BANQUET HALL USE AND RENTAL AGREEMENT THIS AGREEMENT is made this ______ day of ________________, 20_____, by and between ___________________________ (hereinafter referred to as “Renter”), whose address is ________________________________________________ and THE EMALINE BALLROOM, INC., (hereinafter “Emaline Ballroom”). Renter shall rent from Emaline Ballroom the Premises located at 616 SW 3rd Street, Lee’s Summit, Missouri (hereinafter “Banquet Hall” or “the Premises”) on _____________, 20_____, in its present condition under the following terms: Please read carefully to fully understand your responsibilities. 1. Damage Deposit. A damage deposit of $500.00 (hereinafter “Damage Deposit”) shall be collected from the Renter secured as a charge to a major credit card (due at time of signing). Such charge will not be processed until after the event following Emaline Ballroom’s confirmation of damage. After event, Emaline Ballroom shall apply deposit against payment for any damages and any other charges incurred, and net amount shall be due and payable to Emaline Ballroom by Renter, or any unused portion of deposit shall be returned to Renter after, and if, all conditions outlined in this agreement, including “Additional Conditions” section are fulfilled by the Renter, to the Emaline Ballroom’s satisfaction. The Damage Deposit shall be secured and subjected as a charge to a major credit card. Damage Deposit shall be returned to Renter following the Emaline Ballroom’s confirmation that no damage has occurred to the Banquet Hall premises, and surrounding property. 2. Rental Rate. The Rental Rate shall be determined upon completion of the attached “Pricing Schedule” and such amounts shall be entered below: Rental Rate $________ Damage Deposit (Returned to Renter if no damage to premises) $500.00 $________ Credit Card (required): MC VISA AMEX DISCOVER ______________________________ Expires_____________ V-Code __________ Zip Code_____________ Signature__________________________________________ TOTAL DUE AT THE SIGNING OF THIS AGREEMENT $________ Total of all deposits, 1/2 the Rental Rate for the date secured, plus any payments known at this time required by other vendors. BALANCE DUE ON OR BEFORE ______________ $________ Balance of Rental Rate for date secured and all payments due other vendors due 30 days prior to event date. Failure to make payment will constitute default of this Agreement A separate check for one-half (½) of the Rental Rate plus any known fees of additional vendors secured by Emaline Ballroom shall be due at the time of signing to hold the date for the event, and shall be deposited in the Banquet Hall account. The balance due for payment of the room and any vendors secured by the Emaline Ballroom shall be due 30 days prior to the event, and is non-refundable (unless the vendors refund any part of the payment). The Refund policy for cancellations is as follows: At least 30 days before the event: If Emaline Ballroom can re-book the date, then the Rental Rate and all deposits will be refunded, less a 20% service charge. If not, then the entire amount is non-refundable. Less than 30 days before the event: Non-Refundable 3. Term of Event. The term shall be from ________ am/pm to ________ am/pm, on _________________, 20______ (hereinafter, "Usage Term"). ALL EVENTS MUST END NO LATER THAN 12:00 MIDNIGHT. ALL VENDORS SECURED BY RENTER SHALL VACATE BY 12:30 A.M. 4. Renter Responsibility. (a) Renter agrees to be completely responsible for any and all damages which may occur, either as the result of accidents or intentional acts of Renter, guests, and/or vendors secured by the Renter or Emaline Ballroom. (b) Renter warrants that he/she shall remain ON THE BANQUET HALL PREMISES AT ALL TIMES during the Usage Term. (c) Renter shall provide to Emaline Ballroom certificates of insurance and bonding for any vendor secured by Renter prior to event. 5. Alcohol Use. (a) BY LAW, NO ONE UNDER 21 MAY CONSUME OR TASTE ALCOHOLIC BEVERAGES. Renter agrees and warrants that there shall be NO CONSUMPTION OF ALCOHOL BY PERSONS UNDER AGE 21. Further, Renter shall monitor all service, if any, of alcohol and specifically acknowledges that Renter is solely liable for the consumption of any alcohol by any person on the Premises and that such liability shall extend to any aspect regarding the consumption of alcohol. (b) Emaline Ballroom may ask guests for identification to verify age. Emaline Ballroom reserves the right to ask the entire party to leave if (1) a minor is consuming alcohol; (2) an adult is providing alcohol to a minor; or (3) a guest or guests appears intoxicated and refuses to leave the Premises. (c) Only caterers or approved persons holding the appropriate liquor licenses and permits will be authorized to dispense alcohol, and only from the bar area or approved mobile bar unit. (d) Renter shall indemnify and hold Emaline Ballroom harmless from all liability for improper use of alcohol. 6. Compliance. Renter agrees to comply with the additional rules entitled "Additional Conditions," concerning the use of the Banquet Hall which may be attached hereto and made a part of this Agreement. 7. Indemnity. Renter covenants at all times to hold harmless Emaline Ballroom and its agents from and against all loss, liability, cost or damages that may occur or be claimed with respect to any person or persons, corporation, property or chattels, on or about the Banquet Hall, or to the property itself resulting from any act done, or omission by or through the Renter, its agents, contractors, employees, invitees, or any person on the Premises by reason of the Renter's use or occupancy or resulting from Renter's non-use, or possession of said property and any and all loss, costs, liability, or expense resulting therefrom; and at all times to maintain said Banquet Hall Premises and the surrounding property, in a safe and careful manner. 8. Access to Banquet Hall. All events are on a "first-come first-served" basis. An evening event booked after an afternoon event may be required to have a later start time. Set-up shall be included in booking time, unless other arrangements are made in writing directly with Emaline Ballroom. All Renters, guests, caterers, musicians and vendors shall be out of the Banquet Hall one-half (1/2) hour after the event's scheduled ending time, unless prior arrangements have been made. A charge of $100.00 per hour, or portion thereof, shall apply for each hour the Banquet Hall is not cleared after an event. 9. Miscellaneous. Renter will supply and use reasonable and adequate table coverings during the event. Linens will be secured through Emaline Ballroom or from an outside vendor. If an outside vendor is used, linens must be at Emaline Ballroom at least two (2) hours prior to scheduled start time. 10. Cleanup. Clean up of Banquet Hall will be completed no later than one-half (1/2) hour after the end of the scheduled time. Renter shall adhere to the following instructions for clean-up of the facility: (a) Banquet Room. Table trash, cups, plates, plasticware, cake, food, decorations, etc. will be gathered and placed in proper receptacles. All cups will be emptied into the sinks before being placed in the trash receptacles. (b) Restrooms. Trash will be picked up from the bathroom floors. (c) Outdoors/Deck. Trash will be picked up outside the building. Cigarette butts, cups, miscellaneous items left outside and on the deck area shall be disposed of in proper receptacles (not in planters or flower beds). 1. Kitchen/Bar Area. The kitchen is to be left as it is found. Wipe out sinks, wipe counters/tables/stovetop clean, clean bar equipment, remove remaining bottles, cans, kegs, etc. from the site. Floors in the kitchen/bar area are to be left clean. Any necessary clean-up by Emaline Ballroom of any items (a) through (d) will be charged and withheld from the deposit. Emaline Ballroom will dispose of the bags of trash and will sweep the carpet for the next event. 11. Decorations. Renter agrees that decorations shall NOT be attached to the walls, ceilings, existing wall decorations, woodwork, ceiling fixtures, window treatments, by use of nails, scotch tape, staples, etc. Other decorating restrictions apply, as described in the attached "Additional Conditions." 12. Use of Kitchen. The kitchen is a "warming or staging" kitchen only and shall not be used for full preparation of meals for guests. Caterers or serving personnel may use stove/oven, the refrigerator, ice machine, ice totes, beer keg dispenser, deep well cooler, cocktail units, stainless steel tables/countertops for service at the event and with permission from Banquet Hall personnel. At no time may caterers use any serving utensils, food, beverages, containers or any other equipment found in-house. The kitchen shall be left in the condition it was found. Food shall be scraped into the disposal, dishes rinsed, and the sink and floor shall be clean. Failure to do so shall result in cleaning charges deducted from Renter's damage deposit. 13. Use of Deck Area. The deck area is available for use with the room, weather permitting. Smoking is permitted on the deck. Renter is requested to ensure that guests observe the city noise ordinance. Renter is responsible for disposing of cigarette butts in the proper receptacles (not planters or flower beds). Renter shall use no nails or staples on the deck; plastic wire ties are acceptable, but must also be disposed of at the end of the event. Any necessary clean-up by Emaline Ballroom will be charged from the deposit. 14. Use of PA System. A PA or electronic amplification system is available for use during your event. DJ's and bands or other entertainers are NOT allowed to use this system. This system may be used for background/dinner music, playing of audio for a program, announcements, toasts, etc. Renter will be responsible for damage to system, speakers or any component from misuse or abuse of the system by the Renter or a guest. PA use will be supervised by Emaline Ballroom personnel. 15. Caterers. Emaline Ballroom has compiled an approved list of caterers for your use. If a caterer is preferred who is not on the approved list, consent may be obtained for use of the caterer following written notification to Emaline Ballroom, by providing the appropriate certificate of insurance, and by reviewing and adhering to the provisions in this Agreement that pertain to caterers/outside vendors. 16. Conduct of Event. For the duration of the event, the Renter and its guests must abide by the Emaline Ballroom policies and comply with applicable regulations and laws. Renter is responsible for the actions of guests and for any damages or losses incurred during the event. Emaline Ballroom has the right to refuse entry or service to and remove from the premises any person it deems to be behaving in an improper or abusive manner or in a manner not befitting The Emaline Ballroom. Emaline Ballroom reserves the right to exclude or remove any undesirable persons from the event and premises without liability. 17. Changes. Changes to approved items seven (7) days or less prior to the scheduled event shall be charged as the vendors charges, plus an additional 25% rush charge. Such changes would include, but are not limited to, linen colors or styles, menus and entertainment. If attendance exceeds the predetermined estimate, charges will be assessed accordingly. Under no circumstances can the guest count exceed 300 guests. 18. Governing Law. The parties agree that any dispute shall be subject to the laws of the State of Missouri, and that any legal action shall be brought in Jackson County, Missouri. 19. Entire Agreement. The parties agree that all of the terms and conditions are contained herein and that any modification shall be in writing. The parties hereto have set their hands on the day and year first above written. EXECUTED IN DUPLICATE. THE EMALINE BALLROOM, INC. RENTER: ____________________________________ ______________________________ Printed Name: ________________________ Title: _______________________________ ______________________________ ADDITIONAL CONDITIONS 1 The Emaline Ballroom facility is rented as is. Alterations to the facility are not permitted: pictures, trophies, lamps, furniture, and other day-to-day decorative accessories may not be relocated or removed from the Premises. __________ Renter Initials 2 No nails, staples, screws, pins, tape or adhesives of any kind may be put into walls, ceilings or floors. __________ Renter Initials 3 No adhesive tapes including scotch, masking, and duct tape may be placed on any surfaces. __________ Renter Initials 4 There will be no candles of any kind on tables. Candles may be used only on buffet tables by caterers, but only when the table/candles are under their direct supervision. __________ Renter Initials 5 No rice, confetti, birdseed, or other unapproved "celebration materials" shall be allowed inside or outside the facility. Please check with Emaline Ballroom if a certain material is unapproved. __________ Renter Initials 6 No punch with red dyes or red soft drinks allows. All other colored beverages will need prior approval by Emaline Ballroom. __________ Renter Initials 7 Set-up shall be part of the scheduled time unless previous arrangements are made. __________ Renter Initials 8 D.J.'s/musicians must be finished by 12:00 midnight. This allows time to dismantle their equipment and be out by 12:30 a.m. A breach of contract occurs if the vendor is not out of the building by 12:30 a.m. D.J.'s may use a fog machine with prior approval. No dance wax or compound, or any substance, may be spread on the floor. __________ Renter Initials 9 All Renters, guests, caterers, musicians and vendors shall be out of the Banquet Hall one-half (1/2) hour after the event's scheduled ending time, unless prior arrangements have been made. A charge of $100.00 per hour, or a portion thereof, shall apply for each hour the Banquet Hall is not cleared after an event. __________ Renter Initials 10 Furniture arrangement must be approved by Emaline Ballroom prior to the event AND ALL FURNITURE MUST BE RETURNED TO ITS ORIGINAL PLACEMENT prior to leaving the Premises on the event date. __________ Renter Initials "Original Placement" shall be as follows: ___________________________________ ______________________________________________________________________ ______________________________________________________________________ (Labor charge will be assessed if facility is not returned as stated above.) __________ Renter Initials 11 A joint walk-through will be requested by Emaline Ballroom within 24 hours of the event if damage has occurred to the facility. If no damage has occurred, as determined by Emaline Ballroom, a walk-through will not be required. __________ Renter Initials 12 If damages to the facility prevent the next scheduled event(s) from occurring, Renter will be responsible for any and all refundable deposits that may be demanded by future Renter(s). __________ Renter Initials 13 If damage occurs, Emaline Ballroom will contract all repairs to be made by skilled professionals; charges for repairs will be deducted from Renter's damage deposit. In the event that repair costs exceed the amount of damage deposit, Renter will be responsible for the entire repair over and above the damage deposit. __________ Renter Initials 14 The Emaline Ballroom is a non-smoking facility. All smoking should be done outside of the building, and the cigarette butts disposed of properly. Renter is responsible for picking up cigarette butts in the front of the building, around front door area and deck area after event. __________ Renter Initials 15 Since rental is for the upstairs area of the Banquet Hall, use of the downstairs area of the Banquet Hall is prohibited. __________ Renter Initials 16 We at the Emaline Ballroom want your event to be memorable and as special as possible. We recognize that celebrations often include children and children will be children. We ask that parents be parents and supervise the children. Children should be kept from running, throwing food or other objects, standing in window boxes, on tables or chairs, hanging from or on doors. Children should at no time be allowed in the kitchen or bar areas, or outside if unsupervised. Emaline Ballroom shall not be responsible for injuries to unsupervised children. Renters shall be responsible for all damages incurred from children. __________ Renter Initials