All such Other Requirements are provided by and at the sole cost and expense of Renter. Bellevue Masonic Lodge #325 reserves the right to approve any and all of Renter's Personnel including but not limited to service providers, food and beverage providers/caterers and all materials (electronic and printed) relating to the Event. Licensee does not have the right to use any of Bellevue Masonic Lodge #325’s trademarks or copyrights without its prior written approval.
Clean-up is required - please leave the building as you found it.
Smoking and vaping are not allowed inside the building.
There is no running allowed throughout the building at any time.
Decorations
- Decorations are allowed at the renter's expense.
- Decorations are only allowed on tables and must be removed by the renter when the event is over.
- No decorations or signs will be fastened to the walls or ceiling by any means, which includes the use of tape (double or single-sided), nails, thumbtacks, staples, or other types of fasteners.
- No confetti or similar material is permitted.
- Candles are NOT allowed.
Setup
- The renter is responsible for their own setup and arrangement of tables and chairs. If the tables and chairs are rearranged, they must be returned to their original configuration.
- Kitchen, serving area, and utensils are available for use.
Licenses
If alcoholic beverages are to be served, renter will, in addition to hiring the required off duty Bellevue Police Officer, ensure that it (or its caterer) has the applicable license and all alcoholic beverages are served and consumed in accordance with Nebraska State Alcohol Beverage Control laws.
At least two weeks before the Term begins, Renter will provide any licenses and permits which will remain in full force and effect through the Term.
General Terms and Conditions
1. Licensee acknowledges and agrees: (a) it is authorized to sign this Agreement and bind the Licensee and execution of this Agreement does not conflict with any other obligation or restriction affecting Licensee; (b) Renter only has the nonexclusive right of use described by this Agreement and this Agreement in no way transfers any other right, title or interest in or to the real property of the Facilities or surrounding premises (“Premises”); (c) Licensee is responsible for equipment owned, leased, under the control of or brought to the Facilities by Licensee, its Personnel or Participants and ensures that all such equipment is set up, secured and used in a safe manner; (d) Licensee’s property remaining at the Facilities after the Term are deemed surrendered and abandoned to Bellevue Masonic Lodge #325; (e) Licensee shall not, and shall not permit any other third party to, injure, mar, deface any furniture, fixtures or equipment on the Premises, to drive or permit to be driven, any nails, hooks, tacks, staples or screws in any part of the Premises, furniture or fixtures or to make any alterations of any kind to the Premises, furniture or fixture; (f) at any time, Bellevue Masonic Lodge #325, without liability for damages, indictment or prosecution, may require Licensee or any or all of its Personnel or Participants to leave immediately the Facilities or Premises and surrender its right of use hereunder or may otherwise provide security or impose other measures (including forcible removal of persons or property); (g) there may be open or hidden hazards or other risks on the Facilities and Premises; (h) LICENSEE ACCEPTS THE FACILITIES AND PREMISES ON A NON-EXCLUSIVE, AS-IS, WHEREIS BASIS WITHOUT ANY WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND AGREES TO ASSUME ALL RISKS OF USE OF THE FACILITIES AND PREMISES INCLUDING BUT NOT LIMITED TO WEATHER CONDITIONS, LOSS, DAMAGE OR THEFT HOWEVER CAUSED. Licensee hereby releases Bellevue Masonic Lodge #325 (its officers, trustees, employees, contractors and agents, collectively, “Lodge Brethren”) from, and agrees it will not assert any and all claims against Bellevue Masonic Lodge #325 and Brethren as a result of such loss or damages; (i) BELLEVUE MASONIC LODGE #325 AND LODGE BRETHREN ARE NOT LIABLE TO LICENSEE, ITS PERSONNEL AND/OR PARTICIPANTS FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTIAL (INCLUDING BUT NOT LIMITED TO LOST PROFITS, COVER, LOSS OF USE OR FAILURE TO REALIZE BENEFITS), WHETHER OR NOT FORESEEABLE.
2. Renter shall: (a) pay all Fees in accordance with the Payment Terms and shall reimburse, upon demand, Bellevue Masonic Lodge #325 for all fees, costs, expenses and damages Bellevue Masonic Lodge #325 incurs hereunder including but not limited to any damage caused to Bellevue Masonic Lodge #325 Facilities, Premises, other property, Lodge Brethren or residents; (b) use the Facilities only for the Event and during the Term ensuring a safe and secure environment and in accordance with all federal, state, county and municipal laws, regulations and ordinances (including but not limited to the Americans With Disabilities Act, fire codes, food and beverage requirements and noise ordinances), this Agreement and Bellevue Masonic Lodge #325 rules and regulations subject to and in consideration of other users of the Premises and Facilities and staying out of areas not specifically used or designated as the Facilities; (c) surrender the Facilities upon expiration of the Term in the same condition as provided to Licensee clean, in good order, reasonable wear and tear excepted; (d) ensure that all of its officers, directors, employees, contractors, vendors, agents (collectively, “Personnel”) and its guests and participants (collectively, “Participants”) provide written releases of liability of Bellevue Masonic Lodge #325 and otherwise acknowledge, agree and comply with all of Renter’s obligations hereunder.
3. Renter will indemnify, defend and hold Bellevue Masonic Lodge #325, Lodge Brethren and resident harmless from and against any claims, liabilities or damages (including but not limited to attorneys’ fees, other professional fees and costs) relating to or arising from Renter, its Personnel and/or Participants use of the Facilities. Licensee hereby releases and waives any claims for damages against Bellevue Masonic Lodge #325, Lodge Brethren and residents.
4. Renter may cancel this Agreement at least 14 days before the beginning of the Term by written notice to Bellevue Masonic Lodge #325; in which case, Bellevue Masonic Lodge #325 may return any deposit paid less any amounts incurred by Bellevue Masonic Lodge #325 in anticipation of the Event. Bellevue Masonic Lodge #325 may retain the deposit as liquidated damages and not a penalty if Licensee cancels 14 days or less before the beginning of the Term. Renter will also pay Bellevue Masonic Lodge #325 upon receipt of written demand for all other costs, expenses and damages incurred by Bellevue Masonic Lodge #325.
5. In addition to its right to immediately terminate any Event and require Renter and all its Personnel and Participants to vacate the Premise without liability under and pursuant to Section 1(f), Bellevue Masonic Lodge #325 may terminate this Agreement effective upon the date stated in the written notice to Renter if: (a) Renter fails to provide written evidence of insurance and all required bonds, permits and/or licenses at least 2 weeks prior to the beginning of the Term; (b) Renter fails to pay any amounts due hereunder or otherwise defaults hereunder and fails to cure any such default specified in and within the time stated in Bellevue Masonic Lodge #325’s written notice; or, (c) Renter voluntarily or involuntarily files for bankruptcy, makes a general assignment for the benefit of creditors, has a receiver appointed or is otherwise insolvent.
6. In the event of termination of this Agreement by Bellevue Masonic Lodge #325, Bellevue Masonic Lodge #325 may retain the security deposit and Licensee will pay all damages incurred by Bellevue Masonic Lodge #325 including but not limited to its attorneys’ fees and costs to recover amounts due, interest of 1% per month (or maximum allowed by law) on any unpaid balance and, as liquidated damages and not as a penalty, shall pay Bellevue Masonic Lodge #325 the sum of $100 per hour for each additional hour or partial hour beyond the end of the Term for holding over. No remedy is exclusive and Bellevue Masonic Lodge #325 has the right to injunctive relief and to invoke any remedy in law or in equity. Paragraphs 1(h) and (i), 3, 6 and 7 survive termination for any reason.
7. Renter may not assign any rights or obligations under this Agreement or any Statement of Work without the prior written consent of the Bellevue Masonic Lodge #325. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control. All notices required under or regarding this Agreement will be in writing and will be considered given upon personal delivery of a written notice to the signatory of this Agreement at its then current address, or within five days of mailing, postage prepaid and appropriately addressed. Neither party's failure to exercise any of its rights under this Agreement will constitute or be deemed a waiver or forfeiture of those rights. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected. This Agreement constitutes the entire agreement between Renter and Bellevue Masonic Lodge #325 and supersedes any prior or contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding the subject matter of this Agreement. Licensee's additional or different terms conditions will not apply. The terms and conditions of this Agreement may not be changed except by an amendment signed by an authorized representative of each party. This Agreement is made under and will be construed in accordance with the law of Nebraska without giving effect to that state's choice of law rules. Venue lies exclusively in the state and federal courts located in Bellevue, Nebraska.
