All defined and/or capitalized terms in the Cover Page of this Facility Use Agreement (“Cover Page”) shall have the same meaning in these Standard Terms.
Subject to the provisions hereof, Licensee shall have the exclusive right to use the Event Venue on the Event Date and at the Event Time for the Event (as such items are identified on the Cover Page hereof).
Paid Parking is available on the surrounding streets, public parking lots and public parking garages. Valet parking may be arranged for the event by the client. If valet is confirmed, the valet company will need to provide all applicable signage. No parking is provided with the venue rental.
Select Caterer: (“Caterer”). Licensee acknowledges and agrees that it must separately contract for food and beverage arrangements for the Event and that food and beverage costs will be in addition to the Payment Obligations (hereinafter defined). Licensee shall make all food and beverage arrangements for the Event through vendors approved in advance, in writing, by Licensor.
5.1 If alcoholic beverages are to be a part of the Event, they shall only be served, used or otherwise maintained within designated areas.
5.2 It is understood and agreed that any and all alcoholic beverages will be provided by Licensor’s beverage services partner or approved caterer.
5.3 Should Licensee only need non-alcoholic beverages for the Event, the Caterer will be able to provide these directly to the Licensee without contracting the services of a professional beverage company.
5.4 Alcohol must only be served by an insured licensed and TIPS certified bartender(s).
5.5 Licensor shall have the sole discretionary authority to deny the sale, service or consumption of alcohol to anyone at any time. Colorado state law prohibits the sale or providing of alcohol to persons under twenty-one (21) years of age. All participants and guests at the Event will be required to present photo identification. Alcoholic beverages shall not be self-served. Only a Licensor approved caterer or bartender may serve alcoholic beverages. The bar or other serving areas for alcoholic beverages may not be left unattended at any time during the Event.
5.6 The last alcoholic beverage will be served thirty (30) minutes prior to the end of the Event. All alcohol must be removed from the bar or other serving areas a minimum of one-half (½) hour prior to the end of the scheduled Event time. It is against our policies to announce a “last call”.
5.7 Licensee assumes the risk and agrees to indemnify, defend and hold harmless, Licensor from any and all liability arising out of the sale, service and use of alcohol at or in connection with the Event.
5.8 Skyline Denver has a “no shots” policy, also no drink made with more than two spirits i.e. Long Islands, Hurricanes etc. unless pre-made and ordered by Client as a Specialty Drink by the venue approved beverage service provider.
Licensee shall be solely responsible along with the Caterer or a rental service company for set-ups, tables, chairs, podiums, tableware, serving stations and the like (the “Set-Up Requirements”). Should additional Set-Up Requirements need to be accommodated for the rental service company, Licensor shall have the right to assess an Ancillary Service Fee in order to meet such requirements.
7.1 Ancillary Services are herein defined as any services provided by anyone other than the Licensor for an additional fee and that the Licensee selects to have at the Event. Ancillary Service rates are variable as they are dependent on the service, time, quantity and additional needs of Licensee.
7.2 No Ancillary Services will be provided until the service rate and specifics are mutually agreed upon between Licensor and Licensee. Licensee acknowledges that Licensee may be required to enter into separate agreements with third party providers of Ancillary Services, and Licensor shall have no liability to Licensee for any party's failure to execute any such agreement.
7.3 Licensee acknowledges that the estimated Ancillary Service Fees identified on the Cover Page are only estimates, and that Licensor may determine, in the exercise of its sole and absolute discretion, the actual fee for any Ancillary Service. Licensor will only provide Ancillary Services for equipment and accommodations that are located at the Event Venue. Any Ancillary Service requested by Licensee that is not identified on the Cover Page may be provided by Licensor at a fee determined by Licensor and approved by Licensee. In the event that Licensee elects to use a third party (an "Outside Contractor") to provide services at the Event, Licensee shall be responsible for such Outside Contractor's compliance with this Agreement. Licensee understands and agrees that third-party providers of Ancillary Services are not and shall not be deemed agents of Licensor.
Licensee or Licensor may cease the service of alcoholic beverages in the event a Licensor, Caterer or beverage service company representative determines, in their respective, sole and absolute judgment: (a) that such cessation is necessary for the safety of patrons of the Event or the Event Venue or for the protection of the Event Venue, or (b) that any person under the legal age for the consumption of alcoholic beverages has been served at such Event.
9.1 A non-refundable initial payment of $1000 is due along with the balance of the security deposit in order for the licensee to reserve their event date. The total remaining balance as defined in the Fees and Payments section of the cover page will be due within 30 days of the signing of this agreement or 30 days prior to the event date, whichever day is earlier.
9.2 The Security Deposit shall be refundable to Licensee within thirty (30) days after the Event Date, provided that, in Licensor’s sole discretion, Licensee has completed all of its obligations under this Agreement to Licensor’s satisfaction. Licensor reserves the right to retain any portion of the security deposit up to the entire security deposit in order to cover the cost of any damages caused to the venue or additional services authorized by the Licensee.
9.3 Any additional services rendered to Licensee or reimbursable damages due from the licensee to the licensor in excess of the amount collected in the security deposit will be billed after the completion of the Event and due within thirty (30) days thereafter. If the Licensee fails to pay within 30 days, a 1% late fee per day may be assessed.
10.1 A change of, or termination of, the Event Date by Licensee shall constitute a cancellation. All monies paid will be non-refundable for any Reservations cancelled within seven (7) days of the contracted Reservation Date.
10.2 The fees that will be due to Licensor upon a Cancellation shall be as follows:
10.3 All amounts forfeited by Licensee as set out above, shall be deemed fully earned by Licensor. 10.4 Licensor shall have the unilateral right to terminate this Agreement as set out below: 10.4.1 Licensor reserves the right to cancel, revoke or terminate this Agreement and/or any Event in progress for Cause.
10.4 “Cause” shall include, but not be limited to: (i) if the use of the Event Venue or the Event is for purposes other than that disclosed herein; or (ii) if inaccurate information is disclosed herein by Licensee; or (iii) if the use of the Event Venue or the Event is deemed by Licensor to be hazardous to the public health safety or welfare; or (iv) if the use of the Event Venue or the Event adversely affects the Event Venue, buildings, or (v) parking areas; or (vi) Licensee’s non-compliance with the Licensor’s Policies.
10.5 Such Cause termination shall be deemed a Cancellation.
Licensee's rights and privileges under this Agreement, including the right to have access to, and use the Event Venue, are subject, as a condition precedent, to Licensee's continued compliance with these Standard Terms. Licensor and Caterer representatives shall have access to the Event Venue at all agreed upon Event times. Licensee shall not restrict or impede Licensor’s access to the Event Area. All events shall conclude by 11:00 pm unless written consent is given by Licensor stating otherwise.
12.1 On or before fourteen (14) days prior to the Event Date or upon execution of this Agreement if the Event is scheduled to take place in less than fourteen (14) days, Licensee shall provide Licensor with a certificate of insurance evidencing that Licensee has in place commercial general liability insurance ("CGL") coverage in an amount not less than One Million Dollars ($1,000,000) per occurrence with a Two Million Dollars ($2,000,000) in the aggregate.
12.2 Licensor shall be named as an additional insured on such CGL policy. When naming the additionally insured the following language shall be reflected on the coverage certificate and policy:
12.3 Licensee acknowledges and agrees that homeowner's insurance coverage does not meet the requirements of this Section.
12.4 Should Licensor not receive the certificate of insurance with all requirements noted in Section 12 of this agreement on or before fourteen (14) days preceding the Event Date, a certificate will be requested for the Event. Licensee will be issued a Service Fee of $275.00 for this coordination.
12.5 Licensee agrees to execute such further instruments and documents as may be reasonably required by Licensor in connection with the procurement of such insurance. The Licensor, in the exercise of its sole and absolute discretion, may treat the failure to provide an adequate certificate of insurance within the time period set forth herein as a cancellation of the Event by Licensee, in which case, the provisions of Section 10 shall apply.
Licensor shall have the right to limit the use of lighting and sound from any source within the building, including, but not limited to, lamps, light fixtures, illuminated signs, televisions, stereos, speakers, amplifiers, radios and any other electronic devices. All sound is monitored and managed by the venue representative throughout the event.
Licensee acknowledges and agrees that, from time to time prior to the Event Date, the Event Venue may be improved, altered, modified, expanded or enlarged by Licensor.
Licensee shall maintain proper decorum, comply with all local, state and federal laws, rules, ordinances, codes, fire codes, statutes, regulations and governmental orders governing the Event Venue and/or its use (herein collectively referred to as the "Laws"), not suffer or permit the continuation of any use or manner of use of the Event Venue in violation of this Agreement, not create any nuisance and not take any action which either diminishes hazard insurance coverage for the Event Venue or increases the premium payable for such insurance.
If Licensor determines, in the exercise of its sole and absolute discretion, that additional security for the Event is necessary, then Licensor may provide or engage a third party to provide additional security for the Event at Licensee's sole cost and expense. Licensee shall pay the cost of such additional security upon demand as an Ancillary Services Fee.
17.1 Licensor shall not be liable or responsible for any loss, damage or injury to any person or to any property of any Licensee Party in or upon the Event Venue, resulting from any cause whatsoever, including, but not limited to, assault, battery, theft and vandalism, nor shall Licensor be liable or responsible for any other loss, damage or injury arising, directly or indirectly, out of or in connection with the use of the Event Venue by any Licensee Party, unless solely caused by the gross negligence or willful misconduct of Licensor.
17.2 Licensor shall not be liable or responsible for any disturbance or impediment caused by external influences or sources such as governmental, public works projects, neighborhood functions, construction, and all other miscellaneous unrelated gatherings.
17.3 Licensee shall indemnify, defend and hold harmless Licensor and any of its affiliates and their officers, members, managers, partners, owners, agents, employees and representatives and the Event, its directors, owners, officers, agents, employees and representatives (any of the foregoing a “Licensor Party”) against any and all claims, liabilities, losses, damages, penalties, recoveries, suits, judgments or executions, costs and expenses (including reasonable attorneys' fees and court costs) of any kind whatsoever which may be suffered by, accrued against, be charged to or recoverable from Licensor or any Licensor Party, arising out of any aspect or subject matter referenced in this Agreement or incurred in connection with an Event (any of the foregoing, a “Claim”), except to the extent caused solely by such Licensor or Licensor Party's gross negligence or willful misconduct.
17.4 Licensee shall further indemnify, defend and hold harmless the Event Venue and the owner of the Event Venue from all Claims.
17.5 Licensee hereby agrees to release, indemnify, hold harmless and defend Licensor, the Licensor Parties and the owner of the Event Venue from any and all claims, liabilities, losses, damages, penalties, recoveries, suits, judgments or executions, costs and expenses (including reasonable attorneys' fees and court costs) and Claims arising out of or related to any act or omission of any third party provider of Ancillary Services at the Event Venue in connection with the Event.
17.6 “Licensee Parties” shall mean any of Licensee’s affiliates, officers, members, managers, partners, owners, agents, employees, guests, invitees, customers and representatives.
18.1 Licensee's decoration of the Event Venue, if any, shall be included within the Event diagram (“Event Diagram”) and is subject to the approval of Licensor. Neither the Licensee nor any of the Licensee Parties shall install any articles of appointment (such as pictures or plants) or attach or display any signs, advertisements, or notices in or around the Event Venue without the prior written consent of Licensor.
18.2 Under no circumstance will Skyline Denver permit Licensee or any Licensee Vendor to use glitter (loose, sprayed with adhesive, attached to paper, wire, or floral, etc.) at any time in the Facility; Skyline Denver prohibits the use of glitter in any form by any means at all times. Licensee will leave the premises as found unless directed otherwise by Skyline Denver. All Licensee Vendors, including florists and décor professionals, must leave the Facility including all areas therein where their décor is displayed, in the same clean condition as provided by Skyline Denver.
18.3 Licensee and the Licensee Parties hereby waive any and all rights of recovery against Licensor for loss or damage to the Licensee’s or the Licensee Parties' articles of appointment or any items of Licensee’s or Licensee’s Parties' property, whether or not such loss or damage is caused by the negligent acts or omissions of Licensor.
18.4 Licensee shall not make any additions or alterations in or to the interior or exterior of the Event Venue or to the fixtures, furnishings and equipment therein, and, except with respect to articles of appointment permitted by Licensor, shall not install, place or cause to be placed within the Event Venue any nails, hooks, tacks, screws or other devices into parts of the Event Venue, or the fixtures and furnishings placed therein, or otherwise affix anything thereto, without the prior written consent of Licensor.
19.1 This Agreement shall be governed and construed in accordance with the laws of the State of Colorado.
19.2 This Agreement contains the entire agreement of the parties with respect to the matters provided for herein, and shall supersede any written instrument or oral agreement previously made or entered into by the parties hereto.
19.3 Licensee agrees to Licensor’s Facility Booking and Use Policies (“Policies”), as may be amended from time to time. Such Policies are subject to change without notice and current Policies are available for review at the office of Licensor.
19.4 This Agreement shall be effective upon the execution of Licensor and Licensee. Electronic and facsimile signatures shall be sufficient for all purposes.
19.5 All controlled substances, drugs, legal or illegal including marijuana, are not permitted at any time at the Event or Event Venue.
19.6 Firearms are not permitted at the Event or Event Venue at any time.
20.1 A party will be relieved of its obligations under this Agreement in the event that the performance of those obligations by that party is made illegal, abnormally difficult, impractical or impossible as a result of any event beyond the reasonable control of that party. Events that are beyond the reasonable control of a party may include, but shall not be limited to, Acts of God, war, terrorism, strikes, lockouts or other restraints of labor, embargoes, fire, flood, explosion, sale of the Event Venue, necessary and essential construction, arrest or seizure under legal process, casualties, outbreak of infectious disease, national emergency or by any other emergency which that party could not reasonably control or circumvent (each, an event of “Force Majeure”).
20.2 Provided, however, Licensee’s obligations to pay the Total Venue License Fee or Ancillary Services Fee or Security Deposit or Total Fees Due (or any other amount due by Licensee hereunder) shall not be delayed or excused as a result of an event of Force Majeure.
21.1 In no event shall Licensor or the Licensor Parties, or the owner of the Event Venue be liable for special, indirect or consequential damages resulting from any breach of this Agreement or any other action or inaction by Licensor or the Licensor Parties, regardless of whether such liability arises in breach of contract or warranty or tort, including negligence, strict or statutory liability, or any other cause of action.
21.2 The sole remedy of the Licensee on any claims resulting from a breach of this Agreement or in the event of any other liability under breach of contract, warranty, or sounding in tort or strict liability shall be limited to the “Total Fees Due” paid by Licensee under this Agreement.
Licensee shall assume full and sole responsibility for the conduct of all persons attending the Event. Licensee will be required to conduct the Event in an orderly and legal manner. Licensee shall comply with, and shall ensure compliance by Licensee, the Licensee Parties, their guests, representatives, agents, and vendors with all applicable federal, state and local laws, codes, rules, and regulations in connection with the Event.
Not adhering to the sound and light policies may result in the early closure of bar services and/or the event concluding immediately. This is at the sole discretion of the venue manager based on the allowed levels. No refunds or concessions will be extended for early closures or event conclusions by venue or any vendors.