[FIRST STUDENT – TERMS & CONDITIONS]
These Terms and Conditions govern First Student’s provision of the transportation services described above (the “Services”). This Contract shall remain in effect for a period of one (1) year after the date it is signed by the Customer.
1. Payment:
First Student requires payment at least 7 days before the day of the event. First Student accepts only the following forms of payment: Mastercard, Visa, American Express, Cashier’s Check, Money Order or Personal Check. Checks returned from a bank (insufficient funds, stop payment, etc) will result in a $30 fee.
2. Notice of Cancellation: CLIENT shall give First Student notice of cancellation not less than forty-eight (48) hours prior to the scheduled departure time to receive a full refund. Failure to give such notice shall result in charge of a one hundred dollar ($100.00) cancellation fee for each bus reserved. Cancellations occurring after arrival of the bus could result in increased cancellation fees
3. Taxes; Additional Charges: Prices do not include taxes, parking fees, tolls or additional charges for (i) changes in the scope of Services that result in additional mileage or driver hours; (ii) damage to equipment caused by passengers; or (iii) extra cleaning of the equipment due to the nature of Services or the conduct of the passengers. These charges will be subtracted from the deposit or billed separately if they exceed the deposit amount.
4. First Student’s Responsibilities:
A. To use appropriately trained personnel to perform the Services safely and in a professional manner subject to the terms and conditions of this Contract.
B. To issue a full refund to the CLIENT when the Services are canceled by First Student.
C. To notify the CLIENT of any taxes, tolls or Additional Charges that have been incurred and assessed to CLIENT in connection with the Services.
5. CLIENT’s Responsibilities:
A. To comply with all rules and regulations and instructions of First Student relating to the Service.
B. To pay all taxes, parking fees, tolls and Additional Charges incurred or assessed in connection with the Services.
C. To pay for a single, non-smoking hotel room with private bath for each driver during multi-day charters.
D. To give notice of cancellation to First Student not less than 48 hours prior to the departure time. Refund checks will be processed no earlier than ten (10) business days following receipt of customer’s notice of cancellation.
E. To indemnify, defend and hold harmless First Student from and against all claims, damages and expenses (including reasonable attorney’s fees) arising out of the negligence or willful misconduct of the Customer or any passengers and relating to or during the performance of the Services provided by First Student pursuant to this Contract.
6. DISCLAIMER:
The services provided by First Student are provided on an “as is”, “where is” basis. First Student makes no express or implied warranties or representations, including any warranty or merchantability or fitness for a particular purpose or any warranty arising by usage of trade, course of dealing or course of performance.
7. LIMITATION OF LIABILITY:
In no event shall First Student be liable under any legal theory for any special, indirect, incidental, punitive, treble or consequential damages of any kind even if First Student has been advised of the possibility of such damages or First Student could have reasonably foreseen such damages. First student’s aggregate liability shall not exceed the amount of fees received from the CLIENT under this contract.
8. FORCE MAJEURE: First Student shall not be liable to CLIENT for any delays or non-performance resulting from mechanical failure, road, traffic or weather conditions, labor difficulties, or any other causes or circumstances beyond First Student’s control. All arrival and departure times are approximate and cannot be guaranteed.
9. PASSENGER CONDUCT: First Student may refuse to transport you or any of your passengers, or may remove you or any of your passengers from the bus at any point, for one or several reasons, including without limitation:
• A passenger’s conduct is disorderly, abusive or violent;
• A passenger appears to be intoxicated or under the influence of alcohol or drugs,
• A passenger attempts to interfere with the driver or the operation of the bus;
• A passenger refuses to obey instructions from the driver;
• A passenger engages in any action, voluntary or involuntary, that might jeopardize the safety of the bus or any of its occupants.
10. Prohibited Items: The following items and activities are prohibited at all times on First Student vehicles unless you have received prior written permission from the Company: (a) smoking; (b) decorations; © glass containers or kegs; (d) alcohol, drugs or other intoxicating substances; (e) flammable materials; butane operated grills or other combustibles; (f) guns, knives or any other weapons; and (g) animals.
11. Governing Law: The laws of the State of Nebraska govern all matters, claims or causes of action (whether in contract or tort) arising out of this Contract, the transactions contemplated under this Contract, the actions or omissions of the parties arising from or related to this Contract, the rights and obligations of the parties under this Contract or the negotiation, execution or performance of this Contract without consideration of Nebraska’s conflicts of laws principles.
12. Dispute Resolution: The parties shall negotiate in good faith in an attempt to resolve any dispute that may arise under this Contract. Disputes that cannot be resolved by negotiation may be submitted to mediation using a mutually agreed upon mediator. If mediation is not successful, the parties may pursue their remedies as they choose.
13. Attorneys Fees: The undersigned agrees that First Student shall be entitled to all attorney fees and other costs associated with recouping any amounts owed under this Contract.
14. Open Alcohol Containers: First Student will operate all charter trips in accordance with and limited by all governing state laws and regulations pertaining to open alcohol containers in vehicles. No minors will be permitted on a bus or in any other First Student vehicle where open container alcohol is present, unless accompanied by parent or legal guardian, and consumption of alcohol by a minor is specifically prohibited. Open container alcohol will not be permitted on any charter trip sponsored by a student organization, including but not limited to fraternities, sororities, sports clubs, dormitory organizations, etc. If governing state law permits open alcohol containers on buses or in any other First Student vehicles and Customer requests a charter with open alcohol containers and First Student grants permission for open alcohol containers on its buses or other First Student vehicles in accordance with paragraph 10 of this Contract, then all of the following shall apply:
• Only adults of legal drinking age may consume alcohol on the bus;
• Customer will be charged a non-refundable clean up fee, in addition to a refundable damage deposit. The damage deposit refund amount will be determined by the condition of the vehicle upon return. Dollar amount and details of the refundable damage deposit may vary by location; and will be communicated upon acceptance of agreement
• No kegs or glass containers are permitted under any circumstances.
As stated in paragraph 10 above, First Student reserves the right to refuse to permit open container alcohol on any bus or in any other First Student vehicle at any time if there is any doubt as to whether a group or individual is of drinking age or if the group or any of its members violate any of the provisions of this Contract.
15. Miscellaneous: this contract constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this contract. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this contract are expressly merged into and superseded by this contract. The provisions of this contract may not be explained, supplemented or qualified through evidence of trade usage, course of performance or a prior course of dealings. In entering into this contract, neither party has relied upon any statement, representation, warranty nor agreement of the other party except for those expressly contained in this contract. There are no conditions precedent to the effectiveness of this contract, other than those expressly stated in this contract. In the event of a conflict between the terms of the Contract and any other document or agreement between Customer and First Student, the terms and conditions of this Contract shall control. If any portion of this Contract is found to be void or unenforceable, the remaining portions of this Contract shall remain in full force and effect.
16. Waivers: The parties may waive any provision in this Contract only by a writing executed by the party or parties against whom the waiver is sought to be enforced. No failure or delay (i) in exercising any right or remedy, or (ii) in requiring the satisfaction of any condition, under this Contract, and no act, omission or course of dealing between the parties, operates as a waiver or estoppels of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other Person.
17. Amendments: The parties may not amend this Contract, except by written agreement that each party executes and that is identified itself as an amendment to this Contract.
18. No Jury Trials: the parties hereby waive any right to a jury trial on any and all proceedings related to or arising from this contract, the services that First Student performs pursuant to this contract, the performance or non-performance of either party’s obligations under this contract or any other matter arising from or related to this contract.
[WINDSTAR LINES INC. – TERMS & CONDITIONS]
1) Please email a detailed itinerary including addresses of all locations to be visited 21 days prior to departure. 2) CLIENT is responsible for providing our driver with a single, non-smoking motel room on overnight trips unless otherwise specified. 3) CLIENT is responsible for all tolls, parking, ferry, and entrance fees incurred on this trip. 4) Driver’s gratuity is not included in this price (suggested gratuity is $1-2.00 per person per day). If we do not receive full payment and a final itinerary 7 days prior to your trip, we reserve the right to release your motorcoach.
AMENITIES: All Windstar Lines, Inc. deluxe motorcoaches come equipped with: DVD player, PA system, restroom, reclining seats, armrests, footrests, individual light & air controls, and air conditioning.
RESPONSIBILITY: Windstar Lines, Inc. shall not be liable for delay or non-performance resulting from road failure, road or weather conditions, labor difficulties, or any other cause beyond their control.
DAMAGE & INDEMNITY: CLIENT will be liable for any damage to the bus or its contents that is caused by the passengers. Only Windstar Lines motorcoach operators will be allowed to open and close luggage doors. CLIENT agrees to be responsible for any and all loss, cost, damage and expenses occasioned by, or arising out of any accident or other occurrence that is found to be the fault of the chartering parting including but not limited to negligence and intentional acts. This includes anything due directly or indirectly to the use of alcohol by CLIENT or any of its members.
CARRIER: Windstar Lines, Inc. reserves the right to use leased equipment to fulfill this agreement. In this instance, if you chartered a 49 passenger motorcoach, you may receive a comparable 47 passenger motorcoach. If you chartered a 57 passenger motorcoach, you may receive a comparable 55 passenger motorcoach.
FOOD & BEVERAGE: With the exception of sunflower seeds, food and non-alcoholic drinks are allowed on the motorcoach. Canned beer is the only alcoholic beverage that may be consumed on the motorcoach. However, special permission from our office is necessary and we do require a $250.00 refundable damage & cleaning deposit.
TOBACCO: Use of cigarettes or chewing tobacco is strictly prohibited while on any Windstar Lines motorcoach.
VIDEO or MUSIC: DVD players are available on all motorcoaches. Use of the video or music systems is included at no extra charge. CLIENT understands that Windstar does not broadcast, distribute or cause to be performed any music, video or other intellectual property. CLIENT agrees to supply their own movies or music and assumes any copyright or licensing issues associated therewith. Satellite TV and/or WIFI is also available on some coaches for an additional charge.
FUEL SURCHARGE: Due to the volatile price of diesel fuel, please note our fuel surcharge policy. If the price paid per gallon at the time of your trip is $3.49 to $3.99, there will be a 3% surcharge, if between $4.00 and $4.49, there will be a 6% surcharge, if between $4.50 and $4.99, there will be a 9% surcharge, if between $5.00 and $5.49, there will be a 12% surcharge, and the same percentage increase every $0.50 increase in cost. Please plan accordingly for this possibility.
SAFETY: CLIENT agrees to respect our professional motorcoach operator’s decision regarding road conditions, equipment, and safety. Federal regulations allow motorcoach operators to be on duty 15 hours per day, including a maximum of 10 hours driving. An operator must then have 8 complete hours off duty before coming back on duty.
LOST ITEMS: Windstar Lines, Inc. is not responsible for any items left on the motorcoach. If our operator is away from the motorcoach, it will be locked at all times.
WEAPONS: Weapons, whether concealed or unconcealed, are not allowed on the motorcoach at any time.
LUGGAGE: Windstar Lines motorcoach operators are trained to handle and load luggage up to 50lbs. Anything over 50 lbs. is the responsibility of CLIENT. Please pack accordingly.
CANCELLATION POLICY: A full refund will be made if notice is given 30 days from departure date. A penalty of $100.00 or 10% of the charter price (whichever is greater) will be charged between 29 and 3 days. Within 72 hours of departure, 100% of the total charter price will be
assessed to CLIENT.
ADVERSE WEATHER CONDITIONS: The above cancellation fees will be waived in the event of adverse weather conditions if the charter is rescheduled with Windstar Lines. In the event the trip is canceled after our operator has left our terminal, CLIENT will be assessed the miles he or she has traveled at our current deadhead rate plus any other expenses incurred.
AFTER HOURS EMERGENCY (ONLY) PHONE NUMBERS: Windstar Lines, Inc office is open Monday through Friday, 8:00 a.m. to 5:00 p.m. C.S.T. If an emergency arises, please call Windstar’s on call staff member at: 712-830-6618 or Abstract Union’s on call staff at: 402-817-9094.
AGREEMENT: Windstar Lines, Inc.’s commencement of performance or acceptance of this Acceptance in any manner shall conclusively evidence agreement to this Acceptance as written.
PAYMENT TERMS: Preferred method of payment is: company check or cash. Payment is due 15 days prior to departure.
[SUITE ONE ELEVEN (VENUE) – TERMS & CONDITIONS]
Please read the material below to make sure all parties understand the requirements of providing for everyone’s safety and keeping SUITE ONE ELEVEN a well maintained and safe location for future use.
DEPOSIT / RENTAL FEES
A signed contract and date-hold deposit for the total amount of the room rental must be received to reserve your date(s) and time(s). Miscellaneous costs, such as bar, rentals, etc., are due ten (10) days prior to your event. Any additional costs that arise will be due within two (2) days of your event. No terms are implied or granted and no work will be allowed to commence until full payment is received. The refundable damage deposit is intended to cover minor damages incurred by clients or their guests. Damages to the facility or the furniture, fixtures and equipment more than the refundable deposit amount are the financial responsibility of the client or entity renting the facility. Client will be provided copies of receipts or invoices for repairs or replacement of those items damaged.
LIABILITY INSURANCE
Renter agrees to indemnify, defend, and hold SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC, its landlord, building owners, officers, employees, and agents harmless of and from any liabilities, costs, penalties, or expenses arising out of and/or resulting from the rental and use of the premises, including but not limited to, the personal guarantee of provision, service, and dispensing of payment by renter, its employees, and agents of alcoholic beverages at SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC.
In the event SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC, its landlord, building owners, officers, employees and/or agents, are required to file an action in court in order to enforce any provisions of this agreement, renter agrees to pay SUITE ONE ELEVEN and MORNING BREW LLC, it officers, landlord, building owners, employees and/or agents, all reasonable attorney fees, court fees, and costs of suit incurred by SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC, including all collection expenses and interest due.
CATERING STANDARDS
At Suite One Eleven, we highly recommend that a caterer from our SUITE ONE ELEVEN Trusted Caterers list be used for your event. Our trusted caterers have experience working at SUITE ONE ELEVEN and are familiar with our regulations, policies, and procedures. Use of caterers not on our trusted list may result in an increased deposit and fee.
Kitchen Policy – SUITE ONE ELEVEN’S kitchen is a production space and is to be used for final food presentation, plating and bussing only. Please note that SUITE ONE ELEVEN does not provide dishes, glassware, pots, pans, knives or utensils. The kitchen production space will be provided in a clean condition and the space should be returned to a clean condition immediately following your event. A final walk-through with a member of our event staff is mandatory at the close of your event. Please refer to checklists posted in the kitchen production area.
Caterers must remove all trash, from event space. A trash receptacle is located behind premises., All sorted recyclables and properly sorted compostables, must be collected, properly bagged and removed by the caterer.
Failure to remove or clean will result in additional fees and will be charged to the client’s credit card on file. SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC encourage those renting space to consider green, sustainable, fair trade, ecologically sound cleaning and zero waste solutions. SUITE ONE ELEVEN proudly commits to as close to zero waste events as possible.
BAR
Final bar order (if applicable) MUST be submitted in writing at least ten (10) days prior to your event.
SITE DECORATION
SUITE ONE ELEVEN wants to make every event here a special and welcome experience. Therefore, every effort will be made to allow renter to prepare decorations reflecting their creative requirements. We ask that only the staff of SUITE ONE ELEVEN rearrange and move any furnishings. Including, but not limited to, artwork, lamps, antiques or seating. No nails, screws, staples or penetration items are to be use on our walls or floors. NO glitter or foil (non-paper) confetti is allowed on site. Only low tack tape is allowed on our floors and walls. Any damage will be charged after your event.
CONDUCT
There is absolutely no smoking inside the premises. Disparaging remarks or any type of physical violence will not be tolerated and will be cause of immediate expulsion. Renter and guests shall use the premises in a considerate manner at all times. During underage events, such as school dances, we prefer that underage individuals do not have in and out privileges. Conduct deemed disorderly at the sole discretion of SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC staff shall be grounds for immediate expulsion from the premises and conclusion of the rental period. In such cases NO refund of the event costs shall be made.
LIVE MUSIC/DJs/NOISE
SUITE ONE ELEVEN encourages music and lots of dancing! In the event the renter creates a disturbance due to high noise volumes, SUITE ONE ELEVEN’S onsite manager has full authority to ask the renter, DJ or live music presenter to turn the entertainment down/or off. If repeated disturbances are created, SUITE ONE ELEVEN’S manager, at their discretion, may expel renter from the premises or the offending noise will be ended. In the event of disturbances to the point of expulsion, no portion of the event will be refunded to renter.
CANCELLATION
Venue Deposit is Non-Refundable.
LOAD-IN/LOAD-OUT AND STORAGE
All load-ins and load-outs must take place within the designated timeframe given by SUITE ONE ELEVEN. If there is an event prior to yours a timed delivery will be required. SUITE ONE ELEVEN is not responsible for checking in or handling any items brought into the venue by rental companies. All external items must be checked in and signed for by the client or client’s representative. All excess material (such as bubble wrap, boxes, hangers, plastic, etc.) created by deliveries must be removed and disposed of by rental company, client, or client’s representative.
Limited storage is available upon request. Storage fees will be applied to any items left overnight or beyond normal load-in/load-out times. This also applies to items left post event for shipment out via courier. Note: It is not the responsibility of SUITE ONE ELEVEN to ensure that pick-ups are scheduled and executed.
CLEANING, TRASH AND EQUIPMENT REMOVAL
SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC encourage those renting space to consider green, sustainable, fair trade, ecologically sound cleaning and zero waste solutions. SUITE ONE ELEVEN proudly commits to as close to zero waste events as possible. All trash, including sorted recyclables and properly sorted compostables, must be collected, properly bagged and removed by the renter or the caterer.
All rental equipment must be removed immediately following your event.
CITY, COUNTY, STATE AND FEDERAL LAWS
Renter agrees to comply with all applicable City, County, State, and Federal law and shall conduct no illegal act of the premises. This is a drug free and non-smoking facility at all times, NO EXCEPTIONS. Renter shall not sell alcohol on premises at any time. Renter may not serve alcohol to minors on the premises at any time. Renter agrees, for everyone’s safety, to ensure alcoholic beverages are consumed in a responsible manner. SUITE ONE ELEVEN reserves the right, in its exclusive discretion, to expel anyone who in its judgment is intoxicated or under the influence of alcohol or drugs, or who shall in any manner do or participate in any act of jeopardizing the rights, use permit, or insurability of SUITE ONE ELEVEN or the safety of its staff, guests, or building contents.
ENTRY AND EXIT
Renter agrees that SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC staff may enter and exit premises during the course of the event. A representative of SUITE ONE ELEVEN will be on site during your entire event and will be checking periodically with the responsible parties to insure everything is running smoothly. We will also be checking the bathroom, the overall premises, replenishing hand towels and toilet paper, and will be available for questions or to respond to needs or issues that may arise at any time.
LOST AND FOUND
SUITE ONE ELEVEN and MORNING BREW CONCEPTS LLC take no responsibility for personal effects and possessions left on premises during or after any event. We do, however, maintain a lost and found and will hold recovered items up to 30 days. Every attempt will be made to return any recovered item to its rightful owner.
PROMOTIONS AND COPYRIGHT
It is important to us that you have a fantastic and successful event. Should SUITE ONE ELEVEN or MORNING BREW CONCEPTS LLC be engaged in the promotion or co-production of your event, it is imperative that we are approved to marketing your pictures on any of our social media or brochures.
[TALON ROOM (VENUE) – TERMS & CONDITIONS]
This Facilities Rental Agreement (“Agreement”) by and between Talon Room (“Lessor”) and CLIENT (“Lessee”). The parties hereto, intending to be legally bound, and in consideration of the mutual covenants hereinafter contained, agree as follows:
GRANT
Lessor, on the dates and times set forth herein, and subject to the terms and conditions of this Agreement, hereby grants to Lessee a license to use the “Facility” for the “Event” to be held on the specified date and times.
DATE/TIMES OF PERMITTED USE
Access to the Facility for the Event will be 5 hours of actual rental time plus 1 hour setup & 1 hour cleanup time for events. Additional charge will be assessed for longer events. Any other access to rental space will be done during operational hours or at a pre-arranged time.
RENTAL FEE
Lessee shall pay the rental fee for the use of the Facility, plus all other charges under this Agreement (the “Rental Fee”). The Rental Fee shall be paid in full 10 days BEFORE the day of the Event.
“AS-IS” CONDITION
Lessee agrees to accept the Facility in its “as-is” condition “with all faults”.
DEPOSIT
A “Deposit” for Damage/Excessive Cleaning/Restoration will be assessed payable 10 days prior to event. If any damage occurs to the Facility, or if any repairs or replacements need to be made to the Facility as a result of Lessee’s exercise of its rights under this agreement, and exceed the deposit amount, Lessee shall pay Lessor for any such damage, repairs, or replacements upon demand by Lessor.
Any cost or damages associated with un-invited persons will also be assessed and charged to the Lessee.
Additional charges may be assessed from the Deposit for Guest Counts greater than specified in initial estimate.
LIQUOR/BEVERAGES
All liquor & beverages must be provided and dispensed by Lessor. Depending on the severity of the situation, a violation of this rule may result in the immediate cancellation of your event, forfeit of the damage deposit, rental and/or catering fee (if any). Or, a $25 per alcohol container charge will be assessed from deposit for any alcohol container found during or after your event. This includes but not limited to carrying in alcohol and/or minors drinking. The Lessee will be responsible for any additional charges assessed, all damages & fines resulting in a breach of contract.
Special Alcohol request for the event must be ordered 1 week prior to the event.
GRATUITY CLAUSE
In the event that the bartenders for the specified event have received a gratuity amount below $100, the amount will be removed from the damage deposit to compensate said gratuity.
CATERING
All Beverages, soft drinks, punch, water and coffee must be provided by Lessor. Catering options are available.
Lessee is allowed to bring in food items or have the event catered. All catering arrangements must be approved by Lessor prior to the event. Damage deposit may be adjusted for this option. Some arrangements may require additional room charge, staffing fee, and/or service fee. Caterers must provide their own refrigeration, ice & cooking equipment. Caterers are responsible for any/all cleaning and trash removal that are directly related to their service.
DECORATION
All decorations and forms of securing them must be approved by Lessor prior to the Event. Pins, tacks, or nails are not allowed on or in walls. No flame candles, confetti, glitter, Mylar, popcorn, or cake pops. Any damages or excessive cleaning will result in forfeit of damage deposit.
SOUND & LIGHTING
DJs/musicians must supply own lighting and sound equipment, speakers, receivers, mixers and music unless otherwise authorized. The Lessee will be responsible for repairs and/or replacement of damaged system occurring in setup or during the Event.
SECURITY
There will be a minimum of two security guards at each event, one will work the door and the other will roam the venue. Security will be provided through Lincoln Guards. Lincoln Guards holds the rights to remove or deny any guest’s privilege to attend the event for any reason. Conflicts will be dealt with on-site pending additional assistance from Campus Police Department. Any Identification found falsified will be recorded and dealt with through the proper authorities.
INDEMNIFICATION
Lessee shall indemnify, defend and save harmless Lessor, its officers, agents and employees from and against any and all loss, cost (including attorneys’ fees), damage, expense and liability (including statutory liability and liability under workers’ compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act or neglect by Lessee, its agents, employees, contractors, Lessees, invitees, representatives, in, on or about the Facility. This indemnity shall survive the termination of this Agreement. Lessee hereby releases Lessor from any and all liability or responsibility to Lessee or anyone claiming through or under Lessee by way of subrogation or otherwise for any loss or damage to equipment or property of Lessee covered by any insurance then in force.
ASSIGNMENT AND SUBLICENSING
Lessee shall not assign any interest in this License Agreement or otherwise transfer or sublicense the Facility or any part thereof or permit the use of the Facility to any party other than Lessee.
TERMINATION
Lessor may terminate this Agreement based upon any one or more of the following events:
A. Failure of Lessee to pay the Rental Fee or any other charges due hereunder when the same is due;
B. Lessee fails to perform any of its covenants hereunder. In any of the aforesaid events, and in addition to any and all rights and remedies available to Lessor by law or in equity, Lessor may, with or without further notice, forthwith terminate this Agreement and expel and remove Lessee, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in the judgment of Lessor or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, Lessor may recover from Lessee all damages it may incur by reason of such breach by Lessee.
INTERFERENCE
Lessee shall use the Facility in a manner which shall not cause interference with the use or occupancy of the other portions of the Building by Lessor or others in any way. Lessee’s use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon Lessor in maintaining the Building.
CANCELLATION
Lessee may cancel this Agreement at any time up to 30 days prior to the Event Date by providing written notice of such election to Lessor, at no cost to Lessee. If Lessee shall elect to so cancel this agreement 29 days prior to the Event Date, Lessee will be charged 50% of the Rental Cost and any expenses incurred in good faith by Lessor in preparation for Lessee’s use of the Facility. For cancellations 15 or less days prior to Event Date, Lessee will be charged 100% of the Rental Costs and any expenses incurred by Lessor.
OTHER INFORMATION
The Lessor does not assume responsibility for any personal property in or around premises at any time. This includes the licensee, their guests or any service provider’s belongings in or around the premises prior to during or after scheduled event.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within the State of Nebraska.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year this digital estimate is accepted by CLIENT.
[ABSTRACT UNION DJs – TERMS & CONDITIONS]
CLIENT hereby engages the DJ to provide a DJ Service.
Abstract Union DJs hereby agrees to provide a DJ Service for CLIENT at the submitted location.
The said DJ Service shall consist primarily of performing musical entertainment by means of a recorded music format.
Abstract Union DJs hereby agrees to render his professional services and is at all times to have complete control of his program.
The Parties hereby agree that the DJ Service shall be provided and accepted.
CLIENT in consideration of the DJ Service to be rendered by the DJ, and the mutual promises contained herein, hereby agrees to pay in full 7 days (1 week) prior to the date of the event.
The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by Abstract Union DJs to find replacement entertainment at the agreed upon fees. Should The DJ be unable to procure a replacement, CLIENT shall receive a full refund. CLIENT agrees that in all circumstances, Abstract Union DJs liability shall be exclusively limited to an amount equal to the performance fee and that Abstract Union DJs shall not be liable for indirect or consequential damages arising from any breach of agreement.
CLIENT and DJ agree that this agreement is not subject to CLIENT unless both parties have agreed to such cancellation in writing. In the event CLIENT breaches the agreement, he or she shall pay Abstract Union DJs the amount set forth above as Performance Fee as liquidated damages plus a reasonable attorney’s fee (if applicable).
It is understood that if this is a “Rain or Shine” event, Abstract Union DJs compensation is in no way affected by inclement weather. For outdoor performances, CLIENT shall provide overhead shelter for setup area. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, the equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ’s compensation will not be affected by such cancellation.
It is hereby further agreed; that CLIENT shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by CLIENT or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.
In the event of circumstances deemed to present a threat or implied threat of injury or harm to Abstract Union DJs staff or any equipment in Abstract Union DJs possession, Abstract Union DJs reserve the right to cease performance. If CLIENT is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), Abstract Union DJs shall resume performance in accordance with the original terms of this agreement. CLIENT shall be responsible for payment in full, regardless of whether the situation is resolved or whether Abstract Union DJs resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Abstract Union DJs reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
CLIENT shall provide Abstract Union DJs with safe and appropriate working conditions. This includes a standard 29”H x 72”W x 30D table, a 10-foot by 8-foot area for setup, and space for setting up speakers and lighting stands. Abstract Union DJs requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to DJ’s equipment due to improper power is the responsibility of CLIENT. CLIENT shall provide crowd control if warranted; and furnishing directions to place of engagement. CLIENT is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking and use of electric power.
Abstract Union DJs shall attempt to play CLIENT’s and CLIENT’s guests’ music requests but shall not be held responsible if certain selections are unavailable or do not fit into the DJ’s mix performance (beat matching performance using BPMs). Abstract Union DJs will make an extra effort to have music requests available if they are received IN WRITING at least two weeks prior to the engagement.
In the event of non-payment, Abstract Union DJs retains the right to attempt collection through the courts. CLIENT will be held responsible for all court fees, legal fees, and collection costs incurred by Abstract Union DJs. CLIENT shall be charged $35 for each non-sufficient funds check plus a $20 service charge for each collection notice.
This agreement guarantees that Abstract Union DJs will be ready to perform at the start time of the engagement. No guarantee is made as to Abstract Union DJs time of arrival; however, Abstract Union DJs requests that they be permitted 60 minutes before the engagement and 60 minutes after the engagement for setup and takedown. Abstract Union DJs also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor the setup time could reach 120 minutes. If CLIENT or venue requires Abstract Union DJs to complete setup more than one hour before the start time, or to postpone takedown more than one hour after the end time indicated, the additional time should be specified at the time of booking.
By executing this agreement as CLIENT, the person executing said agreement, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said agreement as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this agreement.
All attached riders are an integral part of this agreement. This agreement will supersede any other agreement. If any part of this agreement is illegal or unenforceable, the remaining provisions of this agreement will remain valid and enforceable to both parties. This agreement contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this written agreement, shall be valid or binding. This agreement shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.
The laws of the State of Nebraska shall govern this agreement. In the event of suit involving or relating to this agreement, CLIENT agrees that venue will be in Nebraska. CLIENT agrees to defend, indemnify, assume liability for and hold Abstract Union DJs harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Abstract Union DJs performance.
CLIENT may not transfer this agreement to another party without the prior written consent of Abstract Union DJs. Any changes must be written and signed by both CLIENTS. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force. Abstract Union DJs commencement of performance or acceptance of this agreement in any manner shall service as the acknowledgment and acceptance of the terms and conditions written above.
