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, intending to be legally bound, agree to the following terms and conditions in consideration of the mutual covenants set forth in this Agreement:

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 grants a limited, revocable license ("License") to use only the cooking classroom and adjoining event room ("Venue") within the Complete Wellness Arts & Science Center, located at 1515 Kensington Avenue, Buffalo, NY 14215 ("Premises")on the Rental Date between the Check-in Time and Check-out Time ("Rental Period") 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
   The Venue rental is authorized for the private event described above, and for no other purpose. Complete Wellness reserves the right to revoke the License if the Renter is found to misrepresent the event or falsify any information. Public events, events with admission fees, or events for individuals under the age of 23 are prohibited. The maximum occupancy is 48 attendees.
4. Advertising / Promotion Policy
   Renter, its affiliates, or any attendees are prohibited from advertising or promoting the event to the public. This includes any promotions on social media platforms, classified sites (e.g., Craigslist), or print materials (e.g., flyers, billboards). If Complete Wellness discovers such promotion, the License may be revoked, and the Renter will remain responsible for the full Rental Fee, along with any legal fees incurred by Complete Wellness as a result.
5. Security Deposit and Fees
   
   1. 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 on the invoice the rental will be canceled. Complete Wellness shall have no obligations under this Agreement until the Deposit Invoice is paid in full. The Deposit is transferable to an alternate date based on availability and requires a minimum of six (6) weeks' notice.
   2. Retention and Use of Deposit
      Complete Wellness may retain all or a portion of the Deposit or seek additional damages exceeding the Deposit. The Deposit will be used by Complete Wellness to cover any costs and expenses incurred as a result of Renter's use of the 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 removal 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. Late check-in or check-out, as outlined below;
      4. Unsupervised attendees 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. Any actions by the Renter and/or attendees deemed inappropriate by Complete Wellness, or violations of this Agreement.
   3. Late Fees
      If the Renter fails to check in or check out within 15 minutes of the scheduled Check-in or Check-out Time, a $20 late fee will be deducted from the Deposit for each quarter-hour. The late fee will apply at the beginning of each quarter-hour period, following a 15-minute grace period after the scheduled Check-in or Check-out Time.
   4. Disturbances and Expulsion
      In the event of disturbances that result in the expulsion of the Renter or attendees, no portion of the Rental Fee or Deposit will be refunded.
   5. Refund of Deposit
      Complete Wellness will determine the amount to be refunded to the Renter. The refund will be initiated to the original payment method within six (6) business days after the Rental Date or when all accounts are settled, whichever is later. If requested, an itemized invoice of the charges will be provided to the Renter. Renter will be responsible for any remaining balances due to Complete Wellness, which must be paid within five (5) business 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
   The Renter will be liable for any physical damages, missing property, legal actions, and any loss of reputation or business opportunities that Complete Wellness incurs as a result of the actions of the Renter or any of the attendees during the Rental Period. 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
   The Renter is responsible for maintaining the Venue and adjacent areas in a clean condition, similar to how they were prior to use, except for typical light cleaning. The Renter must bag and dispose of all garbage in the designated dumpster, including any waste from attendees in the hallways and parking lot. Renter shall remove all personal property belonging to Renter and attendees 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 attendees 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—such as, but not limited to, natural disasters, severe weather, travel bans, pandemics, government actions, civil unrest, terrorism, power failures, labor shortages, or fires—Renter may choose an alternate date ("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. Attendees 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 attendees. Conduct deemed disorderly at the sole discretion of Complete Wellness agents 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 arranging and returning tables and chairs to their original locations before check-out. Tables and chairs cannot be removed from Venue rooms.
    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. Cleaning supplies are available under the sink in both the 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, significant cleaning, and may also include removal of leftover decorations.
    10. All garbage must be bagged and disposed of in the dumpster including garbage from attendees 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.