EVENT SPACE & SERVICE USE AGREEMENT
Agreement Reference No.:
Space or Service Provider:
Space or Service Name:
Space or Service Address:
Set up day/time (if applicable):
The Planner’s Name:
Event Time (inclusive of set up and clean up):
Check in time (if applicable):
Check out time (if applicable):
Excess Time Hourly Fee:
THIS AGREEMENT (the “Agreement”), made as of the _________________ (the “Booking Date”), is by and between The Lister, The Planner and gatherologie (each a “Party” and collectively, the “Parties”).
WHEREAS, The Planner desires to use the Space and/or Service for the Event; and
WHEREAS, the Parties used the Services provided by gatherologie in order to engage each other.
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
- Grant of License. The Lister hereby grants The Planner a limited and revocable license (the “License”) to use the Space or Service, located at the Address. The License permits The Planner to use the Space only from the agreed Check In date and time, until the Check out date and time, and only for the purposes set forth in Section 7 of this Agreement.
- Event Time. The Event Time is inclusive of set-up and clean-up time. The Planner shall not have access to the Space/Service outside of the Event Check In time and the Event Check Out time, unless The Planner receives prior written consent of The Lister.
- Security Deposit. The Planner must pay a Security Deposit on the Booking Date of this Agreement. The Security Deposit may be used by The Lister for any damage to the Space, or for Excess Time Fees incurred, as set forth in paragraph 5 below. The Security Deposit shall be directly paid by The Planner to The Lister.
- Excess Time Fees. Listing Fees are based on the stated actual hours which include set up and clean up time. If The Planner, its guests, or service providers exceed the Event Time for any reason, The Planner shall pay Excess Time Fees which shall be assessed and billed in 1/2 hour increments unless otherwise agreed in writing in advance between The Lister and The Planner. The Security Deposit may be used by The Lister as a compensation for Excess Time Fees, in the event The Planner does not promptly make payment of such Excess Time Fees.
- Right of Entry. The Lister shall have the right to enter the Space at any time including but not limited during the Event Time and for any reasonable purpose, including any emergency that may threaten danger to the Space or Service, or injury to any person in or near the Space or Service. Notwithstanding the foregoing, The Lister providing space shall not interfere with the Event except in case of emergency.
- Permitted Use. The Planner is authorized pursuant to the License to use the Space or Service to hold the Event, and for no other purpose, unless The Lister gives The Planner prior written authorization for additional permitted uses.
- Representation and Warranties. The Lister and The Planner represent and warrant that (i) they are authorized and have full authority to enter into this Agreement and perform their obligations hereunder, (ii) they shall comply at all time with all applicable laws and regulations. In addition, where alcohol shall be made available during the Event, The Planner represents and warrants that he/she is at least 21 years old and undertakes to take adequate measures to confirm the identification and age of those wishing to drink during the Event.
- Condition of Premises. The Lister hereby represents and warrants that any and all information provided by The Lister in any registration questionnaire is truthful and accurate. The Lister further represents and warrants that the Space and/or Service are safe and conforms to all local rules and regulations. The Planner shall leave the Space in the same or similar condition as when The Planner entered the Space. The Planner shall be responsible for any damage caused to the Space and/or Service beyond ordinary wear and tear, and shall be responsible for any repair needed to remedy such damage. In the event that The Planner does not satisfactorily remedy the damage caused to the Space and/or Service, The Lister shall be entitled to make the necessary repairs at The Planner’s expense. The Planner shall reimburse The Lister for any such repairs within 30 days of receipt of The Lister’s written request for reimbursement, which request shall be accompanied by a written statement of the damage incurred and the amount of expenses incurred to remedy such damage.
- Removal of Property. All equipment, installments, decorations, and personal property of The Planner’s or any of The Planners booked services, third party providers, guests or invitees must be removed from the Space by the conclusion of the Event Time. Unless otherwise agreed to in writing by the Parties, any such equipment, installments, decorations, or personal property left in the Space after the Event shall be considered abandoned and may be disposed of by The Lister accordingly.
- The Lister and The Planner on behalf of themselves and their respective assigns, subrogees, representatives and all other persons or entities acting for, by or through it, hereby release and forever discharges gatherologie, its directors, officers, agents, representatives, employees, and insurers, from any and all liability, claims, demands, actions or rights of action, of whatever nature, character or description, for personal injury, property damage or death that arise from, are related to or are in any way connected with the Event , the renting or use of the Space or Service (“Claims”), including without limitation and to the maximum extent permitted by applicable law, any Claims in part or in whole arising from, related to or in any way connected with the alleged or in fact negligent acts or omissions of gatherologie, its directors, agents, employees, officers, and representatives. In the event either The Planner or The Lister suffers any loss to person or property, such Party shall look solely to its, his or her insurance coverage, if any, and hereby waives any and all claims, demands, damages and causes of action of any nature whatsoever that The Planner or The Lister, its successors or assigns may have against gatherologie.
- The Planner acknowledges and agrees that gatherologie does not own any of the Spaces or Services listed on the Site. gatherologie only makes connections between The Planner and The Lister but cannot and does not accept any responsibility for the actions of any The Lister, The Planner or other Users or for the suitability or non-suitability of a Space for your needs. GATHEROLOGIE DISCLAIMS ALL LIABILITY FOR THE LISTER’S FAILURE TO SATISFY ITS OBLIGATION FOR PROVIDING THE SPACE AND/OR SERVICE AS MAY BE AGREED. GATHEROLOGIE DISCLAIMS ALL LIABILITY FOR THE PLANNER FAILURE TO SATISFY ITS OBLIGATION RELATED TO THE USE OF THE SPACE AND/OR SERVICE AS MAY BE AGREED. IF YOU USE THE SITE AND AGREE TO MAKE YOUR SPACE OR SERVICE AVAILABLE OR TO RENT A SPACE, THEN YOU DO AT YOUR OWN RISK AND GATHEROLOGIE SHALL NOT HAVE ANY LIABILITY THEREFORE. THE SERVICES AND THE SITE/SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND BY GATHEROLOGIE. GATHEROLOGIE EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GATHEROLOGIE FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING (I) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE OR THE SERVICES (IV) THAT ANY INFORMATION REGARDING SPACES, INCLUDING DESCRIPTIONS OF SPACES/SERVICES AND ANY PRICING INFORMATION, OR THE LOCATION OF ANY SPACES, AS MAY BE PROVIDED BY USERS OR A THIRD PARTY IS ACCURATE OR COMPLETE, (V) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE USE OF THE SERVICES, THE UPLOADING OF USER CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SITE OR THROUGH THIRD PARTIES’ WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR LISTING OR BOOKING OF ANY SPACE OR SERVICE VIA THE SITE AND SERVICES, , AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GATHEROLOGIE WHETHER IN PERSON OR ONLINE. NEITHER GATHEROLOGIE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SPACES OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GATHEROLOGIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY THE USAGE FEE (WHICH MAY BE SUBJECT TO DEDUCTIONS AT GATHEROLOGIE’S SOLE DISCRETION) TO THE LISTER PURSUANT TO THESE TERMS, IN NO EVENT WILL GATHEROLOGIE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE OR SERVICE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES AND IN CONNECTION WITH ANY SPACE OR SERVICE OR INTERACTIONS WITH ANY OTHER USER, EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
- The Planner shall fully defend, indemnify and hold harmless The Lister, its employees, officers, directors and agents and The Lister’s landlord 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 The Planner’s use of the Space/Service, including but not limited to any acts or omissions on the part of The Planner, its employees, officers, directors, independent contractors, or other agents, as well as The Planner’s violation of any local, state or federal law, rule, regulation or ordinance related to The Planner’s use of the Space. The Planner shall notify The Lister 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 Lister and The Planner shall fully defend, indemnify and hold harmless gatherologie and its employees, officers, directors and agents from any damages, actions, suits, claims, or other costs (including reasonable attorneys’ fees) to the fullest extent permissible by law, arising out of or in connection with any damage or injury (including death) caused to any person arising out of, related to or in connection with (i) The Planner’s use of the Space or Service, (ii) The Lister’s lease of the Space, (iii) breach of this Agreement, including any acts or omissions on the part of The Planner, The Lister or their respective employees, officers, directors, independent contractors, or other agents, (iv) dispute between the Parties arising out of or relating to this Agreement, (v) the condition of the Space before or after the Event, or (vi) any other violation of applicable laws or regulations.
- The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought, (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own selection at its own expense.
- The Lister and The Planner jointly and severally warrant and represent that they are covered by sufficient insurance to cover any damage, accident or loss whatsoever arising out of the lease of the Space by The Lister and the use of the Space/Service by The Planner, its guests, invitees, vendors, clients, customers or licensees, including policies covering property damage, casualty, personal injury, fire, and general liability (“Sufficient Insurance”). To the extent The Lister has not obtained and does not have Sufficient Insurance, it shall require The Planner to purchase such Sufficient Insurance prior to the Event Date. gatherologie shall have no liability for the Parties’ failure to contract a Sufficient Insurance.
- Compliance with Laws. The Planner shall obtain and maintain any and all necessary permits, licenses, or other forms of permission necessary to use the Space/ Service in a lawful manner at its sole cost. The Planner shall not use the Space/ Service in any manner that violates local, state or federal laws or regulations. The Planner shall indemnify The Lister, its employees, officers, directors, or other agents for any damages, penalties, fines, suits, actions, or other costs (including reasonable attorneys’ fees) arising out of or in connection with The Planner’s violation of any local, state or federal law, rule, regulation or ordinance related to The Planner’s use of the Space/Service.
- Force Majeure. In the event that The Lister is unable, for reasons beyond its control, to make the Space or Service available The Planner on the Event Date for the purposes as set forth in this Agreement, The Planner shall have the option of choosing an alternate date to hold the Event (the “Alternate Event Date”), at no extra charge to The Planner. If The Planner selects an Alternate Event Date that is reasonably acceptable to The Lister, then the Alternate Event Date shall replace the Event Date for the purposes of this Agreement, and all obligations, rights, duties and privileges as set forth in this Agreement shall remain binding on the Parties. If The Planner and The Lister cannot agree upon an Alternate Event Date within 10 days of the original Event Date, then The Lister shall refund The Planner the full amount of the Listing Fee. In neither case shall The Lister be liable for any additional costs or damages suffered by The Planner (over and above the Listing Fee) arising out of a rescheduling or cancellation of the Event pursuant to this Section.
- Cancellation Policies. Both The Planner and The Lister shall review gatherologie cancellation policies available at https://www.gatherologie.co/content/cancellation_policy for cancellation by The Planner and for cancellation by The Lister. The Lister shall provide a Cancellation Policy, setting forth the terms of reimbursement, if any, in the present Agreement. The Planner must review the Cancellation Policy contained in this Agreement carefully. Regardless of the Cancellation Policy, gatherologie’s Processing Fees are not subject to cancellation or reimbursement.
- Neither Party may assign or transfer their respective rights or obligations under this Agreement without the prior written consent from the other Party, provided however, that gatherologie shall have the right to assign this Agreement to any of its affiliates or subsidiaries or any corporation or other entity owning or acquiring all or substantially all the assets and business of gatherologie whether by operation of law or otherwise. Assignments in violation of the foregoing shall be void. Subject to the foregoing, this Agreement shall be binding upon, and shall inure to the benefit of, each of the parties and their respective heirs, successors and assignees.
- Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitral, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be the city of San Luis Obispo. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of California, without regard to conflicts of law principles.
- This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
- If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.