(hereinafter “Renter”) for the rental of that portion of Toriano’s located at 1063 62nd Avenue South, St. Petersburg, FL 33705, for
Rent Payment and Deposits:
Renter understands and agrees to the rental agreement amount of $600 (the “Rent”) is for use of the Facility only and that Renter will perform its own set-up, tear down, and cleaning of the Facility after Event. A deposit in an amount of $150 is due at the time the Renter executes this Agreement. The balance of the Rental ($600) is due 10-Days prior to the start of the Event. Once the facility is reviewed on the following day after the event, the facility must be placed back in the condition at which it was provided to the renter, $150 will be refunded three business days after the event. Your deposit will be forfeited if you cancel ten days prior to your event.
Permitted Uses:
Renter shall only use the Facility for lawful purposes and has sole responsibility for obtaining any required county, state, or federal license or permit prior to Event.
Facility Rules:
Renter agrees to abide by the Facility Rules and accepts sole responsibility for advising its guest, employees, agents, vendors and subcontractors of the Facility Rules and for ensuing compliance with such rules.
Caterers and Other Vendors:
Renter agrees that Set-up may begin no more than one (1) hour prior to the start of the event. No equipment shall be located or relocated to a location that impedes patrons’ walkways or emergency exits at any time. No portion of any passageway or exit shall be blocked or obstructed in any manner and no exit door shall be blocked.
Alcoholic Beverage Catering:
All alcoholic beverages must be served by a licensed and insured bartender that carries a full liquor liability policy in the amount of not less than
$1,000,000.00. Toriano’s must be named as an additional insured on any required full liquor liability policy. (www.eventhelper.com to obtain policy.
Safety and Security:
Renter agrees to be solely responsible and liable for the conduct, safety, and security of its guests, employees, agents, vendors and subcontractors and to take all reasonable actions necessary to ensure their safety and security. This responsibility shall specifically include, but not limited to: a. inspecting the Facility for known or hidden dangers and correcting any such dangerous condition or warning Renter’s guests, employees, agents, vendors and subcontractors of the dangerous condition; b. employing reasonable security measures to ensure the safe and orderly conduct of all guests, employees, agents, vendors and subcontractors; and c. employing reasonable security measures to prevent non-invitees from entering the Facility.
Indemnification:
Renter agrees to indemnify and hold Toriano’s and all its officers, board members, and employees free and harmless from any loss, damage, liability, cost, or expense, including reasonable attorney’s fees, that may arise during or be caused in any way by such use or occupancy of the Facility by the Renter, to any employee, agent, invitee, contractor, or sub-contractor, vendors or associate of the Renter or any other person and/or for injury to any person whatsoever happening on, in, about, or in connection with the Facility while the Facility is occupied or being used by the Renter except to the extent such injury, loss, damage, liability, cost, or expense results from the willful acts or gross negligence of Toriano’s.
Waiver of Claims:
Renter assumes all risk of damage to property or injury to persons in or about the Facility from any cause and hereby releases Toriano’s from damages to the Renter's personal property, for injury to the Renter, and/or the Renter's agents, employees invitees, associates, contractors or any other parties associated with Renter, in or about the Facility from any cause arising at any time, except to the extent such damage or injury results from the willful acts or gross negligence of Toriano’s.
Force Majeure:
If for any reason beyond its control, including, but not limited to, accident, act of war, act of God, fire, flood, severe weather conditions or other emergency condition, Toriano’s is unable to perform its obligations under this Agreement, such nonperformance is excused and Toriano’s may terminate the Agreement without further liability of any nature to Renter. Renter’s sole remedy is a return of the Reservation Deposit and any balance of Rent paid to Toriano’s.
Limitation on Damages:
Renter acknowledges and agrees that it may not recover an amount for any damages Renter resulting from the breach of this Agreement or for any other action(s) taken by Toriano’s that exceeds the amount of Rent or the Reservation Deposit if the balance of the Rent has not been paid at the time of the breach of this Agreement. Further, in no event shall Toriano’s be liable for indirect or consequential damages of any nature for any reason whatsoever.
Effective Date:
This Agreement shall be effective upon payment of the required Reservation Deposit and execution of the Agreement by the last party to sign.
Attorney’s Fees:
In the event either party commences litigation against the other party, the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in such litigation.
Non-Waiver:
Failure of either party to exercise any right afforded by the Agreement shall not be deemed a waiver of that right or of any other right.
Venue and Governing Authority:
Venue for all civil actions filed related to the enforcement of all rights under this Agreement shall be in Pinellas County, Florida and the laws of Florida shall govern all such proceedings.
Compete Agreement and Modifications:
This Agreement contains all of the understandings between parties and may only be modified in writing signed by both parties.
By signing this Facility Rental Agreement, Renter acknowledges having read this Agreement, and understands that this Agreement along with the Facility Rules are binding on both parties.