Terms of Agreement:
1. Lease the Event Rental Premises for the entire Term of Event Rental beginning on the Commencement Date and ending on the Termination Date.
2. Client understands and agrees that by accepting the Event Rental Premise "as is" , the state or appearance of the property at the time of the event may be immaterially different than the state or appearance of the property at the time of the execution of this agreement including, but not limited to, with respect to changes in: natural lighting, foliage and flora cover, perceived privacy of the property due to foliage and flora cover, presence or absence of flowers on plants, and color and thickness of flora.
3. Obtain from the Lessor written consent to serve alcohol during the event. *All alcohol served, must be served by a TABC Certified Bartender. Proof of a minimum of $1million insurance policy to include "Liquor Liability" specifically for service of alcohol on the premise must be presented and approved by the Director of Events at least 2 weeks (14 days) in advance for alcohol to be permitted at the venue. This is a means to prevent liability for any possible alcohol related accidents. Please note that One Of A Kind Entertainment is NOT ALLOWED at the venue.
4. Obey (a) all applicable laws relating to the use, condition, and occupancy of the Event Rental Premises, including but not limited to those related to the Texas Alcoholic Beverages Commission (TABC) if Lessee provides alcohol to persons at the Event Rental Premises, as well as all ordinances of the City of Austin or any other authority applicable to the event occurring during the Term of Event Rental, including obtaining all required consents and permits (including but not limited to event permits, sound permits, etc.); (b) any requirements imposed by utility companies serving or insurance companies covering the Event Rental Premises; and (c) any Rules and Regulations of the Event Rental Premises provided from time to time by Lessor (but only to the extent that such Rules and Regulations do not conflict with the terms of this Agreement). Lessee shall be responsible for acquisition and payment of all permits required by any applicable governmental authority which are required in order to hold the Event at the Event Rental Premises. d) Smoking is not permitted on property.
5. Pay the Total Fee in accordance with the Terms of Payment.
6. Obtain and pay for all utility services or permits used by Lessee, which are in excess of Lessor’s typical use.
7. Allow Lessor, or Lessor’s designees, to access the Event Rental Premises to inspect Lessee’s compliance with this Agreement during the Term of Event Rental. Lessee shall be deemed to be in control of the Event Rental Premises during the Term of Event Rental.
8. Repair, replace, and maintain any part of the Event Rental Premises or personal property located therein that is damaged, lost, taken or misplaced by Lessee or Lessee’s officers, employees, agents, vendors, contractors, volunteers, invitees, or guests.
9. Keep the sidewalks, service ways, and loading areas adjacent to the Event Rental Premises clean and unobstructed.
10. On or before the last day of the Term of Event Rental, vacate the Event Rental Premises, remove all of Lessee’s property from the Event Rental Premises, clean the Event Rental Premises, and restore the Event Rental Premises to the condition in existence immediately prior to the Term of Event Rental.
11. The Lessee will ensure that all trash, garbage and recycling materials from event are broken down and placed into the correct receptacle. Should the amount of trash and recycling from the event exceed the 1 trash bin and 1 recycling bin assigned to the event, the Lessee is responsible for removing trash and recycling from the Lessor's property at the end of the event (before 12:00am/midnight) of the Lessee's commencement date.
12. Indemnify, defend, and hold Lessor harmless from any Injury (and any resulting or related claim, action, loss, liability, or reasonable expense, including attorney’s fees and other fees and court and other costs) which arise from Lessee’s use of the Event Rental Premises, arise from Lessee’s negligence, recklessnes, or intentional misconduct, or arise from Lessee’s breach of this Agreement, or which arise due to any damages or claims brought against Lessor or which arise from the use or provision of alcohol within the Event Rental Premises, including but not limited to all claims brought by Lessee, third parties or by the Texas Alcoholic Beverage Commission (TABC) or any other governmental entity. The indemnity contained in this paragraph (a) is independent of Lessee’s Insurance, (b) will not be limited by comparative negligence statutes or damages paid under the Workers’ Compensation Act or similar employee benefit acts, (c) will survive the end of the Term of Event Rental, and (d) will not apply to the extent an Injury is caused by the gross negligence or willful misconduct of Lessor.
B. Lessee agrees not to:
1. Use the Event Rental Premises for any purpose other than as described in the Name and Description of Event.
2. (a) Create a nuisance; (b) allow the number of persons present in the Event Rental Premises to exceed the Maximum Capacity; (c) allow the presence of any prohibited or dangerous materials, including hazardous materials, fireworks and incendiaries, open flames, paints, dyes or other materials that would stain the Event Rental Premises, confetti, silly string, piñatas, and similar party favors. Any candles or lamps must be enclosed. The use of the fire pit is not permitted without the express written consent of Lessor.
3. Permit any waste to occur to the Event Rental Premises.
4. Use the Event Rental Premises in any way that would increase insurance premiums or void insurance on the Event Rental Premises.
6. Change Lessor’s locks or security systems.
7. Alter the Event Rental Premises.
8. Allow a lien to be placed on the Event Rental Premises.
9. Assign this Agreement or sublease any portion of the Event Rental Premises without Lessor’s written consent.
10. Use the roof, stairs, balcony, or upstairs area, including the Loft, of the Event Rental Premises. Lessee acknowledges that the roof, stairs, or upstairs area may be dangerous, and Lessee shall take all steps to ensure that no person enters upon such areas.
11. Permit smoking on the premises.
C. Lessor agrees to:
1. Lease to Lessee the Event Rental Premises for the entire Term of Event Rental beginning on the Commencement Date and ending on the Termination Date.
2. Return the Security Deposit to Lessee, less any itemized deductions for cleanup, restoration, or repair of the Event Rental Premises or any personal property located therein caused by Lessee or Lessee’s officers, employees, agents, vendors, contractors, volunteers, invitees, or guests, if any, on or before the fourteenth (14th) day after the date Lessee surrenders the Event Rental Premises. Lessee agrees to the following charges which may be deducted from the Security Deposit: (a) $150 garbage removal fee if any garbage remains in designated receptacles in the Event Rental Premises following the Termination Date, (b) $200 small trash fee for trash (including but not limited to cigarette butts, confetti, paper/flyer/handouts, silly string, party favors, or any other garbage) which is not placed in designated receptacles, (c) Costs associated with damage to the Event Rental Premises or Lessor’s property located therein which result from Lessee’s use of the Event Rental Premises. Lessee agrees that all costs and charges for cleanup, restoration, or repair of the Event Rental Premises or any personal property located therein caused by Lessee or Lessee’s officers, employees, agents, vendors, contractors, volunteers, invitees, or guests, to the extent not satisfied from the Security Deposit, shall be charged to Lessee’s credit card.
3. Indemnify, defend, and hold Lessee harmless from any injury and any resulting or related claim, action, loss, liability, or reasonable expense, including attorney’s fees and other fees and court and other costs, which arises from Lessor’s gross negligence or intentional misconduct or Lessor’s breach of this Agreement. The indemnity contained in this paragraph will survive the end of the Term, and will not apply to the extent an Injury is caused by the negligence or willful misconduct of Lessee.
4. Abide by all codes of conduct as explained in WELCOME PACKET to be provided by the venue, which includes the following:
The bamboo floors in the Sanctuary Yoga Studio are very sensitive. Please express to your guests that their shoes can damage the bamboo floors in the Sanctuary Yoga Studio and encourage them to mindful of what shoes they choose to wear. If the floors are damaged, Renter will forfeit their $200 Deposit and pay any additional costs to repair the floors. Should you be placing furniture, sound system, etc. on the Sanctuary Yoga Studio floors, please use fabric, felt, or padding to protect the floors; take all precautions necessary.
You are welcome to have music at your event. However, this can not be at a volume that can be heard by our neighbors on Treadwell. This is extremely important. *Please designate music inside the Front House and/or the Studio. *Please designate someone in your party to download a decibel reading app on their phone to make sure it does not go above 75. *Music must be off by 10:00pm, not a minute later. Please also have a representative from your party walk to Treadwell St. (on the corner of S. 8th), if the music can be heard, please turn down the volume. Should we receive a noise complaint, we will have to send someone over to your event and our goal is to not interrupt your festivities. Renters will receive a $200.00 fine for this violation, as well as any/all accrued fines, losses accrued to The Amala Foundation, etc. A good way to avoid this issue is to keep the bass at an absolute low vibration. Setting up amplified sound equipment inside the studio and keeping the sound as close to the upper tier of the house is best. If you have DJ, please keep it enclosed in the studio and have a soft ambient music outdoors.
AUSTIN SOUND ORDINANCE does not allow amplified sound past 10:00PM on Friday and Saturdays / 9:00PM for Sundays. We ask that your volume be turned way down 30minutes prior to last song. If this is not abided by, Austin Police will arrive on the Sanctuary Grounds, Renters will be held 100% responsible for the legal situation at hand.
Items not allowed on Property:
Pinatas or Loose Candy
Loose Glitter or Confetti
Anything that will cause a mess
Please do not put anything besides toilet paper into the toilets.
D. Lessor agrees not to:
1. Interfere with Lessee’s use of the Event Rental Premises as long as Lessee is not in default with this Agreement.
E. Lessor and Lessee agree to the following:
1. Alterations. Any physical additions or improvements to the Event Rental Premises may only be made by Lessee upon the prior written consent of Lessor, but will become the property of Lessor. Lessor may require that Lessee, at the end of the Term of Event Rental and at Lessee’s expense, remove any physical additions and improvements, repair any alterations, and restore the Event Rental Premises to the condition existing at the Commencement Date, normal wear excepted.
2. Insurance. For a Full Grounds Rental the Lessee shall maintain the respective insurance coverage described in the attached Exhibit B, Insurance Addendum. If Lessee does not acquire, maintain, and deliver proof of insurance to Lessor prior to the Commencement Date, Lessor may purchase insurance on behalf of Lessee, and Lessee shall be required to reimburse Lessor for the full cost thereof, including a 5% convenience fee, which may be deducted from the Security Deposit or charged to Lessee’s credit card. If Lessee fails to reimburse Lessor upon request by Lessor, Lessee shall not be allowed to access the Event Rental Premises, this Agreement shall terminate, and all portions of the Total Fee delivered to Lessor prior to such time shall be forfeited to Lessor. If Lessee’s activities within the Event Rental Premises cause an increase in Lessor’s insurance premiums (either under its own policies or as required by Lessor’s lease with Selena Souders), Lessee shall reimburse Lessor for the cost of such increase, and such amounts may be deducted from the Security Deposit or Lessee’s credit card.
3. Release of Claims/Subrogation. Lessor and Lessee release each other from all claims or liabilities for damage to the Event Rental Premises, damage to or loss of personal property within the Event Rental Premises that are covered by the releasing party’s insurance or that would have been covered by the required insurance if the party fails to maintain the coverages required by this lease. The party incurring the damage or loss will be responsible for any deductible or self-insured retention under its insurance. Lessor and Lessee will notify the issuing insurance companies of the release set forth in this paragraph and will have the insurance policies endorsed, if necessary, to prevent invalidation of coverage. This release will not apply if it invalidates the insurance coverage of the releasing party. The release in this paragraph will apply even if the damage or loss is caused in whole or in part by the ordinary negligence or strict liability of the released party but will not apply to the extent the damage or loss is caused by the gross negligence or willful misconduct of the released party.
5. Casualty/Condemnation. If the Event Rental Premises are damaged by casualty or condemned by an applicable government authority and cannot be used for the purposes contemplated by this Agreement prior to the Commencement Date, Lessor or Lessee may terminate this Agreement by written notice to the other party and Lessor shall return any portion of the Total Fee actually received by Lessor to Lessee, and the parties shall have no further duties to each other.
6. Uniform Commercial Code. Lessee grants Lessor a security interest in Lessee’s personal property now or subsequently located on the Event Rental Premises. This Agreement is a security agreement under the Uniform Commercial Code.
7. Cancellation. Any cancellation of this Agreement by Lessee must be delivered to Lessor in writing. Lessee's cancellation shall result in the forfeiture of 50% of the Rental Fee to Lessor. If Cancellation occurs after 90 days before commencement date, the full 100% rental rate will result in forfeiture of the total cost to be paid to the Amala Foundation. The $200 Security Deposit is also forfeited in the case of rental cancellation. All Cancellations must be received in writing and confirmed.
8. Default by Lessee/Events. Defaults by Lessee are (a) failing to pay timely the Security Deposit or any portion or total of the Rental Fee within the time herein provided, or (b) failing to comply with any provision of this Agreement.
9. Default by Lessee/Lessor’s Remedies. Lessor’s remedies for Lessee’s default are to (a) enter and take possession of the Event Rental Premises; (b) enter the Event Rental Premises and perform Lessee’s obligations; and (c) terminate the right of Lessee to occupy the Event Rental Premises under this Agreement by written notice, keep any portion of the Total Fee delivered to Lessor, and sue for damages, subject to any terms to the contrary provided herein. Lessor may enter and take possession of the Event Rental Premises by self-help, by picking or changing locks if necessary, and may lock out Lessee or any other person who may be occupying the Event Rental Premises, without being liable for damages.
10. Default by Lessor/Events. Defaults by Lessor are (a) failing to comply with any provision of this Agreement.
11. Default by Lessor/Lessee’s Remedies. Lessee’s remedies for Lessor’s default are limited to the return of any portion of the Total Fee, which has been delivered to Lessor.
12. Security Deposit. If Lessee defaults, Lessor may use the Security Deposit to pay amounts owing under the Total Fee, to repair any damage or injury, or to pay any expense or liability incurred by Lessor as a result of the default. Further, Lessor may charge any amounts owing under the Total Fee, to repair any damage or injury, or to pay any expense or liability incurred by Lessor as a result of the default, on Lessee’s credit card which must be provided to Lessor in accordance with the Credit Card Authorization Form shown on Exhibit C, attached hereto and incorporated herein for all purposes.
13. Holdover. If Lessee does not vacate the Event Rental Premises and remove all of Lessee’s trash and personal property within twenty-four (24) hours of the Termination Date, Lessee will become a tenant at sufferance, must vacate and remove all of Lesee’s trash and personal property from the Event Rental Premises immediately, and shall be liable to Lessor for a holdover fee of $250 per hour, not to exceed $2,500 per day.
15. Alternative Dispute Resolution. All disputes under this Agreement shall be settled pursuant to binding arbitration in Travis County, Texas.
16. Attorney’s Fees. If either party retains an attorney to enforce this Agreement, the party prevailing in litigation is entitled to recover reasonable attorney’s fees and other fees and court and other costs.
17. Venue. Exclusive venue is in Travis County, Texas.
18. Entire Agreement. This Agreement, together with the attached exhibits and riders, if any, is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this Agreement or to any expressly mentioned exhibits and riders not incorporated in writing in this Agreement.
19. Amendment of Agreement. This Agreement may be amended only by an instrument in writing signed by Lessor and Lessee.
20. Limitation of Warranties. There are no implied warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of this Agreement, and there are no warranties that extend beyond those expressly stated in this Agreement.
21. Notices. Any notice required or permitted under this Agreement must be in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement, or by electronic mail to the addresses listed above. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.
22. Use of Common Areas. Lessee will have the nonexclusive right to use the common areas subject to such reasonable rules and regulations that Lessor may prescribe.
23. Abandoned Property. Lessor may retain, destroy, or dispose of any property left on the Event Rental Premises after twenty-four (24) hours following the Termination Date.