SPECIAL EVENT RENTAL AGREEMENT
1. THIS SPECIAL EVENT RENTAL AGREEMENT (â€śAgreementâ€ť) is made as of by and between (â€śCustomerâ€ť) and UESUGI FARMS INCORPORATED, a California corporation. (â€śSpina Farms Pumpkin Patchâ€ť)
2. FACILITIES. Subject to the terms, covenants and conditions set forth in this Agreement, Uesugi Farms agrees to provide for customerâ€™s use our facility commonly known as the PARTY TENT area of Uesugiâ€™s â€śSpina Farms Pumpkin Patchâ€ť located at the corner of Santa Teresa Blvd and Bailey Ave, in San Jose, California (â€śFacilityâ€ť). Park and designated facility for a total of people.
3. DATE. Customerâ€™s use of the Facilities shall be for a period commencing at until (2 hours minimum) on (â€śTermâ€ť).
4. ADDITIONAL USE: In addition, Customer and guests shall be provided with the following requested and indicated as follows:
- Party Tent
- 4-Picnic tables
- Ticket Information, Per Party Reservation Form
5. USE OF FACILITIES. Customer and guests shall gain entry to the facility attractions via tickets provided by Spina Farms Pumpkin Patch.
5a. The Facilities are designated as an alcohol, drug and tobacco free location. Drug use and smoking on site are prohibited.
5b. Spina Farms Pumpkin Patch reserves the right to refuse admission to or allow continued use of the Facilities by any guest who, in Spina Farms Pumpkin Patchâ€™s estimation, has violated the rules as stated herein and posted onsite.
5c. The Spina Farms Pumpkin Patch premises shall continue to be opened to the general public and under normal operating hours.
5d. Customer and guests shall completely vacate the PARTY TENT area upon expiration of the Term of hours from the scheduled start time. Access to the overall Pumpkin Patch facilities beyond the Term shall be allowed only to those individuals paying the regular attraction admission fees as posted. No general admission fee is charged.
5e. If Customer intends to use the PARTY TENT area for a minor’s party, Customer agrees to include at least one adult for every five children under the age of 16 to supervise such minors during the entire stay on the premises.
5f. ANCILLARY SERVICES. The following ancillary services shall be provided in conjunction with the use of the Facilities:
5g. Party Pinatas, Jump houses/other party equipment will not be permitted.
6. Customer agrees to pay non-refundable DEPOSIT, in the amount of $75.00 (or 50% of the total Tent Reservation fee) to Uesugi Farms, Inc. (â€śSpina Farms Pumpkin Patchâ€ť) to secure time-slot. Customer agrees to pay REMAINDER of fees for use of the PARTY TENT and for any ancillary services provided under this Agreement at the time of arrival. The fees due under this Agreement shall be paid as follows: Cash, Credit/Debit, or Check.
Customer on behalf of himself, his heirs, and his guests expressly agrees to accept and assume all the risks of engaging in the use of this facility.
7. EXCULPATION AND INDEMNITY OF UESUGI FARMS.
7a. Customerâ€™s Indemnity. Customer, on behalf of himself and his guests, shall indemnify, hold harmless and defend Uesugi Farms, Inc. (â€śSpina Farms Pumpkin Patchâ€ť), and its shareholders, directors, officers, agents, or employees, (â€śIndemniteesâ€ť) from any claims, losses, liabilities, penalties, damages, expenses (including reasonable attorneysâ€™ fees and court costs) (collectively â€śClaimsâ€ť) and from any liability to any person, on account of any damage or injury to person on or about the Facilities during the Term, including but not limited to, any Claims arising out of or with respect to any failure of Customer to perform and comply in any respect with any of the requirements and provisions of this Agreement, or any act or omission of Customer guests arising from Customerâ€™s use of the Facilities.
7b. Exculpation of Uesugi Farms, Inc. Uesugi Farms, Inc. (â€śSpina Farms Pumpkin Patchâ€ť) shall not be liable to Customer or Customer’s guests for any damage or injury to Customer or Customer’s guests, other than any damage directly resulting from the intentional torts, gross negligence or willful misconduct of Uesugi Farms (â€śSpina Farms Pumpkin Patchâ€ť) or its owners, agents and employees. Customer waives all such Claims against Uesugi Farms.
7c. ASSIGNMENT. This Agreement may not be assigned by Customer without the prior written consent of Uesugi Farms, (â€śSpina Farms Pumpkin Patchâ€ť) which consent may be withheld or given in Uesugi Farmsâ€™ (â€śSpina Farms Pumpkin Patchâ€ť) sole discretion.
8a. Attorneysâ€™ Fees. In the event Uesugi Farms (â€śSpina Farms Pumpkin Patchâ€ť) or Customer shall bring any action or legal proceeding regarding any term of this Agreement, the prevailing party shall be entitled to recover reasonable attorneysâ€™ fees.
8b. Severability. Should any provision of this Agreement prove to be invalid or illegal, such invalidity shall in no way affect, impair or invalidate any other provision hereof and such remaining provisions shall remain in full force and effect.
8c. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any court action shall be the Superior Court of the State of California, Santa Clara County and nowhere else.
8d. Construction. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against either Uesugi Farms (â€śSpina Farms Pumpkin Patchâ€ť) or Customer.
8e. Entire Agreement. The Agreement and the exhibits attached hereto constitute the entire agreement between the parties, and there are no binding agreements or representations between the parties except as set forth in this Agreement. No subsequent change or addition to this Agreement shall be binding unless in writing and signed by the parties hereto.
8f. Survival. The provisions of this Agreement with respect to representations, warranties and indemnification, shall survive the termination of this Agreement and shall be enforceable in accordance with their terms, covenants and conditions.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above.
UESUGI FARMS INCORPORATED, a California corporation