These Policies are entered into by Johnston Style, LLC. (Johnston Style) and the Client on the date and for the duration reserved by the Client when booking with Johnston Style and confirmed through Client payment of the invoice amount.
– LICENSES & FEES
Fees; Venue, Rental Items and Services. Client shall pay to Johnston Style a Use Fee in the amount(s) as indicated in the Client reservation. The Use Fee, shall be paid at the time of reservation, and once paid, shall be non-refundable to Client, except as otherwise expressly set forth herein. Subject to the terms of this Agreement, Johnston Style hereby grants to Client, and Client hereby accepts the terms set forth herein, a license for the temporary use of the Premises for the duration and use described in the Client reservation form.
Fees; Cleaning. If Johnston Style is not returned to pre-event cleanliness as determined through the conditions assessment performed before and after the Client reservation, Client shall pay to Johnston Style a Cleaning Fee in the amount(s) of $200/hour for the duration of time it takes Johnston Style staff to clean to return the Premises or Rental Items to their pre-rental conditions as determined by Johnston Style. A minimum of a one hour will be charged to the Client for any required cleaning.
Fees; Overage. Client shall pay to Johnston Styls an Overage Fee in the amount(s) of $100/hour for any time beyond the indicated in the Client reservation. A minimum of a one hour will be charged to the Client for any Overage.
Fees; Loss & Damage. Client shall pay to Johnston Style a Loss & Damage Fee in the amount(s) equivalent to the fair market replacement cost, as determined by Johnston Style, for any lost or damaged items.
Rental Items. If selected in the Client reservation form and subject to the terms of this Agreement, Johnston Style hereby grants to Client, and Client hereby accepts the terms set forth herein, a license for the temporary use of tableware items for the duration of the Client reservation.
Cancellation. We maintain a flexible cancellation policy that allows you to reschedule or cancel for free up to 30 days prior to your event. If Client terminates this Agreement or if Johnston Style terminates this Agreement for Client default, Client acknowledges and agrees that Johnston Style shall be entitled to retain any amounts paid by the Client to Johnston Style prior to such termination as Liquidated Damages. For purposes hereof, cancellation includes changing the date of Client’s use of the Premises prior to 30 days of the rental reservation. The parties acknowledge that it would be extremely difficult to establish Johnston Style’s damages under this section so the parties agree that it is reasonable at such time to award Johnston Style the sums indicated herein as liquidated damages, and are not a penalty.
– USE OF PREMISES
Permitted Uses. Client shall use the Premises solely for the use and for the duration described in the online reservation intake form completed by the Client when securing the reservation. Client shall not do or permit anything to be done in or about the Premises that will in any way obstruct or interfere with the rights of or injure or annoy neighbors or other occupants of the building. In particular, Client shall not cause, maintain or permit any loud or obnoxious noises or other nuisance in, on or around the Premises. Client shall not do or permit anything to be done in or about the Premises and common areas that may render the insurance thereon void or increase the insurance risk thereon. If an increase in rent or any fire and extended coverage insurance premiums paid by the Johnston Style for the Building is caused by Client’s use and occupancy of the Premises, then Client shall pay as additional fees the amount of such increase to the Johnston Style.
Compliance with Laws. Client shall, at its own cost, obtain any applicable local, state and federal licenses or permits required for Client to engage in the permitted use on the Premises, including without limitation any permits required for the serving or sale of food or alcoholic beverages on the Premises. Client shall not use the Premises in any way (or permit or suffer anything to be done in or about the same) that will conflict with any law, statute, ordinance or governmental rule or regulation or any covenant, condition or restriction affecting the Premises or Building, now in force or that may hereafter be enacted or promulgated. Client shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules and regulations. Client agrees to fully indemnify Johnston Style against any liability, claims or damages arising as a result of a breach of the provisions of this section by Client, and against all costs, expenses, fines or other charges arising there from, including, without limitation, reasonable attorneys’ fees and related costs incurred by the Johnston Style in connection therewith. Client shall not use the names, logos or other proprietary designations of Johnston Style or the Premises to imply that Johnston Style is sponsoring or co-sponsoring any Event without prior written approval of Johnston Style, which approval may be withheld in Johnston Style’s sole discretion. This Agreement confers no trademark, or other, rights or licenses to Client under Johnston Style’s names, logos, or other proprietary designations or rights
– BASIC SERVICES AND UTILITIES
Basic Services to be supplied by Johnston Style. Johnston Style shall use commercially reasonable efforts to provide reasonable amounts of heat, water and electricity to the Premises, but Johnston Style shall have no liability for any interruption of utilities or other services.
Services to be supplied by Client. Unless and then only to the extent otherwise selected by the Client as part of their reservation, Client shall be responsible for all aspects of producing its Event on the Premises, including without limitation (i) catering services (including food and drinks); (ii) publicity and advertising activities, if any; and (iii) security (if any), (iv) any and all Event coordination, and (v) all rental items (including linens, glasses, china, serving bowls & flatware).
Food and Drink. Client is welcome to provide their own food and drink or select a caterer of their choosing. Johnston Style does not allow cooking on premise. Safe operations of crockpots, induction burners or chafing dishes are allowed for the purpose of reheating or keeping food warm.
– CONDITIONS OF PREMISES
Existing Condition of Premises. Before the Event, Client shall inspect the Premises and agrees to accept the use of the Premises in their “as is” condition, with all faults and shortcomings as identified in the pre-Event conditions assessment walkthrough completed by the Client, and agrees that Johnston Style shall not be held responsible for any damage to Client’s property, or any inconvenience or damage to Client’s right of occupancy, caused directly or indirectly by the existing condition of the Premises.
Client’s Obligations; Johnston Style’s Right to Make Repairs & Replacements. Client shall keep the Premises and any common areas affected by the Event in good condition and repair. Client is responsible for immediate clean-up of all spills and shall in no circumstances leave soiled areas in disrepair. At the conclusion of the Event, Client shall leave the Premises and any rented items in at least as good a condition, state of repair and cleanliness as existed upon delivery of the Premises to Client. Johnston Style shall have the right to do such acts and expend such funds at the expense of Client as are required to return the Premises to good, safe and sanitary order, condition and repair following the Event and to replace any lost or damaged items.
Client agrees to be solely responsible for and shall pay Johnston Style for any damages to the Premise that occur during the entire rental period in accordance with these terms, including damage occurring whether caused by Client or by Client’s guests, third-party staff, or third party vendors.
Damages include, but are not limited to, heavily stained upholstered items, broken furniture, rips or tears in upholstery, scratches on furniture, wax left on or tables, floors or windows, breakage of any kind, improper use resulting in damage; or other damage caused by abuse, vandalism, theft, unexplained disappearance, or shortages. Any amount so expended by Johnston Style shall be promptly charged directly to the Client and Client agrees to immediately pay the entire invoiced amount.
– CLIENT’S INSURANCE
Client is required to have commercial General Liability Insurance (or Personal Liability Insurance if Client is an individual) in the amount of not less than $20,000 each occurrence, naming Johnston Style as an additional insured by separate endorsement attached to the certificate of insurance. Client’s insurance is to be primary to and without right of contribution from similar insurance maintained by the Johnston Style. Coverage applies to (i) the Premises during the Event, (ii) operations of independent contractors engaged by Client for services on or about the Premises, and (iii) contractual liability; and if alcoholic beverages are being served at the Event, a policy covering $1,000,000 “Full Liquor Liability”; and such other insurance as Johnston Style deems reasonably necessary in light of the nature of the proposed Event.
Failure to Insure. Failure to secure such insurance entitles Johnston Style to terminate this Agreement.
Lost Items. Johnston Style does not assume liability for any personal property and equipment (“Property”) of Client, its employees, agents, contractors, volunteers, agents, patrons, guests, invitees or third party providers brought to the Premises or the theft of the Property or other losses suffered thereby, and any Property brought onto the Premises shall be at the sole risk and responsibility of the Client.
Client’s Obligation. Client agrees to indemnify, defend, and hold harmless Johnston Style and Johnston Style’s officers, employees, managers, members, representatives, agents and affiliates, from and against any and all claims, obligations, liabilities, causes of action, suits, losses and damages (together with costs and expenses incurred in connection therewith, including reasonable attorneys’ fees) for (i) the breach of this Agreement (including the Facility Use Policies) by Client or Client’s guests, invitees, agents or representatives, (ii) the negligence or willful misconduct of Client or Client’s guests, invitees, agents or representatives, or (iii) bodily injury (including death) or property damage resulting from, arising out of, or incident to acts or omissions of the Client or Client’s guests, invitees, agents or representatives.
Limitation on Johnston Style Liability. In no event will Johnston Style be liable to Client or any of its affiliates, guests, invitees or agents for any incidental, special, consequential, exemplary or indirect damages arising out of or related to this agreement (including, without limitation, any loss of revenue, profit or use) even if client has been apprised of the likelihood of such damages. Further, in no event will Johnston Style’s liability exceed the actual amount paid by client under this agreement.
Force Majeure. Fire, flood, epidemic or other causes beyond the reasonable control of the parties that prevent any party from performing any obligation hereunder will suspend the affected party’s obligation to perform during the period required to remove such cause. The party suffering such Event will promptly notify the other party and if the period of suspension would last longer than 30 days, then such party shall provide the other with a written risk mitigation plan to reasonably continue performing within 30 days.
Notices. Any notice, request, demand, or other communication required or permitted by this Agreement that is addressed as provided below will be deemed properly given (a) when actually delivered if delivered personally; or (b) if sent by certified mail, or overnight courier or express mail, return receipt requested, when the return receipt indicates delivery was made. Addresses for notice appear in the Summary of Terms, and either party may change its address for notice by providing notice to the other.
Independent Status. There is no relationship of partnership, joint venture, employment, franchise or agency between the parties. Except as expressly provided in this Agreement, neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
Entire Agreement; Amendment; No Waiver; Counterparts. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof. All previous agreements and understandings between the parties regarding the subject matter of this Agreement are hereby superseded. This Agreement may be modified only by an agreement of the parties in writing. Failure of either party to exercise promptly any right granted by this Agreement, or to require strict performance of any obligation undertaken by the other party pursuant to this Agreement, will not be deemed to be a waiver of such right or of the right to demand subsequent performance of any and all such obligations undertaken by the other party. This Agreement may be agreed to in counterparts, each of which taken together shall constitute one in the same instrument.
Assignment. Johnston Style may assign its rights or delegate its duties under this Agreement to any other person or entity without the prior written consent of Client. Client may not assign its rights or delegate its duties under this Agreement without the prior written consent of Johnston Style.
Governing Law; Dispute Resolution. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon, without regard to its conflicts of laws principles. The courts of the State of Oregon and the Federal courts located in Clackamas County, City of West Linn shall have sole and exclusive jurisdiction over any action under or arising out of this Agreement, and the parties waive any defense of lack of personal jurisdiction to any action based on a breach of this Agreement. In any action at law or in equity to enforce any of the provisions of this Agreement or an action based on a breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which it may be entitled.
General Photo Release. Client agrees (with previous consent of management) that Johnston Style may take images of the Event and, if applicable, hereby grants to Johnston Style a non-exclusive royalty-free license to use other images of the Event for Johnston Style’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion. Client hereby waives any right to payment, royalties or any other consideration for Johnston Style’s use of such images. Client further waives the right to inspect or approve the use of such images, including those images in which Client’s likeness appears. Client hereby agrees to release and hold Johnston Style harmless from all claims, demands, and causes of action which Johnston Style, its contractors, and their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client’s estates have or may have by reason of this authorization.
– OPTIONAL TABLEWARE ADD-ON
Johnston Style role is to provide temporary use of tableware items included in Johnston Style’s inventory. The Client is responsible for clean-up of all items. All Client damage policies still apply.
Substitutions by Johnston Style. Johnston Style reserves the right to make reasonable substitutions of Rental Items, when necessary, and shall inform Client of such substitutions prior to the Event when possible.
Return Condition. Following the event, Client shall clean and return all Rental Items to their pre-event condition. Client shall clean and sanitize all food-related Rental Items (such as plates, glasses, china, serving bowls and flatware, serving dishes, cake pedestals, etc.) following the Event; failure to do so shall result a cleaning fee as determined at Johnston Style’s sole discretion.
Missing Items. Johnston Style will make reasonable efforts to locate missing Rental Items at the completion of the event. If Rental Items are not found in the designated location, including any packaging and crates, Client will be charged fair market replacement costs plus ten percent (10%) for missing items.
– OPTIONAL EVENT CLEAN-UP ADD-ON
Johnston Style’s role is to provide cleaning of the Venue and all Rental items (if any). The Client is responsible for immediate clean-up of all spills and shall not leave these for Johnston Style. All Client damage policies still apply.
– FACILITY USE POLICIES
Alcohol. Client may bring and consume outside alcohol. The commercial serving of alcoholic beverages is only permitted if the Client secures proper permits.
Animals. No animals, except those specifically trained to assist the disabled, are permitted in the space.
Audio/Visual. Audio and visual equipment are permitted but may not interfere with any of the other uses or tenants of the building.
Branding. Branding logos or images with the use of light is permitted only inside walls of Johnston Style. It is not permitted on the outside walls of the Premise.
Candles. Any use of candles must be approved in advance by Johnston Style. If permitted, all candles must be monitored by the Client and contained within a glass container. The flame must not reach higher than two inches below the height of the glass.
Cooking. No cooking is permitted indoors. Warming devices are permitted with prior approval.
Grills, Open Flame. The use of all open flame, liquid propane gas and compressed natural gas are prohibited inside Johnston Style and on the Building grounds.
Event Ending Time. All Events must end by, and all guests must have departed, all cleaning must be complete by predetermined Event end time. This includes Client items, including but not limited to rentals, decorations, and catering equipment must be removed by the end of Event.
Decorations. Decoration is limited to the interior of Johnston Style, and shall adhere to the requirements set forth in the most recent editions of the appropriate Fire and Building Codes for activities involving public assembly. All decorations must be removed from Johnston Style without leaving damages by the predetermined Event end time. Any remaining items will be removed and assessed a clean-up fee of $200 per hour.
All other decoration must be freestanding. No adhesive material of any kind is allowed to be fixed to the walls or floors, furniture or any surface. Nails and staples of any kind are not permitted.
The use of birdseed, rice, confetti, flower petals, balloons, glitter, fog machines, pyrotechnics, sparklers and blowing bubbles are not permitted.
Disabled Access. The facility is accessible for the disabled but has not been deemed ADA certified.
Emergencies. For emergency assistance call 911.
Equipment. Johnston Style is rented fully furnished. Under no circumstances should furniture be removed from the Premise. Johnston Style’s kitchenette does include equipment such as stoves, ovens, microwaves, pots and pans. Fire Regulations. All exits must remain clear at all times and emergency exit signs must not be obscured from view.
Internet. Wireless Internet connectivity is provided inside Johnston Style.
Liquor / Beverages / Illegal Substances. Alcohol may not be served to minors. At any time, if Johnston Style staff deems alcohol consumption to be excessive, the staff has the authority to close down all alcohol service and/or evict inebriated guests from Johnston Style.
Images. Prior written approval is required for any commercial use of Johnston Style branding and images.
Lost and Found. If guests have left behind personal items not found during clearing, please Client shall contact Johnston Style to set up a time to retrieve items, if they have been found. Johnston Style is not responsible for such personal property and will not hold any items for more than 1 week.
Music. Amplified music is not permitted within Johnston Style. Johnston Style reserves the right to request a demonstration of music volume levels prior to the Event and enforce or request changes to volume levels in its sole discretion.
Rental Period; Overtime Charges. Rental rates are based on an agreed upon rental period. The rental period is inclusive of set up and decorating, the actual Event, and removal of persons, personal belongings, cleaning of the Premise and any rental items and display materials to the condition they were at the start of the rental. Additional hours may be purchased based on availability. Additional hours will be charged at the appropriate overtime rate. This fee will be charged in one hour increments. Fee is $100/hr. for any overtime that occurs.
Parking. Non-exclusive public street parking surrounds Johnston Style.
Pre-Event Venue Condition Assessment. Client or the Client’s delegated representative, is required to attend a pre-Event conditions assessment walk-through with Johnston Style’s staff five minutes prior to the rental start start time. During this assessment, the existing Venue condition will be recorded through completion of a pre-event condition assessment form and through the photographs taken by Johnston Style. Client agrees to return Johnston Style to the pre-event condition by the designated rental end time. If Client purchases the Event Clean-Up Add-On, the Client is not required to complete cleaning. Client is always responsible for Venue damage.
Post-Event Venue Condition Assessment. Client or the Client’s delegated representative, is required to attend a post-Event conditions assessment walk-through with Johnston Style’s staff at the rental end time. During this assessment, the Venue condition will be recorded through completion of a post-event condition assessment form and through the photographs taken by Johnston Style. The post-Event Venue condition will be compared to the pre-Event condition and Client charges shall be assessed according to the necessary cleaning and cleaning, repairs and replacements required to return the Venue to its pre-Event condition. Johnston Style shall promptly charge directly to the Client and Client agrees to immediately pay the entire invoiced amount.
If Client purchases the Event Clean-Up Add-On, the Client is still required to attend the post-Event assessment walk-through and shall be responsible for all necessary repairs and replacements. If Client fails to attend the post-Event conditions assessment walk-through, Client agrees that Tendue shall be solely responsible for determining the post-event condition and associated Client charges.
Security. Security staff is not provided.
Signage. All signage must be freestanding. Nails and staples of any kind are not permitted. No signage or other props may be hung in hallways or entrance door.
Smoking. Johnston Style is a non-smoking venue.
Set-up Client shall provide all other equipment. Any equipment brought into Johnston Style for an Event must be removed from Johnston Style by the end of the Event.
Johnston Style Staff. Events are not staffed by Johnston Style during the event. Johnston Style’s staff persons are not available to lift, carry, load and unload, or move anything that is not Johnston Style property. In addition, Johnston Style’s staff are not responsible for any Event coordination or vendor management.
Subcontractors. All subcontractors must remove all equipment, boxes, trash, recycling, etc. at the end of the Event. No on-site storage is available during the Event for any subcontractor supplies.
Trash. Client is responsible for the collection and removal of all trash, garbage, compost, recyclables and waste products, including all debris generated by load-in and load-out process. On-site disposal is available at the Building. Client shall only dispose of trash in the designated trash area.