TERMS OF SERVICE

Disclaimers

The Space shall be provided by Host as-is and Host makes no warranty regarding the suitability of the Space for Guest’s intended use. However, the space will be clean, sanitized, and tidy prior to the event.

 

Condition

After the completion of the Event, the Guest shall leave the Space in the same or similar condition as received from Host.

 

Damages

Beyond ordinary wear and tear, Guest shall be responsible for any damage caused by Guest’s use of the Space. Guest shall arrange for the repair of any such damage. In the event if Guest does not make any necessary repairs, Host shall arrange for the same at Guest’s expense. Guest will provide Host their card to hold on file during the event if such an incident shall arise and that card will be given back at the end of the event..

 

Cleanup

Guest will be responsible for clearing all trash generated at the Event and depositing it in the proper waste receptacles on-site.

 

Right of Entry

Host shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Host’s property, or injury to any person in or near the Space.

 

Indemnification

Guest hereby indemnifies and holds harmless Host from any damages, actions, suits, claims, or other costs (including reasonable attorneys fees) arising out of or in connection with any damage to any property or any injury caused to any person (including death) caused by Guest’s use of the Space, including any acts or omissions on the part of Guest, its employees, officers, directors, independent contractors, or other agents. Guest shall notify Host of any damage or injury of which it has knowledge in, to, or near the Space, regardless of the cause of such damage or injury.  The principal of the GUEST entity above agrees to be individually responsible for the full performance of the agreement here within.

 

Revocation

Host shall have the right to revoke the License at any time prior to the Event Date, provided it gives Guest  prior written notice of revocation. In the event that Host revokes the License prior to the Event for reasons other than nonpayment of fees or breach of this Agreement by Guest, Host shall refund to Guest the full amount paid by Guest in connection with this Agreement, including the entire Deposit.

 

Cancellation

Guest may cancel the Event by notifying Host by providing notice thirty (30) days or more before the Event Date. In such an event, Host shall refund to Guest the full amount of the License Fee. In the event that the Event is cancelled within thirty (30) days of the Event Date, Host shall have the right to retain the full Deposit.

 

Assignment

Neither Party may assign or transfer their respective rights or obligations under this Agreement without prior written consent from the other Party.

 

Governing Law

This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of New York, without regard to conflicts of law principles.

 

Entire Agreement

This Agreement constitutes the entire agreement between Guest and Host, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

 

COVID-19 Disclaimer

The coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and increased personal protection efforts, including frequent hand washing and wearing face coverings at all times outside the home. By signing below, you acknowledge the contagious nature of COVID-19 and voluntarily assume all risk that you may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death to you or those with whom you come into close contact.

 

You further acknowledge and agree to accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, to you or those with whom you come into close contact (including your household members)(“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless the Host, its employees, board of directors, and representatives, of and from any Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

 

You further understand and agree that this release includes any Claims based on actions, omissions, or negligence of the Host, its employees, board of directors, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the Event.

 

You agree to abide by posted rules, warning or instructions by the Host, the Space where the Event is held and any government authority with respect to social distances, adherence to any dress code (including mandatory face coverings) and sanitation guidelines.

 

You further agree not to attend the Event if you are diagnosed with or suspect that you may have been infected by COVID-19, and in the event you become ill or suspect you have been infected with COVID-19, you agree to immediately discontinue your participation in the Event and alert the Host via e-mail or telephone.