Rental Terms & Conditions - Agreement:
Updated on 10/19/21
Below is the Rental Contract Terms also known as the addendum to the Hold Harmless. Please review the following terms and initial next to the item to show approval. The Conservatory reserves the right to cancel, if this is not complete. No changes can be made to the hold harmless or rental terms. Please read each part carefully. It’s your responsibility to understand each item in these terms. A lack of understanding or ignorance to one or more of the terms does not qualify for an exception to the term.
______ I understand that The Conservatory and its partner companies must operate in full compliance of any local/state/federal law, rule, regulation, ordinance, and mandate.
___ 1. CATERING: I agree to use an approved caterer or get a non-approved caterer approved before singing with them. Cleaning of food related items would need to be completed by the caterer and would include but is not limited to the following: Picking up dirty dishes from the guest tables (servers are needed for this), removing all trash from trash bins, clean up all trash in building and on grounds, clean up broken bottles and spills, clean up any bio hazard waste, sweep up food debris, and clean The Conservatory tables and counters of any food spills. Note: All caterers except our in-house catering must pay a $300 fee for usage of kitchen/wear and tear/garbage. Please note: Our policies may affect the cost of services from the caterer and we ask that before you book with the caterer that you provide an introduction to your contact so that they can properly bid out the catering services for your event.
___ 1.B CATERING: FACILITIES: The Conservatory EV has no catering facilities. The rental of The Conservatory includes the use of the spaces, tables, chairs and refrigerators. Events may not use the The Conservatory kitchen sink, dishwasher or garbage disposal. All food waste must be thrown away and removed from the building.
Note: Approved caterers are experienced and knowledgeable with the The Conservatory building. They have access to the keys and alarm code. All approved caterers abide by a set of facility rules. Approved caterers are not allowed use of the The Conservatory kitchen to prepare, cook or dispose of any food products.
___ 1.C CATERING: BAR: I understand that The Conservatory will provide all bar and beverage services and that the no others including the caterer can provide alcohol or drinks any kind (including coffee, tea, punch, etc.). We will calculate your estimated hosted bar total and that total estimated amount will be due 30 days before your event. The rest of the hosted amount that is based on consumption or added the night of the wedding will then be charged to credit card at the end of the event. We only allow a maximum of 3 keys and all kegs must be paid for at least 30 days before the reception (no reserve kegs). Events without alcohol are subject to additional costs. Weddings with cash bars are subject to a bar setup and bartender fee.
Bar prices can change at any time.
___ 1.D CATERING: RULES: I understand that the catering company will have their own set of rules, guidelines, and contracts. It’ll be your responsibility to read over and understand their specific rules. Caterers adhere to food safety standards and do not leave left over food after events. You make work with them individually on some specific food items (items that are shelf safe and that do not expire quickly) to save back any items for pickup at the end of the night. You will be required to bring your own containers for those items. If the caterer has agreed to cut your cake or server your deserts please plan on bringing your own containers to store and remove them at the end of the night. They do not provide food storage containers.
___ 1.E CATERING: FOOD: I understand that the catering company will provide all food related items for your event. This will include appetizers, snacks, entrée’s, salads, late night items, and any other food items. Exceptions to this do include a bridal cake or dessert station. These items may be brought into the facility by another company, however, this company must be preparing the items inside a licensed kitchen and provide The Conservatory with their current licensing and lability insurance certificate. The Conservatory reserves the right to not allow a third-party food service company to provide food if they do not meet the licensing or insurance requirements. The caterer will need to coordinate opening the doors for the delivery of the cake(s) and/or dessert stations items. The caterer may charge a fee to grant access, setup, cut, prepare, or move any cake or desserts. You may elect do setup and take down these items on your own, but will still need to coordinate access to the building with the caterer. The Conservatory has no refrigerators or coolers. As the client, you may need to either bring in all plates, napkins, forks, or spoons related to the cake or desserts or you may pay the caterer to do this for you. Please send third party vendors (cake, dessert bars, ice cream, late night snacks, etc.) to the caterer and the The Conservatory event manager before hiring them.
___ 2. ACCESSS - EVENT: I understand that additional access to the space for any reason such as set up centerpieces or other décor items, cleaning, rehearsals, vendor access (ex. DJ, Photobooth, Cake, Flowers, etc.) and any other reason must be either coordinated through the event manager. If it is coordinated outside of the 1pm to midnight timeframe it will be charged at a $50 hourly rate and the request must be made 2 months prior to the event. There is a minimum of 2 hours for each early access arranged. Any building access that is not coordinated by the event manager before, during, and after your event will be charged at $50 an hour as will any general wedding consultation and planning. I understand that the rental is from 1pm to 11:59pm (this includes take down) with a last call at 10:45pm and bar close at 11pm. Music stops by 11pm. DJ/Band/decor take down from 11pm to midnight. Guests should leave by 11:30pm. Vendors must leave by midnight.
___ 2.B ACCESSS – MAINTENANCE & TOURS: I understand that almost every Saturday there will be a tour of the facility. If the decor is setup on Friday for a Saturday event their may also be a tour on Friday. Also, there may be various facility tasks or maintenance happening the day of your event. The Conservatory staff or Out of Box staff may be on site conducting tours, rehearsals, site maintenance, etc. We will be as discrete as possible as to not interrupt the set up of your day. Staff may also come during the event to check on the space and will remain as discrete as possible.
__ 2.C ACCESS – FOR PLANNING: Additional tours to brainstorm on decor or to show family members the facility are to be planned during one of our tour times. You must also email Anthony the events manager if you are planning to visit. We do not guarantee that the visit can be scheduled every day throughout the year so it is advisable to schedule them early. If there is not a scheduled time that works to meet at The Conservatory during our set times you should schedule the appointment with The Conservatory, there may be a planning fee for this. Out of Box Productions is the approved planning company at The Conservatory.
_2.D ACCESS - I understand that the the rental is from 1pm to 11:59pm (this includes take down) with a last call at 10:45pm and bar close at 11pm. Music stops by 11pm. DJ/Band/decor take down from 11pm to midnight. Guests should leave by 11:30pm. Vendors must leave by midnight.
___ 3. DÉCOR: I understand that The Conservatory does allow you to setup personal decorations but that a clear plan for setup and take down must be in place 2 months before the wedding. Decorations that need setup may be setup on Friday after 6pm (if there is not a booked event on Friday). You must pay $50 per hour from 6pm to 8pm for setup (or rehearsal) access (this must be requested 2 months in advance to find staff) and all access on Friday must end by 8pm. Access from 8pm to 10pm is $75 per hour. Access for decorating on Saturday must also be planned and scheduled with The Conservatory. It will also have a $50 per hour charge before 1pm and may start as early as 8am. These charges are estimated and paid 14 days before the event. This policy also extends to professional décor companies that you may hire. They may need additional access and the charges would be the same for them. We do have a short list of décor companies that do have keys to The Conservatory and would be able to access without any additional charges, it is suggested that those companies are considered, it will allow you to keep costs down and they can access The Conservatory at any time it’s not in use. Contact Anthony for those approved companies. Please note that any boxes that your décor items are transported in must be broken down and placed into our trash bins (up to 2 garbage bags full) and additional bags should be removed from the building.
Take down: For all Monday through Friday events removal of personal decorations and other personal items must be completed after the reception ends. The rental company must have unobstructed access to all tables so that they can easily remove items. For Saturday events items are to either to be removed from the building that night or they may be placed in the kitchen main entrance for pick up between Noon and 1pm on Sunday.
___ 3.B DÉCOR: I understand that The Conservatory EV has a limited stock of furniture items that may be used by the renter. It is the responsibility of the renter to use the The Conservatory approved Rental Company for additional rental items (tables, chairs, staging, drape, linens, lighting, and ceiling work). Please email the The Conservatory event manager to receive a bid from our current approved rental company (subject to change at any time). You will receive an invoice and then you may pay a 50% deposit to secure the additional rental tables and chairs needed for your event.
Please avoid renting items from a non-approved rental company as you may lose your deposit with that company.
The Conservatory inventory of furniture is subject to change at anytime. Other items may be rented as needed. These charges are set by the rental company and may increase at anytime. If items need to be moved after hours, late at night, or on a Saturday, Sunday, or Holiday there may be extra overtime charges for this labor. The Conservatory, Inc. does not set these prices and has no ability to adjust them. Tables, chair, and other décor items for outside ceremonies may need to be removed after the ceremony due to rain or other concerns. The renter would be responsible for any take down, removal, and overtime labor fees for this. Beck Events/ Anthony Marinaro/The Conservatory, Inc./Out of Box, LLC is not responsible for the accuracy of your rental order as it relates to your diagram. It is the job of you the client to make sure that all diagrams and rental match eachother. If last minute items are needed due to an oversight or mistake it’ll be the responsibility of you the client to arrange (per our rules) and pay for those final ad on items as needed.
___ 3.C DÉCOR: I understand that The Conservatory’s has the right to refuse any décor, rental, or floral vendor not approved by The Conservatory. To review current rental offerings by the Conservatory approved rental company please contact Anthony.
If you are looking for a specialty item this is not listed, please contact the The Conservatory Event Manager to request a vendor that will be able to source and/or supply the special item to you. To have The Conservatory consider approval of special décor item(s) you may email all the details to the Conservatory’s Event Manager for consideration. Not all items will be approved. And as stated above, the basic rental items such as that tables, chairs, pipe and drape, staging, ceiling décor, lighting (except for what the DJ or band provides), and linens must come from our approved rental company.
___ 3.D DÉCOR: I understand that decor companies need to schedule take down at last call (1045pm) with you the client and the caterer. All decor items should be removed from tables at the end of the night and removed from the building directly after that. Decor trash from the table linens must be swept up before leaving. This includes small beads, escort cards, tea lights, votives, broken glass, flower pedals, flowers, confetti (which is not allowed), etc.
___ 3.E DÉCOR: I understand that line items listed on the rental and décor proposals will be provided by the rental companies (Beck Events, Out of box, etc.). Item’s not listed on the final invoice and paid for in full will not be provided. Additions to the rental orders provided to The Conservatory / Out of Box /Saley Nong verbally, written, or in emails are not guaranteed to be added to the final invoice. It is the job of you the client to make sure that these items are added and paid for two weeks before your event. Adding items days or hours before the event is not possible. Items that were requested and that did not get added to the final invoice will not be provided.
___ 3.F DÉCOR: FEE’S AND CHARGES: I understand that there will be additional fee’s and charges for ceremony chairs, ceremony backdrops, tables, chairs, linens, candles, and any other décor items will add to your wedding expenses and can range form $800 to $5000+ depending on the type of rentals and the amount of guests. Also, since all décor setup will need to happen after regular business hours and on weekends you will be charged an overtime/weekend rates in addition to the standard delivery and labor rates. Please note that this term acts as your discloser for these added expenses. If you wish to have an estimate of these expenses before you book then please email The Conservatory event manger so that an estimate can be provided to you. This estimate will allow you to budget correctly so that there are no surprises. The Conservatory has no direct control of the cost of rental or décor items. The Conservatory cannot discount, negotiate prices, or provide refunds for any of these décor or rental products. The approved rental company can adjust prices at any time. No prices will be adjusted due to client budget concerns, personal hardship, back to back events at The Conservatory, or any other reason. We strongly urge that you as the use due diligence to estimate these charges before moving forward with booking The Conservatory EV as it will be the client’s personal responsibility to secure and pay for the rentals and décor items needed for your event. All invoices for these items must be paid for in full 2 weeks prior to your event.
___ 3.E DÉCOR: SETUP AND LABOR: I understand that rented decor items must be setup by the approved rental company. They carry specific insurance which protects them from accidents that may happen while moving heavy tables, chairs, and other décor items. They are also the only ones allowed to move The Conservatory owned tables and chairs. They do charge a labor fee for setting up both the rented items and The Conservatory owned items. Both of these fees should be paid directly to the rental company. The Conservatory does not set these labor prices nor has an input on those prices.
You, the client, are not allowed to setup or move rented or The Conservatory owned tables, chairs, or other décor items. If you wish to have tables and chairs moved after your event has started you must contract and pay for the labor for the rental company to return to move the tables and chairs on your behalf. Neither you nor your guests, family, or friends may do this on your own. Tables and chairs may not be removed to ‘make more room on the dance floor’ this is prohibited.
___ 3.F DÉCOR: SETUP AND TAKE DOWN TIMES: I understand that all setup and take down must happen during the rental contract times. Meaning, if you ordered an item that needs be delivered the day before and/or picked up the day after that would be outside the rental hours and is not allowed. Case by case depending on staff availability we may have a staff person grant access to the space for the delivery. The cost for this (if approved) is $150 per delivery. So if you have delivery the day before and pick up the day after the cost would be $150x2. All deliveries from a 3rd party rental company must also be approved by The Conservatory. We have the right to refuse access to any company.
___ 4. ALLOWED AND PROHIBITED ITEMS: I understand that The Conservatory does allow candles, however, they need to be enclosed (i.e. votive or a candle in a closed container like a lantern). No taper candles are allowed unless enclosed in glass. This is because it is a fire hazard and the wax can often get on the tables and create damage to the Sticks table or to the linen and there can be a cleaning or damage fee if that were to happen. The fee would depend on the damage to the table or the linen. Small metal or plastic tea lights can be used but must be in a glass container or the wax will drip on the table or linen. As you settle on decor let The Conservatory Event Manager know what your plans are. Balloons and flower petals are allowed outside, but we do require clean up after. Paper floating lanterns, rice, paper confetti, and sidewalk chalk those are not permitted. If you do decide to have balloons or flower petals we do ask that you let us know and give us a run-down of the clean-up plan (all must be cleaned and removed). If The Conservatory staff is needed to clean, we will bill at $50 an hour to clean up items left behind. Other small tossing items are prohibited unless approved by The Conservatory. Clean up of items (if approved for use) must be completed by midnight of the event date. If not, a clean up charge will be assessed and charged. Confetti guns/cannons / flower petals aren't allowed inside at The Conservatory due to potential liability on slipping with the concrete floors and the clean up. You may use flower (rose) petals outside for down the aisle but they must be picked up after as they do stop sun and water to get to the grass and cause browning. Small pieces left behind are allowed. No fake rose petals are allowed outside, as they do not decompose into the grass as needed. Bubbles, bells, fans, and a paper programs are allowed too, but please have someone assigned to pickup those left over items from the outside chairs and grounds after the ceremony.
___ 5. INTERNET: I understand that The Conservatory does have wireless Internet for you or the DJ to use; however, we just do not guarantee speed or connectively. Please contact the event manger for the password.
___ 6. RENTALS & DIAGRAMS: I agree to use the The Conservatory approved Rental Company for additional rental of tables, chairs, and décor items. The rental company may charge a fee for overtime after hours on weekdays or weekend rates for Saturday or Sunday labor.
___ 6.B RENTALS & DIAGRAMS: The booking manager will look over your diagram 2 weeks before the event to make sure that there are no issues. Tables that are setup for guests to sit at must stay up, tables cannot be taken down after dinner to accommodate for extra dance floor room. Instead, a larger dance floor should be planned for in the diagram.
___ 7. INVENTORY: I understand that The Conservatory does have an inventory of items but that inventory may change at any time.
___ 8. CAPACITY: I understand that The Conservatory has a capacity of over 421 guests standing from the fire marshal but that having 275 guests seated would max out seating at The Conservatory EV.
___ 9. ACCCESS: For Saturday Events Only: Rental is from 1pm until midnight and access outside of this time is billed hourly. Last call is 10:45pm bar closing at 11pmm. ($50 per hour in addition to the rental cost if provided by The Conservatory). There is a minimum of 2 hours billed for each early access scheduled. The caterer will also act as your event manager for the event. Please contact them for access times. They typically arrive 2 hours before the cocktail hour. Access to the space on Friday is not guaranteed and can be booked by another client, but if it is available you setup from 6pm to 8pm for a $100 charge. Please email the event director exactly what hours you plan to be in the space 2 months prior to your event. If the space is available on Friday then you may bring in and setup items after the approved rental company has completed setup (timing is case by case) for an hourly charge. The request for this access must be made 2 months prior (otherwise staffing is not guaranteed) to your event date and a member of Out of Box Events staff will be made available to watch and then lockup the building no later than 8PM. If you need to return on Saturday before the 1pm then to unlock the fee is $50 per hour for an Out of Box staff to grant access (two hour minimum). You may book Friday for setup for an additional $500 + $50 per hour for Out of Box staff to provide access. This will allow you to avoid having it being rented by another client. If you do not reserve Friday and Friday does become rented you will be contacted by the events manager and this may mean you will need to change setup and rehearsal plans and move them to Saturday morning, if so, you will need to either coordinate those plans with the caterer or with Out of Box Events at an hourly rate. There will be no compensation from The Conservatory for moving the rental/décor setup to Saturday from Friday. If a Friday event is booked then all wedding setup/rehearsal plans must be moved to Saturday. After your Saturday event all centerpieces and décor items must be removed before the end of the night. This can be done for you for a labor fee. Contact Out of Box for labor fee details. If there is a Sunday wedding the wedding party may rehearse on Saturday before you take access to the space. This is a common courtesy for the next day’s wedding and it is a required kindness by all Saturday rental clients.
Rehearsals:
The Rehearsal for ceremonies may be done inside The Conservatory on Friday night (if there are no events) from 5 to 6pm. The charge is $150. We suggest having everyone arrive at 4:45 so that you can begin right at 5pm, they lock the doors promptly at 6pm, so this must be scheduled ahead of time. The Event Manager (Anthony) will unlock the doors and have staff there to stay and lock up at 6pm. The space may be in the midst of setup by the rental company and all items may or may not be completed. The rental company does not pause setup during the rehearsal and if you would prefer to have the rehearsal after all rental setup is complete then you would need to schedule it ahead of time with the The Conservatory event manager. If there is a Friday event the rehearsal may need to be completed on another night of the week when there isn’t an event (we will strive for Thursday) and the cost for this is $150. The space will not be setup for the ceremony and there will be a staff charge to open the doors for access. To schedule your rehearsal please contact Anthony.
__ 10. ACCESS: Timeline for Friday Setup: I understand that for Client’s that book Saturday events, Friday access is subject to approval from The Conservatory and there will be a Friday setup fee assessed.
__ 11. ACCESS: For Sunday Pickup: I understand that access to the space on Sunday after a Saturday event for pickup of items needs to be scheduled 2 months before the wedding date. Access for pickup of items on Sunday is from Noon until 1pm and may be charged an hourly fee ($50 per hour – 2 hour min).
___ 12. HOLIDAYS: Holiday events will be booked on a case-by-case basis. For NYE access for setup will need to be planned through the caterer (no access the day before or the day after unless pre-arranged). If the caterer cannot provide access then Out of Box Productions can provide it with a 3-month notice. The Holiday fee for access by The Conservatory on all Holiday’s including the day before and the day after holidays is $100 per hour. Access on Christmas, Christmas Eve, New Years Eve, New Years Day, Labor Day – all weekend, Memorial Day – all weekend, Easter and all other holidays must be planned through The Conservatory and an hourly fee will be assessed for accesses.
___ 13. CEREMONIES & EVENTS: I understand that any room adjustments after the event starts will be handled by The Conservatory staff at a project based rate depending on what is needed to be adjusted. Please contact the event manager for a quote.
___ 14. VENDORS: I agree to submit all vendors for approval at least 2 months prior to the event date. Conservatory’s has the right to deny any vendor from conducting business at The Conservatory without pre-approval from the current The Conservatory Event Director. Each vendor is required to fill out a vendor contract for each wedding at The Conservatory (even if they’ve been to The Conservatory before). For the current contract please contact your event manager. The Conservatory does require you to use the current rental company for all additional tables, chairs, drape, and other décor items and you are required to use Out of Box Events for all planning and day-of coordination needs. The Conservatory nor Out of Box Events is not responsible for any work done by other vendors. Ultimately you as the client are responsible for any issues that are created by any vendor you hire (damaging items, leaving trash behind, needing extended hours for setup or take down – these are billed hourly by The Conservatory, or any other vendor related issue). Item’s such as transferring/moving chairs, light votives, turning on rented lights, etc. are not handled by The Conservatory and should be coordinated through the approved caterer or approved event planner. Note: Before you book a vendor please ask the The Conservatory event manager to make sure they are approved. We do have a list of vendors that are not allowed please contact us for our list.
___ 15. VENDORS: I understand that our partnering vendors do require payment in full before your event and payment must be made to them per your contract or you may not be allowed to have your event at The Conservatory. If they are allowing you to pay after then they must let The Conservatory know these arrangements before the event date.
__ 15.B VENDORS: I understand that requirements and riders by Bands, DJ, performers, or any other vendor or guests must be provided by the renter. If the band has a rider that requires specific power needs, stage needs, dressing rooms, etc. It is the renter that must pay for and provide these items and not The Conservatory (we will provide the invoice for the stage and dressing room from our approved rental company). The Conservatory does not make any promises or guarantees to have the specific power requirements needed by your entertainment. The Conservatory will provide “early” access to the band for setup at an hourly fee of $50 per hour. Before you book them, ask The Conservatory to make sure we can accommodate their needs and their setup and take down times. Please note: Most all on-site vendors (i.e. band, DJ, planning team, photos, video, etc.) do require meals during dinner and this is billed from the caterer to you the client. It’s protocol that you feed your vendors who will be there during dinner.
___ 17. CLEANING: I agree to return the The Conservatory space to the way it was found. The approved caterer is required to take out the event related trash, and clean up any left over cups and plates. When not using an approved caterer this is the renters/clients responsibility and there may be additional charges for access to clean. Please note that items left over from the setup of the event, décor, food, drinks, etc. must be removed from the building. This includes empty beer and wine boxes, empty boxes that held flowers or other décor items etc. If the vendor who you have hired does not remove these items then falls onto the responsibility of you as the client. All those items must be removed from the building the night of the event. You may throw away in our dumpster no more than 2 trash bags of this type of event related trash. The rest must be taken with you as The Conservatory EV does not have enough trash bin room for this type of trash. If any trash is left in the building the fee to remove the trash will be $100 per trash bag and a $50 per hour labor charge.
__ 17.B CLEANING: I understand that biohazard cleanup will be charged at $200.00 per incident. (Any bodily fluid left in building that requires cleanup).
__ 17.C CLEANING - SMOKING: I understand that smoking areas are designated outdoors.
___ 18. PERSONAL ITEMS: The Conservatory is not responsible for any lost or stolen personal property of the renter or a vendor contracted by the renter. That includes gifts, cards, wine glasses, equipment, computers, and any other item owned by the client or their vendors. We do have a lost and found, you may inquire about a lost item by emailing the event manager. If found you may pick them the item(s) from Monday through Friday the week after your event. Items will be donated after that 1 week as The Conservatory EV does not have a way to store items in the facility.
___ 19. VOTIVES: I understand that the caterer and The Conservatory staff will assist in light candles.
___ 20. INSURANCE: I understand that All events held on The Conservatory properties require event liability and risk management insurance. Your personal liability that you may already have will not cover this specific event and a specific event policy must be created. The Conservatory will make arrangements for this on your behalf (you do not need to do anything) and invoice you for insurance fee or we will remove it from the damage/security deposit. The cost for this can be from $150-$200 or more and is required by The Conservatory.
__ 21. ALCOHOL: All alcohol is provided by The Conservatory. Please reference the current packet for bar prices and policies. Bar prices can change at anytime. All kegs, corkage fee’s, special bottled beer, and special wine needs to be paid for 30 days before the event. No outside drinks of any kind are allowed inside The Conservatory.
__ 22. PROPERTY DAMAGE & STOLEN ITEMS: I understand that cameras monitor the facility and any damage to The Conservatory (the facility) or stolen property will be charged to the Credit Card on file. An inventory of items damaged or stolen will be provided by The Conservatory. This includes damage to the outside grounds actual building or floors, kitchen, bathrooms, toilets, and any other part of the The Conservatory facility. You, the client, are obligated to provide payment for any damages caused by you, your guests, or any of your vendors. Conservatory’s is not responsible for any lost or stolen personal items.
__ 23. CORPORATE EVENTS: I understand that for Corporate Events there is to be only one main contact. This person will be the only one authorized to make adjustments, changes, updates, and ask questions. Committee discussion and decisions should happen privately, and the main contact should then contact through email The Conservatory event manager for adjustments or updates.
__ 24. CANCELATION: I understand that if the renter should cancel or change the agreement for any reason, the rental deposit/booking fee is 100% non-refundable. If client should cancel for any reason the following amount will be due: Between 10 months to 1 year from the event date 25% of the final will be due, from 5 to 9 months 50% of the final will be due, and for 5 months or less from the event date 100% of the final will be due. If The Conservatory should rebook the date, the final payment is not due, but the deposit is not refundable. In addition to the deposit you may also be charged a final rebooking fee of $500. The Credit Card or check on file may be used if payment is not submitted by check 10 days from request. Deposits are never refundable.
__ 24.B. CANCELATION: Force Majeure/Act of God: I understand that in the event either party is unable to perform its obligations under the terms of this Agreement, despite having taken reasonable precautions, because of acts of God / acts of man, interruption of electrical power or other utilities, equipment or transmission failure or damage reasonably beyond its control, weather storms, floods, lightning, tornados, pandemics, epidemics, Corona/Covid-19, terrorism, or other causes reasonably beyond its control, such party shall not be liable to the other for any damages resulting from such failure to perform or otherwise from such causes. Even if the contract obligations are not met, the client does forfeit the deposit payment and venue rental payment. Payment to The Conservatory are non-refundable even for force majeure or government declarations and any other unforeseen incident that would force cancelation. In addition, The Conservatory and its partner companies must operate in full compliance of any local/state/federal law, rule, regulation, ordinance, and mandate. If this compliance causes cancelation of the event the payments paid are non-refundable.
__ 24.C CANCELATION: Changing Dates: I understand that changing wedding dates due to an emergency or any unforeseen circumstance will be examined with the utmost respect and care. Ultimately, the decision to change date will be decided case-by-case. In order to change to another date, the current booked date must be released on the calendar on-line. The Conservatory, Inc. will do it’s best to get the current event date booked on your behalf. You may suggest to us potential renters and we will arrange a time to meet with them about taking over the date. Once the current date is booked then you may book the new date, but the original date must be booked by another renter before the date will be moved. If the date does not get rented by another person and you wish to cancel, then final payment is due as noted in number 24 of this contract.
__ 24.D CANCELATION: Deposits Paid and Deposits Due (i.e., for those clients that pay the entire invoice amount at final count due date) for Rental Agreements that are cancelled or rescheduled due to the Covid-19 will not be refunded or voided. The Conservatory will, however, apply the deposit amount to a new or rescheduled order for the same client/customer order/same year (on an open date). The deposit amount will not be moved to another client/customer order.
__ 24.E CANCELATION: I understand that The Conservatory and Out of Box Productions has code of conduct requirements from all clients conducting business with The Conservatory, Out of Box Productions, any associated employee or subcontractor or any vendor. The client is expected act with respect and kindness and specifically must not engage in misconduct or inappropriate behavior, including any form of discrimination, harassment, violence, yelling, raised voices, or other inappropriate behaviors. To do so is an immediate termination of all agreements. No refunds will be provided unless decided on by The Conservatory and/or Out of Box Productions along with a fully signed and executed non-discloser agreement.
__ 25. Breach of Contract: I understand that all items in the Hold Harmless and in the contract Terms must be followed and that not doing so would be considered a breach of contract. The Conservatory reserves the right to cancel this agreement due to a breach of contract. Full payment of the rental space would still be due in full. The Conservatory and its partner companies must operate in full compliance of any local/state/federal law, rule, regulation, ordinance, and mandate.
__ 26. WEATHER: Snow, Rain, and other weather conditions: I understand that the City of Des Moines is responsible for all snow removal.
__ 27. Public Roads: I understand that it’s the renter’s responsibility to research road closures due to events (marathon’s, triathlons, festivals, etc.) and constructions and to instruct guests as to alternate routs. The Conservatory will do the best they can to communicate these items as they are informed about them but are not responsible for informing the renters of any city or state road or traffic issues.
__ 28. SECURITY: All events must hire a security officer from Private Security Services. The Conservatory will make arrangements for this and deduct the cost from the security deposit.
__ 29. COMMUNICATION – PLANNING: I understand that the bulk of the planning through The Conservatory will be done by email. It’s important to have an “email thread” to log past electronic correspondences in a way that can be accessed by The Conservatory in case of an emergency. You may be asked to present your questions through email so that a written response can be provided. Then, if needed, after that a follow up call can be provided for better clarification. You may see the space (or show the space) at any of our tours, and you can email Anthony to chat with him after the public tour (subject to his availability). Meetings outside our set tour times may be an additional charge of $50 per hour.
__ 29.B COMMUNICATION – PLANNING: I understand that the The Conservatory events manager is reachable by email or phone at anytime. However, in person meeting are by appointment only. The Conservatory does not have any open office hours at all, so showing up unannounced isn’t recommended. Please email to setup an appointment.
__ 30. SECURITY (damage) DEPOSIT: I understand that The Conservatory EV requires a $500 security (damage) deposit charged only in the case of property damage, stolen property, and additional clean-up hours due to left over trash or other cleanup that was not taken care of by the client. You will be informed of the damage or extra labor hours through email. Also, the $500 will be used to arrange for security officers and for liability insurance for the event. Any of the $500 that may be left after those bills are paid will be refunded to you if no damage has occurred (sent back to you via check within 30 days of your event date or credited on your final bar invoice).
__ 30.B VALID BOOKINGS: I understand that the event booking date is not valid unless the following 3 items are satisfied: 1) all pages of this agreement are initialed, signed, and confirmed received by the The Conservatory Event Manager; 2) the deposit check is received by The Conservatory.; 3) a security deposit by credit card or check must be provided (see #30 above). You will receive an email letter within 7 business days and if approved it will act as your confirmation of the booking. Holds of dates are only valid for 7 days and it is only this contract, deposit, and security deposit that will officially book the date. It’s your responsibility to understand each item in this agreement.
__ 31. Marketing Photos: The Conservatory, Inc. and other approved vendors may take photos of your event setup for on-line marketing and promotional services. We will use the utmost respect when capturing photos. These photos will be taken before your event to show different types of setups and décor possibilities to future clients.
__ 32. Discounts: I understand that discounts for events will be discussed case by case and are subject to internal factors such as time of year, day of the event, and reason for the discount. Discounts for non-profits must be requested through our charity discount request form. You may request this form by emailing The Conservatory EV. For any organization where a discount is being made The Conservatory does ask for an equal in-kind trade of the same value. This may include but is not limited to tickets to the event, signage on-site, marking as a sponsor for the event, and web/radio/tv marketing.
__ 33. Discounts: Pricing: I understand that The Conservatory will run specials and discounts throughout the year. Your price is set the day you book even if prices lower at another time no price adjustment based on the current discount or special will be given.
__ 34. No Disparagement or Misappropriation: At no time (i.e., indefinitely) following the Effective Date of this agreement shall the client(s) (i) make any statements, or take any other actions whatsoever, to disparage, defame, sully or compromise the goodwill, name, brand or reputation of the Out of Box Productions, LLC / The Conservatory / Saley Nong / Anthony Marinaro or any of its affiliates or (ii) commit any other action that could likely injure, hinder or interfere with the Business, business relationships or Company Goodwill of the Out of Box Productions, LLC / The Conservatory / Saley Nong / Anthony Marinaro or its affiliates.