Booking Agreement

Before you are able to proceed with your reservation, please review the terms and conditions contained in this Booking Agreement (this “Booking Agreement”). Please note that you will not be permitted to make a reservation with Garden Near the Green, ("Garden Near the Green," "we," "us," or "our"), unless you agree to the terms and conditions contained in this Booking Agreement.

Upon your review of the terms and conditions of this Booking Agreement, please demonstrate your consent to be bound by this Booking Agreement by signing this agreement. By signing, you acknowledge that you have read, understood and agree to comply with this Booking Agreement.

Use of the Property. You acknowledge that your use of the Property is subject to all applicable local, state, national and international laws and regulations, including with respect to the location and jurisdiction of the Property. Your use of the Property must be lawful and consistent with the Intended Purposes, as defined below. In any event, you hereby acknowledge that under certain circumstances you may forfeit the entire Rental Fee (as defined below). Under no circumstances are you allowed to sublet the Property to any third parties. The Property may only be used by you and your invitees, relatives and friends whom you permit to access, use, occupy or enter the Property (your "Permitted Invitees") for the purpose(s) discussed at the time of booking (the "Intended Purpose"). Notwithstanding anything herein to the contrary, you assume full responsibility for the use of the Property by you and your Permitted Invitees. You and your Permitted Invitees shall not enter areas of the Garden Near the Green facility that you have not reserved, or that are indicated as being closed to the public. Garden Near the Green shall not be responsible for death, personal injury or loss or damage to property suffered by you or any Permitted Invitees in such areas. The number of occupants you may have on the Property must not exceed the maximum number of occupants for the Property listed. Children under the age of 14 must be supervised by you or an adult Permitted Invitee at all times. You and your Permitted Invitees agree to not use the Property for any other purpose other than the Intended Purpose. If during your use of the Property you or any of your Permitted Invitees use the Property for any purpose that Garden Near the Green deems, in its sole discretion, is not reasonably related to the Intended Purpose, Garden Near the Green reserves the right to require you or any of your Permitted Invitees to leave the Property. In addition, you or your Permitted Invitees may also be asked to leave the Property if Garden Near the Green determines, in its sole discretion, that you or your Permitted Invitees are, among other things, not complying with this Booking Agreement, causing a disturbance, annoying other guests or Garden Near the Green employees, or destroying or vandalizing the Property. If you or any of your Permitted Invitees is asked by Garden Near the Green to leave the Property, you agree to leave immediately, and cause your Permitted Invitees to leave immediately, as the case may be, and acknowledge that you shall not receive a refund or a Building Credit (as defined below) for any unused portion of your Reservation.

Prohibited Activities. You acknowledge that neither you nor your Permitted Invitees are permitted to do any of the following while on the Property or any other part of the Garden Near the Green Facility or in the parking lot of the Garden Near the Green Facility or the neighboring parking lots and facilities:

  • Use tobacco of any kind (smoking or chewing) outside of the designated areas.

  • Possess and/or use explosives or fireworks of any kind, including, but not limited to, legal and illegal fireworks, sparklers, firecrackers, or similar items. (See Parking Lot section below for details).

  • Possess and/or use confetti, Silly String (or like products), fog machines, or glitter of any kind.

  • Possess, use, distribute, and/or sell illegal drugs and illegal drug paraphernalia.

  • Possess and/or use weapons of any kind, including, but not limited to, handguns, shotguns, knives, etc.

  • Engage in fighting (organized or not), violence, horseplay or harassment of any kind with respect to anyone.

  • Conduct any acts that are criminal or tortious in nature.

  • Promote illegal behavior, or do anything to enable illegal acts to be performed.

  • Post, advertise, view, or transmit any pornographic, indecent and/or sexually explicit photographs, videos, or material.

  • Promote or participate in any lewd, indecent, or other sexual behavior, including, but not limited to partial or full nudity.

  • Intentionally cover any advertising or promotional materials put in place by Garden Near the Green.

  • Perform any act on the Property that could be considered a nuisance to any third party on or near the Property.

  • Engage in gambling of any kind.

  • Bring a pet onto the Property, except for service animals (such as guide dogs).

  • Move or rearrange fixtures, furnishings, furniture, or other items of removable personal property on the Property.

  • Damage fixtures, furnishings, furniture, or other items on the Property.

  • Use of candles is strictly forbidden.  We do have remote control LED candles available for use.

  • If alcohol is found on the premises following an event, there will be a $1,500 fee assessed to the booking party.
     

You assume full responsibility for yourself and any attendees who engage in a prohibited activity and shall pay a minimum $200.00 fine to Garden Near the Green in addition to paying for any and all damages caused by such prohibited activity and any government-imposed fines. You shall also pay the cost to repair or replace, as determined in Garden Near the Green’s sole discretion, any property damaged by you or any of your attendees while using the Garden Near the Green Facility. All amounts owed to Garden Near the Green pursuant to this Booking Agreement, due to engaging in prohibited activities or otherwise, may be charged to the responsible party’s credit card. (See Violation Details Section below).

Parking Lot. Sparklers and decoration of cars are permitted only upon Garden Near the Green’s express written authorization. If permitted, sparklers must be kept exclusively outside the building and must be collected and extinguished thoroughly in a bucket of water by a member of the invited party. Car decorations must be cleaned up completely after the car has left, and must be done so as to not interfere with or cause damage to other cars on the property.

Photos. Customer gives assent to Garden Near the Green to use all images and likenesses of Customer and Invited Attendees in Garden Near the Green’s advertising, including, but not limited to Facebook, Instagram, Twitter, and Garden Near the Green’s website. Customer may opt out only by written notice.

 

Customer Property. Customer hereby assumes all risk of damage to Customer’s property at the Garden Near the Green Facility, including but not limited to equipment, presentation materials, personal items, or other personal property brought upon or stored at the Garden Near the Green Facility by Customer, and Customer is responsible for insuring such property at Customer’s sole expense. Customer expressly releases Garden Near the Green from and waives all claims against Garden Near the Green for any and all liability, loss, injury or damage to Customer’s property from any cause whatsoever. Customer hereby holds Garden Near the Green harmless from liability for injury to the Customer’s business or damage to the Customer’s property or any loss of income therefrom, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, heating, plumbing, air conditioning or lighting fixtures, or from any other cause. Customer shall defend and indemnify Garden Near the Green against any claim by a third party for damage to or loss of property stored by or brought upon the Garden Near the Green Facility by Customer.

Recommended Providers. Any products and/or service provider listed, or any list of products and/or service providers that we have or may provide to you (each a “Recommended Professional”, and collectively referred to herein as "Recommended Professionals") is done so as a courtesy referral to you only and in no way represents a partnership, joint venture, principal/agency relationship, or any other similar type of business relationship between Garden Near the Green and any of the Recommended Professionals. As such, Garden Near the Green makes no representation or warranty of any kind whatsoever to you, or to any other person, relating in any way to the quality or adequacy of the Recommended Professional’s products and/or services. To the fullest extent permitted by law, Garden Near the Green expressly disclaims all warranties of any kind and nature, whether express or implied, relating to the products or services provided by the Recommended Professionals or your use thereof. In addition, Garden Near the Green makes no warranty that the Recommended Professionals will meet your expectations. In the event that you elect to enter into an agreement with a Recommended Professional, you hereby agree and acknowledge that such agreement has been entered into of your own volition, and that entering into such agreement was not a condition precedent to you entering into this Booking Agreement. Finally, any questions and/or comments regarding, among other things, products or services provided by the Recommended Professionals should be directed to such Recommended Professional and not to Garden Near the Green.

Release. You, for yourself, and on behalf of all Permitted Invitees, hereby release, remise and forever discharge Garden Near the Green and each of its respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, or relate to, or are connected with your use of the Property. If you or any of your Permitted Invitees are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you or any of your Permitted Invitees are a resident of a state with any similar limitation on releases and waivers of third parties, you hereby waive any statute or common law principle of similar effect in that state to the maximum extent allowed by law. You hereby agree that you and/or your

Permitted Invitees will not pursue any legal action against Garden Near the Green or otherwise make a claim (or have any of your representatives or the representatives of any Permitted Invitees pursue any legal action or make a claim) against Garden Near the Green for any loss, accident, expense, damage, claim, warranty, injury or similar loss caused or incurred as a result of your use of the Property or arising out of any condition on the Property.

Indemnification. You agree to indemnify and hold Garden Near the Green, its partners, subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand made by any third party due to or arising out of you or your Permitted Invitees’ use of the Property, or any violation of this Booking Agreement by you or your Permitted Invitees, or any inaccuracy of any information you provide to Garden Near the Green, and any expenses incurred in connection therewith, including without limitation reasonable attorneys’ fees.

Disclaimer of Warranties.  Garden Near the Green makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the Property or your use thereof. To the fullest extent permitted by law, Garden Near the Green expressly disclaims all warranties of any kind and nature, whether express or implied, relating to the Property or your use thereof.  Garden Near the Green makes no warranty that the Property will meet your expectations or that the information presented about the Property is error free or 100% accurate.

Limitation of Liability. You and your Permitted Invitees expressly acknowledge and agree that your use of the Property is at your own risk, and that you assume all risk with respect thereto. Without limiting the generality of the foregoing, you agree that Garden Near the Green will not be responsible for loss of money, jewelry, or valuables of any kind on the Property.  Additionally, Garden Near the Green and its affiliates shall not be responsible or liable for any claim, damage or liability of any kind, including without limitation personal injury (including death) and property damage, arising either directly or indirectly from the use of your own equipment on or about the Garden Near the Green Facility. In no event shall Garden Near the Green and/or its affiliates be liable for any indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your Reservation, the use of this Website or the use of the Property or the Garden Near the Green Facility, whether based on contract, tort, strict liability, or otherwise, including without limitation lost profits, loss of business or data, or damages resulting from inconvenience or delay, even if Garden Near the Green or any third party has been advised of the possibility of such damages or losses.  Garden Near the Green’s total liability (if any) for damages arising under this Booking Agreement shall be limited to the amount paid by you for the Rental Fee, less any applicable Penalty.

Attorneys' Fees. If you or Garden Near the Green is required to retain legal counsel in order to enforce this Booking Agreement, (or any other agreement between you and Garden Near the Green), with or without the commencement of a formal legal action, the prevailing party shall be entitled to recover attorneys’ fees and costs from the breaching party.

Applicable Law/Venue. This Booking Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to the principles of conflicts of laws. By executing this Booking Agreement, you and your Permitted Invitees agree to submit to the exclusive jurisdiction of and agree to the venue of the courts of the State of Utah, whether state courts or federal courts located in the State of Utah. You and your Permitted Invitees hereto agree not to bring an action arising under this Booking Agreement in any court of law located outside the State of Utah.

 

Force Majeure. If the performance of any part of this Booking Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.

Assignment. You may not assign or otherwise transfer any of your rights or duties hereunder unless Garden Near the Green agrees in writing after receiving prior written notice.

Remedies. All remedies of Garden Near the Green provided for herein are cumulative and shall be in addition to any and all other rights and remedies provided herein or by law. The exercise of any rights of Garden Near the Green hereunder shall not in any way constitute a cure or waiver of a breach of this Booking Agreement or invalidate any act done pursuant to any notice of breach, or prejudice Garden Near the Green in the exercise of any of its rights hereunder or pursuant to law.

Entire Agreement. You acknowledge that this Booking Agreement comprises the entire agreement between you and Garden Near the Green and that this Booking Agreement supersedes all prior written or oral agreements regarding the subject matter herein. No modification to this Booking Agreement shall be binding upon you or Garden Near the Green unless made in writing and signed by you and an authorized representative of Garden Near the Green.

Questions? Call 801-899-5040

 

 

 

 

 

 

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Print Name                                                                                           Date

 

 

 

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Signature

© 2016 by JG Garden Near the Green

 3700 E. Campus Dr. #100  

Eagle Mountain, UT  84005

Phone: (801) 899-5040

 https://www.gardennearthegreen.com

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