DATE IS NOT CONFIRMED UNTIL A 25% VENUE DEPOSIT, CONTRACT AND CREDIT CARD AUTHORIZATION FORM HAVE BEEN RECEIVED.

Upon receipt of fees, they are considered earned and are non-refundable, regardless if the event has been postponed, cancelled, or otherwise changed for any reason. If the event is cancelled, moved, postponed or changed, 100% of the balance will be due 30 days before the original event date. If the event is re-booked for a date later than the original event date, the balance is due 30 days prior to the new scheduled event date. A new contract and deposit will be required for the new scheduled event date. If Avon Acres is able to book the original event date, you will only be responsible for the deposit for the original event date. Avon Acres will use reasonable efforts to try to book another event for the original event date.

AVON ACRES HEREBY AGREES:

To permit Client, upon the faithful performance of the terms and covenants of this rental agreement, to peaceable and quietly have, hold and enjoy the use of said premises for the purpose and for the term aforesaid. Client/client’s vendors are responsible for any mess created or damages caused during the rental of the building.

CATERING AND VENDORS:

All catering and vendors must be approved through Avon Acres. Caterers will be charged a $2.00 per person fee for the use of our catering kitchen. This off list catering fee will be calculated based on the number of people who attend the event. Avon Acres must approve the catering company and receive a copy of the caterer’s certificate of insurance, health department score, and catering license at least 30 days prior to the event date.

Caterers must thoroughly clean, sweep and mop the kitchen and  work  area,  as  well  as remove  trash,  water,  and/or  ice  prior  to  leaving  the  premises. A $500 clean-up fee will apply to those who  do  not  comply. If Client chooses to use one of our family of caterers (Central BBQ Catering , Pink Flamingo Catering, Food for Thought, Coletta’s, Big Momma’s and Granny’s, Draper’s Catering of Memphis, Sunrise901.com –  Catering  from Sunrise  is  temporarily  limited  to  breakfast  service  only.  Email  ross.vego@sunrise901.com to learn more, and 117prime.com) the $2.00/person fee is waived.

RENTAL DEPOSIT:

The deposit paid is non-refundable and payable upon signing of this Contract. No later than 30 days before the Client’s scheduled use of the building, Client shall pay the balance in full. The deposit and balance payment shall ensure that the Client has access to Avon Acres the day of the event and for the hours specified only. Prior arrangements may be made with Avon Acres concerning after hour appointments and/or special deliveries before the event date. Fees will apply.

ACTS OF GOD AND/OR NATURE:

Upon the occurrence of a Force Majeure Event (as hereinafter defined), or the occurrence of any other events beyond Avon Acres’ control, that prevents Avon Acres from performing its obligations under this Contract, then Avon Acres shall not be obligated to perform its obligations under this Agreement on the date(s) scheduled for the event, and shall not be obligated to refund the fees and deposits paid for the event; provided, however, Avon Acres shall reasonably cooperate with Client upon the occurrence of a Force Majeure Event, if possible, to enable Client to reschedule the event for a future date reasonably acceptable to both Parties and the fees and deposits previously paid by Client shall be allowed as a credit against the cost of the future scheduled event. For purposes of this Agreement, a Force Majeure Event shall mean all acts of God, natural disasters, federal, state or local governmental regulations, laws or ordinances, unforeseen accidents, fire, flood, acts of war, acts of civil disobedience; acts of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions.

DAMAGE DEPOSIT:

Client will be held financially responsible for any and all damages to Avon Acres or any of the respective personal property or buildings resulting from misuse, negligence, illegal activities, inappropriate behavior or actions, whether committed by the Client, guest, caterers, musicians or any other person on the grounds on the date of the event. Glitter, confetti, rice, balloons and/or birdseed are not allowed inside the gates of the facility. Open flames are approved with PERMISSION only. A $2,000 fee will apply to those who do not comply.

RENTALS:

The rental of the building includes the following:   30 seventy-two inch tables with white, black or ivory linens, 13 bistro tables, 5 eight feet buffet tables, 2 six feet buffet tables, and

300 white chairs or 300 Gold chiavari chairs.    Any additional rentals will be handled through the client with licensed and insured vendors.  Client must provide list of vendors

a minimum of 30 days prior to event. Outside vendors will be required to provide Avon Acres with a certificate of insurance and business license.

DURATION:

Maximum event duration time is limited to 5 hours. In addition, Avon Acres will allow 5 hours for set up before the event and 2 hours after the event for vendors to remove their equipment and related items. Overtime charges will be billed in 30 minute increments and assessed at $300 per hour.

ALCOHOLIC BEVERAGES:

Client may provide and bring in their own alcohol. Client must use Avon Acres approved bartenders booked through a catering or bartending service that carries liquor liability insurance and can provide a Certificate of Liquor Liability insurance listing Avon Acres as an additional insured. Clients may not charge for liquor or host a cash bar at an event and Client has received written consent from Avon Acres management. Should minors consume any alcohol or any guest become unruly, the Avon Acres reserves the right to close the bar immediately or to terminate the function entirely at the Client’s expense. Before such a decision is made the client must be advised and given the opportunity to rectify the situation. Client shall indemnify and hold Avon Acres and its owners, employees, agents and independent contractors harmless from any liability or damages arising from any minor’s consumption of alcohol at the Client’s event.

COVER CHARGE:

Clients may not charge an event or entrance fee on Avon Acres premises unless the event was booked as a public event, additional charges have been applied, and Client has received written consent from Avon Acres management.

REHEARSALS:

If the client has rented Avon Acres for both a ceremony and reception, Avon Acres agrees to host a two hour rehearsal at no additional cost prior to the contracted event date. Rehearsals will be scheduled to end no later than noon, unless otherwise approved or required by Avon Acres. Avon Acres reserves the right to schedule rehearsals based on the availability of the venue. Any client on any date may be required to accommodate a two hour rehearsal for another client.

RELEASE:

If the client desires to serve alcoholic beverages on the premises of Avon Acres, the Client understands, affirmatively acknowledges, and expressly agrees that Avon Acres shall be indemnified and held harmless for any liability arising from the consumption of any alcoholic beverages on Avon Acres premises, whether said consumption is that of the Client, guests, caterers, musicians, or any other person(s) on the premises on the date of the event and despite whether the accident or occasion giving rise to liability occurs on or off the premises of Avon Acres.

DAMAGE:

The Client agrees to pay for all losses due to theft, breakage, damage or lost revenue created by the client, their guest or hired vendors use or misuse. The affixing of anything to the walls or ceilings is not permitted unless approved by Avon Acres management. Avon Acres reserves the right to exclude or eject any and all persons that cause or give the impression of planning to cause damage to the property. Avon Acres will not be responsible for the damage or loss of any merchandise or articles left at Avon Acres prior to or following the event. The Client upon commencement of the event, shall assume full responsibility for the property or inventory of Avon Acres and understands that they will be charged for any of Avon Acres’ property that is not promptly returned or is damaged while in the care, custody or control of the Client.

SECURITY:

For all events at Avon Acres, security is required and provided by Avon Acres. For events with 300 guests and under, one  (1)  armed security guard is required.  Events of 300 or more guests require more than one security guard and an additional fee is required. For public events, one (1) armed security guard is required per 100 guests. Security will be present when the event starts and remain until the last guest has left. Avon Acres has the right to increase the number of security officers  for  any  event.  Additional charges will apply.

INDEMNIFICATION:

Client agrees to fully defend, indemnify and hold harmless Avon Acres and its officers, directors, partner agents, members, employees, from and against any and all demands, suits, claims, costs, attorney’s fees and damages of all kinds and nature to persons or property, losses and liabilities, including but not limited to, personal injury, illness, death, and property damage, arising out of or related to, in whole or part, the acts or omissions of Client, any invitee, guest or agent of Client or any caterer or vendor or independent contractor hired by Client in attendance at Avon Acres for the event. Avon Acres agrees to indemnify and hold harmless Client from and against any and all demands, suits, claims, costs, attorney’s fees and damages arising out of the acts or omissions of Avon Acres or any of its agents.

BINDING EFFECT/AMENDMENTS:

This contract is binding on all successors and assigns of the parties. If any provision of this contract is found to be illegal or unenforceable, it shall be served, with the remaining provisions given full force and effect. The contract is fully integrated; contents may only be modified in writing signed by both parties. This Contract shall be governed by the laws of the State of Tennessee. Any action, suit or other proceeding related to the event or this contract shall be brought exclusively in the courts of the State the event has taken place in. Facsimile and scanned signatures shall be effective as originals. The person signing this agreement warrants and represents that he/she is authorized by the organization to legally bind the organization to the terms and conditions in this agreement.

PAYMENT:

Avon Acres does not direct bill. Final payment is due 30 days before the event date. For late payments, there will be an additional fee added to the unpaid balance which is

calculated at 10% of the remaining balance. This fee and the unpaid balance will be due immediately. All payments made after the due date will be paid by cash, credit card or cashier’s check. All other types of payment such as personal or business checks will not be accepted.

Avon Acres has the right to cancel any event if payment is not received within 48 hours of the event. The event will not be held until all payments have been received. Should a check be returned from the issued bank, Client will be charges a sixty dollar ($60) returned check fee and must replace payment amount with cash within forty-eight (48) hours of returned check to hold the date. It is further agreed that if Avon Acres is unable to collect cleared funds as payment, then the client booking the event shall pay a minimum penalty of $60.00, per incident, which shall be applied for any and all bank charges, legal fees and collection fees that result for which the client shall also bear responsibility.

MISCELLANEOUS:

This agreement shall be construed and governed by the laws of the State of Tennessee. The parties agree that any legal or equitable action for claims, debts or obligations arising out of, or to enforce the terms of this agreement must be brought in a  court  of competent jurisdiction located in Memphis, Shelby County, Tennessee, and both parties hereby agree that such jurisdiction and venue is appropriate and consent to such jurisdiction and venue. The parties acknowledge and agree that the agreement constitutes the entire agreement between the parties and supplants any previous understanding(s) or agreement(s) with respect to the subject hereof. No modifications to this agreement shall be binding on any party unless the same is in writing and signed by the party against whom enforcement is sought. Events may be photographed for promotional purposes.

IN WITNESS WHEREOF, said parties have executed this agreement to be effective as of the date first above written.

By approving of this event proposal, you acknowledge that you have read and agree to all terms and conditions listed in the event summary and event policies.