Use of Space Agreement
1. USE – This is a non-smoking facility. In case of noncompliance, Host agrees to be responsible for additional charges or penalties from law enforcement. Management can bring the event to an abrupt end if compliance is not met & loss of all deposits will apply. Host shall keep the facility in a clean and orderly condition and shall conduct activates in a mindful and safe manner. Host shall not use the facility in any manner violating any law. Host shall not maintain, permit or suffer any nuisance to occur or exist. Host shall not assign, or transfer this agreement in whole or part to another party without the prior written consent of Management. Management reserves the right to inspect and delegate all special events. The Host will be responsible for any damages to the building, property, equipment, decor, and fixtures lost or damaged during their event. MANAGEMENT HAS THE RIGHT TO CHARGE FEES ACCORDINGLY TO COVER DAMAGES. The use of portable stoves, sprinkler candles, confetti, or rice is forbidden and Host will hold the Management harmless from any injury or damages occurring due to such use as Host agrees to be held liable. Host shall not use any type of nails, glue, or heavy tape on the walls of the facility. Management can charge fees for each infraction causing damage.
2. LIABILITY - Regardless of whether or not, separate, several, joint or concurrent liability may be imposed upon Management, Host shall indemnify and hold harmless Management from and against all damages, claims and liability arising from or connected with Host’s use of the facility, including without limitation, any damage or injury to the Host or their guests incurred by misuse of any equipment, improper use, or maintenance of the space. These indemnifications shall not include any matter for which the Management is effectively protected against by insurance. If Management shall, without fault, become a party to litigation commenced by or against Host, then Host shall indemnify and hold Management harmless. The indemnification provided by this Section should include Management’s legal costs and fees in connection with any such claim, action or proceeding. Host does hereby release Management from all liability for any accident, damage or injury caused to a Host’s guest or property on or about the facility, whether due to negligence on the part of Management and notwithstanding whether such acts or omission be active or passive. Management and Host do each hereby release the other from all liability for any guest’s accident or other damages, and only if this release shall not adversely affect the right of the injured guest to recover under insurance policy. It is responsibility of Host to obtain their own liability insurance coverage in the event of any mishaps with their occasion. The Management will not be responsible for articles lost, stolen, or forgotten during the course, or after an event, and will be held harmless. Management is held harmless of any equipment rentals, food, or beverages brought into the facility during or after an event by Host. Those items must come from a certified and insured vendor.
3. DEPOSIT - Half (50%) of the base package, as an initial deposit payment, is required to privately reserve the space. The remaining balance due will be paid by cash, or e-transfer 14 days prior to the date of the event. FAILURE TO PAY AS AGREED WILL RESULT IN A $10 PER DAY LATE PAYMENT FEE. Host shall pay all taxes where applicable. In the event Host cancels or otherwise breaches the provisions of this agreement; the Management for damages shall retain all payments received. Event dates can be changed at NO ADDITIONAL CHARGE, as long as 30 DAYS PRIOR NOTICE to the original scheduled date is given. Management will then credit payments towards a future event date within 60 DAYS, ONE TIME ONLY; otherwise all payments will be forfeited. Failure to request a date change without said notice will constitute in a onetime $100 re-booking fee. In the unforeseen circumstance that an occurrence of an "Act of God" or "Force Majeure" should happen, external of the controls of Class Resto Lounge, the Host will be required to reschedule their event when the issue has passed at a date when it would once again be possible to move forward with an event. All deposits would then be transferred to the new date.
4. ALCOHOL - If alcohol is to be made available by host, a Special Occasion Permit (SOP) MUST BE OBTAINED before the date of the event. OTHERWISE ALCOHOL WILL NOT BE PERMITTED. Whenever a permit is required it will be obtained on the behalf of the Host at the expense of the Host. Management will not be held responsible for Hosts’ failure to inform Management of their intent to serve or sell alcohol without permits. Host agrees to be responsible for liability claims, fines, or prosecution from their guests. Host will solely bare the penalty for their actions if they had failed to obtain required SOP permits. Host agrees, No MINORS are allowed in the bar service area when alcohol is present, nor are allowed to consume alcoholic beverages in accordance to law. Host is to ensure that all alcoholic beverages are to be consumed only inside the facility, and areas approved by Special Occasion Permit (SOP); with consent of management. It is Host’s responsibility to ensure they are not serving minors alcohol. Host must ensure that their guests do not bring in their own alcoholic beverages which are not purchased with the Host’s SOP. The Host agrees to be liable for failure to prevent this. If illegal alcohol is discovered at Host’s special event, the event will be brought to an abrupt end, and loss of all deposits will apply.
5. SERVICE - Please notify us changes, room set-up and equipment requirements at least two (2) weeks prior to your event, exact number of people you expect to attend. The Management will in good faith provide all items and services agreed upon, but reserves the right to make substitution with a similar item or service for any item or service that is not readily available. If management has to intervene to control an event, additional charges or loss of security deposit will apply.
6. SECURITY – If required, certified security personnel must be hired to secure the Host’s event at the expense of the Host. Management will make a referral provision in such case. Collection of said payment must be secured 2 weeks in advance. If it is determined during an event that the Host’s event is of considerable liability risk, either Host’s security deposit will be forfeited, and applied to cover the costs of securing the event, or management reserves the right to bring the event to an abrupt end if security is unobtainable. If Host is unwilling to pay for security, management at its sound discretion will cancel the event, and loss of all deposits will apply.
7. MODIFICATIONS - This agreement constitutes the entire agreement between Management and the Host. No oral modification thereof shall be valid or binding nor has any force or effect, only the terms within this agreement and invoiced receipts attached, shall be binding.
FULL RELEASE OF LIABILITY AND WAIVER
The Host, in consideration of being allowed to enter the facility and utilize inflatable equipment or to participate in any party, event, or program of Class Resto Lounge located at 1111 Barmac Drive, Toronto, Ontario, M9L 1X4, agrees to comply with all stated and customary terms, posted signs, rules, and verbal instructions. In addition, if the Host observes any hazard during their participation, the Host will bring it to the attention of a Class Resto Lounge’ staff or designate immediately.
The Host recognizes and understands that there are certain inherent risks associated to injury including, without limitation, scrapes, bruises, cuts, and even more serious injuries, such as paralysis or death. Host fully accepts and agrees to assume all of these risks (including risks arising from the negligence of other participants), and assumes full responsibility for personal injury to their person and the attending minors or guest(s) and Host’s respective heirs, assigns, administrators, personal representatives, and next of kin, waive, release and discharge Class Resto Lounge & its affiliates, officers, members, agents, employees, other participants, and sponsoring agencies for injury, loss or damage arising out of or related to our participation in any and all of Class Resto Lounge's programs, activities, parties, and/or the use of the facilities of Class Resto Lounge's. This waiver and release shall be binding and apply to all risks, known and unknown, even if resulting from negligent actions of other guests or employees of Class Resto Lounge. "Rules of Play" include and are not limited to (a) Socks must be worn; no bare feet (b) Minors must be supervised at all times.
The Host represents that they have obtained the permission of the parent or legal guardian of the minor(s) participating, and thus executes this agreement on their behalf. The Host further represents that the participants are healthy and physically able to participate in all activities. The Host consents to the reproduction, use, and distribution of pictures or videos for the purpose of promotion and advertising to be used by Class Resto Lounge in electronic, print, or Internet media.
Thank you for your co-operation!