City of Ocoee

TERMS & CONDITIONS PAYMENT SCHEDULE & DAMAGE DEPOSIT: RENTER hereby agrees to pay the Total Rental Fee and Damage Deposit and other applicable fees in accordance to the payment schedule shown below and the Terms & Conditions of this Agreement. The Damage Deposit will be returned following RENTER’S period of use if no damage to the facility and no violations of this Agreement have occurred during RENTER’s period of use. PAYMENT DUE DATES: • Reservation Fee—Payment of a Reservation Fee of 50% of the Rental Fee is required to reserve a rental date. Courtesy holds on a single date may be established for up to seven (7) calendar days before the Reservation Fee must be paid. Courtesy holds will be canceled if payment is not timely received. The Reservation Fee applies to the Total Rental Fee. • Final Payment—Payment of the remaining balance is due no later than 45 days prior to the rental date. If a reservation is accepted by the city less than 45 days prior to the scheduled rental date, then 100% of the Rental Fee and the Damage Deposit are due immediately. • Alternative Payment Schedules—Payments using a different schedule, such as to pay an equal portion each month prior to the rental date, may be permitted through prior arrangement. In no case may less than the full Rental Fee be paid at least 45 days prior to the rental date. The Reservation Fee and Damage Deposit are not eligible for alternative payment schedules. LATE PAYMENTS: Payments must be made by 5:00 pm on the due date on your sales receipt. A ten percent (10%) surcharge on the amount owed will be levied on any late payment up to five (5) days after the due date. Any payment not made within the 5-day grace period will be treated as a cancellation and the rules applying thereto will be followed. DATE CHANGES: One date change will be permitted for each original rental, provided it is at least 180 days prior to the event at the time the date change is requested. Any subsequent date change or any date change requested later than 180 days prior to the original rental date will incur a penalty of 20% of the Total Rental Fee. No date change is permitted closer than 30 days to the original rental date. Any such requested change will be treated as a cancellation and the rules applying thereto will be followed. If the new rental date is later than the original date, then changes in the rental date will not alter the original Rental Fee payment due dates. If the new rental date is earlier than the original rental date, then all subsequent payment due dates will by advanced based on the new rental date. The Damage Deposit will be due at least 45 days prior to the current rental date in all cases. CANCELLATIONS: Any cancellation occurring more than 180 calendar days prior to the original rental date will receive a 100% refund for rental fees and deposits that have been paid minus a $25 administrative fee. Any cancellation occurring between 180 and 30 days prior to the original rental date will result in a loss of 50% of the total Rental Fee; the Damage Deposit will be refunded, if it has already been paid. Any cancellation occurring 30 or fewer days prior to the original rental date will result in a loss of the entire Rental Fee; the Damage Deposit will be refunded. AUTHORIZED REPRESENTATIVE(S): RENTER may name no more than two persons to act as RENTER’s authorized representative in matters related to this Agreement, such as to make changes to the rental details, cancel an event, and conduct the Pre-Event or Post-Event Walkthrough inspections. Any action taken by an authorized representative shall be treated the same as if taken by RENTER. Authorized representatives may be added or deleted by RENTER at any time upon written notice to the CITY. Page 2 of 6 NATURE OF EVENT/ADDITIONAL INFORMATION: Courtesy and safety in the use of a CITY facility is required by all RENTERS. A description describing the nature of the proposed event shall be included above in the section titled, “RENTAL NOTES” and must be approved in advance of the event by the CITY. CITY reserves the right to deny use of a facility to any RENTER in its sole discretion. At CITY’s sole discretion, a group may be asked to submit additional information to the City, including but not limited to, written details about the organization, additional details describing the event, the number of guests expected, and any special needs or requirements. Such information may be requested by CITY prior to or after the Agreement has been executed. If such information is not provided to the CITY and approved at least ten (10) days prior to the event date, then CITY has the authority to cancel the event with no refund or prorating of fees. Failure to fully describe the nature of an event may result in loss of the Damage Deposit. SPECIAL EVENT: A CITY Special Event Permit may be required for some events in accordance with the requirements of Chapter 146 of the City Code and other applicable CITY ordinances. RENTER is solely responsible for applying for and obtaining said permit. SOCIAL MEDIA & PHOTOGRAPHY RELEASE: RENTER grants CITY the right to take photographs of event. RENTER gives permission to the CITY to use photographs from facility rentals in print publications, online publications, presentations, websites, and social media. RENTER understands that no royalty, fee, or other compensation shall become payable for use of photos. COMPLIANCE: RENTER shall comply at all times with all federal, state, and local statutes, rules, regulations, and ordinances, federal and state constitutions, and the orders and decrees of lawful authorities having jurisdiction over the matter at issue (collectively, “Laws”). RENTER shall also comply with all CITY policies and procedures, including but not limited to all policies and procedures for use of the facility. RENTER shall not discriminate against any person in the use of the facility based on race, color, religion, sex, disability, sexual orientation, or national origin. The Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. CITY reserves the right to terminate this agreement if CITY determines RENTER has not complied with the Laws. Failure to comply with the Laws may result in denial of future rental of any City facilities to RENTER. NOISE ORDINANCE: CITY has a noise ordinance, which is complaint-driven. RENTER and RENTER’s use of the included facilities are subject to the terms of this ordinance. RENTER may be asked to turn down the volume or cease any activity found to violate the ordinance. A copy of the ordinance is available online for reference and download. RENTER must inform DJ or any live entertainment provider of CITY’s noise ordinance. Any music performed or played outside requires written approval from CITY. The following examples are provided for illustrative use only: ceremony music, string quartet, harpist, acoustic guitar, and DJ-controlled recorded music (normally permitted); steel drums, live bands, and other nonrecorded performances are normally not permitted. These examples are provided for demonstrative purposes and are not binding or precedential to either party. RENTAL PERIOD: The event start time and the event end time are firm and allow for no grace period or flexibility. Therefore, the RENTER has a definite time schedule to begin and end activities. This schedule must be closely followed. If RENTER’S time runs beyond or over the contracted amount, an hourly fee will be deducted from the Damage Deposit; such charges will be calculated in whole hours. If RENTER’s time overrun causes a delay for the next renter, a fee double that of the normal hourly fee will be deducted from RENTER’s Damage Deposit prior to issuance of a refund, if any. Music, entertainment, and the serving of alcohol must cease one hour before the end of the rental period to allow for cleanup. Events may not last beyond 12:00am (midnight), without prior approval by CITY. ARRIVAL TIME: RENTER and RENTER’s authorized representatives or vendors may not enter the facility until the start of the paid reservation period shown on sales receipt. It is the responsibility of the RENTER to schedule and reserve the rental period to include the time for all deliveries, including those of the caterer, set-up, other preparation prior to the event start time, and clean up following the end of the event. All such activity must occur within the reserved rental time. Additional time prior to the scheduled rental period may be available for an additional fee; however, such time must be scheduled in advance with written permission from CITY. DELIVERIES AND PICKUPS: RENTER may not schedule any deliveries outside of the rental time and all deliveries must be signed for by RENTER or RENTER’s authorized representative. CITY staff will not accept or sign for any deliveries and cannot be held responsible in any way for directing deliveries to a particular location. Items cannot be left in the facility at the conclusion of the event and must be removed prior to vacating the facility. Due to limited space and the need to prepare for subsequent events, storage for rented equipment is not permitted before or after any event. Items left at the facility may result in RENTER being charged for additional time. TEMPORARY STRUCTURES: If RENTER plans to use portable toilets, concession stands, tents, arbors, stages, trailers, inflatables, dunk tanks, etc., RENTER must so inform CITY and receive written permission from CITY at least thirty (30) days prior to RENTER’s planned event. RENTER may be required to provide a certificate of insurance naming CITY as an Page 3 of 6 additional insured for certain structures and obtain additional permits from CITY. Examples include but are not limited to tents larger than 10x10 (pop-up), which require that a permit be obtained from City of Ocoee Building Division (407-905- 3104) at least thirty (30) days prior to RENTER’S event. The Ocoee Lakeshore Center Plaza includes built-in hold-down anchors for tents up to 20 feet by 40 feet in size. If RENTER intends to drive stakes or any other device into the ground, RENTER must inform CITY at least ten (10) days prior to the event and may be required, at CITY’S request, to meet a CITY representative to discuss the layout for the event. RENTER will be held responsible for any damage to underground sprinklers, utility lines or electrical lines if RENTER does not have prior approval from CITY. The delivery, installation, and removal of temporary structures must occur within the rental time period unless prior arrangements have been made with CITY. SECURITY: CITY shall not be liable for the safety and/or security of any property belonging to RENTER, caterers, vendors, guests, or persons participating in the use of the property with RENTER. CITY will not provide security services for RENTER’s event unless other arrangements are made in advance of the event with the Ocoee Police Department. CITY reserves the right to require law enforcement presence at an additional cost to RENTER for any event, at CITY’s sole discretion. If law enforcement is required at an event, security arrangements must be made prior to the time of remittance of the Rental Payment. Regardless of whether formal law enforcement or security officers are onsite, profanity and fighting are not allowed in facility and such activity may result in expulsion from the facility. No illegal drugs will be permitted in facility or on the premises. EVENT SUPERVISION: CITY staff team will gather details on your event to make sure the facility is ready for your vendors on the day of your event. Our services team does not function as a wedding planner or day of coordinator. On the day of your event there will be CITY staff present on-site from load in to load out, as well as to monitor the venue. CITY staff will be assigned to oversee event activities and shall have complete authority over the facility, all equipment, participants, vendors, guests, and activities, including the authority to require changes in activities or cessation of activities. RENTER or RENTER’s authorized representative must be present during the entire rental period and must be available to review both a pre-event and a post-event walkthrough with CITY staff. SUPERVISION OF MINORS: Groups composed of minors shall be supervised by at least one adult who is 21 years of age or older for every 15 minors present. Minors must remain in the rented facility space(s) and shall not be allowed to roam throughout the facility. FOOD AND BEVERAGES: RENTER is responsible for all setup, serving, and cleanup of food and beverages; all these activities must occur within the rental period. CITY must be informed no less than ten (10) days prior to the rental period if RENTER plans to serve any non-catered food or conduct outdoor grilling. Food cooking is to be done off-site with the exception of outdoor grilling, which must be approved in advance of the event. Facility kitchens provide only for distribution of food. Some facility kitchens provide warming and cooling of foods. Combustion-based food warmers using Sterno™ and other fuels may be permitted under supervision, with the exception of the Withers-Maguire House, where they are not permitted. Use of the Lakeshore Center requires a licensed and insured caterer. Non-catered food will not be permitted at the Lakeshore Center. CATERED EVENTS: Access to commercial kitchens in the Lakeshore Center is limited to caterers with insurance approved by CITY or registered with CITY. Cooking food, except for outside use of grilling equipment with prior approval by CITY, is prohibited at all venues. Use of the Lakeshore Center requires a licensed and insured caterer, non-catered food will not be permitted. NON-CATERED EVENTS: RENTER may bring in food items prepared elsewhere, except at the Lakeshore Center where non-catered food is not permitted. The commercial kitchen and all equipment, including refrigerators, icemakers, warmers, and ovens at the Lakeshore Center are off-limits to all but approved caterers. Non-commercial kitchens at other facilities may be used by RENTER, but are subject to facility-specific restrictions. SERVING ALCOHOL: A CITY Alcohol Serving Permit must be purchased for any rental event during which alcoholic beverages will be served. The cost of this permit is $125. This cost is included with all Lakeshore Center rentals. The serving of alcohol during an event where the required permit has not been acquired will result in loss of the Damage Deposit. Any caterer or other vendor hired to serve alcohol must be properly licensed and insured. Service or drinking of alcoholic beverages is prohibited outdoors except as part of an approved facility use plan. RENTER shall be responsible to monitor and control the use of alcohol at the event, and shall comply with all applicable laws pertaining to the serving and consumption of alcoholic beverages. To avoid an increased chance for loss of the Damage Deposit, red wine and punch are discouraged from use inside facilities. Serving alcohol any indoor facility permitted by a licensed vendor only. Licensed vendor must be present for entire duration of time that alcohol will be served. No persons other than licensed vendor may serve alcohol during any event. Page 4 of 6 FLOOR PLAN: Within the context of this Agreement, a floor plan is the layout of tables and chairs for the event space. RENTER agrees to submit to CITY the desired floor plan no less than fourteen (14) days prior to the event date for events taking place at the Lakeshore Center and Withers-Maguire House. If the submitted floor plan does not meet safety regulations or occupancy limits, requires more than the available number of tables and chairs of the types specified, or is otherwise deemed impractical by CITY, CITY staff will contact RENTER prior to making the necessary changes to the floor plan. All portions of the sidewalks, entries, doors, vestibules, halls, corridors, stairways, passageways, and access points to public utilities on the premises must be kept unobstructed by RENTER. CITY does not allow tables or chairs to be placed on the dance floor. For an outdoor layout, the staff will only set up the allotted number of white folding chairs. CITY does not provide tables for outside use. Any tables needed for outside events must be supplied by a third-party vendor and are subject to delivery time, pickup time, and storage restrictions stated herein. RENTER shall make no temporary or permanent modifications to the property without prior written consent of CITY. AUDIOVISUAL EQUIPMENT: If RENTER plans to use provided audiovisual (AV) equipment, RENTER shall have sole responsibility for testing and ensuring such use at least seven (7) days prior to the event date. CITY shall provide RENTER with an opportunity to test the use of AV equipment, if any, located and normally available at the facility in conformance with this requirement. RENTER is responsible for all program sources, connecting cords, and accessories. CITY does not provide laptops, laptop cords, VGA cords, extension cords, or other audiovisual equipment. DECORATIONS: Rice (including puffed rice or biodegradable rice), birdseed, confetti, glitter or other similar materials (i.e. loose objects such as pearls, crystals, rhinestones, etc.) may not be used inside or outside the facility. Only natural flower petals are permitted outside the facility and only silk flower petals are permitted inside the facility. Bubbles are only permitted outside. Decorations may not be affixed to the windows, window coverings, walls, doors, chairs, or painted surfaces and may not be hung from the ceiling. Nothing can be attached to the outdoor trellis or other parts of the building exterior without approval from CITY staff. Fog machines, dry ice, and/or open flames are not permitted. Renters are permitted to decorate with linens and small centerpieces without providing insurance. Any overhead or self-standing decorations must be installed and removed by a vendor with insurance approved by CITY or vendor registered with CITY. HOLIDAY DÉCOR: The Withers-Maguire House is decorated in a traditional approach during the Christmas Season. It should be noted that the holiday décor could be in place as early as the week before Thanksgiving, throughout the month of December, and as late as the second week of January. If you are inquiring about a date during this time frame and would like to see photos of how we have previously decorated during the season, please contact event staff for photos. Decorations may vary from year to year in color and content and the CITY reserves the right to make these design decisions. SYNTHETIC TURF: The Wedding Garden and Withers-Maguire House lawn feature a synthetic turf system. Cigarettes, fireworks, chewing gum, and open flames are not permitted in these areas. RENTER and vendors are prohibited from driving stakes or any other device into the ground. String lights, market lighting, and lanterns should not be set on turf as to avoid burning or fusing the fibers. Furniture and equipment with sharp or jagged edges should not be placed on turf as this may puncture or tear the turf. If the turf is damaged, and it is determined that RENTER or RENTER’S vendor and/or guest was the cause, the full cost associated with the repair services shall be deducted from the Damage Deposit. If this cost exceeds the amount of the Damage Deposit, then RENTER will be billed for the remaining cost of these services. RENTER must immediately report to the appropriate CITY staff (Parks and Recreation staff member) any issues or problems with turf. CANDLES AND SPARKLERS: No unity or tapered candles are permitted for use inside any building. No Chinese lanterns, hot-air balloons, helium balloons, or similar items can be released outdoors. Candles are permitted inside all covered facilities, except Withers-Maguire House, as long as the flame is enclosed in glass (such as a votive or hurricane lamp) and the wick is at least 1 inch below the top of the enclosing glass or the candles are floating in a non-flammable liquid. No handheld candles are permitted inside any facility. Sparklers are permitted outside of facility, except Withers-Maguire House; however, all sparklers must be disposed of properly, which means used sparklers must be discarded in a bucket or water or sand provided by RENTER. Failure to dispose of sparklers properly will result in a loss of the Damage Deposit. CHEWING GUM: Chewing gum of all types is prohibited inside or outside all facilities and surrounding areas. SMOKING: Smoking of tobacco and other products, including cigarette substitutes, is prohibited inside or outside all buildings except in designated areas. Additional regulations may apply. ANIMALS: Animals, except for documented service animals, are not allowed in any rented facility unless prior written approval is obtained from CITY. FIRE ALARM: If the facility fire alarm causes the Fire Department to be summoned, and it is determined that RENTER or RENTER’S vendor and or guest was the cause, the full cost associated with the Fire Department services shall be deducted from the Damage Deposit. If this cost exceeds the amount of the Damage Deposit, then RENTER will be billed for the remaining cost of these services. Page 5 of 6 RESPONSIBILITIES: RENTER must leave the rented facility clean and in good repair. This includes, but is not limited to, trash being picked up, decorations and equipment be removed. RENTER will be billed and shall be responsible for costs of any additional cleaning or repairs that may be required due to its usage of the rented facility. RENTER is responsible for the conduct of participants, workers, volunteers, invitees, and guests while using the rented facility. RENTER must immediately report to the appropriate CITY staff (Parks and Recreation staff member) any accidents, injuries or incidents that may occur while RENTER is occupying and using the rented facility pursuant to the terms and conditions set forth in this Agreement. POST-EVENT INSPECTION: At the conclusion of RENTER’S event, a walk-through of the facility with CITY staff will be conducted and a Post-Event Checklist will be completed. Tables and chairs must be cleared of all linens, covers, dishes, decorations, and other such materials. All items brought into the facility by RENTER or RENTER’S vendors must be removed by the end of the rental period. CITY is not responsible for any materials left behind. Waste and all paper products must be placed in receptacles provided; CITY will provide additional trash liners, if needed. The kitchen and bar areas must be thoroughly cleaned and returned to their original level of cleanliness; this includes all work areas, ovens, refrigerators, sinks, and floors. Supplies needed to clean the kitchen will be provided by CITY. The facility shall be clean and free of debris, spills or stains; if excess trash, food, or stains are found on the floor, all or part of the Damage Deposit shall be withheld to cover the cost of the extra clean up. The rental period must include ALL time needed by RENTER and RENTER’S vendors for cleanup and removal of all materials that are not CITY property. DISCLAIMER, LIABILITY LIMITATION, AND INDEMNIFICATION: RENTER waives CITY’s liability for RENTER’S use of the rented facilities. RENTER hereby agrees that the use of CITY’s services and facilities is at RENTER’s own risk. As a condition of RENTER’s use of such services and facilities, RENTER, and its successors, heirs, and assigns expressly agree to forever discharge, waive, and release CITY, its officers, management, staff, agents, employees, and independent contractors and their heirs, successors, and assigns, from any and all claims, demands, injuries, damages, actions, or courses of action, and from all acts of active or passive negligence on the part of CITY, its officers, management, staff, agents, employees, and independent contractors on account of bodily injury, mental injury, or property damage from any mishap, accident, loss, damage, or injury suffered by RENTER or others resulting from, connected with, or caused by the use of CITY’s services or facilities, including, but not limited to, any injury resulting from mechanical defects or failure of any equipment or devices used in such services or facilities. RENTER further agrees to defend, indemnify, and hold harmless CITY, its officers, management, staff, agents, employees, or independent contractors, their heirs, successors, and assigns, from any and all claims, losses, or liability arising from, in connection with, or caused by RENTER’s use of CITY’s services and facilities. CITY shall not be liable for the safety or security of any property belonging to RENTER, caterers, vendors, guests, or persons participating in the use of the facility with RENTER. DAMAGES AND REPAIRS: RENTER shall conduct Pre-Event and Post-Event walkthrough inspections with CITY staff on duty. Any discrepancies are to be noted in writing on CITY’s standard Pre- and Post-Event Walkthrough and should include discrepancies, such as damages, areas and items not cleaned properly, etc., The cost of anything noted after RENTER’S usage, including damage of items or areas requiring additional cleaning by CITY staff, will be deducted from RENTER’S Damage Deposit. RENTER may not begin event setup and none of RENTER’S vendors may enter the building until the PreEvent walkthrough inspection has been completed. Equipment abuse is unacceptable behavior that may result in expulsion from the facility. In the event that there is any damage, loss of equipment or keys, or other expenses incurred by CITY due to the use of a facility by RENTER or its agents, vendors, or guests, RENTER, for itself, its vendors, agents, and guests, agrees and acknowledges that CITY may use the Damage Deposit for payment of the cost of repairs and replacements without prior approval of RENTER. RENTER agrees to be responsible for all damages to the building, grounds, and equipment associated with RENTER’s use of a facility. Additional charges may be imposed by CITY, if damage to the facility during RENTER’s period of use negatively impacts subsequent renters’ ability to use and enjoy the facility. The amount of the Damage Deposit paid hereunder is not a limitation of RENTER’s liability to CITY for damage, loss, or expense, and any claim for the same by CITY that goes beyond the amount of the Damage Deposit shall be paid immediately by RENTER. If the amount of repair or replacement, as required, exceeds the amount of the Damage Deposit, RENTER will be billed for the additional amount owed and payment shall be made immediately. Subsequent rentals by City to RENTER are not permitted until the cost of repair due to damage or loss and any additional damage cost has been paid in full to the CITY. GENERAL LIABILITY INSURANCE: If RENTER’S event will include the use of a caterer, event coordinator providing staff or equipment, entertainment group, DJ, decorator installing overhead or self-standing objects, or photographer providing a photo booth or equipment beyond personal camera, CITY will require such vendors to provide proof of insurance for approval by CITY. The vendor must provide a Certificate of Insurance evidencing General Liability Insurance coverage with limits no less than $1,000,000 single occurrence and $2,000,000 aggregate for personal injury and property damage and naming CITY as an additional insured party. CITY may also require a copy of a valid business license(s) and an indemnification agreement. CITY may agree to accept general liability insurance coverage provided by RENTER, if such coverage clearly demonstrates that it covers all parties. Questions regarding specific requirements should be referred to CITY. Page 6 of 6 LIQUOR LIABILITY INSURANCE: If RENTER has secured a CITY Alcohol Serving Permit, the vendor hired to serve alcohol at the event must secure liquor liability insurance coverage for the event with limits no less than $1,000,000 single occurrence and $2,000,000 aggregate for personal injury and property damage. Such insurance must name CITY as an additional insured party. Acceptable proof of adequate liquor liability insurance must be provided to CITY at least thirty (30) days prior to the event date. If the facility is reserved less than thirty (30) days prior to the event, RENTER has five (5) days from the date of this Agreement to summit proof of liquor liability insurance coverage; otherwise, RENTER forfeits the privilege to serve alcohol and incurs a $25 administrative fee to cancel the Alcohol Serving Permit. The cost of the Alcohol Serving Permit, less the $25 penalty, will be refunded to RENTER, if acceptable insurance coverage is not timely submitted to CITY. DAMAGE TO FACILITY; LOSS OF ELECTRIC POWER & OTHER UTILITIES: CITY is not responsible for electrical interruption due to acts of God, inclement weather (hurricanes, high winds, lightning, etc.), failure of equipment, loss of water or sanitary sewer service, and/or technical malfunctions due to unforeseen circumstances that may result in cancellation/postponement of the event covered by this Agreement. CITY reserves the right to postpone, cancel, or delay scheduled events should circumstances occur that are beyond CITY’s control. CITY, acting in good faith, may cancel the event in circumstances where the rented facility becomes unsafe for its intended use. Such circumstances include, but are not limited to, natural disasters, environmental hazards, civil disturbances, and other events affecting public health and safety. In such circumstances, CITY is under no obligation to refund the Rental Fee, but may do so, at its sole discretion, if another date or facility is not mutually acceptable to the parties. In all cases, CITY will attempt to give RENTER reasonable notice of any cancellation or restriction in use. ACKNOWLEDGEMENT: CITY hereby grants RENTER permission to use the facilities indicated above, subject to the terms and conditions contained herein and attached hereto, all of which form part of this Agreement. By signing below, RENTER acknowledges receipt of, and understanding of, facility rules and regulations, which are provided on a separate document. RENTER acknowledges that no verbal agreement regarding the use of CITY property has been made nor shall be made and that all conditions agreed to between the parties are included herein.