VENUE RENTAL SMALL PRINT
AT NO TIME MAY ANYONE GO BEHIND THE BAR. THERE IS A $100 FEE IF SOMEONE GOES BEHIND THE BAR.
EXCESSIVE CLEANUP FROM PRODUCTS SUCH AS GLITTER, CONFETTI, ETC. MAY RESULT IN A $250 CLEANING FEE.
1. DAMAGE TO PROPERTY
Representatives of Client and Third Coast shall inspect the premises after the event and Third Coast shall identify any damage to Third Coast property or premises for which Client is responsible under paragraphs 3 and 6 (a) hereof. Third Coast shall secure two (2) bids for repair or replacement of such damaged property, if feasible, and Client agrees that the lowest such bid shall be the agreed upon amount of damages to be paid to Third Coast. Client will pay any additional amounts within thirty (30) days after invoice by Third Coast.
2. EXCUSE OF PERFORMANCE
The performance of this Contract by either party is subject to acts of God, war, government regulation or advisory, disaster, fire, illness, accidents or other casualty, strikes or threats of strikes, civil disorder, acts and/or threats of terrorism, or curtailment of transportation services or facilities, or similar causes beyond the control of either party making it, illegal or commercially impossible to hold the event/program or provide the services. Either party may terminate or suspend its obligations under this Contract if such obligations are delayed or prevented by any of the above events to the extent such events are beyond the reasonable control of the party whose reasonable performance is prevented. Notwithstanding the above, Client bears the risk of cancellation due to inclement weather and shall pay all third-party contractors, acts and entertainment in full, if this occurs.
3. RECIPROCAL INDEMNIFICATION
a) Third Coast shall indemnify, hold harmless and defend Client, and its officers, directors, employees, agents and members and bear all costs they incur for all loss, expense, damage, causes of action, claims, or demands of whatever kind and nature, including judgments, interest and reasonable attorney’s fees, which occur or arise directly or indirectly out of the negligence or willful misconduct, act or omission of Third Coast, its agents or employees. Such indemnification of Client by Third Coast shall be effective unless such damage or injury results from the negligence or willful misconduct, acts or omissions of Client, its agents, servants, employees, guests or invitees. b) Client shall indemnify, hold harmless and defend Third Coast, and its officers, directors, employees, agents, and volunteers and bear all costs they incur for all loss, expense, damage, causes of action, claims, or demands of whatever kind and nature, including judgments, interest and reasonable attorney’s fees, which occur or arise directly or indirectly out of the negligence or willful misconduct, act or omission of Client or any attendee, guest, invitee, or member of Client staff. Such indemnification of Third Coast by Client shall be effective unless such damage or injury results from the negligence or willful misconduct, acts or omissions of Third Coast, its officers, directors, employees, agents, or volunteers.
4. INSURANCE
a) Third Coast shall carry liability and other insurance in such dollar amount as deemed necessary by Third Coast to protect itself against any claims arising from any officially scheduled activities during the event/program period(s). b) Client shall carry general public liability insurance and other necessary insurance in the amount of no less than One Million Dollars ($1,000,000) to protect itself against any claims arising from any officially scheduled activities during the event/program period(s); and to indemnify Third Coast which shall be named as an additional insured for the duration of this Contract. c) Any third party suppliers/vendors used or contracted by Client shall carry liability and other necessary insurance in the amount of no less than One Million Dollars ($1,000,000) to protect itself against any claims arising from any officially scheduled activities during the event/program period(s); and to indemnify Third Coast which shall be named as an additional insured for the duration of this Contract.
5. ATTORNEY’S FEES
In the event of a breach of the terms of this Contract, subject to compliance with paragraph 10 hereof, the non-breaching party shall be entitled to pursue any remedy provided in law or equity, including injunctive relief and the right to recover any and all damages and costs, including reasonable attorneys’ fees and court costs, it may have suffered or incurred by reason of such breach, whether or not suit is brought.
6. MISCELLANEOUS PROVISIONS
a) Client understands that many of the decorations, furniture items, serving items, small wares, equipment items and props are rented for the occasion or are the property of Third Coast or other contractors. Should any such items be damaged or converted by Client or its employees, agents or guests, then Client agrees to pay the repair and/or replacement costs of such items. b) Section headings, numbers, letters and emphasis marks have been inserted for convenience of reference only. If there shall be any conflict between any such headings, numbers, letters or emphasis marks and the text of this Contract, the text shall control.
