Book + Bottle VENUE Agreement (version 090825)
This Venue Agreement (“Venue Agreement”) is entered into by and between Book + Bottle, LLC, located at 17 6th Street N, St. Petersburg, Florida, (“Owner”) and the individual, company, organization, or any other legal entity (“Renter”) that intends to rent and use the property in the control of and managed by the Owner. Renter and Owner are sometimes collectively referred to herein as the “Parties” and individually as a “Party”.
This Venue Agreement, along with any applicable confirmation agreement (“Confirmation Agreement”), and any separate written agreement that is mutually executed by the Parties and which references this Venue Agreement, is the entire agreement between the Parties (collectively, the “Agreement”). The Agreement is effective as of the applicable Confirmation Agreement Effective Date.
In consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows:
1. Venue Rental.
(a) The venue rental property is located at 17 6th Street N, St. Petersburg, Florida. Renter is hereby granted a limited and revocable license to use the main shop floor of Book + Bottle, a book and wine store, including all public-facing areas customarily open to patrons during regular business hours (the “Venue”) pursuant to the terms and conditions set forth in this Agreement.
(b) Owner shall provide the Venue in its standard operating condition as it is customarily presented to the public during regular business hours (“Standard Setup”). The Standard Setup includes all furnishings, fixtures, and equipment that are ordinarily available and in use during normal store operations, such as tables, chairs, lighting, A/C, and ambient (sometimes seasonal) décor. No additional items or equipment shall be provided unless expressly agreed to in writing by both parties. The Renter shall not move, alter, or modify the Standard Setup without the prior permission of the Owner.
2. The Event. Renter shall use the Venue for the event described in the Confirmation Agreement (the “Event”).
3. Rental Term. The rental of the Venue shall begin at the start time stated in the Confirmation Agreement and shall end on the same day at the time stated in said Confirmation Agreement (the “Rental”). Owner will make the Premises available for load-in and setup at the Event start time specified in the Confirmation Agreement. The Venue must be vacated by Renter, its guests, and all suppliers, caterers, vendors, and service providers retained and/or provided by Renter (collectively the “Attendees”) and returned to Owner in its original condition by the Event end time stated in the Confirmation Agreement. Renter shall be charged a fee of the applicable hourly rate defined in the Confirmation Agreement for each 15-minute period the Event extends beyond the expiration of the Rental term, which shall include wrap-up and cleaning time.
4. Rental Payment; Late Payments; Fees; Security Deposit. A deposit, a rental fee for the Venue, and any additional fees (collectively, the “Fees”) are defined in the Confirmation Agreement. Renter shall pay the Fees in accordance with the payment schedule (the “Payment Schedule”). In the event the Renter fails to pay the Fees in accordance with the Payment Schedule, any late payment shall be subject to interest charges, from the date due until paid, at the rate stated in the Confirmation Agreement, or the highest interest rate allowable by law (whichever is less), payable monthly. If any payment due by Renter hereunder is late for more than 14 days, the Rental and this Agreement shall be automatically terminated, and all prior amounts paid by Renter shall be forfeited.
5. Permitted Occupancy. The maximum occupancy for the Premises is 48 persons (the “Permitted Occupancy”), which number shall include Venue staff, Renter and all Attendees.
6. Venue Staff. Owner shall provide the staff for the Event as described in the Confirmation Agreement.
7. Amenities and Services Provided by Owner.
(a) For the Event, Owner shall provide services as listed in the Confirmation Agreement.
(b) Owner shall provide the amenities listed in the Confirmation Agreement for the Event. No other amenities, other than those expressly set forth in this Agreement will be provided by Owner.
8. Event Set-up and Decorations. Other than the items set forth in Section 7 of this Agreement, all other equipment and other property belonging to Renter or any Attendees or that will be used for the Event must be provided by Renter and delivered to the Venue, set-up by Renter, and removed by Renter prior to the expiration of the Rental term set forth in Section 3 of this Agreement.
Owner will allow Renter to prepare reasonable decorations at the Venue for the Event in accordance with this Section 8. However, Renter may not use any items that would penetrate the walls, ceilings, floors, fixtures, furniture, lighting, or any other part of the Venue, including, but not limited to, screws, nails, or staples. Renter shall be responsible for any damage to the Premises caused by any of its decorations. Prohibited Decorations are listed in the rules for the use of the Venue (the “Rules”), which are attached hereto as Exhibit A, and are not permitted.
9. Permitted Use; Venue Rules; Unauthorized Access. Renter shall not permit any illegal activities or conduct at the Venue. Renter shall abide by all the Owner’s rules for the use of the Venue (the “Rules”), which are attached hereto as Exhibit A. Renter shall ensure that all its Attendees fully comply with the Rules. Failure to comply with any of the Rules (without express written permission from Owner) may result in termination of the Event and a forfeiture of any fees and payments made by Renter. Renter shall be responsible for ensuring that all persons present at the Event are authorized Attendees. Renter shall implement and maintain appropriate measures to verify the identity and authorization status of all individuals seeking entry to the Premises, which may include, but are not limited to, guest lists, identification verification, security personnel, wristbands, or other identification methods. Renter acknowledges and agrees that any person not expressly authorized by Renter to attend the event (“Unauthorized Person”) shall be deemed a trespasser, and Renter shall be fully responsible and liable for any such unauthorized entry.
10. Venue Condition and Damage to Venue.
(a) The Venue will be provided to Renter for the Event in its standard clean condition as it is customarily presented to the public during regular business hours. Renter agrees to return the Venue to Owner in the same condition in which it was provided to Renter.
(b) Any damage to or loss or taking of the Venue or Owner’s furnishings, fixtures, equipment, or inventory by Renter, its Attendees, any other person under Renter’s control, or any Unauthorized Person, beyond normal wear and tear, shall be Renter’s sole responsibility. Renter shall immediately inform Owner of any damage to the Venue that may occur at the Event. Owner will use reasonable efforts to advise Renter of any damage or loss of property on the day of the Event, but reserves the right to thoroughly inspect the Venue and identify damages or loss thereafter. If any damages are discovered, Owner will provide Renter with a written notice itemizing such damage or loss within seven (7) days after the Event (“Damage Notice”). Owner shall charge the credit card held on account for the amount of any damages incurred at the Venue at the Event. In the event the Owner is unable to charge a credit card, the Renter shall pay the Owner for the amount listed in the Damage Notice within 28 days of receiving said Damage Notice by check, ACH, in cash, or any other method agreed to by the Owner.
11. Lost or Stolen Property. Owner shall have no responsibility to Renter or its Attendees for any personal effects and possessions left on the Venue’s premises before, during, or after the Event, including, but not limited to, any personal effects and possessions that are lost or stolen.
12. Indemnification. Renter shall defend, indemnify and hold Owner and its affiliates, officers, directors, shareholders, employees and agents harmless from and against any claims, actions, demands, lawsuits, losses, damages, costs, expenses, judgments, fines, penalties, and liabilities (including reasonable attorney's fees and courts costs) incurred in connection with any third-party demands, assertions, claims, suits, actions or other proceedings arising out of or resulting from (1) the use and rental of the Venue; (2) any breach of this Agreement by Renter, its Attendees, or any other person under Renter’s control; (3) any negligence or willful misconduct of Renter, its Attendees, any other person under Renter’s control, or Unauthorized Person; (4) the dispensing of any alcoholic beverages at the Event; (5) any payment obligations of Renter to any of its suppliers, vendors, or service providers; and for any property damage or any injury or death to any person while at the Venue, without regard to the cause of such injury or damage, including any acts or omissions by Renter, its Attendees, any other person under Renter’s control, or Unauthorized Person.
13. Insurance. Renter shall ensure that any third-party suppliers, vendors, or service providers used or contracted by Renter for the Event shall carry liability insurance in an amount not less than $1 million for any claims arising from any scheduled activities at the Event.
14. Force Majeure. Owner shall not be liable for any failure or delay in its performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, hurricanes, earthquakes, inclement weather, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, or other similar or different occurrences beyond the reasonable control of Owner. If Owner is forced to cancel the Rental at any time prior to the Event due to a force majeure occurrence, Owner shall promptly provide notice to Renter and refund all fees and deposits paid by Renter towards the Event, excluding any amounts paid for inventory that was purchased by the Owner specifically for the Event (“Special Inventory Purchases”) that the Owner cannot reasonably return to a supplier for a full or partial refund, within thirty (30) days of such notice. In the event that the Owner returns any Special Inventory Purchases to a supplier as a result of a cancellation of the Event under this Section 14 , the Renter will be required to reimburse the Owner for any costs incurred in returning the Special Inventory Purchases, including the difference in the amount paid by and amount refunded to the Owner. Renter acknowledges and agrees that Owner shall not be responsible to Renter or any third party for any lost fees or expenses, or any subsequent fees and expenses Renter may incur, as a result of Owner’s cancellation of the Event due to a force majeure occurrence.
15. Cancellation of Event by Renter. Should Renter desire to cancel the Event, it must notify Owner in writing. If receipt of a notice of cancellation is received by Owner more than sixty (60) days before the Event, Owner shall refund the deposit and 100% of the sums paid to Owner for the Event, excluding processing fees and any amounts paid for Special Inventory Purchases that the Owner cannot reasonably return to a supplier for a full or partial refund. If receipt of a notice of cancellation is received by Owner more than two (2) days but less than sixty (60) days before the Event, Owner shall refund 100% of the sums paid to Owner for the Event, excluding the non-refundable deposit, processing fees, and any amounts paid for any Special Inventory Purchases that the Owner cannot reasonably return to a supplier for a full or partial refund. In the event that the Owner returns any Special Inventory Purchases to a supplier as a result of the Renter’s decision to cancel the Event, the Renter will be required to reimburse the Owner for any costs incurred in returning the Special Inventory Purchases, including the difference in the amount paid by and amount refunded to the Owner. Renter acknowledges and agrees that Owner’s cancellation policy is not intended to punish Renter for cancelling the Event but, rather, reflects that Owner has foregone other actual or potential opportunities to rent the Venue by reserving it for Renter and will have a limited ability to rent the Venue to another party in the two days or less prior to the scheduled date for the Event.
16. Postponement of Event. In the event Renter desires or is forced to change the date of the Event, Owner shall use commercially reasonable efforts to transfer the Rental of the Venue to the proposed new date. Renter agrees that in the event the Owner can accommodate a date change, all expenses, including but not limited to deposits and fees that are nonrefundable and non-transferable, shall be the sole responsibility of Renter. A new date for the Event may also be subject to increased Venue fees and costs. If Owner is unable to accommodate a date change, Renter may proceed with the Event on the originally scheduled date or will be subject to the cancellation policy set forth in Section 15 of this Agreement.
17. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state court located in Pinellas County, Florida. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM, OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
18. Collection Expenses. If Owner incurs any costs, expenses, or fees, including reasonable attorney's fees and professional collection services fees, in connection with the collection or payment of any amounts due it under this Agreement, Renter agrees to reimburse Owner for all such costs, expenses, and fees.
19. Reservation of Owner’s Rights. Owner reserves the right to cancel this Agreement and the Rental for non-payment, material breach of this Agreement, or for any failure to comply with any of the Rules. Owner’s rights set forth in this Agreement are in addition to any rights or remedies which may be available to Owner at law or equity.
20. Compliance with Laws. The Parties agree to comply with all applicable City, County, State, and Federal laws.
21. Severability. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
22. Notices. All notices or other communications required under this Agreement shall be in writing and shall be deemed effective when received and made in writing by either (i) hand delivery, (ii) registered mail, (iii) certified mail, return receipt requested, or (iv) overnight mail, addressed to the Party to be notified at the address specified in the Confirmation Agreement.
23. Entire Agreement; Modification; Waiver. This Agreement, and any exhibits attached hereto, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. Each Party acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. No change, modification, amendment, or addition of or to this Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
Exhibit A. Venue Rules
Venue Use
· The Venue is a welcoming and professional environment. All Events must reflect this spirit.
· Any behavior deemed disruptive, disrespectful, or inappropriate may result in immediate termination of the event without refund.
· The Venue is provided as-is, reflecting its standard setup and ambiance. No alterations or customizations are guaranteed unless expressly agreed upon in writing.
· The nature and purpose of the event must be disclosed at the time of booking. Book + Bottle reserves the right to decline any reservation that does not align with the brand’s values or intended use of the space.
· All events must be conducted with respect for the venue, staff, and surrounding community. Book + Bottle reserves the right to pause or terminate any event that compromises the integrity of the space.
· Setup and breakdown must occur within the reserved rental period as defined in the Confirmation Agreement. For example, if two hours are booked, all setup, event activities, and cleanup must be completed within that timeframe.
· Furniture, fixtures, and inventory may not be moved or rearranged without prior written approval from Book + Bottle.
· Access to staff-only areas, including behind the counter and back-of-house spaces, is strictly prohibited.
· The Renter is financially responsible for any damage to the venue, furnishings, or inventory caused by themselves or their guests.
· Book + Bottle is not liable for Lost, stolen, or unattended personal items during the event.
· The Renter is responsible for ensuring that all guests comply with these rules and conduct themselves appropriately.
· Alcohol service and consumption is restricted to guests aged 21 and over. Valid identification may be requested at any time.
Clean Up Requirements
· Renter is expected to leave the space in the condition in which it was found. This includes:
· Removing all decorations and personal items.
· Disposing of all trash in designated receptacles.
· Placing used dishes in the provided bins or on the bar counter.
· Returning furniture to its original arrangement.
Prohibited Items & Activities
· The following are not permitted on the premises:
· Confetti, glitter, party poppers, or piñatas.
· Fireworks, open flames or candles (LED flameless candles are allowed).
· Smoking, vaping, or drug use inside or directly outside the venue.
· Outside alcohol. All alcoholic beverages must be purchased through Book + Bottle.
· Liquor of any kind (only beer and wine are permitted).
· Excessive noise or disruptive behavior that may disturb neighboring businesses.
· Hanging décor on walls, bookshelves, or fixtures. Use of tape, push pins, or adhesives is not allowed. Non-damaging décor may be approved in advance.
· Any illegal activities.