BLUEBONNET BARN AGREEMENT

Event Space Rental Agreement (version 25_a)

The Wildflower Barn (South Location, Bluebonnet Barn)

THIS AGREEMENT (the “Agreement”), made as of this ____ day of ________., 201(x) , is by and between The Driftwood Wildflower Barn, LLC (the “Owner”), whose business address is     1630/1770 N Elder Hill RD, Driftwood, TX 78619 , and _________________________________ (the “Renter,” and collectively, the “Parties”).

WHEREAS, Renter wishes to use Owner’s space for Wedding / Reception  (the “Event”);

In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. Space Rental. Owner hereby grants to Renter a limited and revocable license (the “License”) to use the following space: Barn, Oak Grove, Wildflower Meadow, Bridal Suite, areas South of the “More Parking” lot (the “Space”). The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement.
2. Event Date. The Event shall be held on ________ (the “Event Date”), between the hours of ______. Renter shall not have access to the Space at any time other than during these hours on the Event Date, unless Renter receives prior written permission from Owner. Quiet time (music turned off) starts at 10:00pm, unless Renter has extended the rental period.
3. Fees. Renter shall pay to Owner a total fee of $ ________ (the “Rental Fee”) for the use of the Space to be paid upon the execution of this agreement. Owner shall have no obligations under this Agreement until the total fee is paid in full. Guest counts from 151 to 175 incur an additional fee of $1,000. Guest counts over 175 incur an additional $2,000 per 50 guests.   In addition, a “Security/Damage/Trash Deposit” fee of $150 is due upon execution of this agreement. Renter’s use of the Space after expiration of the allotted time specified in paragraph (2.) above will be billed at the rate of $75 per every 15 minutes and may be deducted by Owner from Renter’s “Security/Damage/Trash Deposit”.
4. Cancellation /Fees. If Renter cancels the reservation for the Event 180 days or more prior to the Event Date, Owner shall refund to Renter the Rental Fee and “Security/Damage/Trash Deposit”, however Owner shall be entitled to retain $1,600 as a cancellation fee. If Renter cancels the reservation for the Event less than 180 days prior to the Event, Owner shall be entitled to retain the entire Rental Fee, minus the “Security/Damage/Trash Deposit”.
5. Condition of Premises. Renter acknowledges and agrees that Owner is providing the Space “As-Is, and Owner makes no guarantee, warranty, promise or representation to Renter regarding the suitability of the Space for Renter’s intended use. Owner cannot and does not guarantee Space’s appearance on the day of the Event; flowers, bloom, foliage or other vegetative appearance beyond Owner’s control or by acts of God. Owner may make upgrades, modifications and/or changes to the Space prior to the Event Date, rendering a different or changed appearance from the date of booking. Renter acknowledges and agrees that Renter shall leave the Space in the same or similar condition as when Renter entered the space on the day of the event. Renter agrees and acknowledges that Renter shall be responsible for any damage caused to the Space beyond ordinary wear and tear. Should the space be damaged during the Event, Renter acknowledges that Owner shall have the sole and exclusive right to repair or replace the damaged item(s) and to deduct the cost or repair or replacement from Renter’s “Security/Damage/Trash Deposit.” Owner shall be solely and exclusively entitled to arrange for any necessary repairs at Renter’s expense and Renter agrees to forfeit all or any necessary part of the “Security/Damage/Trash Deposit” to satisfy this obligation. Renter shall also reimburse Owner for any such repair or replacement costs above and beyond that which is covered by the “Security/Damage/Trash Deposit” within 7 days of receipt of Owner’s written request for reimbursement, which request shall be accompanied by written verification of the amount of the actual expenses incurred.
6. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the “Additional Services”) in connection with the rental of the Space under this Agreement.
7. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including the enforcement of any provision of this agreement and any emergency that may threaten damage to Owner’s property, or injury to any person in or near the Space.
8. Indemnification. Renter hereby indemnifies and holds harmless Owner, its employees, officers, and directors from any damages, actions, suits, claims, or other costs (including reasonable attorneys’ fees) arising out of or in connection with any damage to any property or any injury caused to any person (including death) caused by Renter’s use of the Space, including any acts or omissions on the part of Renter, its employees, officers, directors, independent contractors, or other agents. Renter shall notify Owner of any damage or injury of which it has knowledge in, to, or near the Space, regardless of the cause of such damage or injury.
9. Permitted Use. Renter is authorized pursuant to the License to use the Space to hold the Event, and for no other purpose, unless Owner gives Renter prior written authorization for additional permitted uses. Renter may not use the Space in any manner that may render the insurance for the Space or upon any of Owner’s property void, or which may result in increased insurance premiums for Owner with respect to the Space or any other of Owner’s property. There is no overnight parking permitted.
10. Compliance with Laws. Renter agrees to abide by all laws while in the space on the day of the Event. Renter shall obtain and maintain any necessary permits, licenses, or other forms of permission necessary to use the Space according to the permitted uses set forth in Section 9 in a lawful manner. Renter shall not use the Space in any manner that would violate local, state or federal laws or regulations. Renter hereby indemnifies Owner, its employees, officers, directors, or other agents for any damages, penalties, fines, suits, actions, or other costs (including reasonable attorneys’ fees) arising out of or in connection with Renter’s violation of any local, state or federal law, rule, regulation or ordinance related to Renter’s use of the Space. Renter acknowledges on behalf of him/her self and on behalf of his/her guests that the use and/or possession of illegal drugs and/or the possession or consumption of alcohol by minors in the Space if strictly prohibited.
11. Force Majeure. In the event that Owner is unable, for reasons beyond its control, to make the Space available to Renter on the Event Date for the purposes as set forth in this Agreement, Renter shall have the option of choosing an alternate date (to occur within 30 days of the original Event date) to hold the Event (the “Alternate Event Date”), at no extra charge to Renter. If Renter selects an Alternate Event Date that is reasonably acceptable to Owner, then the Alternate Event Date shall replace the Event Date for the purposes of this Agreement, and all obligations, rights, duties and privileges as set forth in this Agreement shall remain binding on the Parties. If Renter and Owner cannot agree upon an Alternate Event Date then Renter shall forfeit to Owner the full amount of the Rental Fee, (including the full Deposit). In NO EVENT shall Owner be liable to Renter for any additional costs or damages suffered by Renter (over and above the Rental Fee) arising out of a rescheduling or cancellation of the Event pursuant to this provision.
12. Revocation. Owner shall have the right to revoke the License at any time prior to the Event Date, provided it gives Renter prior written notice of revocation. In the event that Owner revokes the License prior to the Event for reasons other than nonpayment of fees or breach of this Agreement by Renter, Owner shall refund to Renter the full amount paid by Renter in connection with this Agreement, including the entire Deposit. The Owner has the right to revoke the License if, in the Owner’s sole discretion, it appears to the Owner that the Renter is performing or condoning any illegal acts, or Owner deems the Renter to be acting in an unsocial, unruly, dangerous, unsafe, aggressive or disorderly manner. In this event the Owner will be entitled to retain the entire amount paid by the Renter.
13. Assignment. Renter may NOT assign or transfer their respective rights or obligations under this Agreement without the prior written consent from the Owner.
14. Governing Law. This Agreement is entered into and performable in Hays County, Texas and shall be construed in accordance with, and governed in all respects by, the laws of the State of Texas and Hays County, without regard to conflicts of law principles. Venue for all disputes arising from this agreement or the Event referenced herein shall be held exclusively in a court of competent jurisdiction in Hays County, Texas
15. Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
16. Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
17. Photography and Imagery. The Renter by entering the premises, agrees that photos may be taken of Renter and Renter’s guests which may be used in the creation and display of Owner’s marketing and promotional materials either for print or electronic distribution and viewing. The Renter shall have no claim of ownership for use or profit from these photographs and/or data files.
18. Items left behind and vendors. Any non-rental item(s) left behind after the event date and time, will incur a $50 moving fee and a storage fee between $10 and $100 per day determined by the inconvenience associated with the item. This fee will be paid out of the security deposit. Once the deposit is exhausted, the left behind item(s) will be donated or sold to help defer the storage expense. Rental companies may drop off rented equipment no earlier than 10am the day of the event. Rental companies must pick up their equipment no later than 11am the following day or a $50 moving charge and $25 per day storage charge will be accessed.
19. If a rental company or any other vendor damages any portion of the property, including trees, the Renter agrees that Renter shall be financially responsible for the damages. Any vendor who has damaged the property without making restitution will not be an approved vendor. Only approved vendors will be allowed on the premise. 
20. Renter agrees to abide by and follow all the numbered points in “Schedule B, Rental Notes” and claim responsibility for any actions or inactions that cause the numbered points not to be followed.
21. Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified mail, return receipt requested, or delivered by overnight delivery service, addressed as follows:

22. Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
23. Expenses. Renter agrees to pay any expenses paid by Owner in defense of this agreement.
24. Entire Agreement.   This Agreement constitutes the entire agreement between Renter and Owner, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.

Schedule A

ADDITIONAL SERVICES

Rice and confetti cleanup. Renter acknowledges that any rice or confetti that is thrown will have to be cleaned up and, therefore, Renter acknowledges that Owner shall charge Renter at the rate of $50 per hour with a minimum of 1 hour to clean up any rice or confetti left behind after the Event.

Schedule B

RENTAL NOTES

1. Under no circumstances will Renter pick or allow any of Renter’s guests to pick any wildflowers. Do not walk into any wildflower field, or allow guests or photographers entry into any wildflower field. Renter can be subject to a minimum fee of $50, or expulsion from the facility.
2. Do not trim any trees, branches, bushes or any other foliage. You can be subject to expulsion from the facility.
3. No items should be leaned up against any trees or the barn. Lay rental items flat on the ground.
4. All vendors with exception of the rental companies as explained in #18 above, must remove all their equipment/items by the end of the rental time on the Event Date or a moving fee of $150 will be accessed and a storage fee of $50 for each day items are present. All personal items must be removed by the end of the rental time on the Event Date.
5. No smoking in the barn or bridal suite.
6. No silk rose petals, real ones are fine. Rabbits and deer eat the real ones every night, yummm! Silk petals blow around for months. (Cleanup Rates apply)
7. No overnight parking, vehicles left can be towed at the owner’s expense.
8. Do not drive any vehicle up the nature path through the woods from the parking lot to the barn.
9. No illegal drugs.
10. Do not point, direct or place sound system speakers outside of the barn without written permission.
11. Other than service animals, pets are not permitted in the bridal suite, crated or loose.
12. There is no food prep or serving of food in the bridal suite. Food trays and sandwiches are fine during the brides getting ready time.
13. No vehicles over 29 feet in length.
14. No yard games or anything other than ceremony seating in ceremony areas.