Indian Cultural Center Rental Agreement This document (hereinafter “Agreement”) shall serve as the final and complete understanding between Indian Cultural Center (hereinafter “ICC”) and [your name] (hereinafter “Renter”) for the purposes of renting ICC parking lot, banquet facility and/or meeting room space (“Facility”) at the ICC as set forth in full detail below. The Parties agree that this Agreement contains the entire understanding between them and that there are no other oral or written promises, inducements, representations, warranties, covenants, undertakings, or agreements whatsoever between them except as contained herein. DEFINITIONS • PARTIES: Refers collectively to ICC and the undersigned Renter(s). • FACILITIES: Refers to the Indian Cultural Center located at 820 Route 73 South, Marlton, NJ 08053. • RENTAL PERIOD: Refers to the time period agreed upon by the Parties during which the Renter will have access to the facilities. “Rental Period” is inclusive of all time needed by Renter for preparation and cleaning up. Rental Period is specified in Appendix A. • RENTAL CHARGE: Refers to the amount that Renter will be charged, as listed in Appendix A, for use and enjoyment of the Designated Area during the Rental Period. In addition to amount listed under Rental Charge and Appendix A, Renter agrees to be liable for any applicable sales tax, service charge, add-on charges, and returned check fee of $25. • DESIGNATED AREA: Refers to the area/room/facilities of the Cultural Center agreed upon by the Parties and listed in Appendix A that the Renter will have the right to exclusive use and enjoyment during the Rental Period. • ROADWAYS: Refers to the two-lane roadway that provides access to the property located at 820 Route 73 South, Marlton, NJ 08053 and which runs perpendicular to Route 73 South. • OUTDOOR AREAS: Refers to all open land under the administration of the ITA-CC surrounding the property located at 820 Route 73 South, Marlton, NJ 08053. • FOR PROFIT or FUND RAISING EVENT (including Non-profit organization) RENTERS: Renters who collect fees, sell tickets, or otherwise charge their invitees for the purpose of either generating profit or for the purpose of fundraising activities. • VISIBLY INTOXICATED: A state of intoxication accompanied by a perceptible act or series of acts which present clear signs of intoxication. • MEMBERS: Members are defined as donors, which are in good standing of the ICC membership as defined by ICC By-laws. Terms & Conditions NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, ITA-CC and Renter, collectively referred to as “the Parties”, intend to be legally bound by this Rental Agreement and the provisions as follow: • FACILITIES: During the Rental Period, defined in full detail above, the Renter will have the exclusive use and enjoyment of the Designated Area, defined in full detail above, within the Indian Cultural Center located at 820 Route 73 South, Marlton, NJ 08053. • RENTAL CHAIRS, TABLES, & OTHER EQUIPMENT: Renter’s use of ICC’s chairs, tables, kitchen equipment, and other equipment outlined in Appendix A. • MAXIMUM CAPACITY: Renter acknowledges the maximum capacity of the designated area it is renting (See Appendix A). Renter agrees not to intentionally, knowingly, recklessly, or negligently allow into the Designated Area persons beyond the listed maximum capacity. • MAXIMUM ATTENDEE: Renter acknowledges the maximum attendee of the designated area it is renting (See Appendix A). Renter agrees not to intentionally, knowingly, recklessly, or negligently allow into the Designated Area persons beyond the listed maximum attendee agreed upon in this contract. The renter has also agreed to pay additional charges as per ICC requirements if the attendance is more than agreed upon persons in this contract. • CATERING: Renter understands and acknowledges that ICC does not provide catering services. For a fee, the ICC offers Renter the opportunity to use an outside catering company. In the event if the Renter is bringing outside catering company with ICC’s permission, the renter must provide catering company’s liability Insurance coverage. The outside catering Company must have a Liability Coverage Policy of in the amount of [$1,000,000]and list the Indian Cultural Center as the Additional Insured and Certificate Holder for the day of rental. The Renter must present proof of coverage at least seven (7) days before the event. • USE OF KITCHEN: The kitchen is provided solely for the PREPARATION, STAGING, AND WARMING of food supplied by the Renter’s caterer. COOKING IS NOT PERMITTED in the kitchen or anywhere on the premises. Renter agrees that neither Renter nor its guests, caterers, vendors, or agents will use the kitchen or its equipment for any cooking purpose. Renter agrees to return the kitchen to the pre-rental condition after use. Specifically, Renter agrees to clean all countertops, floors, sinks, refrigerators, ovens, stoves, and areas surrounding the kitchen. Renter’s responsibility extends to all circumstances including situations where Renter has hired outside staff, vendors or catering services to oversee the management and cleaning of the kitchen to pre-rental condition. • RENTAL CHARGES: • RENTAL HOLD/SECURITY DEPOSIT: All Renters must provide a non-refundable rental deposit to reserve any Designated Area of ICC for the Rental period, as denoted in Appendix A. Non-Members must provide an additional $500 refundable security deposit at the time of reservation. The deposit may be used to offset the first $500 in overage charges and/or damages. • RENTAL PAYMENT: 50% of the total charge is due ninety (90) days prior to the Rental Period. The remaining balance is due at least thirty (30) days prior to the Rental Period. • RENTAL CHARGE: Parties have agreed to rental charge for the Designated Area for the Rental Period specified in Appendix A Renter must get permission from the ICC manager to exceed the Rental Period. Renter understands that for each 30 minutes the Renter exceeds the Rental Period, they must pay a fee of 5% of this agreed upon contract value. The Renter is also responsible for any additional costs, fines or charges incurred by the ICC as a result of the Renter exceeding the Rental Period. • RENTAL PAYMENT Payments can be made via check. Returned checks will result in fee of $25.00. • DAMAGE: The Renter agrees to be held responsible and will pay, upon demand by ICC or its insurance carrier, for any and all damages caused to any part of the facilities located at 820 Route 73 South, Marlton, NJ 08053 by Renter or its guests, invitees, licensees, contractors, and/or agents. • DISCLAIMER • INDEMNITY: The Renter shall indemnify, defend, and hold harmless ICC and its officers, members, and employees against any and all demands, claims, causes of actions, or lawsuits brought forth by the Renter, its members, agents, employees, subcontractors, patrons, guests, business invitees, or other persons related to the Renter’s use of the designated area. • ASSUMPTION OF RISK AND GENERAL RELEASE: Renter, on behalf of Renter and all invitees and other persons attending the event or otherwise present in, on, or about the Facility, acknowledges that there are certain risks associated with holding the event at the Facility, including the risk of property damage, personal injury, disability, death, or other loss of any kind or nature — including risks caused by or resulting from the intentional or negligent acts or omissions (whether active or passive) of ICC's officers, directors, members, employees, staff members, volunteers, representatives, or agents, or of other attendees or individuals present at the Facility. Renter voluntarily and willingly assumes sole and complete responsibility for all such risks, and hereby forever releases, waives, discharges, covenants not to sue, holds harmless, and indemnifies ICC and its officers, directors, members, employees, staff members, volunteers, representatives, agents, departments, and divisions (each a "Releasee") from and in connection with any property damage, personal injury, disability, death, or loss of any kind or nature which any attendee or other person present at the event or in, on, or about the Facility may suffer, directly or indirectly, arising from or in connection with such person's presence at the event or at the Facility, whether or not such loss is caused by the intentional or negligent act or omission of any Releasee. Renter understands that by agreeing to this Agreement, Renter is forfeiting valuable legal rights, including the right to recover damages from ICC. • ITEMS LOST, STOLEN, LEFT BEHIND: ICC is not responsible for damage to, loss of, or theft of any items left on the premises prior to, during, or following the Rental Period. • UNFORESEEN CIRCUMSTANCES: In the event any of the facilities are damaged, destroyed, rendered broken, or cannot be used because of a casualty, an unforeseen occurrence, an act of nature/God, or actions outside the control of ICC that renders ICC’s duties under this Agreement impossible, this Agreement shall terminate and the Renter will be refunded the Rental Deposit & any other charges already paid to ICC.ICC will not be held liable for any damages incurred by Renter due to such events. • CANCELLATION: If a Rental (The Renter’s event) is canceled more than 91 prior to the Rental Period, ICC will refund all payments except the Non-Refundable Deposit. If a Rental is cancelled between 30 and 90 days prior to the Rental Period, ICC will retain the 50% of Rental Charges and Non-Refundable Deposit, but refund any additional Rental Charges paid and Security Deposit. If cancellation occurs within thirty (30) days of the event date, ICC will retain the 100% of Rental Charges and Non-Refundable Deposit, but Security Deposit. Additionally, if Rental Charge payments are not made in accordance with 2.3 listed above, ICC reserves the right to cancel this agreement and the reservation. • COMPLIANCE WITH LAWS: The Renter agrees to comply with all applicable local, state, and federal laws and regulations and agrees not to use or occupy the designated area for any unlawful purpose or permit its members, agents, employees, subcontractors, patrons, guests, business invitees, or other persons related to the Renter’s use of the designated area to do so. • ALCOHOL: Renter acknowledges the ICC does not have a permit through the State of New Jersey to serve alcohol on the premises. To serve alcohol, Renter needs to provide proof of alcohol related liability insurance coverage, listing Indian Cultural Center as the Additional Insured and Certificate Holder for the day of rental at least thirty (30) days before the event. Renter further agrees to prohibit serving of alcoholic beverages to visibly intoxicated individuals. Renter agrees that, only bartender served alcoholic beverages are permitted and no alcoholic beverages are to be consumed on premises unless served by bar tender. Renter agrees to use ICC provided bartender. Renter agrees to close bar one (1) hour prior to close of the event. • FOR PROFIT or FUND RAISING EVENT (including Non-profit organization) RENTERS: The renter in this category who serve alcohol agree to provide ICC with proof of liability insurance. The Renter further agree to hire the services of a licensed alcoholic beverage server in compliance with the New Jersey Dram Shop Act and acknowledge such a server will not be provided by ICC. • ASSIGNMENT: This Agreement shall not be assigned or transferred to any person or party without the express written consent of ICC. • FORFEITURE:ICC reserves right to close this rental event if the Renter or any of his invited guest does not follows this rental agreement, specifically but not limited to Maximum Attendance, Alcohol, Maximum Capacity andRental Period extension. The Renter agrees that if the event is closed by ICC due to violation of this Rental Agreement, all Rental Charges will be forfeited by the Renter. • MODIFICATION: This Agreement shall not be modified or amended except through an express written agreement signed by the Parties. • GOVERNING LAW: This Agreement shall be governed by the laws of the State of New Jersey. The Parties agree that if any provision of this Agreement is held invalid or unenforceable, all other provisions shall nevertheless, continue in full force and effect. • BINDING EFFECT: This Agreement shall be binding upon the Parties who have signed below. • REPRESENTATIVES: A representative signing on behalf of a corporation, charity, association, group, or any other entity certifies, by signing below, that he/she is duly authorized by the entity he/she is representing to enter into this agreement and to bind the entity to this agreement’s terms.