Venue Rental Agreement

Venue Rental Agreement

This Rental Agreement (“Agreement”) is made as of by and between Famecast Media, Inc. (“Famecast”) and (“Client”), a located at . Each of Famecast and Client is a “Party” and collectively, they are the “Parties”. The purpose of this Agreement is to define the obligations of the Parties pertaining to Client’s rental and use of Famecast’s venue located at 1533 26^th Street, Santa Monica, CA 90404 (the “Venue”).

Subject to the terms and conditions of this Agreement (including Client’s timely payment of amounts due), the Venue has been reserved for Client’s use on from to (Client’s use at such time being the “Event”), such Event details being stipulated on Attachment I hereto. Client acknowledges and agrees that the aforementioned hours for the Event include all Event-related set up and clean up, including that of all subcontractors that Client may use. By executing this Agreement, Client acknowledges and understands that it will strictly adhere to, and follow, the terms of this Agreement, and further it will be responsible for any damage or loss to the premises and site resulting from Client’s use of the Venue, including damage or loss resulting from the acts or omissions of Client’s invitees, guests, agents and/or subcontractors.

Client represents and warrants that it has inspected the Venue and has determined that the facilities, in their “as is” condition, are suitable for the Event. Client acknowledges and agrees that it is renting the Venue “as is”, and this Agreement is proof of the Client’s acceptance of the Venue’s “as-is” condition. Client hereby confirms that the power available at the Venue is able to meet the power requirements of the Event. Client represents and warrants that the Venue has adequate bathroom facilities and otherwise meets Client’s occupancy, security, safety and health requirements for the Event. Client understands and accepts that the Venue is subject to local, state, and federal laws, regulations and ordinances (“Laws”), including an occupancy limit of 175. Client represents and warrants that it has made its own investigation regarding all applicable Laws in deciding to rent the Venue.

Except with Famecast’s prior written consent, Client shall provide a list of all Event-related vendors to cba@famecastmedia.com at least three (3) weeks prior to the Event.

In addition to the Certificate of Insurance that Client must furnish to Famecast under the terms of this Agreement, Client is also responsible for providing Famecast with valid certificates of insurance with the proper amounts of coverage for all sub-contractors that Client intends to use in connection with the Event. Such sub-contractors include, but are not limited to, caterers, valets, performers, photographers, entertainment, equipment rentals (tables/chairs/tents, etc.), florists, decorators, sound and lighting technicians, etc. All sub-contractors must have a certificate of insurance, naming “Famecast Media, Inc” as an additional insured. In addition, each sub-contractor’s certificate of insurance must include a separate endorsement naming “Fanecast Media, Inc.” as an additional insured.

Fees and Deposits

The rental fee and terms for the Venue are set forth on Attachment I hereto. The total fee is due two (2) weeks prior to the Event (such total fee being the “Total Event Cost”).

Upon receipt of this Agreement, (1) a 25% deposit of the Total Event Cost is due to hold the Venue for the Event, and (2) a security deposit equal to 25% of the Total Event Cost is due to ensure Client’s compliance with the terms hereof, including its obligation to clean the Venue after the Event. These deposits are due two (2) weeks from the date on which this Agreement is executed by Famecast. Please send your signed Agreement and deposit to:

Attn: CBA

Famecast Media, Inc.

1533 26^th St

Santa Monica,CA 90404

Email: cba@famecastmedia.com

The deposit to hold the Venue is non-refundable and non-transferable. If the Event is cancelled for any reason within two weeks of the Event, the Total Event Cost will be withheld in full. Famecast shall refund the security deposit to the extent it has not been applied to amounts due to Famecast under the terms hereof. All or any portion of the security deposit may be used, as reasonably necessary, by Famecast to cure Client’s default in making payments due hereunder, to repair damage caused by Client or any Client Vendor (excluding ordinary word tear) or to cover any other unfulfilled obligation of Client.

Insurance

Client shall provide evidence, in form and substance satisfactory to Famecast (acting reasonably), of its liability insurance no later than four (4) weeks prior to the Event. Client represents and warrants that it has, and will maintain without material change, such liability insurance through and including the date of the Event. Client shall provide evidence of such insurance from its own carrier. Client shall email the certificate of insurance and endorsement to cba@famecastmedia.com with the subject line reading “Attention: Special Events”.

Levels of Insurance Required

Client is responsible for providing a Certificate of Insurance and endorsement for itself (and separate certificates and endorsements for each sub-contractor being used) at the following minimum levels:

Commercial Liability Insurance for a minimum of $1,000,000 per occurrence and $2,000,000 aggregate;

Auto Liability Insurance of $1,000,000 combined single limit (for vendors); and

Workers compensation plus $1,000,000 minimum employer’s liability limit (for vendors).

Naming “Famecast Media, Inc” as additional insured is also required.

Client assumes full responsibility and liability for any and all damages to the Venue and surrounding site.

Indemnity

In addition, Client agrees to indemnify and hold harmless Famecast, its officers, directors, employees, contractors, staff and agents working on its behalf, from any and all claims, actions, suits, costs, damages, losses and liabilities (including attorneys’ fees and the cost and expense of defending any such suit, claim or demand) resulting from (a) Client’s breach of this Agreement; (b) the negligent acts or omissions of Client or any of Client’s guests, invitees, agents and sub-contractors (each a “Client Vendor); or (c) the willful misconduct or Client or any Client Vendor.

Event Set-up Limitations

All property belonging to Client, Client’s invitees, guests, agents and sub-contractors, and all equipment shall be delivered, set up and removed on the day of the Event. Should the Client need earlier access for set-up purposes, this can be arranged for an additional fee. The Client is ultimately responsible for property belonging to the Client’s invitees, guests, agents and subcontractors.

The Venue is a non-smoking facility.
No rice, rose petals, birdseed, confetti, glitter, floating sky lanterns, fire pits, tiki torches or sparklers are allowed in the Venue or on the premises.
All decorations must be pre-approved by Famecast.

Parking

Parking at, or immediately adjacent to, the Venue is extremely limited. Street parking is available on nearby surface streets; there are, however, restrictions and time limits that are enforced by local police. This Agreement does not include parking. Client represents and warrants that it has investigated available parking and has determined that such available parking is adequate, suitable and otherwise acceptable for all purposes of the Event.

Caterers

While Famecast does not maintain a list of approved caterers, Client acknowledges and agrees that it will only engage caters who carry the required liability insurance and health permits and are otherwise familiar with the Venue’s rules and regulations

Alcohol Control

Client’s guests that appear to be thirty (30) years of age or under shall be carded by the bartending service, therefore, they must have either a valid drivers license or valid picture ID.

No alcohol may leave or be consumed outside the Venue.

Venue Limits

The Venue shall be kept free of weapons, controlled substances and smoke. No commercial activity shall be conducted at the Venue without Famecast’s prior approval.

Music

Although the playing of music (both live and recorded) is allowed, the sound level of such playing must, at all times, be reasonable so as not to disturb the local surrounding area. Sound levels indoors may be played up to 85 decibels, such levels to be verified and monitored by a decibel meter. Music may not be played outside of the venue. Any complaints from neighbors or other parties may require these levels to be reduced further.

Security

Famecast, at its sole discretion, may mandate that additional security personnel be assigned to the Event, which may involve additional fees over and above the Total Rental Fee for the Venue.

Clean Up

Client shall be responsible for returning the Venue to the state that it was in when access was granted to Client on the day of the Event, including the removal of all decorations. The Client is responsible for any and all damages to the Venue and surrounding site. If Client fails to restore the Venue to the state it was in, Famecast shall have the Venue cleaned at Client’s expense, deducting the cost thereof from Client’s security deposit.

All property belonging to Client, Client’s invitees, guests, agents and sub-contractors, shall be removed by the end of the rental period. All property remaining at the Venue or otherwise on the premises beyond the end of the rental agreement will be charged at the prevailing hourly rate. Should the Client need special consideration for the removal of property beyond the rental period, this can be arranged prior to the beginning of the Event for an additional fee. Famecast is not responsible for any property left behind by Client, Client’s guests, invitees, agents and sub-contractors.

Event Staff

Famecast will assign a Manager for Client’s Event. The Manager will be accessible throughout the Event. The Manager will ensure that the Venue and surrounding site are ready for the Event, and will meet with Client prior to the beginning of the Event. Client and Manager shall survey and document (through photographs and video) the condition of the Venue prior to Client setting up for the Event. The Manager will be accessible to Client at any time during the Event, and a contact number will be given to Client to reach the Manager if they are away from the Venue. The Manager will meet with you again to coordinate the ending of your Event. Client and Manager shall survey and document (through photographs and video) the condition of the Venue at the conclusion of the Event after clean up has been completed.

Force Majeure

The ability to execute this Agreement by either Party is subject to the Acts of God, including but not limited to hurricanes, flooding, earthquakes, fires, power outages, etc, as well as any government intervention, staff disputes and strikes, civil disorders, terrorism, or other emergencies. Should the event be canceled through a Force Majeure event, all fees paid by Client to Famecast will be returned to Client within thirty (30) days.

Limitation of Liability

Neither Party will be liable to the other, whether in contract, tort (including negligence) or otherwise, for any incidental, indirect, special, punitive, exemplary or consequential damages of any nature whatsoever arising out of, or otherwise relating to or in connection with, this Agreement, even if a Party has been advised of or has foreseen the possibility of such damages.

Publicity/Use of Name and Logo

Client shall not use the name of Famecast, any trade name, service mark, trademarks, acronym or logo of Famecast in any publicity releases, advertising or any other publication without Famecast’s prior written consent.

If Famecast offers Client a concessionary rental rate, Famecast shall be entitled, upon request, to one or both of the following: to be named as a sponsor of the Event and to have its logo and name prominently displayed on all Event-related promotional / publicity materials and at the Event (including on signs and on step and repeat banners).

Authorization

The person(s) signing the Agreement on behalf of the Parties each warrant that they are authorized to make agreements and to bind their principals to this Agreement.

Governing Law and Dispute Resolution

This Agreement is governed by, and shall be construed in accordance with, the laws of the State of California.

In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then all disputes, claims, questions, or differences shall be settled in any court of competent jurisdiction in the County of Los Angeles, California.

Attachment I

Venue Rental Agreement

Event Details

Name of Client:

Type of Event:

Date of Event:

Time of Event: to (includes set-up & tear down time)

Event must end at 11:59pm

Equipment Request (circle and complete as appropriate)

Audio Visual System:

LED Video Wall:

TVs:

Chairs (#)

Tables (#)

Others (Please specify):

Rental:

__________	Venue Rental
__________	Additional Hours, Special Arrangement/Use Fees

__________	Total Event Cost
__________	Deposit Due (25% of Total Event Cost)
	Security Deposit Due (25% of Total Event Cost)

Rental Rates Table (rental fees are for a minimum of 4-hours rental)

Room

Nonprofits

For-Profits

Security Deposit

Fee

Premises

$1,500 – 4 hours +

$375 x ______ additional hrs

$2,500 – 4 hours +

$625 x _____ additional hrs

Total Room Rental Fees

Setup and Staffing Rates Table

Room Set-up Fees	1-20 People	21-99 people	100+ people
Minimal Set-Up	$100	$200	$300
Substantial Set-Up	$200	$400	$600
Staffing Fee	Hourly Rate	Hours Needed	Total Fee
Audio Visual Technician	$75
Childcare Attendant	$50
Kitchen Attendant	$50
Event Attendant Host/Hostess	$50
Custodial Attendant	$50
Security Guard	$75
	Total Set-Up/Staffing Rental Fees