Use of Space Agreement
1. USE – This is a non-smoking facility. Host shall ensure their guests comply with this. In case of noncompliance, Host agrees to be responsible for additional charges or penalties from law enforcement. Management can bring the event to an abrupt end if compliance is not met & loss of all deposits will apply. Host shall keep the facility in a clean and orderly condition and shall conduct activates in a mindful and safe manner. Host shall not use the facility in any manner violating any law. Host shall not maintain, permit or suffer any nuisance to occur or exist. Host shall not assign, or transfer this agreement in whole or part, nor grant a license or concession in connection therewith to another party without the prior written consent of Management. Management reserves the right to inspect and delegate all special occasion events. The Host will be responsible for any damages to the building, equipment, decor, and fixtures lost or damaged during their event. MANAGEMENT HAS THE RIGHT TO CHARGE FEES ACCORDINGLY TO COVER DAMAGES. The use of sprinkler candles, confetti, or rice is forbidden and Host will hold the Management harmless from any injury or damages occurring due to such use as Host agrees to be held liable. Host shall not use any type of nails, glue, or heavy tape on the walls of the facility. Management can charge fees for each infraction causing damage.
2. LIABILITY - Regardless of whether or not, separate, several, joint or concurrent liability may be imposed upon Management, Host shall indemnify and hold harmless Management from and against all damages, claims and liability arising from or connected with Host’s use of the facility, including without limitation, any damage or injury to the Host or their guests incurred by misuse of any equipment, improper use, or maintenance of the space. These indemnifications shall not include any matter for which the Management is effectively protected against by insurance. If Management shall, without fault, become a party to litigation commenced by or against Host, then Host shall indemnify and hold Management harmless. The indemnification provided by this Section should include Management’s legal costs and fees in connection with any such claim, action or proceeding. Host does hereby release Management from all liability for any accident, damage or injury caused to a Host’s guest or property on or about the facility, whether due to negligence on the part of Management and notwithstanding whether such acts or omission be active or passive. Management and Host do each hereby release the other from all liability for any guest’s accident or other damages, and only if this release shall not adversely affect the right of the injured guest to recover under insurance policy. It is responsibility of Host to obtain their own liability insurance coverage in the event of any mishaps with their occasion. The Management will not be responsible for articles lost, stolen, or forgotten during the course, or after an event, and will be held harmless. The Management is held harmless of any and all food or beverages brought in or taken outside of the facility during or after an event by Host.
3. DEPOSIT - Half (50%) of the base package, as an initial deposit payment, is required to privately reserve the space. The remaining balance due will be paid by cash, or e-transfer 14 days prior to the date of the event. FAILURE TO PAY AS AGREED WILL RESULT IN A $10 PER DAY LATE PAYMENT FEE. Host shall pay all taxes where applicable. In the event Host cancels or otherwise breaches the provisions of this agreement; the Management for damages shall retain all payments received. Event dates can be changed at NO ADDITIONAL CHARGE, as long as 30 DAYS PRIOR NOTICE to the original scheduled date is given. Management will then credit payments towards a future event date within 60 DAYS, ONE TIME ONLY; otherwise all payments will be forfeited. Failure to request a date change without said notice will constitute in a onetime $100 re-booking fee. Both Management and Host agree that Toronto, Ontario, be the jurisdiction of the facility for any and all disputes arising from this agreement, and the use of the facility described herein. Host agrees that in the event of default in payment, reasonable costs of collection on the delinquent balance, and/or reasonable attorney fees may be added to the amount due on the account. Security deposit is returned when the space is restored with no damages.
4. ALCOHOL - If alcohol is to be made available by host, a Special Occasion Permit (SOP) MUST BE OBTAINED before the date of the special event. OTHERWISE ALCOHOL WILL NOT BE PERMITTED AT THE EVENT. Whenever a license and/or permit is required for Host’s special event, such license and/or permit shall be procured from the proper public authorities on the behalf of the Host by Management at the expense of the Host. Management will not be held responsible for Hosts’ failure to inform Management of their intent to serve or sell alcohol without permits. Host agrees that in the event of liability claims, fines, or prosecution, Host will solely bare the penalty for their actions in accordance to the law for failure to obtain required SOP permits while serving or selling alcoholic beverages. Also, No MINORS are allowed in the bar service area when alcohol is present, nor are allowed to consume alcoholic beverages in accordance to law. Host is to ensure that all alcoholic beverages are to be consumed only inside the facility, and areas approved by Special Occasion Permit (SOP) with consent of management. If your event will have attendees under 19 years of age who will not have their parental supervision, no alcohol will be permitted at your event. Host also must ensure that their guests do not bring in their own alcoholic beverages, which are not contained within the SOP, as Host agrees to be liable for failure to prevent this. If illegal alcohol is discovered at your special occasion, the event will be brought to an abrupt end, and loss of all deposits will apply.
5. SERVICE - Please notify us concerning room set-up and equipment requirements at least two (2) weeks prior to your event. Please notify us in advance of your event, the exact number of people you expect to attend. The Management will in good faith provide all items and services agreed upon, but reserves the right to make substitution with a similar item or service for any item or service that is not readily available. Please be reminded this is a DIY (Do-it-yourself) arrangement. Therefore, there are no service attendants during events unless hired or provided otherwise by host. If management has to intervene to control an event, additional charges or loss of security deposit will apply.
6. SECURITY – If required, certified security personnel must be hired to secure the Host’s event at the expense of the Host. Management will make a referral provision in such case. Collection of said payment must be secured 2 weeks in advance. If it is determined during an event that the Host’s event is of considerable liability risk, either Host’s security deposit will be forfeited, and applied to cover the costs of securing the event, or management reserves the right to bring the event to an abrupt end if it is determined that appropriate security is unobtainable. If Host is unwilling to pay for security, management at its sound discretion will cancel the event, and loss of all deposits will apply.
6. MODIFICATIONS - This agreement constitutes the entire agreement between Management and the Host. No oral modification thereof shall be valid or binding nor has any force or effect, only the terms within this agreement and invoiced receipts attached, shall be binding.