Sample Contract

The Mermaid and The Dolphin
1103 33rd St
Galveston, TX 77550
409-762-1561 888-922-1866

CONTRACT AGREEMENT FOR EVENT SERVICES

The Mermaid and The Dolphin
County of Galveston
State of Texas



This agreement is entered into on (date) _________, between The Mermaid and The Dolphin Inn, a vintage inn and resort doing business in the city of Galveston, Galveston County, Texas, hereafter referred to as “The Inn” and (name) ______, (address)______, (County)___ ________, (state) ___ _______________, hereafter referred to as “Licensee”.

1. LICENSED PREMISES. The Inn hereby grants to the Licensee a license to occupy and use, subject to all of the terms and conditions stated in this contract, the (areas to be occupied/used) ______, common restroom facilities, and the entry of The Inn, located at 1103 33rd Street, Galveston, Texas, 77550 and/or Queen of the Gulf Wedding Chapel located at 1105 33rd Street, Galveston, Texas, 77550.

2. USE AND ACCESS. The (areas to be occupied/used)__ ___, may be occupied and used solely for the purpose(s) of a ___________, from (time)___pm on the date of _____, until (time) ____pm on the date of _____ with approximately ______ number of persons in attendance.

Rental period must include adequate time for pre-event preparation and set up and post event clean up.

Licensee may contract for additional time at the rate of _____per hour when the contract is initially signed. However, if the Licensee either occupies the contracted areas or remains in the contracted areas outside the times specified in this contract, there will be additional charges of _____ for each hour that the Licensee remains in non-compliance.

Licensee shall remove all of his/her property and complete clean up obligations immediately following the event unless Licensee contracts with The Inn for clean up services. Failure to perform clean up immediately following the event may result in The Inn electing to, without waiving any other remedy it may have, to remove the Licensee’s property from the premises and to perform the Licensees clean up obligations under this contract, at the Licensee’s expense and without any liability to the Licensee.

Licensee agrees that The Inn may solely at its option and in addition to any other security given by Licensee pursuant to this agreement maintain control of Licensee’s property until Licensee has paid all expenses incurred by The Inn for the removal of Licensee’s property and/or trash and clean up of premises.

Smoking is strictly forbidden anywhere inside The Inn. Smoking is allowed outdoors on verandahs and in the gardens. It is the Licensee’s responsibility to request that event attendees refrain from throwing smoking debris into the gardens. A smoking debris clean up fee of $100 will be assessed if it is necessary to remove smoking debris from the gardens and grounds of The Inn. Non-compliance with the smoking policy results in forfeiture of the security deposit.

3. SECURITY DEPOSIT. Receipt of a security deposit in the amount of _____ is hereby acknowledged by The Inn. Without in any manner limiting Licensee’s obligation under this contract, The Inn shall be entitled to apply any portion of the security deposit toward the repair of any damages occurring to The Inn property in connection with the event for which this license is granted, and to the payment of any additional sums incurred by the Licensee hereunder. Any portion of the security deposit not so applied will be returned to the Licensee within 30 days after the event.

4. FEES. Licensee hereby agrees to pay The Inn one-half of the ______total event fees, equal to the amount ______, upon signature of the event contract. The remaining one-half of the _______total event fees or _______ is due one week before the contracted date or ________, 20__.

Fees are itemized as follows:

Facilities Rentals: _____________________

Food Charges: _______________________

Flowers Charges: _____________________

Decorations/Signage: ________________

Beverage Charges: ___________________

Cake Charges: _______________________

Entertainment Fees: ___________________

Equipment Fees: ______________________

Suite Rental Fees: _____________________

Photography Fees: ____________________

Security Fees: _________________________

Gratuity: ______________________________

Tax: ___________________________________

Event Planner Charges: ________________

Other Fees: ____________________________

If payment in full is not received by ________, 20____, the contract will automatically be cancelled and the security deposit will not be refunded. To renew the contract, full payment must be made with cash, money order, or cashiers check. The facility may be offered to another party any time the contract is not valid.

5. ADDITIONAL CHARGES. Any additional sum due to The Inn hereunder shall be due and payable on the third day after giving notice thereof to the Licensee.

6. FACILITIES. The Inn property may not be moved or removed by the Licensee except by special arrangement.

The piano may not be moved in preparation for a scheduled event except by the innkeepers or staff of The Inn.

7. RISK OF LOSS. The delivery and storage of the Licensee’s property shall be at the Licensee’s sole risk.

8. SECURITY. Security will be required for events where alcohol will be served, children will be present or in cases where all guest suites are not occupied by event attendees. Security may be required for other events depending on the number of guests and the time of day of the event.

Security will be arranged by The Inn and billed to the Licensee at a fee of ______per hour for a minimum of 4 hours, including 30 minutes before and after the event.

Licensee agrees to indemnify and hold harmless The Inn for any expenses or liabilities incurred by The Inn arising from the activities or actions by persons attending Licensees event.

10. PARKING. On street parking is available along 33rd and K streets. Eight spaces on the last row of the St Patrick’s Catholic Church parking lot are also available.

11. USE OF THE INN’S PERSONAL PROPERTY. The Inn has on our about the licensed premises certain personal property for its own use. Said personal property is not intended for use by the Licensee or his/her guests, and The Inn does not warrant or represent that said property is safe and suitable for use. This includes, but is not limited to, pools, chairs, musical instruments and tables referenced in the Facilities (section 6) of this contract. Any use of said property by the Licensee or his/her guests, whether known or unknown by The Inn, is at the sole risk of the Licensee and his/her guests. Damage to said equipment is the responsibility of the Licensee.

12. CONDITION OF PREMISES. The Inn does not warrant or represent that the licensed premises is safe, healthful or suitable for the purpose for which it is permitted to be used under the terms of the license. The Licensee shall indemnify The Inn for any and all liability for personal injury or property damage or for loss of life or property resulting from, or in any way connected with, the condition or use of the premises covered by the license, or ingress thereto or egress there from, except liability for personal injury, property damage, or loss of life or property caused solely by the active negligence of The Inn.

13. ALCOHOLIC BEVERAGES. The Licensee shall not sell alcoholic beverages or spirits except upon furnishing The Inn’s owner all permits and licenses required by the state of Texas Alcoholic Beverage Commission. Licensee shall not provide alcoholic beverages to persons under the age of 21. Arrangements for the issuance of said licenses and permits shall be made by the Licensee directly with the Texas Alcoholic Beverage Commission. Non-compliance results in the automatic forfeiture of the security deposit. The Inn reserves the right to stop any event in non-compliance of this agreement.

The Inn does not have a liquor license. Alcoholic beverages may be catered only by a vendor who is properly licensed to do so. Under no circumstances will alcoholic beverages be served to minors and The Inn reserves the right to check valid identification for proof of age. The Inn also reserves the right to refuse service to anyone suspected of being intoxicated.

The Inn does have glassware available for beer, wine and mixed drinks. A glass rental fee of ______ per event is charged to the licensee for this service.

14. DECORATIONS/SIGNAGE. Anything that may damage any part of the structure, attracts rodents, or is difficult to clean is prohibited. This includes, but is not limited to, nails, screws, staples, tape on any floor, wall window, window sill, door, or ceiling and rice, birdseed, confetti (of any material), glitter, sand, dance powder or wax, sparklers, smoke machines. These items are strictly forbidden on The Inn property. All candles must be enclosed in glass and never left unattended.

Acceptable material includes flower petals, potpourri, bubbles (outside only), and floral wire, and they must be cleaned up from the premises. Exceptions to these rules are made solely by the owner of The Inn.

Failure to comply with these rules will result in forfeiture of the security deposit.

15. CANCELLATION POLICY. Event cancellation must be made in writing to The Inn. If the cancellation occurs 90 days or more in advance of the event the security deposit and event fees paid to date will be refunded minus a ________ cancellation fee. If the cancellation occurs 45 days to 90 days in advance of the event no portion of the security deposit will be refunded, but event fees, minus any cancellation fees due to contractors will be refunded. If the cancellation occurs less than 45 days in advance of the event no portion of the security deposit or fees paid to date will be refunded.

16. CANCELLATION BY THE INN. In the event of a power failure, casualty, or damage to the licensed premises of The Inn, or in the event that public authorities order or recommend the evacuation of all or part of Galveston Island, or should weather or other condition warrant, The Inn may cancel this agreement with or without any further obligation to the Licensee, except for the refund of the security deposit and any event fees collected to date.

17. CLEAN UP. The licensee shall either contract with the Inn for clean up or be responsible for the removal of all his/her property and shall leave the licensed premises in as neat and clean a condition as originally provided to him/her. Licensee hereby _____ ______ contract with The Inn to perform clean up services at a rate of ______ per event. If licensee does not contract with the Inn for clean up services, Licensee must remove all trash and waste from the premises.

No trash can be left inside the building. Licensee may use the Inn’s outdoor garbage can, provided that all trash is double bagged and placed inside the garbage can. Any overflowing garbage must be hauled off site. Failure to comply with all clean up requirements will result if forfeiture of the security deposit.

18. SUB-CONTRACTORS. The Licensee shall, at least 30 (thirty) days in advance of the event, provide The Inn with the names, addresses and phone numbers of caterers, florists, photographers, security guards and any other persons connected with or contracted with for the event. It is the responsibility of the Licensee to inform sub-contractors of appropriate times for access to the facility and all policies of this contract. Sub-contractors are only allowed access to the facility during the times specified in section two of this contract.

19. MISCELLANEOUS. It is agreed between The Inn and the Licensee that this license is personal to the Licensee and shall not inure to the successors or assigns of the Licensee. The making, execution, and delivery of this agreement by the Licensee has been induced by no representatives, statements, warranties, or other agreement other than those herein expressed. This agreement embodies the entire understanding of the parties, relating to the subject matter hereof. This instrument may be amended or modified only by an instrument of equal formality signed by the respective parties. The Licensee agrees that he/she does not and shall not claim at any time interest or estate of any kind or extent whatsoever in the premises, by virtue of the license, its occupancy or use hereunder. The furnishing of a copy of this agreement shall not constitute an offer by The Inn. This agreement shall become effective upon execution by both parties.

20. ADDITIONAL AGREEMENTS.



21. APPLICAPBLE LAW. This agreement shall be construed in accordance with the law of the state of Texas and venue for any cause of action which arises hereunder shall be Galveston County, Texas.

Executed in duplicate originals this _______ day of _________, 20__.

LICENSEE THE MERMAID AND THE DOLPHIN


BY: ______________________________ BY: ________________________________

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