Terms & Conditions
FACILITY USE AGREEMENT
This Facility Use Agreement (the “Agreement”) is entered into by and between Inner Vibe Collective, LLC, a Nebraska limited liability company (“IVC”) and (the “Client”), whose name and address are outlined in the Confirmation Email for use of IVC’s facility located at 1001 Farnam Street, Lower Level Suite 3, Omaha, NE 68102 (the “Facility”) and services in connection therewith which are specifically enumerated in this Agreement.
In consideration of the foregoing and the payments and other mutual promises set out below, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Facility Use and Services
IVC hereby grants to the Client a limited and revocable license to use the Facility for Client’s Booking, subject to the terms hereof.
Permitted Use
The Client is authorized to use the Facility for the Booking and for no other purpose. The Client may not use the Facility in any manner that would render the insurance for the Facility void or which may result in increased insurance premiums for IVC. The Client is further restricted to the use of only such parts of the Facility as are described in the Booking Confirmation. The Client will not be granted access to any portion of the Facility not set forth in the Booking Confirmation.
Venue Rental Fee
The Venue Retnal Fee (the “VRF”) includes any services provided by Inner Vibe Collective hereunder and all items, equipment, and/or personal property rented to the Client.
Payment of the VRF shall be as follows:
Client will pay the VRF in full upon execution of this Agreement. If, on Client’s Booking date, the client extends their Booking for any reason, Client will be charged 1.5x the hourly rate.
If the Client fails to pay the VRF or otherwise cancels the reservation for any reason, IVC may unilaterally terminate this Agreement, revoke the license granted herein, and keep any sums paid by the Client up to the date of termination as liquidated damages. The parties hereby agree that such amount is a fair and reasonable estimate of the total detriment and damages that IVC would suffer in the event the Client fails to make full and timely payment of the VRF or cancels the booking for any reason.
Cancellation & Rescheduling
If the Booking is cancelled by Client more than 24 hours after execution of this Agreement, all fees will be fully refunded. Cancellation by Client less than 24 hours after execution of this Agreement will result in forfeiture of the VRF. If the Booking is cancelled more than 24 hours before the scheduled start time of Booking, the VRF can instead be applied to a new date, subject to Company availability and at Company’s discretion. If the Booking is cancelled less than 24 hours before the scheduled start time of Booking, the 30% of the VRF will be fully forfeited. The remaining VRF can be applied to a new date, subject to Company availability and at Company’s discretion.
Alternate Booking Date
In the event that IVC is unable to make the Facility available to Client on the Booking Date, Client will have the option of choosing an alternate date to hold the Booking(“Alternate Booking Date”). If Client selects an Alternate Booking Date that is reasonably acceptable to IVC, then the Alternate Booking Date will replace the Booking Date for the purposes of this Agreement and this Agreement as modified will remain binding on both parties. If Client and IVC cannot agree on an Alternate Booking Date within 10 days of Company notifying Client of the unavailability of the Property, then Company will refund to Client the full amount of the Booking Fee. In neither case will Company be liable for any additional costs or damages suffered by Client arising out of a rescheduling or cancellation of the Booking pursuant to this section.
Credit Card Guarantee
The Client agrees to provide a valid credit number (and other customary information required to process a credit card transaction) to IVC upon execution of this Agreement. The Client hereby authorizes IVC to charge any fees, costs, expenses or charges incurred under this Agreement, or any other sums due hereunder, to the credit card IVC has on file for the Client in the event that repair and/or excessive cleaning is required (in the sole discretion of IVC) after the Booking to return the Facility to such condition as it existed prior to the Booking.
Termination and Revocation of License
IVC shall have the right to immediately terminate this Agreement and revoke the Client’s license to use the Facility at any time prior to the Booking Date due to nonpayment of any VRF, Client’s other breach of this Agreement, or if Client intends to use the Facility for a purpose IVC finds inappropriate in its sole discretion.
Booking Capacity
The total number of guests in the space at one time during the booking will not exceed the capacity detailed on the Client’s Booking Confirmation (the “Total Booking Capacity” or “TBC”). The TBC includes all persons at the Booking, i.e., all guests, vendors, photographers, Company personnel, and any other persons present at the Booking. Any individuals on site outside of the approved guests will be charged at $100/head per hour. IVC reserves the right to refuse admission to the Facility to all persons in excess of the TBC.
Authorized Access Codes And Guest Entrances Within 12 hours of booking, The Client will receive an email and a text message containing a unique numeric code to be used for door access into the Facility. This code will be active for 30 minutes prior to and 30 minutes after the end of the booked time. In the event of any challenges with using the code, The Client is to contact management via phone provided in the confirmation email.
Ingress and Egress
All portions of the entrances, passages, vestibules, halls, and all ways of access to public utilities on the Facility grounds will be kept unobstructed by the Client and will not be used for any purpose other than ingress or egress to, from, and within the Facility.
The main entrance doors automatically lock after 6:00pm daily. For all events held past 6:00pm The Client Agrees to provide an On-Site Contact as described in the next paragraph. Entrances at the back of the building remain locked at all times. Client is permitted to use the back-entrance stairwell and exit doors for the sole purpose of loading and unloading for set-up and tear-down only. An on-site contact as described in the next paragraph, shall remain present at the back entrance to ensure safe pass-through during loading and unloading. For safety, children are not allowed in the stairwell. If it is found that this safety rule is violated, IVC may unilaterally terminate this Agreement, revoke the license granted herein, and keep any sums paid by the Client up to the date of termination as liquidated damages.
On-Site Contact
The Client must retain and appoint an on-site contact for the Booking. The on-site contact(s) must be specified on the Booking Confirmation and must be on-site at the Facility throughout the Booking and will be responsible for Booking setup, coordination, management, tear down, and cleanup in accordance with IVC’s check in / check out sheet, and in support of IVC personnel. On-Site Contact shall also be appointed and responsible to manage guest-access by providing phone communication with and greet their guests for entry at the front main entrance of the building (this applies for events booked at and after 6:00pm, at which time the doors automatically lock). On-site contact must be age 18 or older. Children are not permitted to carry out any responsibility of the On-Site Contact at no time.
Use and Return of the Facility
IVC will make the Facility available to the Client on the Booking Date in conformance with the specifications set forth in the Confirmation Email. The Facility will be provided as-is. IVC makes no representations or warranties regarding the suitability of the Facility for the Client’s intended use. IVC makes no warranties (express, implied, or statutory) as to any matter whatsoever addressed in this Agreement, including the provision of services by IVC, the condition of the Facility, its merchantability, its capacity, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts.
The Client will leave the Facility in the same or similar condition as it was delivered to the Client. Any outside materials brought to the Facility by the Client or any third party on the Client’s behalf must be removed by the end of the contracted Booking. If applicable, the Client will return all rented equipment and personal property in the same condition as it was provided to the Client.
Damages
The Client shall be responsible for any damage caused to the Facility beyond ordinary wear and tear. If the Facility is not left in the same condition, the Client’s credit card on file will be charged a $300 cleaning fee, plus any additional applicable expenses.
The Client will also be responsible for all consequential damages that may result in IVC’s inability to operate.
The Client hereby authorizes IVC to charge the Client’s credit card on file for any and all amounts due under this section.
Prohibited Items
The following are prohibited at the Facility: (i) nails, staples, glues, screws, tacks, or the like on the walls, ceilings, or floors; (ii) holes in the walls, partitions, ceiling, or floors; (iii) painting of any signs, placards, or other advertising, banners, pennants, awnings, or the like; (iv) sparklers, fireworks, or pyrotechnics of any sort; (v) hazardous, poisonous, or flammable materials; (vi) open flames, grills, or heating elements of any kind, (vii) glitter, rice, bird seed, or silly string.
Food & Beverage
Client may bring pre-made outside food. Any deliveries and pickups must be scheduled during the Booking and must be made at designated access points only.
Any Food left in the facility will be discarded and cleaning fees may apply for removal of foods. Trash bags are provided, can be filled and placed near the entrance door for the janitor to retrieve.
Safety and Security
The Client agrees and is required to provide legal names, email addresses and active phone numbers for guests who are booked with the Client during Co-working sessions and Private Office Suite rentals.
Any disorderly conduct during the Booking will be grounds for immediate termination of the Booking. IVC reserves the right, but assumes no duty or obligation, to take any necessary action, including termination of the Booking, to protect the safety and well-being of the Facility and all guests and personnel at the Booking. The Client will ensure that the Booking is operated in a safe and secure manner at all times. Children 16 years or younger are permitted to be present in the Facility for the following bookings and must be supervised and accompanied by an adult at all times: Showers, Game Nights, Family-friendly workshops, Movie Nights, Jam Sessions, Music lessons, Art and Craft events, Pop-ups, and Celebrations. Bookings for Trainings, Co-working, Private office suite rentals, are reserved for adults age 18 and older.
IVC reserves the right, but assumes no duty or obligation, to refuse admission to any person into the Facility or to eject any person from the Facility whom it believes, in its sole judgment, may cause disruption, disturbances, endanger life, or cause bodily injury or in any way affect the safety and security of the Facility, IVC’s employees, staff, personnel, or the Client's guests. The Client, on behalf of itself and its guests, hereby waives any and all claims for damages against IVC, its officers, agents, employees, and contractors, resulting from the exercise of this authority.
IVC is not responsible for the loss, theft, misuse, or damage of or to the personal or organizational property of the Client or the Client’s guests. IVC is hereby authorized to remove from the Facility, and to dispose of in any manner it deems advisable, any goods, equipment, or other property which remains in the Facility after the completion of the Booking. IVC will not be liable for any damage to or loss of any such property, and IVC, its agents, employees, and contractors are hereby expressly released from any and all claims for any such loss or damage.
Media Capture
Client grants IVC the right to capture behind the scenes of the Photo Shoot in photos, audio, and video and to use the resulting captures in connection with Company’s marketing, promotions, and portfolio. Client agrees Company will have the perpetual, irrevocable, right and license to reproduce and display the captures in all formats and media in connection with Company’s marketing, promotions, and portfolio. Any such use will be subject to Company obtaining necessary rights and releases from those appearing in the captures and will always have credit given.
Media Share
Client grants IVC the perpetual, irrevocable, right and license to reproduce and display photographs, audio and video recordings that Client creates or owns from the Photo Shoot and delivers to Company for this purpose, or that Client displays, performs, or shares publicly. Company may only exercise the foregoing rights in connection with Company’s marketing, promotions, and portfolio and will properly credit Renter in connection therewith. Client represents and warrants that Client has all necessary rights from those appearing in the photos and recordings, owns all rights in and to the photos and recordings, and Company’s use of said photos and recordings will not violate any third party’s rights.
Age of Models
Client is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. IVC has no responsibility to determine or verify the age of participants in the Booking activities, but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18, and to end the Booking if IVC becomes aware that legal age violations are occurring. IVC is not liable in the case of an invalid identification or any other form of age verification.
Equipment Damage or Loss
The Client is responsible for all loss, damage, or destruction of IVC equipment or personal property provided for the Booking. The Client will be responsible for the replacement cost value or repair cost of the equipment. The Client will also compensate IVC for the loss of use of any equipment during the time it is being repaired or replaced. The Client is not responsible for loss or damage to equipment caused by IVC’s sole negligence or misconduct.
Independent Service Providers
The Client hereby agrees to indemnify, defend and hold harmless IVC, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns, from any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to any damage or injury (including death) to any person or the Facility caused by any independent service provider hired or employed by the Client to provide services for the Booking, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, or agents.
Control of Facility – Not a Lease
This Agreement is not a lease. Nothing in this Agreement will be construed to entitle the Client to any right of possession or control of the Facility. IVC reserves the right to possess and manage the entire Facility and to enforce all necessary rules for the management of the Facility. IVC will have the right to enter the Facility grounds at any time for any reason. A representative of IVC may be at the Facility throughout the Booking.
Indemnification
In addition to (and not in lieu of) the indemnification above, the Client agrees to indemnify, defend and hold harmless IVC, its affiliates, officers, directors, employees, agents, contractors, successors, and assigns, from and against any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to the Client’s actions or inactions under this Agreement and/or the Client’s use of the Facility, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, guests, or agents. The Client will immediately notify IVC of any instance giving rise to the foregoing indemnification including damage or injury of which it has knowledge in, to, or near the Facility, regardless of the cause of such damage or injury.
Client and anyone claiming through or under Client, by way of subrogation or otherwise, releases IVC and its affiliates, officers, directors, employees, agents, successors, and assigns from any and all liability or responsibility for any loss, claim, or damage to person or property, even if IVC was aware of such liability or such casualty was caused by the fault or negligence of IVC.
Compliance with Laws, Policies, and Procedures
The Client will comply with all applicable city, state, and federal laws, including rules and regulations prescribed by the Omaha Fire Department, Omaha Building Department, Omaha Police Department, Omaha Health Department, and all rules and policies set forth by IVC as they pertain to the Facility. The Client will not use the Facility or any part thereof for any unlawful or immoral purpose or in any manner so as to injure person or property in, on, or near the Facility. The Client will obtain and maintain all necessary permits, licenses, and other forms of authorization necessary to use the Facility as permitted hereunder.
Representations
Each party represents and warrants that it has full and complete authority to enter into, execute, and perform this Agreement. Each individual signing on behalf of an entity represents and warrants that he/she has full and complete authority to enter into and execute this Agreement on behalf of that entity. Each party acknowledges that it has read and understands all the provisions of this Agreement, and that such provisions are reasonable and enforceable.
Time to Bring Action
No action against IVC, regardless of the theory of recovery, may be brought unless the action is commenced within 3 months after the occurrence causing the loss or damage.
Entire Agreement
This Agreement and the Booking Confirmation constitute the entire agreement between the parties regarding their subject matter, and supersede any prior understanding or representation, oral or written, regarding said subject matter. This Agreement may only be modified in a writing signed by both parties. The Client may not assign or transfer its rights or obligations under this Agreement without prior written consent of IVC. If any part of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be limited so as to be valid and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by the laws of the State of Nebraska and the parties hereby submit to the exclusive jurisdiction of the courts located in Omaha, Nebraska. In the event of any dispute hereunder, IVC may recover its reasonable attorneys’ fees and costs. Notwithstanding which party drafted this Agreement, its interpretation will not be construed against either party. This Agreement may be executed in counterparts and digital copies, each of which will be an original and all of which will constitute a single instrument.