The following contract is shown for informational purposes only. Do not attempt to fill out a copy printed from your computer. Kingstowne's office staff will prepare and print a contract for you to sign when you visit the Thomson Center Business Office to reserve and pay for your rental.
CONTRACT FOR RENTAL
OF
KINGSTOWNE RESIDENTIAL OWNERS CORPORATION
SOUTH CENTER
THIS CONTRACT is made this ______, by and between KINGSTOWNE RESIDENTIAL OWNERS CORPORATION, hereinafter referred to as "KROC" and ______ of ______, phone number ______ (additional contact number ____________) and email, _______.
For other good and valuable consideration, receipt of which the parties hereby acknowledge, the parties hereto agree as follows:
1. Place, Date and Time of Use:
a. The Renter shall rent the South Center on ________ between the hours of _______ and _______for the purpose of a(n) _______ utilizing a(n) _______ setup.
b. Renter shall be entitled to use only the upper level Great Room, bathrooms and kitchen facilities. No other areas are permitted for use.
c. The Renter shall depart the Center in strict conformance with the ending time, as set forth above. No exceptions shall be made, regardless of whether the Renter begins his/her event on time.
2. Fees and Cancellation Rights:
When the Renter tenders the signed contract, the Renter shall pay the security deposit, the non-refundable cleaning fee, and 50% of the total hourly usage fee. The Renter must pay the balance of the hourly usage fee and finalize any revisions to the contract not later than _______. The Renter shall be solely responsible for all payments made under this Contract. KROC shall not accept payments from any other party.
If Renter wishes to cancel the contract, written notification must be provided to KROC 15 days prior to the rental date. In the case of such cancellation KROC shall refund 100% of all pre-paid sums.
3. Certification by Renter:
The signatory(s) hereby certifies that he/she/they is/are the party responsible for the event. This contract is non-transferable.
4. Renter’s Duties at Event:
a. Renter shall notify KROC at least 24 hours prior to the beginning of the rental period if the Renter has invited anyone who would require assistance in entering or exiting any portion of the Center due to a disability.
b. Renter must sign-in with the KROC Event Staff prior to the beginning of the function and remain physically present in the Center at all times during the term of the rental period.
c. Renter shall not charge attendees any fees of any sort for admission, food, alcohol, or any other service to include products or political donations.
d. Renter must provide 1 chaperon for every 10 attendees under the age of 18; chaperons must be over age of 21.
e. Renter shall only use the tables, chairs and equipment provided by KROC. If Renter desires to bring additional furniture or equipment to the Center, the Renter must a) obtain prior approval from management and b) ensure that the item is appropriately padded at the bottom in order to protect the floor from being scratched or marked.
f. Renters using the South Center may move furniture from its original location to accommodate the event. Under no circumstances may Renter remove, or permit to be removed, any furniture or other equipment belonging to KROC from the Center. Renter also must remove all non-KROC property from the Center after the rental period.
g. Renter shall not install any objects such as nails, tacks, scotch tape to any wall, candles or any other substance that causes permanent marking or damage on the walls or wall paper of the Center, including, but not limited to, finger paints, glue, or glitter. Renter must fully remove all of their materials, decorations, equipment and/or trash at the end of the rental of the Center. Structural or electrical alterations to the Centers are strictly prohibited.
h. Renter shall not bring acids or any other material that is flammable, toxic, or presents any potential for damage to the Center. Decorative candles, sparklers, fog machine and items of this nature are strictly prohibited from use within any Center. Grills can only be used in the grassy area around the Centers; grills on the deck area are strictly prohibited. The usage of birthday candles and “sterno” food warmers will be permitted as they are in use for a short time period.
i. Renter must comply with the Fairfax County noise ordinance, which is incorporated herein by reference. Noise levels after 11:00 p.m. must not be audible outside of the Center.
j. Renter shall keep all doors and windows to the Center closed for the duration of the function to minimize the amount of noise, which may be audible to the surrounding community.
k. Renter and his/her guests shall not congregate outside the Center at any time during or after the event.
l. Renter shall limit access to Centers to invitees only and shall not allow access to anyone else. At the South Center, Renter shall limit the number of attendees to those planned for in the contract.
m. Renter and his/her guests shall not smoke inside the interior of any Center.
n. Renter shall control behavior of all attendees and bear full responsibility for their conduct, including financial responsibility for rectification of damages to the Center or any other form of violation.
o. Before vacating the Center, Renter shall be responsible for the proper disposal of all food, party decorations, trash and routine cleaning. The term “routine cleaning” includes, but is not limited to, the wiping of all tables and chairs and cleaning up any trash and debris located inside the Center and in the grounds and parking area for the Center. Renter must dispose of all refuse in appropriate containers and remove that refuse from the premises at the conclusion of the rental period. (Renter is not responsible for breaking down tables or chairs.)
p. Renter is responsible for obtaining any and all licenses required to serve alcoholic beverages in the Center. At a minimum, Renter must obtain a banquet license from the Virginia Department of Alcoholic Beverage Control. The Virginia Department of Alcohol and Beverage Control license applications and requirements may be obtained at www.abc.state.va.us/licensing/banquet.htm.
q. Renter is responsible for ensuring that alcoholic beverages are not made available to persons under the age of 21 and/or who are intoxicated.
5. Termination of Event:
If management determines that Renter is engaged in a willful, egregious act of violation of any of the duties listed above, management may terminate the event before the end of the rental period, keep the security deposit and all paid fees, and suspend the Renter’s right to rent the Centers again.
6. Departure:
The Renter must depart the Center in strict conformance with the Contract. Failure to do so shall result in forfeiture of the a) security deposit and b) right to rent the Center again in the future. In addition, management shall contact the Fairfax County police department to disburse the crowd and press trespass charges.
7. Inspections and Remedies:
Prior to the rental period, the Renter and management will conduct a pre-use inspection of the Center and shall prepare a report of any conditions at the site that pre-existed the rental of the Center. After the rental period, management will conduct a post-use inspection of the Center and prepare a report that will note any breaches of contract and related deductions from the security deposit, if any. If none, management will refund the security deposit to Renter within 10 days of the date of the event.
If Renter breaches any of his/her duties or damages the Center, KROC reserves all of its rights, including, but not limited to: a) deducting from the security deposit for each specific violation of a particular paragraph listed in Section 4 (when tangible damages do not result), b) deducting for all costs and fees from the security deposit associated with rectification of any tangible damage, c) seeking payment of all costs and fees, including legal fees, in excess of the security deposit to rectify any tangible damage, and/or d) revoking Renter’s right to rent the Centers again. Management shall make all such determinations in its own discretion.
If the Renter disagrees with management’s determinations, he/she may appeal to the Board of Trustees by filing an appeal in writing within 10 days of date of the completion of the report. The Board will schedule a hearing to review the matter and make a final decision.
8. Indemnification of KROC:
As expressed in Section 4n, the Renter bears full responsibility for his/her attendees; accordingly, Renter shall indemnify KROC, its Board of Trustees, officers, agents, and employees against any and all defense costs and fees or judgment liability arising from any claim or lawsuit brought by a third party arising out of the Renter’s rental of the premises.
9. Limitation of Liability:
KROC’s maximum liability under this Contract shall be the return of the sums paid by Renter.
10. Event Staff:
KROC hires an Event Staff for the sole purpose of ensuring that the Renter and his/her guests do not damage the property of KROC. The Event Staff is not hired for the purpose of providing security for the Renter, his/her guests, or their property. The Event Staff bears no responsibility to intervene in any physical altercation that may occur which involves either the Renter or his/her guests; accordingly, the Renters and his/her guests utilize and occupy the premises solely at their own risk.
Renter may elect to obtain security services through KROC at his/her expense at the rates set forth by the agency contracted to perform the work. The current rate is $______ per hour.
11. Choice of Law/Venue:
The parties shall interpret and enforce this Contract in accordance with the law of the Commonwealth of Virginia. Any claim or cause of action arising out of or connected with the Contract shall be adjudicated in either the U.S. District Court for the Eastern District of Virginia, Alexandria Division (provided a statutory basis for federal jurisdiction exists) or the Circuit Court of Fairfax County, Virginia. The parties hereto waive all defenses or objections to the jurisdiction of said courts or to such venue.
12. Amendments:
The terms specified herein constitute the entire agreement between the parties. KROC shall not be bound by any alleged promises, representations or agreements except as herein expressly set forth. Management shall not have any authority to amend this Contract, except in writing.
13. No Warranty:
KROC does not warrant that its Centers are suitable for any particular purpose, nor does KROC warrant any condition on the premises. The Renter agrees that he/she has had an opportunity to examine the premises; that KROC is not responsible for any notification of any defects within the premises; and that he/she will accept the premises in an “as is” condition.
14. Incorporation of Legal Documents:
All remedies for enforcement of the Declaration of Covenants, Conditions and Restrictions are hereby incorporated by reference. In addition, the Renter shall bear full responsibility of all attorney’s fees and costs incurred by KROC to enforce this contract. If KROC must seek legal action to recover damages in excess of the security deposit, all sums due shall bear interest at the rate of 18%, per annum.
Signature:
_______________________________
Renter
Print Name
and Address:
_______________________________
_______________________________
_______________________________
Kingstowne Residential Owners Corporation
By:____________________________
Name