This Agreement between Wayfinder Co-op, LCA and Lessee, outlines the procedures necessary to use Wayfinder facilities.
I. BACKGROUND
A. The Venue is an outdoor-industry focused co-operative co-working space located at 525 Santa Fe Dr. Denver, CO in the Santa Fe Arts District. It offers several spaces for both public and private events in a 7,555 sq. ft. building.
B. The Lessee wishes to secure and use the Venue to host an event and agrees to the terms and conditions set out in this Agreement.
II. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Lessee and the Venue (individually the “Party” and collectively the “Parties” to this this Agreement) agree as follows:
III. GENERAL POLICY
A. Wayfinder Co-op, LCA shall authorize the utilization of the Venue facilities by agencies, businesses, industries, schools, organizations, groups and individuals, within the guidelines and procedures approved by the Co-op Board of Directors. No verbal guarantees either expressed or implied will be honored. Appropriate charges may be assessed for the use of facilities to cover costs incurred as well as amortization for equipment and cost of materials.
IV. TERM OF AGREEMENT
A. The term of this Agreement (“the Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services on Event Date and and Venue Rental Hours, outlined in Exhibit A, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.
V. PERFORMANCE
A. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
B. If any permits or certifications are required by event or event venue, it the sole responsibility of the Lessee to file and comply with required filings.
VI. RESERVATIONS
A. Venue Rental Hours are inclusive of all setup and breakdown time required for the event.
B. Requests for facility rental are honored on a first-come, first-served basis.
1. Happy Hour events may be canceled, up to two weeks from Event Date, or restricted to Otero taproom if a party has rented out the main event space.
2. Otero Taproom may be open for a secondary event unless Event Host has bought out the taproom.
C. Requests may be approved if Wayfinder Co-op, LCA policies are met and if facilities are available.
D. Wayfinder Co-op, LCA reserves the right to blackout certain dates and refuse an event, group, or individual that is unsuitable for the goals of our space.
E. Facilities are available to rent to individuals who are at least 21 years of age.
F. The following are required no less than thirty (30) days from Event Date to secure the Venue:
1. This Agreement must be signed by all parties
2. Receipt of 50% non-refundable deposit fee upon signing and full payment
3. Signed credit card pre-authorization form
4. Proof of required insurance and permits no less than thirty (30) days from
5. Once the documents and deposit are received, this document serves as a written contract.
G. All reservation requests and changes must be finalized with the Director of Events fourteen (14) business days prior to the event.
H. Requests and changes within fourteen (14) days are subject to equipment availability, ability to fulfill the request, and additional set-up fees.
VII. VENUE FACILITIES, USE AND CLEANUP
A. Space may be rearranged to meet event needs upon confirmation by Director of Events. Artwork and/or anything on the walls may not be moved.
B. All items, decor, rented equipment, personal property, etc. must be removed from the event space at the end of the night.
C. The space must be returned to its original layout as seen on the map in Exhibit F.
D. Charges for cleanup and removal will be assessed and charged to the event host if premise is not left clean and clear according to Exhibit B: Fee Schedule.
E. Items not removed immediately following the event, will be disposed of with no liability to the Venue and could result in charges applied to client’s pre-approved credit card. The Venue is not responsible for any lost or stolen items.
F. Any damage or theft of artwork or property loaned or belonging to Wayfinder Co-op or member property is the sole liability of the Lessee and will be charged to the Lessee in accordance with the Fee Schedule (Exhibit B).
G. An inventory of items available for use by Lessee are outlined in Exhibit F.
Any additional equipment is the sole responsibility of the Lessee to assess, rent, and hire AV technicians if necessary.
H. Linens, additional furniture, dishware, cutlery etc. are not included in facility rental and are the sole responsibility of the Lessee.
VII. WAYFINDER MEMBER USE
A. Wayfinder Co-op, LCA desk and office members have 24/7 access to and are allowed to work in their dedicated space, which is separate from the event space, at all times.
B. Wayfinder Co-op, LCA members are not entitled to private events without invitation from Lessee or securing a ticket or other event entry requirement.
DOG POLICY
A. Dogs are not allowed. Service animals in uniform accepted.
FEES AND DEPOSIT
A. A non-refundable deposit of 50% of Total Venue Rental Fee is due on signing.
The remaining balance and any additional event fees will be presented to the lessee in one final bill forty-five (45) days in advance of event date and is due no later than thirty (30) days from Event Date.
Any and all outstanding fees (clean-up, damages, etc.) will be invoiced to Lessee within one (1) week from Event Date. Lessee agrees to pay any outstanding balance within thirty (30) days from the date of the invoice.
All fees are set by the Wayfinder Co-op, LCA in Exhibit B: Fee Schedule and are subject to change without notice.
Hours over contracted Venue Rental Hours will be charged according to the Fee Schedule in Exhibit B.
Lessee is responsible for returning the facility to the condition it was given. Failure to meet our Cleaning Standards (Exhibit C) will result in additional fees (Exhibit B).
Additional fees may be incurred by the Lessee, where applicable, for technical assistance, security, maintenance, energy surcharge and damages, as outlined in Exhibit A and Exhibit B.
Event Venue Fee can only be waived by the Wayfinder Co-op, LCA Board of Directors, and even when such fees are waived, all facilities policies remain in effect and must be followed.
CANCELLATION AND REFUND
Events cancelled more than thirty (30) days in advance of Event Date will receive a refund of any Venue Rental Fee payment exclusive of the the 50% non-refundable deposit and any expenses already incurred.
Events cancelled thirty (30) days or less from the event date will result in full forfeiture of Venue Rental Fee and assessed expenses as outlined in the contract.
Wayfinder Co-op, LCA reserves the right to cancel any event in cases of extraordinary circumstances, and a refund will be granted not to exceed the amount paid to the Venue.
PENALTIES FOR LATE PAYMENT
Any late payment will trigger a fee of 1.5% per month on the amount still owing.
ALCOHOL
Outside alcohol is not permitted in Venue’s licensed area, Otero Taproom, as shown in Exhibit F.
Alcohol from the Venue’s licensed area, Otero Taproom, as seen in Exhibit F, is not to leave that area at any time..
Guests may not bring in outside alcohol to the Venue unless it is an approved private, invite-only event.
Outside alcohol may be served at a public event only with a Special Event Permit and Lessee must adhere to all policies outlined by the city and state for Special Event Permits.
Bartenders must be certified and provide proof of Colorado approved current certification to Director of Events no less than thirty (30) days from Event Date.
Bartenders may not consume alcohol before or during service.
Bartenders must be eighteen (18) years of age to serve and must be under the supervision of a manager at least twenty-one (21) years of age.
Vertical IDs are never to be accepted per Venue policy.
All patrons will be asked for proof of ID.
Canned/bottled alcohol beverages must be opened on service.
Responsible serving practices will be conducted at all times. Bartenders have the right and responsibility to deny service to anyone at any time.
All city and state laws, statues and regulations are to be adhered to at all times.
INSURANCE
Lessee must have insurance that covers event with a $1 Million minimum limit.
Wayfinder Co-op, LCA and Dunkeld Properties, LLC must be listed as an additional insured on all policies.
Lessee must provide proof of Liquor Liability if selling alcohol or Host Liquor Liability if serving alcohol no less than thirty (30) days from Event Date.
If a third party is serving alcohol, a copy of the third party Host Liquor Liability certificate is required.
Wayfinder Co-op, LCA must be listed as additional insured on any liquor liability policy.
SECURITY
Wayfinder Co-op, LCA reserves the sole right to require hired security if the event warrants such. Services will be hired through Wayfinder Co-op, LCA’s preferred vendor by Wayfinder Co-op, LCA and charged to the lessee.
ADVERTISING
Lessee shall not advertise any event until agreements between all parties involved have been properly executed and filed with Event Venue.
LESSEE RESPONSIBILITIES
The Lessee assumes full responsibility for any and all claims arising out of Lessee’s use of said facilities for personal injury, loss of life, theft, damages or otherwise. Lessee agrees to reimburse Event Venue for any cleaning costs and any costs of repairs to said facilities caused as a result of Lessee’s utilization of said facilities. Additionally, the Lessee agrees that the success of their event is their responsibility. Event Venue is responsible for providing the Venue and other items as agreed upon as stated in this Agreement.
NOTICE
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
Lessee Address and Email Address (on Exhibit A - Terms & Conditions)
Wayfinder Co-op, LCA | 525 Santa Fe Dr. Denver, CO 80204 marketing@wayfinder-coop.com
or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.
LIABILITY AND INDEMNIFICATION
The Venue assumes no liability to Lessee or Lessee’s guests, family members, vendors, contractors, staff, volunteers, third parties, passengers, or other Lessee invitees, outside of claims, losses, or damages resulting from the Venue’s gross negligence or intentional misconduct. Lessee agrees that Venue is not liable for and will not claim any damages caused by delay or other issues with services. Any damages or claims pursued by Lessee are limited to the contracted amount herein, particularly contracted amount paid to Venue.
The Lessee agrees to indemnify and hold harmless the Venue, and its respective directors, shareholders, affiliates, officers, agents, employees, members and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any participation by the Lessee, its guests, invitees, or third parties not affiliated with Venue that occurs in connection with this Agreement, except for any damages caused by the gross negligence or willful misconduct of the Venue. This indemnification will survive the termination of this Agreement.
MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
ASSIGNMENT
The Parties will not voluntarily, or by operation of law, assign or otherwise transfer their obligations under this Agreement without prior written consent.
All third party vendors hired by the Lessee, whether paid or not, must be disclosed to Event Venue.
ENTIRE AGREEMENT
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns, and respective business owners as individuals.
GENDER
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include feminine and vice versa.
GOVERNING LAW AND VENUE
This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. Any matter and/or claim arising from and/or under the terms and performance of this Agreement will be brought in the County of Denver, Colorado.
SEVERABILITY
In the event that any of the provisions of this Agreement at held to be invalid or unenforceable in the whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
WAIVER
The waiver by either Party of a breach, default, delay or omission of any of the provisions will not be construed as a waiver of any subsequent breach of the same or other provisions.
FORCE MAJEURE (“Acts of God”)
If performance of this Agreement or any obligation under it is prevented, delayed, restricted or interfered with by causes beyond either Party’s reasonable control, and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended and/or excused to the extent necessary by such event.
PHOTOS - RIGHT TO USE
Lessee gives the Venue and its employees and agents permission to take and use for any lawful purpose photographs, video and/or other images from the Event as such may be embodied in any pictures, drawings, renderings, photographs, video recordings, bulletins, advertisements, promotional or education materials, audiotapes, digital images or the like, including but not limited to the internet, television, radio, newspapers, magazines, social media sites. In this regard, the Lessee acknowledges that the Lessee will not receive any compensation or remuneration for the use of such pictures, etc. The Lessee also understands that once such pictures, etc. are published to the media or on the internet, or are otherwise published, they may be used in publications and/or on websites outside of the Venue’s control.
Lessee agrees to accept and abide by the policies and procedures listed above as well as our Terms & Conditions. Lessee further agrees to accept and abide by all policies of Wayfinder Co-op, LCA as well as the laws of the State of Colorado.