MEETING ROOM RENTAL CONTRACT
THIS AGREEMENT is made between the Favell Museum, Inc., an Oregon non-profit organization, 125 West Main Street, Klamath Falls, Oregon 97601 (hereinafter referred to as "Landlord") and _________________________________ (name),_____________________________________________(address), (hereinafter referred to as "Tenant") for lease of the downstairs meeting room, exterior grounds and parking lot at the Favell Museum, Inc., 125 West Main Street, Klamath Falls, Oregon (hereinafter referred to as "Premises").
1. Possession. Tenant shall be entitled to possession on _____________________, commencing at _______ ____.m. and ending ____________________, at _____ ___.m. Possession of the Premises does not entitle Tenant, its agents, employees and invitees to admission to the Museum.
2. Permitted Use: ________________________________ and cleanup. In no event shall Tenant allow more than 150 individuals to occupy the meeting room at one time.
3. Rent, Deposits and Other Charges.
3.1 Rent. Tenant shall pay to Landlord as rent the sum of $_________.
3.2 Deposits. A $50 non-refundable deposit is required to reserve a date. This deposit shall be applied to rent charged for the Premises. An additional $100 cleaning deposit is required. The cleaning deposit will be refunded to Tenant upon the Premises being examined by Landlord. The Premises shall be left in the same condition as they were when Tenant was allowed possession.
3.3 Other Charges. The Favell Museum is open 9:00 a.m. to 5:00 p.m. Tuesday through Saturday. If the permitted use extends beyond these hours, a charge of $25 per hour will be assessed. Under no circumstance may Tenant occupy the Premises beyond 1:00 a.m. on the date following entitlement to possession. If Tenant does not vacate the Premises by the required date and time, a fee of $100 per day will be assessed.
3.4 Tables and Chairs. Tenant rents from Landlord _____ 60" diameter white tables and _____ 6' rectangular tables at $8.50 each per day and rents ____ folding white chairs at $.85 each per day.
Tabletops and if necessary, chairs, shall be cleaned and returned in the same condition provided.
3.5 Payment/ Interest. Rent, deposits and other charges must be paid in full not less than two (2) weeks in advance of the date possession of the Premises is granted. If not so paid, Landlord may terminate this agreement without notice to Tenant. Any payment due after Landlord reclaims possession of the Premises is due within ten (10) days of an invoice for payment being noticed to Tenant. If not paid, the unpaid balance shall bear interest at the rate of nine percent (9%) per annum (but not in any event at a rate greater than the maximum rate of interest permitted by law) from the due date until paid.
4. Other Rental Equipment / Personal Property. Rental equipment obtained from sources other than Landlord and Tenant's agents, employees and invitees' personal property may be stored and locked in the meeting room at Favell Museum. Landlord shall not, however, be responsible for theft or damage to said rental equipment and personal property. Tenant understands that said rental equipment and personal property, if left on the Premises, is done so at Tenant's risk. All rental equipment obtained from other sources and other personal property of Tenant and Tenant's employees, agents and invitees shall be removed by Tenant by the date Tenant's possession terminates as provided in Section 1 above.
5. Damage/Repair. Tenant shall repair any damage caused by Tenant or Tenant's agents, employees or invitees such that the Premises are returned to Landlord in the same condition when Tenant took possession.
6. Inspection. Landlord shall have the right to inspect the Premises at any reasonable time or times to determine if Tenant is complying with the terms of this agreement.
7. Insurance. Tenant shall maintain liability insurance coverage in a sum of not less than One Million Dollars ($1,000,000) naming Landlord as an additional insured for the term of this contract. If Tenant serves alcoholic beverages, Tenant's liability policy shall include liquor liability coverage. Written proof of liability insurance coverage shall be provided as required by Landlord. Landlord shall have the right to waive liability insurance coverage, lower the required amount of liability insurance coverage, or increase the amount of required liability insurance coverage in Landlord's absolute discretion. Any modification to the stated $1 million minimum shall be in writing, signed by the parties hereto and be an addendum to this contract.
8. Indemnification. Tenant shall indemnify and defend Landlord from, and reimburse Landlord for, any costs, claim, loss or liability suffered directly or from a third party claim arising out of or related to any activity of Tenant, its agents, employees or invitees on the Premises or any condition of the Premises in the possession or under the control of Tenant. Landlord shall have no liability to Tenant, its agents, employees or invitees for any injury, loss or damage caused by third parties or by any condition of the Premises (except to the extent caused by Landlord's negligence or breach of duty under this agreement).
9. Miscellaneous Provisions.
9.1 Waiver. Any provision or condition of this agreement may be waived at any time, in writing, by the party entitled to the benefit of such provision or condition. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision.
9.2 Assignment. Neither this agreement nor any of the rights, interests, or obligations of Tenant under this agreement may be assigned by Tenant without the prior written consent of Landlord.
9.3 Amendment. This agreement may be amended only by an instrument in writing executed by all the parties hereto.
9.4 Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of Oregon without regard to conflict-of-laws principles.
9.5 Attorney Fees. If suit or action is instituted in connection with any controversy arising out of this agreement, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees at trial, on petition for review, and on appeal.
9.6 Succession. Subject to the above stated limitations on the transfer of Tenant's interest, this agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns.
9.7 Venue. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of this agreement, will be brought against any of the parties in the Circuit Court of the State of Oregon for Klamath County, or subject to applicable jurisdictional requirements, in the U.S. District Court for the District of Oregon. Each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
9.8 Severability. If any provision of this agreement is invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this agreement will not be in any way impaired.
9.9 Entire Agreement/Construction. Subject to Section 7 only, this agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter of this agreement and supercedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter. The rule of construction that this agreement shall be construed against the party drafting the agreement shall not apply.
9.10 Notices. Any notice required or permitted under this agreement shall be given when actually delivered or 48 hours after deposited in United States Mail as certified mail, return receipt requested addressed to the address first given in this agreement, or to such other address as may be specified from time to time by either of the parties in writing.
DATED this ______ day of _____________________, 20____.
LANDLORD TENANT
Favell Museum, Inc.
By: _________________________________ __________________________________