Terms and Conditions

Reservation Deposit

A NON-REFUNDABLE Event reservation deposit is due at the time of booking and the execution of this Agreement equal to the total Rent Rate or $500.00 (Five-Hundred Dollars) whichever is less. This Reservation Deposit is applied to the Rental Rate total for Renter(s) Event. Reservation Deposit is required to hold date for Event. Please Note: Event date is not confirmed until Renter(s) have received a copy of this executed agreement and a receipt for reservation deposit from The Gathering Barn.

Security Deposit

Renter(s) shall pay a security deposit in an amount equal to the total Rent Rate or $500.00 (Five-Hundred Dollars) whichever is less. (“Security Deposit”). Payment of the Security Deposit shall be due sixty (60) days prior to the scheduled Event.

An inspection will take place after the Event by a Gathering Barn staff member. If no damage has occurred to the Property and the property was cleaned to satisfaction of The Gathering Barn, and there are no violations of this Agreement, the Security Deposit shall be returned to Renter(s) within fourteen (14) days after the Event. If it is determined that there has been damage to the Property, violations of this Agreement, items are missing, or extra cleaning was required, Operator shall retain some or all of the Security Deposit in satisfaction of restoring the property or missing items. Operator reserves the right to assess further charges in excess of the Security Deposit to Renter(s) for required property restorations, cleaning and repairs, or missing items and Renter(s) agree to pay any and all charges in excess of Security Deposit.

Refund and Cancellation Policy

All cancellations must be in writing with no exceptions. The Renter is responsible for verifying that Operator has received the cancellation letter.
For any Event scheduled:

(a) Any cancellations made at least six (6) months before the Event will result in the refund of all portions of the Rental Rate paid to date, and if applicable the full amount of the Security Deposit paid. The Reservation Deposit is non-refundable and will be kept by Operator for administration fees.

(b) Subject to the re-rental exception below, all cancellations made less than six (6) months before the Event will result in forfeiture of all portions of the Rental Rate paid to date, and any amounts of the Rental Rate which have already become due—according to the payment schedule in Section 2 of this Agreement—but have not yet been paid, including the Security Deposit, will still be deemed due and owing.

For cancellations made less than six (6) months before the Event, the only way Renter(s) shall receive a refund of the Security Deposit paid, and of the Rental Rate paid to date is if another party subsequently rents the Property on the date that was previously set aside for Renter’s Event, and if that new party agrees to a rental rate similar to the amount Renter had agreed to, and if that new party pays in full for their rental of the Property. If, and when, that new party pays in full for their rental of the Property, Operator shall refund of all portions of the Rental Rate paid to date, and if applicable the full amount of the Security Deposit paid. The Reservation Deposit is non-refundable and will be kept by Operator for administration fees.

Event Insurance

Renter(s) shall obtain Commercial General Liability Insurance in an amount not less than $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. All insurance documentation shall specify the dates and location of the event. Renter(s) shall provide to Operator the certificates of insurance and bonding, wherein the policy adds Operator, and the entities that own the Property to be used for the Event, to its liability policy through the use of an Additional Insured Endorsement. This certificate is due to Operator one (1) month before the scheduled Event. (Insurance may be obtained here or through a similar site).

(a) For Event to have alcohol Commercial General Liability Insurance MUST include Host Liquor Liability coverage in addition to the standard Commercial General Liability Coverage.

Conduct of Event

For the duration of the Event, the Renter(s) and its guests must abide by Operator’s rules, policies and restrictions, and comply with applicable regulations and laws. Renter(s) is responsible for the actions of guests, and vendors, and for any damages or losses incurred during the Event. Misuse of the Property, unruly or illegal behavior, failure to observe posted signage, and/or the failure to obey any portion of the provisions contained in this Agreement constitute a breach and may result in actions against Renter(s) including, but not limited to, cancellation of Event, immediate removal from the Property, forfeiture of the Security Deposit and/or Rental Rate. Operator has the right to refuse entry or service to and remove from the premises any person it deems to be behaving in an improper or abusive manner. Operator reserves the right to exclude or remove any undesirable persons from the Event and premises without liability.

Property Use – Rules and Restrictions

The Property is rented as is. Alterations to the Property are not permitted – pictures, displays, plants, lamps, furniture, and other day-to-day decorative accessories may not be relocated or removed from the Property.

(a) Renter(s) must provide Operator with a final guest count no later than 14 days before scheduled event.

(b) Furniture arrangement must be approved by Operator prior to the event. While every effort will be made to arrange all furniture at the request of the Renter(s), Operator reserves the right to adjust furniture as necessary to allow for safety, traffic, and avoidance of damage to walls or other reasons it deems necessary.

(c) The usage of candles, or any other type of open flames, in centerpieces is not permitted. Battery operated candles are permitted. No fireworks, sky or floating lanterns, are allowed on the property at any time.

(d) No rice, confetti, glitter, sequins, potpourri, sparklers, party poppers, lanterns with candles or flames, pyro technics, fireworks, or other unapproved “celebration materials” shall be allowed inside or outside the Property. No paint of any kind is allowed on the property, Balloons are permitted using weights only. Birdseed and bubbles are approved for outdoor use only. If Renter(s) is uncertain of whether an item allowable please consult with Operator at least 14 days prior to the Event.

(e) All foods, drinks and any other materials that stain, damage or otherwise disfigure flooring, walls or any other part of Property will incur cleaning charges to remove the damage. If damage occurs, Operator will contract all repairs to be made by skilled professionals; charges for repairs will be deducted from the Security Deposit. In the event that repair costs exceed the amount of the Security Deposit, Renter(s) will be responsible for the entire repair over and above the Security Deposit.

(f) No animals or pets are allowed on the property at any time except for service animals. Please tell guests to leave their pets at home. If animals/pets are brought onto the property, their owners will be asked to remove them. Renter(s) agree to pay a $250.00 penalty each occurrence a pet is on the premises, as well as fees for additional cleanup or damage incurred.

(g) Operator will not be liable for loss, theft, or damage to property belonging to Renter(s), Renter’s family members, Event guests, or Event vendors.

(h) Operator assumes no responsibility for any personal or abandoned property left on the Property after the Event. Any item left on the premises beyond two (2) days will be discarded or shall become the property of The Gathering Barn whether owned by the Renter(s), Renter’s family members, Event guests, or Event vendor(s). Any belongings left by the Renter(s), their family members, guests, or vendors without the permission of The Gathering Barn shall incur a penalty charge of no less than $250.00 (Two-Hundred Fifty Dollars) and up to $500.00 (Five-Hundred Dollars) depending on the labor required to move, store, or dispose of said belongings. Kegs left behind will incur a penalty charge of no less than $50.00 (Fifty Dollars) for each keg.

(i) Renter(s) will make sure the music is played at a respectable level (90 decibels).

Food, Catering, and Non-Alcoholic Beverages

Operator shall provide no food or non-alcoholic beverages for the Event, except as expressly provided in a separate signed agreement between the Parties. Renter(s) is allowed to provide and serve food and non-alcoholic beverages at the Event ONLY under the following conditions:

(a) Cooking onsite is strictly prohibited. The Gathering Barn has a food set up area only. There is no oven, grill or microwave on the premises. Barbeques, grills, and microwaves are not allowed on the property.

(b) Unless Renter(s) has obtained the proper permits or licenses required by the state or local governments, Renter(s) will not sell any food, alcoholic or non-alcoholic beverages, nor charge its guests any cover charge, entry fee, or other type of fee for the guest’s attendance at the Event.

(b) Renter(s) may select any caterer from The Gathering Barn’s Registered and Approved Vendor List or a caterer of their choosing meeting the requirements of The Gathering Barn LLC. Renter(s) expressly acknowledges that it is responsible for any damage or injuries in any way caused by Renter(s) regarding food preparation, serving, or consumption, or in any way caused by any caterer, before, during, or after the event. Operator accepts no responsibility for the actions of Renter(s) or any caterer hired or otherwise retained by Renter(s).

(c) Renter(s) shall indemnify and hold harmless Operator and its agents, as well as all entities that own the Property to be used for the Event, from any and all claims, actions, damages, liability, and expense (including reasonable attorney’s fees) arising in any way out of the preparation, serving, consumption, or use of food or non-alcoholic beverages at the Event, including, without limitation, any actions or omissions by a caterer hired or otherwise retained by Renter(s). (See Separate Hold Harmless Agreement)

(d) Caterer(s) are responsible for food preparations and clean-up to the specifications of Michigan State Law regarding food preparations, storage, and handling.

(e) The Gathering Barn is not responsible for personal property and/or equipment brought onto the property by the Caterer(s), and/or their agents, employees, or guests.

(f) Caterer(s) shall indemnify and hold harmless Operator and its agents, as well as all entities that own the Property to be used for the Event, from any and all claims, actions, damages, liability, and expense (including reasonable attorney’s fees) arising in any way out of the preparation, serving, consumption, or use of food or non-alcoholic beverages at the Event. (See Separate Hold Harmless Agreement)

(g) ALL Caterer(s) MUST register with the Gathering Barn and provide a current copy of license and proof of insurance with The Gathering Barn listed as additionally insured at least 14 days before scheduled Event.

Operator reserves the right to ask the entire party to leave if any of the above terms and conditions in this Section 15 of this Agreement are violated. Violation of the above conditions may result in forfeiture of the Security Deposit and Rental Rate, at Operator’s sole discretion.

Supervision of Children

Children must always be supervised and should be kept from running, throwing food or other objects, standing on tables or chairs, or hanging from or on doors. Children should at no time be allowed in the food set up area, or outside if unsupervised. Operator shall not be responsible for injuries to unsupervised children. Renter(s) shall be responsible for all damages incurred from children or injuries sustained by unsupervised children.

Tables, chairs, linens, plates, glassware, plastic-ware, and cutlery

Operator shall provide no linens, plates, glassware, plastic-ware, cutlery, or other related items for the Event, except as expressly provided in a separate signed agreement between the Parties. Operator will provide chairs and tables for up to 275 (Two-Hundred-Seventy-Five) guests. Renter(s) are responsible for providing any additional tables and chairs. (Renter’s Expense)

Restrooms

The restrooms at The Gathering Barn provide restroom facilities for up to 250 (Two-Hundred Fifty) guests maximum. Renter(s) is required to provide one (1) additional portable toilet for a guest total of 251 (Two-Hundred Fifty-One) and an additional portable toilet for every fifty (50) guests over the 250 (Two-Hundred Fifty) restroom guest limit (Renter’s Expense). (i.e. a guest total of 301 would require two (2) additional portable toilets). Water and electrical hook up (110 volt) for the restrooms can be provided by Operator if required. Renter(s) agrees to accept complete responsibility for any damage to the additional portable restrooms provided by Renter’s portable toilet vendor during the Event or any damage to the property due to the additional portable restrooms. Renter(s) further agrees to indemnify, defend, and hold harmless Operator and its agents from and against any and all claims, actions, damages, liability, and expense (including reasonable attorney’s fees) arising from or out of any individual at the Event using or misusing the additional portable restrooms in any way.

Cleanup

Except as expressly provided in a separate signed agreement between the Parties, Renter(s) is responsible for cleanup of the Property following the Event. Cleanup of the Property will be completed no later than midnight the day of the Event or the agreed upon timeframe after the Event. Renter(s) shall adhere to the following instructions for cleanup of the Property:

(a) Dining Area. Table trash, cups, plates, plastic-ware, cake, food, decorations, etc. will be gathered and placed in proper receptacles. All cups, and glasses, and liquids will be emptied into sinks, or other designated receptacles on site, before being placed in the trash receptacles.

(b) No dumping of ice, water, beverages, vases, or other items anywhere on the Property not designated by the Operator. Any unapproved dumping will incur a minimum penalty fee of $50.00 (Fifty Dollars). Additional penalties may be applied depending on the extent of damage and required clean-up by Operator.

(c) Restrooms. Trash from the bathrooms is to be removed by Renter(s).

(d) Outdoors. ***Trash, debris, cigarette and cigar butts will be picked up and removed from all areas of the Property used for the Event. Renter(s) are responsible for all cigarette and cigar butt clean-up and agree to pay a fee of $250.00 (Two-Hundred and Fifty Dollars) if any cigarette or cigar butts are found on the property.

(e) Food Set Up Area. The food set up area is to be left as it is found prior to the Event.

(f) If spills, food droppings, or other similar incidents (example: illness) occur, please clean it up immediately. Do NOT wait until the end of the Event. Any major incidents that cannot be handled easily and fully or that leave evidence behind should be reported immediately. Failure to do so may result in the Renter(s) being held financially responsible for its remedy after the fact.

(g) All bags of trash must be placed in proper receptacles on the Property or removed from the Property.

(h) All music must end by 11:00pm. If it is a Sunday event the music must end by 10:00pm. All clean up, persons and property must still be done and vacated from the property by midnight.

Any necessary cleanup by Operator of any items (a) through (h) will be charged and withheld from the Security Deposit.

Severability

If any paragraph, clause, phrase, provision or portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable under any applicable law, such event shall not affect or render invalid or unenforceable the remainder of this Agreement and shall not affect the application of any paragraph, clause, provision, or portion hereof to other persons or circumstances.

Disputes Resolution

Any and all disputes, controversies, or claims arising out of or in connection with or relating to this Agreement, or any breach or alleged breach thereof, and any claim that The Gathering Barn violated any state or federal statutes, common-law doctrine, or committed any tort with respect to Renter(s) shall, on the request of either party, be submitted to and settled by arbitration in the State of Michigan pursuant to the rules, then in effect, of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties involved). This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed, in writing, with the other party to this Agreement within a reasonable time after the claim, dispute, or other matter in question arose where the party asserting the claim should reasonably have been aware of it, but in no event later than the applicable Michigan statute of limitations. Cost of arbitration shall be shared equally by the parties, provided that each party shall pay for and bear the cost of his or her own experts, evidence, and attorney fees. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction to do so.

Compliance

Renter(s) agrees to comply with any and all rules, terms, and conditions contained above in this Agreement. Renter(s) expressly acknowledges that Renter(s) has read all rules, terms, and conditions of this Agreement, and understands that a violation of any of the rules, terms, or conditions could result in cancellation of Event, immediate removal from the Property, forfeiture of the Security Deposit and/or Rental Rate.

Entire Agreement

This Agreement sets forth the entire understanding of Operator and Renter(s) and supersedes all prior agreements, arrangements and communications, whether oral or written, pertaining to the subject matter hereof, and this Agreement shall not be modified or amended except by written agreement of Operator and Renter(s).