THE HATCHERY EVENT SPACE RENTAL CONTRACT
This Event Space Rental Contract (“Contract”), entered into, is by and between Babcock Ranch Hatchery Operations, LLC, a Delaware limited liability company (the “Hatchery”) and (the “Customer”) for the Space noted above.
1. RECEIPT / INSPECTION / USE OF SPACE & EQUIPMENT. Customer acknowledges that it is renting the Space and Equipment (if any) on an "AS IS" basis, and that prior to the commencement of the Event, Customer shall inspect the Space and Equipment, and advise the Hatchery at that time of any defects, which the Hatchery will use reasonable efforts to resolve, failing which Customer’s sole remedy will be a return of any Deposit paid, and this Contract shall then be deemed terminated. It is the responsibility of Customer to ensure that at the conclusion of the Event, the Space and Equipment are returned to their condition immediately preceding the commencement of the Event.
2. CHARGES AND PAYMENTS. Customer is responsible for the Price, and for other charges under this Contract. The Price and all amounts due hereunder are due and payable at the conclusion of the Event. A carrying charge of 1.5% (ANNUAL RATE OF 18%) will be charged on all overdue accounts. Customer’s obligation to pay the Hatchery for the Price and other amounts to be paid by the Customer are independent covenants, and Customer shall have no right to hold back, offset or fail to pay any such amounts for default or any other reason whatsoever.
3. CREDIT CARD AUTHORIZATION, Customer hereby authorizes the Hatchery to process charges against Customer’s credit card for any amount due hereunder, which includes, but is not limited to rental fees, deposits, missing & damaged equipment repairs and fees. Customer agrees that it shall not dispute any legitimate charges processed by the Hatchery, and Customer agrees not to request any charge backs on its credit card until any disputed matters are first resolved with the Hatchery. In the event of any dispute rising from or charge back from Customer’s credit card, Customer shall be fully and solely responsible for the settlement of payment.
4. CANCELLATIONS. Customer must may cancel this Contract up to ten (10) days before the Event to avoid cancellation charges. If Customer desires to cancel within ten (10) days of the Event, Customer shall pay a cancellation fee equal to 50% of the Price. If Customer desires to less than 48 hours prior to the Event Customer shall agree to pay 100% of the Price.
5. RESPONSIBILITY FOR SPACE AND EQUIPMENT. If any of the Equipment is lost, stolen, damaged, or unduly soiled, under any circumstances during the Event, regardless of fault, the Customer shall be responsible for all charges, including labor costs to replace or repair the item(s).
6. ACKNOWLEDGEMENTS BY CUSTOMER. Customer hereby acknowledges and agrees to the following:
a. Any food and/or beverage that Customer may desire to be made available during the Event shall only be permitted if same are provided by either: (1) the Market Café (Slater’s Good & Provisions), or (2) Trails End Table & Tap (Table & Tap), which Customer will need to separately contract for services. All other food and beverage is strictly prohibited. If the Event shall have any liquor or alcohol of any type served, it may only be served by a representative of one of the above providers. The Customer is strictly prohibited from serving liquor or alcohol of any kind on its own. Violation of this provision will result in immediate termination of this Contract.
b. The Event will be occurring in the Hatchery which is a co-working environment. Members of the Hatchery will still have access to other spaces in the Hatchery not included in the Space. However, if the Event is occurring in the Cypress Lodge common area, members will need to pass through to the Space to get to another location in the Hatchery, and Customer shall permit reasonable access through the Space for such members during the Event.
7. DISCLAIMER OF WARRANTIES. CUSTOMER AGREES THAT NO WARRANTIES, EXPRESSED OR IMPLIED OR REPRESENTATIONS THAT THE SPACE OR EQUIPMENT IS FREE OF LATENT DEFECTS INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION HEREWITH. CUSTOMER’S SOLE REMEDY FOR ANY FAILURE OF OR DEFECT IN THE SPACE OR EQUIPMENT IS TERMINATION OF THIS CONTRACT AND A RETURN OF UNEARNED FEES PAID, PROVIDED THAT CUSTOMER NOTIFIES THE HATCHERY IMMEDIATELY OF SUCH FAILURE. THE HATCHERY SHALL NOT BE RESPONSIBLE FOR ANY DEFECT OR FAILURE UNKNOWN TO THE HATCHERY.
8. LIMITATION OF LIABILITY. Customer recognizes that the internet services available at the Hatchery is separately owned and not subject to the control of the Hatchery. Customer agrees that the Hatchery shall not be liable for damages incurred or sums paid if the internet services are temporarily unavailable due to malfunction of, or cessation of, internet services by network or internet service providers, or for transmission errors in, corruption of, or the security of your information carried on such networks or internet service providers. The Hatchery shall have no liability hereunder for damages incurred or sums paid due to fault by Customer or any third party, or by any harmful components (such as computer viruses, worms, computer sabotage, and denial of service‟ attacks). The Hatchery is not liable for any breach of security on Customer’s (or its guests, invitees, employees, etc.) computer or network. Customer agrees that it will not hold the Hatchery responsible for any selection or retention of, or the actions or omissions of, third parties in connection herewith, or hold a third party responsible for any selection or retention of, or the acts or omissions of, Hatchery in connection with the internet service. Without limiting the foregoing, Customer agrees that it will not hold the Hatchery responsible for (a) third party claims against Customer for damages, (b) loss of or damage to Customer’s records or data or those of any third party, (c) loss or damages to Customer associated with the inoperability of Customer’s equipment or applications with any component of the internet service, or (d) failure of Hatchery Equipment (furniture, phone system, etc.).
9. INDEMNIFICATION. Customer releases, and hereby agrees to indemnify, defend and save harmless the Hatchery and the Hatchery’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns (“Hatchery’s Indemnified Parties”), jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of: (i) Customer’s non-compliance with its obligations under this Contract, (ii) any and all claims by any of Customer’s guests, employees, invitees, customers or other third parties in connection with the use of the Space or Equipment; or, (iii) Customer’s (including its guests, employees, invitees, customers, agents, or third parties in the Space at the direction or request of Customer) negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Space or Equipment. Customer further agrees in the event that it brings a claim or lawsuit in violation of this Contract, Customer shall be liable for any attorneys‟ fees and costs incurred by the Hatchery’s Indemnified Parties in connection with the defense of such claim or lawsuit.
10. 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 or a prior course of dealings. In entering into this Contract, neither party has relied upon any statement, representation, warranty, or agreement of the other party except for those expressly contained in this Contract. The parties may amend this Contract only by a written agreement of the parties that identifies itself as an amendment to this Contract. In the event that any provision or portion of this Contract is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Contract shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. Acceptance of terms and conditions at https://hatchery.cobot.me/by Customer shall be deemed as effective as executing and delivering this Contract to the Hatchery. This Contract shall not be binding on either party until the Hatchery has provided a confirmation email to the Customer that the Hatchery has accepted this Contract, and the deposit, if any, has been received by the Hatchery.
Cobot is the web platform used by The Hatchery to provide this website.
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