3. FEE
(a) Amount. Renter agrees to pay James Run a fee of $550.00. This fee consists of a rental fee of $400.00 (the “Fee”) for a four hour period, and a refundable deposit fee of $150.00 which will be refunded upon inspection that the Facility has been restored to the condition it was originally found to be in. Each additional hour is $50.00 prepaid, or $80.00/hour if the party extends past the time originally scheduled. If upon inspection, the Facility is found to require additional cleaning services and /or maintenance in an amount in excess of the Fee, the Renter shall reimburse James Run for any and all such costs.
(b) INSPECTION The Facility will be inspected within a reasonable period of time after the conclusion of the Event, which inspection will determine the nature and extent of any damages to the Facility.
(c) TIME OF PAYMENT Upon execution of the Agreement, the Renter shall tender a refundable deposit in the amount of $150.00. The remainder of the Fee shall be tendered no less than 14 days prior to the Date of Event set forth in paragraph 1. The Renter must also be in good standing with the Association (i.e. dues, etc.) in order to rent the Clubhouse. Any discovery to the contrary prior to the Date of the Event will nullify the agreement and all monies will be returned.
(d) KEY/ACCESS You will be notified by a management appointed person on how to access the clubhouse (once the requested date is confirmed).
4. ATTENDEES - If a James Run Owner is sponsoring a non-owner, the James Run homeowner must be present during the Event. Not more than 165 persons may attend the Event or be on the premises of the Facility at any time. If the Event shall include table seating for the attendees, not more than 77 seats may be used.
5. ALCOHOLIC BEVERAGES - The Renter acknowledges that alcoholic beverages are NOT permitted on or around the premises of the Facility and agrees not to use or allow attendees to use any alcoholic beverages (or any illegal substance) in connection with, on, or around the premises of the Facility.
6. FACILITY RULES AND REGULATIONS - Renter hereby represents that said Renter has been provided with the “Clubhouse Rules and Regulations” (the “Rules”), a copy of which is attached hereto as Exhibit A; has read and understands them and agrees to abide by them. The Rules are made a part of this Agreement, provided, however, that to the extent there is any conflict between the terms of this Agreement and the Rules, the terms of this Agreement shall govern and control. A breach of the Rules shall constitute a breach of this Agreement.
7. AS IS - The Facility is being rented to the Renter “As Is” and with all faults. James Run makes no representations or warranties as to the fitness of the Facility for the uses intended by the Renter.
8. ASSUMPTION OF RISK - Renter herby assumes all risk associated with the rental and use of the Facility. James Run assumes no liability for the rental of the Facility or any damages incurred in connection with such rental or use.
9. INDEMNIFICATION - Renter agrees to indemnify James Run against any loss, cost, liability or expense incurred by James Run by reason of the Renter’s breach of any provision contained in this Agreement. Renter further agrees to indemnify James Run against any loss, cost, liability or expense incurred by James Run as a result of any damage to the Facility caused during the Even and/or injuries suffered by any individual on the premises of the Facility during the Event, as well as any time before and after the Event.
10. FEES AND COSTS - If James Run brings an action against the Renter to collect payment of any amount due under this Agreement, and if James Run prevails in such action, the Renter agrees to promptly reimburse James Run for its litigation and collection costs, including, but not limited to, reasonable attorneys’ fees, court costs and other collection costs.
11. JOINT AND SEVERAL LIABILITY - In the event that more than one person described by the term “Renter” exists, the liabilities and obligations of each such person under this Agreement shall be joint and several liabilities and obligations.
12. SUB-LEASING - The Facility may NOT be sublet, used by the Renter for profit, or used for any purpose other than as stated above herein.
13. SEVERABILITY OF PROVISIONS - If any provision or part of any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or part hereof had never been contained herein, but only to the extent of its invalidity, illegality, or unenforceability.
14. UNCONTROLLABLE CIRCUMSTANCES - The failure of a party to perform its obligations under this Agreement due to the occurrence of an “Uncontrollable Circumstance” shall not constitute a breach by that party of its obligations. “Uncontrollable Circumstances” include, without limitation, (1) an act of God such as a hurricane, tornado, severe winter storm, etc. (2) fire, explosion, power failure, flooding, and (3) any unexpected structural damage to the Facility.
15. GOVERNING LAW - This Agreement shall be strictly governed by and construed under the laws of the State of Maryland, and to the undersigned expressly acknowledge that this Agreement was executed and delivered to James Run within the geographic boundaries of Harford County, Maryland. Jurisdiction and venue in the enforcement or interpretation of this Agreement shall be appropriate in any court of competent jurisdiction located in Harford County, Maryland.
16. USE OF HEADINGS - The paragraph headings contained in this Agreement are used solely for convenience purposes and shall not be construed as restriction or limitation of any of the terms of this Agreement.
17. ENTIRE AGREEMENT - This Agreement contains the entire agreement between the parties with respect to the matters contained herein and supersedes all existing agreements and all oral, written, or other communications between the parties concerning the subject matter of this Agreement. This Agreement may be modified or waived only by a separate writing signed by all parties.
18. SECURITY CAMERA SURVEILLANCE - James Run has installed and utilizes a video surveillance system on and around the Facility to monitor the area for security reasons. No such video surveillance is conducted in the bathrooms or locker room areas for privacy purposes. Renter acknowledges the presence of such video surveillance systems and agrees to use by James Run of said devices for the purposes noted.
19. Renter shall not install any objects such as nails, tacks, scotch tape, candles or any other substance that causes permanent marking or damage on the walls or wall paper of the Facility, including, but not limited to, finger paints, glue, or glitter. The only allowed tape for decorations is Painter’s Tape (Scotch Blue, Uline, or equivalent) that will remove cleanly with no surface damage. Renter must fully remove all of their materials, decorations or equipment at the end of their rental of the Facility. Structural or electrical alterations to the Facility are strictly prohibited.
20. Renter shall not bring fireworks or any other flammable type material that presents any potential for damage to the Facility. Candles are strictly prohibited from use within the Facility.
21. Renter must comply with the Harford County Noise Control Program (http://www.harfordcountymd.gov). Noise levels after 10:00 p.m. must not be audible outside of the Facility. Excessive loud music is prohibited. Renter shall keep all doors and windows to the Facility closed for the duration of the function to minimize the amount of noise, which may be audible to the surrounding community.
22. Renter and his/her guests shall not congregate outside the Facility after the event.
23. Renter and his guests shall not smoke in the Facility.
24. Renter shall be responsible for furnishing trash bags and proper disposal of all food, party decoration, trash, and personal property from the Facility at the end of the use period.
By signing below, I agree to abide by the rules set forth in this document regarding the use of the James Run Clubhouse and represent that I am a James Run homeowner in good standing.
