THE CONTRACT
The information provided by the venue renter will generate a venue rental agreement (‘Contract’) for the event described by the online form (‘Event Date’) by and between the signatory as shown under “Client” on the signature page of the venue rental agreement ‘Contract’ the (‘Client’) and Sapphire Banquet & Conference Center (‘SB’), (‘Venue’).
ARRANGEMENTS
Space is provided by ‘SB’ 1300 North Main Street Euless, TX 76039 (‘Venue’) for the date referenced on the online request form ‘Event Date’. Times for the event will be determined by a secured event date with paid deposit. SB will provide tables and chairs for a maximum of 1000 people. The exact number of guests must be provided to ‘SB’ by the ‘Client’ thirty (30) days prior to the ‘Event Date’.
PROGRAM ARRANGEMENTS AND PRICING
Any organization and/or individual using the Venue agrees to observe the following Terms and Conditions of Sapphire Banquet & Conference Center.
RENTAL RATE & SERVICES
Our Venue rental rate is clearly stated on your ‘Venue Quote’ in the section titled “SB Fees”. The rate covers your event hours referenced in the ‘Timeline’ section as well as eight (8) hours – two (2) for setup time and one (1) hour for breakdown to be used by the Client and hired vendors. All items must be removed from the Venue in this last hour. If items are left overnight, such as floral or decor items, they will either be disposed of or removed that night at a minimum charge of $300 depending on the number of items and/or time needed to remove them. Should the Client wish to extend the event beyond the ‘Timeline’, additional time will be at the rate of $500.00 per hour rounded up to the nearest hour within one hour (at $500.00) as the minimum time amount charged. This must be added 30 days prior to event.
SET UP TIME AND DELIVERY
Client Set Up: May begin six (6) hours prior to Event Start Time referenced above. Outside Vendor Set Up: May deliver/set up two (2) hours prior to Event Start Time. If additional time is needed for deliveries and/or set up, there are two options:
a. Reserve the Venue during the morning hours between 8 AM – noon at a rate of $2,000 to guarantee additional set up time, OR
b. If SB AM time slot is available within thirty (30) days prior to your Event Date, then you may add additional hours at the rate of $250.00 per hour.
*Any additional time must be scheduled and paid in full at least 48 hours before Event begins.
TABLES, CHAIRS AND SERVICE WARE: INCLUDED IN THE RENTAL FEE
60″ round tables, Champagne Gold chairs, Buffet tables and other tables for food service, wedding cake, guest book, gifts, and head tables are available, China, flatware and glassware included. Upgrades are available for purchase.
SB Staff and/or Vendor staff
Will be available before, during and after event is requested and agreed to by Venue Quote. SB overseer may inspect Event settings prior to event to ensure satisfaction.
LINENS
Linens may be included with your Venue Quote. Colored may be purchased. Outside linens are permitted by request only including 3rd party vendors at the Venue.
WEDDING REHEARSALS
Rehearsals are available when booking a ceremony at SB and will be scheduled forty-five (45) days prior to the Event Date based on current booked events at the Venue and rehearsal booking is subject to change. If another event happens to book within forty-five (45) days.
*All rehearsals will be given a one (1) hour time frame. All rehearsals scheduled will be scheduled for Tuesdays through Fridays and end no later than 8 pm.
DECORATING
No individual or group may alter, remove, or add anything that may damage walls, furniture, curtains, floors, or any personal property of SB. This includes, but is not limited to, stapling, taping, nailing, gluing, or attaching by any other means to items and or property of the Venue. When a completed set up of room, no furniture may be moved or added. If last minute changes are required, additional charges may be accrued and charged to the Client. If planned in advance, the furniture in the lobby or available areas of the Venue may be removed or moved throughout the Venue by the SB staff for $250.00.
The Venue is non-smoking facilities. All smoking, if any must take place outside, no less than 20 feet from the entrance of the Venue per city ordinance of Euless, TX.
Rose petals, birdseed, dried lavender, or bubbles are permitted to be used at the sendoff and may be thrown only outside of the Venue. If any other items are desired a fee may apply. Fireworks of any kind are not allowed due to City of Euless ordinances. Sparklers may be used with caution only outdoors. We do not allow glitter or confetti to be used for any type of decorations or to be thrown inside or outside of the Venue. Any fines or violations resulting in fines are the ‘Client’s’ responsibility.
Candles may be used in the Venue, provided they are set inside heat resistant glass containers which extend higher than the candle flame. No open flame is allowed. Candles may not be placed on floor nor may glass containers of any type be placed on any floor nor may anything containing fluid water be placed on any floor. Battery or electric candles may be used as an alternative; which do not have to be enclosed.
BEVERAGE SERVICE
All alcoholic beverages must be served by licensed bartenders. The servers must be in compliance with all applicable laws, rules, ordinances, and statutes. There is no self-service of alcohol allowed and guests are not permitted to bring their own alcohol into the Venue unless BYOB approved by SB. Any unauthorized alcohol will be confiscated and held at the ensuite bar of the Venue until after the Event. Beer Kegs must be approved by SB. No alcoholic ‘shots’ will be served. The Client’s guests are not permitted to remove any alcoholic beverages from the Venue. SB requires that last call at the bar occurs thirty (30) minutes prior to guests scheduled departure. Client hereby agrees to indemnify, defend and hold harmless SB and its employees, agents and licenses from any loss, liability, costs or damages arising from the existence and/or consumption of alcoholic beverages at the Event. Bar service to bride and grooms’ rooms must be pre-arranged with SB.
FOOD SERVICE
SB has exclusive in-house caterers for your food, alcohol, and non-alcoholic beverage service. Due to quality control issues and applicable ordinances/regulations, SB shall neither be liable, nor responsible for any food and/or beverage brought into or taken out of the Event by the Client or any of the Client’s guests or invitees. Due to concerns with food safety, storage and handling, neither Client nor its guests, invitees, or attendees may take food items after the Event. Client herby agrees to indemnify, defend and hold harmless SB and its respective employees, agents and licenses from any loss, liability, costs or damages arising from the existence and/or consumption of any food items not supplied by SB’s caterers.
Food is defined as anything besides an actual cake. For example, “food” would include, without limitation, candy bar, cupcakes, popcorn, and any other types of snacks. If any food items are brought in that are not from SB’s caterers, prior written consent must be given.
(client may bring in snacks for bridal powder room and groom and honored guests). The Client is committing to a food and beverage minimum which is referenced on your SB Catering ‘Event Detail’. You must sign a contract with an approved caterer after booking SB. A date will be subject to being released if a caterer is not approved and a catering quote is not signed, and a deposit is not paid within thirty (30) days of booking the event.
ENTERTAINMENT
The Client may contract with any DJ service or band for entertainment for a $500 fee. SB has in-house DJ and entertainment that can be chosen. Any entertainment contracted by the Client must contact SB thirty (30) days prior to the Event Date to discuss Venue requirements. We require that your musical entertainment cannot exceed a 65-decibel level beyond the facilities ground at any time and adhere to OSHA standards regarding volume. SB reserves the right to advise the Client’s entertainment when volume exceeds OSHA standards and request immediate volume reduction. DJ or band must provide SB with their Certificate of Insurance thirty (30) days prior to event, Coverage must be a 1 million umbrella, with a 1 million per each occurrence.
LIGHTING
Standard Mood Lighting is included venue rental. Custom lighting arrangements may incur an additional fee. All pricing includes setup and breakdown. Professional lighting services, installation and rentals must be hired through our in-house lighting company. Outside lighting companies are not allowed.
PHOTO Booth/Lounge
If a Photo Lounge is desired it must be rented through an approved vendor. Pricing for a Photo Lounge vary and are typically up to a 5-hour event. Photobooth may include unlimited pictures; props; 1 attendant; and digital copies of all pictures taken at the Event. Photo Lounge must be added at least thirty (30) days prior to the Event. Outside Photo Lounges will NOT be allowed at SB. Client may ‘buy out’ the photo lounge and bring in their own photo lounge for a minimum buyout fee of $800.00 which must be paid 30 days prior to event date.
SECURITY
SB may require a local police officer on duty at all functions. The rate is stated on your ‘Venue Quote’, in the section titled “SB Fees”. Should the Client wish to extend the event beyond the ‘Timeline’ requested, any additional time will be billed at the rate of $60.00 per hour rounded up to the nearest hour with one hour (at $60.00) as the minimum time amount charged. SB will arrange the scheduling of the officer for the Client. Payment for the officer is due in full thirty (30) days prior to the ‘Event Date’.
DEPOSITS
All venues will require a deposit of 30% of each rental room and a refundable deposit of $1000 to be given back to client after the event. SB requires 30% at the time of signing a Venue Rental Agreement, in order to reserve the space for the day of your Event. The 30% payment for the Agreement is non-refundable but will be applied toward the ‘Event Total’. The $1000 will only be refunded to the Client in the event of failure of performance by SB for any of the reasons listed in the paragraph labeled “Impossibility of Performance” within the Agreement. This applies to any 3rd party vendor(s) and/or catering agreements. Thirty (30) days prior to the ‘Event Date’, Sapphire Banquet requires the remaining 50% of Event charges to be paid in full. A valid credit card on file is required for damages but not charged if no damages, losses, or time overages occur; the Cleaning Fee is kept by the Venue, which covers the cleaning of the Venue to restore it to its pristine condition prior to your Event (e.g., floors, drapes, bathrooms, lobby, etc.). Any time overages, damages, lost items, or infractions of the rules will be reviewed, and proper assessments made, and any costs may be charged to the (credit card on file). An additional fee may occur if the Client or any vendor contracted by the Client uses any decorations made with glitter or confetti — or if any vendor hired by the Client does any damage to the Venue.
PAYMENTS
Acceptable forms of payment shall include cash, check, cashier’s check, Debit, Visa, MasterCard, Discover, and American Express. If any payments are made by credit card, the 3% will be applied to the Event Total. All remaining balances are due and payable in one installment thirty (30) days prior to the Event. A ‘Venue Quote’ is attached and made a part of the contract which itemizes the final payment due (before any additional services are added). A $100.00 fee will be due for all returned checks. A late fee of 5% of the outstanding balance owed will be due for any payments received after the due date stated above. If the balance remains unpaid fourteen (14) days prior to the Event Date, SB reserves the right to cancel the Event, the remainder of the fee for the Event will still be due and no fees paid to date would be refundable. Further, if the catering contract payment date deadlines are not met (the 50% due at contract signing and the remaining 50% due 30 days from the event date), then SB and any catering or approved vendor(s) all reserve the right to cancel the Event. IF SB DOES NOT EXERCISE ITS RIGHT TO CANCEL THE EVENT, FINAL PAYMENT MUST BE MADE BY EITHER CERTIFIED FUNDS (BANK CHECK), ACH, OR BY CREDIT CARD PAYMENT. NO PERSONAL CHECKS CAN BE ACCEPTED AFTER THE DEADLINE.
WAIVERS AND DISCLAIMERS
WAIVER PROVISION: SB is responsible only for the rental and setup of the room as provided above and ACCEPTS NO RESPONSIBILITY for the service of any food or alcohol served by the Client or any other party at the request of the Client. By signature hereto, the Client does hereby indemnify and hold harmless SB against any claim or suit filed as a result of the aforementioned service of alcohol or food. The Client furthermore warrants and agrees that any and all alcoholic beverage service will be provided only by properly licensed bartenders and in compliance with all applicable laws. While SB will do everything in its power to ensure the quality and security of any items at the Venue, SB cannot accept responsibility for the damage and/or loss of equipment and supplies while being used at the Venue. The Client is responsible for any damage caused by event participants to SB and/or the property.
CANCELLATION POLICY
Upon signing an Agreement, SB will protect the space reserved herein to the exclusion of other business opportunities and will hold the Client responsible for the following cancellation assessment if applicable: If Client cancels their Agreement any time within 30 days of the Event Date full payment of the Event Total as outlined in the Agreement is due. No additional fees are assessed. (50% of event total payment is non-refundable). Client and SB acknowledge and agree that the Event will generate revenue for SB from a variety of sources. Therefore, in the event Client does not fulfill all of its commitments or cancels in its entirety this Agreement, the parties agree that SB will suffer damages that will be difficult to determine. The parties agree that the payments contemplated constitute liquidated damages, are reasonable estimate of SB’s losses in the event of a cancellation, and do not constitute a penalty of any kind.
PROGRAM ALTERATION CONTINGENCY
The pricing for the Event has been negotiated based on the date, specific event, number of people, and function requirements, as specified in this Agreement. If these details are changed, SB reserves the right to renegotiate this Agreement (including cancelling). The Client may not transfer this Agreement to a different date, event, or third party.
IMPOSSIBILITY OF PERFORMANCE
The performance of this Agreement by SB is subject to acts of God, governmental laws, regulations or restrictions, strikes, riots, natural disasters, shortages of labor or materials, war or other emergencies, any of which make it illegal or impossible to perform hereunder. This Agreement may be terminated without liability for any one or more of such reasons by written notice delivered to Client, and in such a case, SB shall promptly release the Client from all remaining payments required under this Agreement.
ACCESSIBILITY
SB has made all reasonable efforts to have the Venue comply with the requirements of Title III of the Americans with Disabilities Act and has made a reasonable effort to remove architectural, structural, and procedural barriers in our existing facility to provide services in an integrated setting for individuals with disabilities.
DISPUTES
The parties will resolve any controversy, claim, or dispute of any kind or description arising out of or relating to this Agreement through binding arbitration before one arbitrator conducted in accordance with the rules of the American Arbitration Association or JAMS in the State and city which event is located. The law of the State in which the event is located will be the governing law. The arbitration award will be enforceable in any state or federal court. In the event of arbitration or litigation arising from or associated with this Agreement or the enforcement of any arbitration award, the parties agree that the prevailing party therein shall recover attorneys’ fees and costs including expert witness and arbitration fees and pre and post judgement interest. In addition, you shall be responsible for payment of attorneys’ fees and interest associated with Montclair’s efforts to collect monies owed under the terms of this Agreement.
INDEMNIFICATION
TO THE EXTENT ALLOWED BY APPLICABLE LAW, CLIENT SHALL INDEMNIFY, HOLD HARMLESS, DEFEND (USING COUNSEL REASONABLY APPROVED BY THE MONTCLAIR) PAY, AND REIMBURSE SAPPHIRE BANQUET AND CONFERENCE CENTER AND ITS AFFILIATES, AND EACH OF ITS AGENTS, OFFICERS, EMPLOYEES, AND CONTRACTORS, FROM, FOR, AND AGAINST ANY AND ALL SUITS, ACTIONS, CLAIMS, COSTS, FEES, SUMS, AMOUNTS, LOSSES, CAUSES OF ACTION, DAMAGE, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES, COURT COSTS, AND ALTERNATIVE DISPUTE RESOLUTION EXPENSES ) CAUSED IN WHOLE OR IN PART OR ARISING DIRECTLY OR INDIRECTLY OUT OF CLIENTS OR ITS AGENTS, EMPLOYEES, GUESTS AND CONTRACTORS ENTERING THE VENUE. SUCH INDEMNITY INCLUDES, WITHOUT LIMITATION, SUITS, ACTIONS, CLAIMS, COSTS, FEES, SUMS, AMOUNTS, LOSSES, CAUSES OF ACTION, DAMAGES, LIABILITIES, AND EXPENSES WHETHER ARISING WHOLLY OR IN PART FROM THE NEGLIEGENCE OR STRICT LIABILITY OF MONTCLAIR, ITS AGENTS, EMPLOYEES, OR CONTRACTORS. THE INDEMNIFICATION OBLIGATIONS OF CLIENT SHALL SURVIVE THE OCCURRENCE OF ANY EVENT BY CLIENT AT THE VENUE AND/OR THE TERMINATION OR EXPIRATION OF THIS CONTRACT.
DISORDERLY CONDUCT
All guests and invitees of Client are expected to conduct themselves in a civilized manner. Any guests or invitees of Client acting disorderly, in the sole opinion of SB and its agents, will be removed from the Venue without liability to SB.
PERSONAL PROPERTY
SB is not responsible for any lost, left, or stolen property. Client is responsible for collecting all property that it wishes to keep before leaving the Venue; any property left behind may be disposed of by SB.
ASSIGNMENT
Client may not assign its interest, rights, or duties under this Agreement to any other person or entity without SB prior approval, which may be withheld in its sole discretion. Sapphire Banquet and Conference Center may freely assign any or all of its interest, rights, or duties under this Agreement without the consent or approval of Client.
NOTICE
Notices and demands shall be given in writing and sent by certified mail or by nationally recognized overnight courier service, addressed to SB and to Client at the addresses set forth herein above or at the addresses which were last specified by notice by SB or Client. Notices or demands shall be deemed to have been given, made or communicated on the date they were deposited in the United States mail as certified matter, with postage fully prepaid or deposited with the nationally recognized overnight courier service.
TIME OF THE ESSENCE
Time is of the essence with respect to all terms and conditions set forth in this Agreement.
APPLICABLE LAW
CLIENT IRREVOCABLY (i) SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS HAVING JURISDICTION IN THE CITY OF CARROLLTON, COUNTY OF DALLAS AND STATE OF TEXAS, AND (ii) WAIVES ANY OBJECTION WHICH IT MAY HAVE AT ANY TIME TO THE LAYING OF VENUE OF ANY PROCEEDING BROUGHT IN ANY SUCH COURT, WAIVES ANY CLAIM THAT ANY PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM AND FURTHER WAIVES THE RIGHT TO OBJECT, WITH RESPECT TO SUCH PROCEEDING, THAT SUCH COURT DOES NOT HAVE JURISDICTION OVER SUCH PARTY.
WAIVER
If either party agrees to waive its right to enforce any term of the Agreement, it does not waive its right to enforce any other terms of the Agreement.
ENTIRE AGREEMENT
The Agreement, with addenda and exhibits attached (if any), constitutes the entire agreement between the parties and may not be amended or changed unless done so in writing signed by SB and Client.
COMPLIANCE WITH LAWS
Client and SB agree to comply with all applicable federal, state, and local laws including any rules, regulations, or requests of the U.S. Department of Homeland Security.
AUTHORITY; LIABILITY
SB and Client are authorized to enter into the Agreement and the signers are authorized to execute the Agreement on their behalf. The individual(s) signing on behalf of Client hereby agree to be jointly and severally liable for the obligations of Client hereunder. The parties hereby agree that neither party shall be liable for any punitive or special damages.
CONFLICTING TERMS
In the event there is any discrepancy or conflict with respect to the terms of the Special Contract Notes section and the terms of the remainder of this Contract, the terms of the Special Contract Notes section shall control.
ADDITIONAL DOCUMENTATION
Each of the following items is incorporated herein and made a part of this Agreement by reference below:
1. Venue Rental Quote-Invoice
2. Venue Rental Agreement Contract
