Rental Request for the Stables Building

Rental Request for the Stables Building Taos Center for the Arts 133 Paseo del Pueblo Norte Taos, NM 87571 575-758-2052 Date: _____/______/______ Renter Name _____________________________________________________________________ Event ___________________________________________________________________________ Phone __________________________ Address _________________________________________ E-mail:___________________________________________________________________________ Dates of rental ____________________________________________________________________ Fee of rental $ ______________________ plus $50.00 cleaning deposit $______________________ Total amount due $ ___________________ Deposit amount $_____________________ due _______/_______/_______ Balance amount $_____________________ due _______/_______/_______ A cleaning deposit of $50.00 must also be paid before rental. The facility must be clean upon end of rental. The $50.00 may be refunded to the renter if TCA accepts the condition of facility. The Renter agrees not to inflict any damage on the building. The renter is responsible for patching and painting walls after an event and cleaning the space. Please dump all trash in the dumpster south of the auditorium. Do not use the dumpster at the end of the boardwalk, it belongs to CAFFE RENATO. If damage over $50.00 results from the renter00 use, and repair is necessary, the renter will be billed for damages. Taos Center for the Arts office staff uses the bathroom and the kitchen sink in the Stables Building during business hours, Monday through Friday, 9 a.m. to 5 p.m. and occasionally on the weekends. The back door of the Stables Building must be kept unlocked during TCA00 business hours, staff will let themselves in the back door with a key if needed on the weekends and will lock it when they are done. NEVER lock the latch lock on the door, only lock the deadbolt. The Taos Center for the Arts does not provide staff or security during the rental of the Stables Building. Renters are responsible for the building during their use. Renters are responsible for locking doors and securing the alarm upon leaving. If the renter does not use the alarm, the TCA is not responsible for any stolen or damaged items. The TCA will demonstrate how to arm the alarm. One key will be issued to the renter, if applicable. The key must be returned to the TCA office on the last day of rental or next business day. If not, the TCA will keep $10 of the cleaning deposit. No alcohol will be served on TCA premises until a special alcohol permit is issued to the renter by the State of New Mexico. A copy of this permit must be provided to the TCA prior to the event. Any event serving alcohol without this permit will be immediately terminated by TCA staff. Contact the TCA office with questions, 575-758-2052 or e-mail tca@taoscenterforthearts.org. _______________________ __/__/__ ________________________ __/__/__ Renter Date TCA Representative Date Stables Gallery/Carriage House Rental Contract Taos Center for the Arts 133 Paseo del Pueblo Norte Taos, NM 87571 This License Agreement (00greement00 is made effective ___/___/___ between the Taos Center for the Arts at 133 Paseo del Pueblo Norte, Taos, NM 87571 and (Renter00 Name) _______________________________________________________________at (Renter00 Address) ________________________________________________________________________________. In the Agreement, the party who is granting the right to use the licensed property will be referred to as the 00CA00 and the party who is receiving the right to use the licensed property will be referred to as the 00enter.00/font> The parties agree as follows: 1. Grant of License. The TCA owns the Stables Gallery and Carriage House (Stables Building) and the property it sits on. In accordance with this Agreement, TCA grants Renter a non-exclusive license to rent the Stables Building for the purpose of presenting________________________________________________________________________ which will take place _______________________________________________________________. 2. Engagement. The TCA will provide the use of the Stables Building, all or in part, for designated purposes, as agreed upon on the attached Stables Building Rental Request Form. Any changes to the usage or times must be requested to the TCA at least 7 days in advance. Renter shall use the Stables Building for the purpose of the described event and for uses normally incident to such use, and for no other purpose unless previously authorized by the TCA in writing. The TCA reserves the right to permit the use of the premises to other renters during the terms of this Agreement, provided that such uses do not interfere with the Renter00 use of the space, as determined by the TCA. 3. Personnel. The TCA will not provide any personnel. The TCA reserves the right to require security for any event if necessary. 4. Deposit/Refunds. A deposit of at least 50% of the Rental Fee is required at the signing of this agreement to guarantee booking. The deposit is applied to overall expenses. A $50.00 cleaning deposit is to be paid to the TCA at the booking. By providing written notice to the TCA, Renter may terminate this agreement. The deposit will be fully refunded given 30+ days written notice. A 50% refund of the deposit will be granted given 15-30 days notice. There are no refunds for cancellations at less than 15 days. Deposit $________ Date paid ____/____/____ Accepted by ________________ 5. Alcohol. If renter chooses to give away or sell alcohol they must obtain the proper permit and abide by the laws of the State of New Mexico. Please contact the New Mexico Alcohol & Game Department at 505-476-4875 to begin the process. Approval can take up to three months. Once renter has received the permit from the State, they must supply copies to the Taos Center for the Arts prior to rental. If alcohol approval is not granted and the renter serves or gives away alcohol, TCA staff has the right to interrupt the event and remove all alcohol. The event will be immediately shut down with no rental refund available. 6. Payment. Renter will pay a Rental Fee to the TCA for the use of the entire Stables Building, in the amount of $___________________________________. Renter agrees to pay the balance of the Rental Fee for use of the facility on the first day of rental. Any overtime, damages or extras incurred by renter are payable as indicated by Final Invoice provided by the TCA after the last day of the rental. 7. Insurance. The renter shall procure and maintain at its expense rental insurance in the kinds and amount hereinafter described with insurance companies authorized to do business in the State of New Mexico. No fewer than 10 (ten) days before the first scheduled use, the Renter shall furnish to the Office Manager of the TCA a certificate in a form satisfactory to the TCA showing that it has complied with this Section. All certificates of insurance shall provide that thirty (30) days written notice be given to the TCA before a policy is canceled, materially changed, or not renewed. Various types of required insurance may be written in one or more policies. The TCA shall be named an additional insured. All coverage00 afforded shall be primary with respect to operations provided. Kinds and Amounts of insurance required are as follows: a. Commercial General Liability Insurance. A commercial general liability insurance policy with combined limits of liability for bodily injury or property damage as follows: $1,000,000 per Occurrence $1,000,000 Policy Aggregate $1,000,000 Products Liability/Completed Operations $1,000,000 Personal and Advertising Injury $50,000 Fire-Legal $5,000 Medical Payments If for any reason the Office Manager has not received the insurance certificate showing the required coverage00 then (10) working days before the first scheduled use of the property, the TCA may cancel this License Agreement. 8. Transfer of Rights. This Agreement shall be binding on any successors of the parties. Neither party shall have the right to assign its interests in this Agreement to any other party, except with the prior written consent of the other party. 9. Termination. By providing written notice to the TCA, Renter may terminate this Agreement. The deposit will be fully refunded given 31+ days written notice. A 50% refund of the deposit will be granted given 15 to 30 days written notice. There are no refunds at less than 15 days. 10. Entire Agreement. This Rental Agreement and the attached Rental Request for the Stables Building contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreement between the parties. 11. Amendment. This Agreement may be modified or amended only if the amendment is made in writing and is approved and signed by both the TCA Representative on behalf of the TCA and by the Renter. 12. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid and unenforceable, but that by limiting such provisions it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 13. Force Majeur. In the event that the performance of any of the covenants of this Agreement on the part of the TCA shall be prevented by act of God, the acts or regulations of public authorities, or labor unions, labor difficulties, strikes, civil tumult, war, epidemic, fire, flood or any other cause beyond its control, the TCA shall be relieved of its obligations; and further, upon such of the rental, including but not limited to, any and all expenses incurred for promotion, artists fees, or preparation costs, if any, as incurred. 14. No Waivers. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party00 right to subsequently enforce and compel strict compliance with every provision of this Agreement. 15. Indemnity and Disclaimers. The Renter will hold the TCA harmless from any and all claims from any of its principals, participants, guests, or visitors for any and all claims specifically including worker00 compensation. The Renter will hold the TCA harmless for any claims or causes of action arising from the Renter00 failure to present the scheduled function, and agrees to pay the TCA00 costs and expenses arising from any such claim or action, including attorney00 fees and other expenses of litigation. Renter will indemnify, defend and hold the TCA, its officers, agents, employees and contractors harmless from any and all Liability for damage or claims for property damage or personal injury, including death, and any other claims whatsoever, arising out of or resulting from the negligence or willful misconduct of Renter, its officers, agents, employees, contractors or invitees. Such indemnification shall include reasonable costs of defense, judgment, settlements, attorney00 fees and such other costs as may be fixed by the court. TCA accepts no responsibility whatsoever for any property of the Renter, and TCA is hereby expressly relieved and discharged from any and all liability for all loss, damage, or destruction of property that may be sustained by the Renter, its agents, or employees in connection with the above scheduled events. This applies to artwork, equipment, merchandise and personal items of the Renter or its personnel or participants. 16. Compliance with Law and TCA Rules. Renter will comply with all applicable federal, State and local law and ordinances and with TCA Rules and Regulations for Renters in effect from time to time. Renter will also comply with all directions of the Executive Director of the TCA, or his/her designee. Renter agrees to secure locks at all times when the building is unoccupied. 17. Third Party Meditation. As we know, disputes may arise from time to time. The TCA requires neutral third party mediation as the mechanism for resolving any disputes prior to litigation. The mediation process must be initiated within 30 days of the reporting of a dispute. 18. Applicable Law. The Agreement shall be constructed and enforced pursuant to the laws of the State of New Mexico. Taos County shall be the location for any legal proceedings in this matter. IN WITNESS THEREOF, the parties here to have executed this Agreement the Day and year first written above. Contract is not valid until all signatures are affixed herein. The person signing this Agreement declares that he/she has the authority to bind the Renter. In the event that the signatory lacks such duly granted authority, said undersigned signatory personally assumes all liability for fees, costs and damages. Licensor: Taos Center for the Arts By: _____________________________________________________________________________ TCA Representative Printed name: _____________________________________________________________________ Date: ______/______/________ Licensee: (Renter) By: _____________________________________________________________________________ Renter Representative Printed Name: ____________________________________________________________________ Date: ______/______/________ Please return signed contract to: Taos Center for the Arts 133 Paseo del Pueblo Norte Taos, NM 87571 Phone: 575-758-2052 Fax: 575-751-3305 Or drop off the information at the Taos Center for the Arts office, Monday through Friday, 9 a.m. to 5 p.m. Rental Contract for Stables Gallery 11/26/2007 Page of 5

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