Private Party Venue Rental Agreement

THIS VENUE RENTAL AGREEMENT ("Agreement") made by and between 1515 Kensington, LLC dba Complete Wellness Arts & Science Center (hereafter referred to as "Complete Wellness"), with an address of 1515 Kensington Ave., Buffalo, NY 14215 and the person listed below as the renter (hereafter referred to as "Renter") collectively, the "Parties."
The Parties hereto, intending to be legally bound, and in consideration of the mutual covenants hereinafter contained, agree as follows:

1. Renter and Rental Information
   Renter:
   Renter Address:
   Renter Phone:
   Event:
   Rental Date:
   Check-in Time:
   Check-out Time:
   Rental Fee:
   Rental Fee Due Date:
   
2. Venue Rental
   Complete Wellness hereby grants a limited and revocable license ("License") to Renter to use only the cooking classroom and adjoining event room ("Venue") in the Complete Wellness Arts & Science Center building located at 1515 Kensington Avenue, Buffalo, NY 14215 ("Premises")on the Rental Date between the Check-in Time and Check-out Time specified in Section 1 of this Agreement. Use of the cooking classroom includes one refrigerator, 12 counter-side chairs, and five tall 3' x 3' square tables with 20 tall chairs. The event room includes 48 chairs and eight 6' banquet tables with black tablecloths.
3. Private Event / Capacity
   Renter is authorized to use the Venue to hold the approved private Event listed above, and for no other purpose. Complete Wellness will revoke a License at any time prior to, or during the Event if the applicant or Renter has been found to misrepresent the reason for use or if he/she falsifies an application. Events open to the public, events charging an admission fee, any type of fee, or conducting a "game of chance" (e.g., 50/50, (un)organized gambling), and events for persons under age 23 are all prohibited. All guests shall be issued a personal invitation, not to exceed 48 people, the maximum occupancy of the Venue.
4. Advertising / Promotion Policy
   The Renter, applicant, or anyone else is not permitted to advertise or promote an Event in the Venue to the public. This includes promotion on any website, social networking site (e.g. Facebook, Twitter, Instagram, LinkedIn, or Snapchat) or any other web-based information site (e.g. Craigslist) as well as on any type of flyer, in any type of publication, on a billboard, roadside signs, at any type of school or any public place. Complete Wellness reserves the right to revoke a License upon knowledge that an internet-based promotional post or print advertisement has surfaced, even if, the person responsible for the posting removes it prior to Complete Wellness notifying the Renter and/or applicant of such activity. The Renter shall take full responsibility for the actions of their affiliates, guests or anyone else that may make such posts on the internet. The Renter shall be responsible to pay the full price of the scheduled rental and any attorney fees accrued by Complete Wellness regarding the revocation of the License.
5. Security Deposit
   Renter agrees to pay a refundable security deposit of $150.00 (One Hundred Fifty Dollars) ("Deposit") via an electronic invoice issued by email ("Deposit Invoice"). If the Deposit Invoice is not paid by the due date listed at the top of the invoice the rental will be canceled. Complete Wellness shall have no obligations under this Agreement until the Deposit Invoice is paid in full. Deposits are transferable to an alternate date based on availability and a minimum of 6 weeks notice.
   Complete Wellness may retain all or a portion of Deposit or have a right to further damages exceeding Deposit. The Deposit will be used by Complete Wellness to apply towards any costs and expenses incurred by Complete Wellness for damage, breakage, cleaning, trash removal, and any other expenses incurred by Complete Wellness as a result of Renter's use of Venue including but not limited to:
   1. Significant cleaning above and beyond normal use (a minimum $25.00 fee will be applied for spills, carpet soiling, excess trash, clogged toilets, and may also include take-down of leftover decorations, popping balloons, etc);
   2. The replacement of stained or damaged Venue Carpet Tiles (a $25.00 fee for each Carpet Tile requiring replacement will be assessed);
   3. If Renter is not checked in or out within 15 minutes of scheduled Check-in Time or Check-out Time (a $20.00 fee will apply for every 15 minute overage);
   4. Unsupervised guests causing false fire or security alarms (a minimum $25.00 fee will be applied for any false alarm);
   5. Damages, losses, or claims result from breaches of the hold harmless and indemnity agreement contained in this Agreement;
   6. And/or if Complete Wellness deems any action by the Renter and/or guests inappropriate or if any other violations of this Agreement occur. In the event of disturbances to the point of expulsion, no portion of the Rental Fee or Deposit will be refunded to Renter.
   Complete Wellness will determine the amount to be refunded to Renter and the refund will be initiated via PayPal back to original payment method within six business days of Event Date or when all accounts are settled, whichever is later, if there has been no violation of the Agreement by Renter. An invoice of the charges can be presented to the Renter if requested. Renter will be responsible for any balances due to Complete Wellness, payable in five (5) days.
6. Rental Fee
   In consideration for use of the Venue for the Event, Renter shall pay Complete Wellness the rental fee sum listed in the Deposit Invoice ("Rental Fee"), payable in full 6 weeks before Rental Date or the next business day if due date falls on a weekend or holiday as listed in the Deposit Invoice ("Rental Fee Due Date"). If Renter fails to pay Rental Fee by Rental Fee Due Date, Complete Wellness shall have the right to revoke License and to keep the full amount of the Deposit.
7. Liability
   Renter will be liable for any physical damages, missing property, legal actions, and/or loss of reputation or business opportunities that Complete Wellness may incur as a consequence of the actions of Renter or any of Renter's guests while Renter is in control of Venue. Further, Renter shall be responsible for trespassers or uninvited third parties during Event. Renter hereby agrees to be fully and solely responsible for any damage and costs exceeding the Security Deposit in any way relating to the Event and to reimburse Complete Wellness for such loss payable within 5 days upon the presentation of a bill for said damage and/or loss.
8. Cleaning
   Renter is responsible for maintaining the Venue and adjacent areas in as good clean condition as that in which they were immediately prior to Renter's use except for typical light cleaning. Renter will be responsible for bagging and disposing of all garbage in the dumpster including garbage from guests in hallways and parking lot. Renter shall remove all personal property belonging to Renter or its invitees at the end of Event. Complete Wellness and their agents are not responsible for any items brought to the facility. Renter hereby agrees to accept the property in its present state of cleanliness.
9. Disclaimers
   Venue shall be provided by Complete Wellness as-is and Complete Wellness makes no warranty regarding the suitability of Venue for Renter's intended use. Any amenities or supplies listed as available for Renter's use is not to be construed as promised nor quantities guaranteed. Complete Wellness will make every effort to provided listed amenities or supplies but does not guarantee delivery, condition or quantity.
10. Non-assignment of Rental Agreement
    Renter agrees neither to assign this Agreement nor to permit persons other than those associated with Renter's Event access to Venue as well as all other space located within Premises.
11. Compliance with Laws
    Renter shall obtain and maintain any necessary permits, licenses, or other forms of permission necessary to use Venue according to the permitted uses set forth in a lawful manner. Renter shall not use Venue in any manner that would violate any established local, state, or federal laws.
12. Alcohol and Smoking
    Alcoholic beverages may be consumed without a permit when there is no monetary exchange for the beverage. In the case of monetary exchange for alcohol, a licensed caterer is required.
    When alcohol consumption is allowed during Event, alcohol may not be served to minors or anyone appearing to be intoxicated. Renter agrees to assume all responsibility for ensuring that no one underage is served alcohol and that all guests 21 years of age and older who are served alcohol drink responsibly. Smoking is not allowed inside Premises. Cigarette disposal containers are available outside.
13. Right of Entry
    Complete Wellness shall have the right to access Venue for purposes of, but not exclusive of, repair, inspection of Premises, complaints from neighbors, etc.
14. Indemnification
    Renter agrees to hold Complete Wellness harmless and to indemnify Complete Wellness from any liability by reason of personal injury to any person and for property damage occurring on or about or connected with Premises or resulting from Renter's use thereof, including any acts or omissions on the part of Renter, its employees, officers, directors, independent contractors, or other agents. Renter shall notify Complete Wellness of any damage or injury of which it has knowledge in, to, or near Premises, regardless of the cause of such damage or injury. Renter hereby acknowledges this and agrees to make no such claims for any losses or damages against Complete Wellness.
15. Revocation
    Complete Wellness shall have the right to revoke the License at any time, provided it gives Renter notice of revocation either to the email submitted by Renter or if outside business hours with a call to the phone number submitted by Renter. In the event that Complete Wellness revokes License prior to Event for reasons other than nonpayment of fees or breach of this Agreement by Renter, Complete Wellness shall refund to Renter the full Deposit and Rental Fee, if paid. If Renter shall at any time be in default under the terms of this Agreement, Complete Wellness shall have the right to terminate this Agreement forthwith, whereupon Renter shall vacate the Premises immediately, and Renter shall have no right to receive any refund of any Deposit or Rental Fee hereunder.
16. Cancellation
    Renter must cancel their reservation by emailing venue@CompleteWellnessWNY.com before the Rental Fee Due Date to receive a refund of all payments, less a processing fee of Four Percent (4%) per payment. If the reservation is canceled on or after the Rental Fee Due Date the Renter shall receive a refund of the Deposit, however, the Rental Fee, if paid, will not be eligible for a refund. If the Rental Fee has not been paid by the Rental Fee Due Date the Deposit will not be eligible for a refund. Renter recognizes that the foregoing cancellation policy is not intended to be punitive, but, reflect Complete Wellness foregoing actual or potential business opportunities in reserving Venue for Renter and diminished ability to rent Venue within 6 weeks or less.
17. Force Majeure
    In the event that Complete Wellness is unable to make the Venue available to the Renter on the Rental Date due to circumstances beyond its control—including but not limited to natural disasters, severe weather, travel bans, pandemics, government actions, civil unrest, terrorism, power failures, labor shortages, or fires/explosions—the Renter may choose an alternate date (the "Alternate Rental Date") to hold the Event, subject to availability, at no additional charge. The Alternate Rental Date shall replace the Rental Date, and all obligations, rights, duties, and privileges outlined in this Agreement shall remain in effect. If the Parties cannot agree on an Alternate Rental Date, Complete Wellness will refund the full amount of the Rental Fee and Deposit. In no event shall Complete Wellness be liable for any additional costs or damages incurred by the Renter as a result of rescheduling or cancellation under this section.
18. Jurisdiction and Severability
    The Parties agree to jurisdiction, for all matters related to this Agreement, in the State of New York and further agree that the laws of the State of New York shall govern enforcement of its terms. The Parties further agree that if any part of this Agreement is deemed invalid and unenforceable, all other provisions hereunder shall remain in full force and effect. In the event that Complete Wellness must seek legal remedies to complete execution of this Agreement, Renter agrees to pay all reasonable attorney fees.
19. Entire Agreement
    This Agreement constitutes the entire agreement between the Parties, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
20. Instructions and Regulations
    Failure to comply with any of the following may result in partial or complete forfeiture of the Deposit and/or additional fees to be billed.
    1. License is restricted to Venue only. Guests are strictly prohibited from loitering in areas outside of Venue, including hallways and parking lot.
    2. Premises is located within a residential area and Complete Wellness strives to be a good neighbor. Renter is responsible for the conduct of all guests. Conduct deemed disorderly at the sole discretion of Complete Wellness shall be grounds for immediate expulsion from the Premises and conclusion of the rental period. In such cases no refund of the Rental Fee or Deposit shall be made.
    3. Renter must be at least 23 years of age and must be present during the event. Renter must ensure adequate supervision of minors with a minimum of two adults over age 23 for every minor under age 18.
    4. Renter is responsible for moving equipment, tables, and chairs and must return them to original locations before checking out, however, used chairs must not be stacked and tables should be left standing.
    5. No Glitter, Confetti, or any kind of Powder/Smoke is allowed. Use of these items will result in an additional cleaning fee and/or forfeiture of the Security Deposit. Candles are prohibited.
    6. The use of tape, staples, nails, and push pins on Premises walls is prohibited and will result in damage fees to be assessed at the sole discretion of Complete Wellness agents. Removable putty will be provided at Check-in Time if needed to hang decorations on walls. Nothing can be hung from ceilings. Putty must be removed from walls and returned at check-out.
    7. Renter may use Right Refrigerator. The Left Refrigerator is only for tenant/employee use. No other appliances or utensils may be used. Renter must bring serving utensils, paper plates and plasticware if needed.
    8. No stovetop or oven use is allowed.
    9. Renter is responsible for cleaning any spills. Cleaners can be found in under sink cabinets in Kitchen and Event Room. Renter must notify Complete Wellness agent at check-out if any spills occur. A minimum $25 fee will be applied for spills, carpet soiling, excess trash, clogged toilets, and may also include take-down of leftover decorations.
    10. All garbage must be bagged and disposed of in the dumpster including garbage from guests in hallways and parking lot. Extra garbage bags will be provided. Cardboard must be flattened and put in recycling bin behind dumpster. Balloons must be deflated.
    11. Renter must check out with Complete Wellness agent by Check-out Time. Music is prohibited after Check-out Time and Complete Wellness will shut off power in the event of noncompliance. The entire Deposit will be forfeit if Premises is not completely vacated an hour after scheduled Check-out Time.