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 Facility 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. Rental at Crow Family Farm includes use of the barn, kitchen, restrooms, and area surrounding the barn. The kitchen includes a microwave, full-sized refrigerator, sink and prep area. The areas on the farm that have livestock fenced are not included and should not be entered by the lessee or their quest at any time.
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 facility. 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 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 barn, watering hole 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 during the lease. They must also be taken down and removed at the end of the event unless prior approval has been attained. The facility 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. Lessee agrees to conduct their behavior and that of their quest in a way as to not interupt the quiet enjoyment of the neighbors.
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.
Richard and Debbie Crow DBA Crow Family Farm