YYYYYY X. YYYYYY
Renter is responsible for COMPLETELY CLEANING UP AFTER THEIR PARTY. A $1,000 FEE will be assessed for excessive trash left outdoors or indoors.
Name of Individual or Organization:
Contact Person for Event:
City: State: Zip Code:
Day Phone #: Evening Phone #: Cell #:
Rental Date: Type of Event:
Approximate # of Guests: Time Requested (include set up and clean up):
Alcoholic Beverages: [ ] Yes [ ] No If Yes, what type:
* Note: if alcohol is served on site, proper licensing will be required. (Fax or mail a copy of server s liquor license 30 days prior to event)
Rental: $1.00 per hour plus tax (if applicable). Any part of an hour will be billed as a full hour; including set up and clean up time. If tax exempt, please provide a copy of exemption.
Security Deposit: $1,500.00, this must be paid to hold the date requested. NOTE: This will be the same $1,500 security deposit required for renter s 7 night stay in separate contract. NO additional security deposit will be required. The Security Deposit will be returned approximately two weeks after the event, as long as there is no damage, loss, extra clean up, or extra time used.
RESPONSIBLE FOR CLEANING UP AFTER THEIR OWN EVENT AND IS EXPECTED TO COMPLETELY
REMOVE ALL TRASH FROM INDOOR/OUTDOOR AREAS.
Rental Fee Summary:
By entering into this Agreement, the undersigned applicant agrees to abide by established rules, regulations, city, county ordinances and Florida State laws.
I, the undersigned, do hereby assume risk of liability for and shall indemnify and save harmless Owner, Agent, and The Ever After Estate, their officers, agents, and members from and against any and all claims, damages, suits, judgments, liabilities, losses, court costs, and expenses including attorney fees and attorney s fees on appeal for all losses, damages, personal injury, or death arising out of my use of the rental of the facilities identified herein.
Upon termination of my participation in the use of this/these facilities or in the event any property is lost or damaged by me, I agree to reimburse Owner, Agent, and/or The Ever After Estate for their loss(es) as appropriate.
I certify that I have read and understand this Agreement (including the Summary Page, the Facility Use Regulations and Guidelines and Terms of Agreement, the Exhibits attached to the Terms of Agreement, and all rules and regulations of The Ever After Estate; collectively, this Agreement ) and that I fully agree with all of its terms and conditions If I am an adult signing on behalf of a minor, I affirmatively represent that I am the parent or legal guardian of that minor and I have the authority to sign on the minor's behalf. My signature on this paper is an acknowledgment of my agreement with the terms of this Agreement.
Signature: Print Name: Date:
Driver's License #: State:
Please read and sign the following FACILITY USE REGULATIONS AND GUIDELINES sheet and return it with this agreement form.
FACILITY USE REGULATIONS AND GUIDELINES
TERMS OF AGREEMENT
This Agreement made and entered into on ________________________, 20___, by and between ____________________________________ ( Agent, on behalf of the Property Owner of The Ever After Estate ) and the Renter identified in the Summary Page. Agent hereby contracts with Renter for the use of certain facilities as described in this Agreement which from time to time are available for rent; and Renter desires to rent those premises for the purposes herein contained.
THEREFORE, in consideration of the mutual covenants and conditions herein contained, Agent and Renter agree as follows:
1. SPACE AND PURPOSE: Permission is hereby granted to Renter to use and occupy the following space within the The Ever After Estate for the following and no other purpose:
Space ____Outdoor area and ONE interior bathroom PLUS separate cabana bathroom.______________________________________________________________
Purpose To host approx.. 100 guests to celebrate a 40th birthday party ..
The above Space(s) and Purpose(s) shall hereafter be referred to collectively as the Event and are more particularly identified on the Premises Plan attached hereto as Exhibit A. The premises shall be used by Renter in a manner solely congruent with the purposes identified above unless otherwise agreed to in writing by Agent.
2. TERM; USE, DATE AND TIME: The rented space shall be available each day between the general hours of ____:____ a.m./p.m. through ____:____ a.m./p.m. during the period identified herein. Additional access is determined on a case-by-case basis and may be subject to an additional charge. Renter's use of the rented space shall begin at ____:____ a.m./p.m. on __________________, 20____ for the purpose of move-in, set-up, and/or rehearsal, and shall end at ____:____ a.m./p.m. on _____________________, 20____ after Event, strike, and move-out. Event starting and ending times are as follows:
Start Time: ____:____ am/pm on ______________________, 20____
End Time: ____:____ am/pm on ______________________, 20____
Use date(s) requested by Renter and specified in this paragraph are not considered firm until Agent receives this Rental Agreement (fully executed) and the required deposit. Agent must receive this Agreement and the deposit no later than fourteen (14) days from the date they were placed in the mail to Renter or otherwise delivered to Renter. Failure to comply with prompt return of this Agreement means Renter's arrangements for use of The Ever After Estate will automatically be cancelled and void.
3. RENTAL FEE: Renter agrees to pay Agent the sum set forth on the Summary Page for use of The Ever After Estate for the Event. The final fees must be paid thirty (10) days PRIOR to the Event. If this Agreement is signed less than thirty (10) days before the Event, then only cash, cashier s check, or money order will be accepted for payment.
4. SECURITY DEPOSIT: The security deposit must be paid and this Agreement executed in order to reserve the date(s) identified herein. Renter agrees to remit the Security Deposit identified on the Summary Page with the return of this signed Agreement, which will be returned to Renter within fifteen (10) days of final settlement. The Ever After Estate may, upon written or oral notice given to Renter at any time prior to the Event, require Renter to pay an additional deposit to be used as security for anticipated Event related expenses for the Event, including but not limited to anticipated Event Staff charges, equipment rental, advertising, and operations and maintenance charges, and such deposit shall be used to pay such Event related expenses at settlement after the Event.
5. CLEANING FEE; REMOVAL OF PROPERTY Renter is responsible for leaving all buildings and property(ies) in the same condition as before the Event. This includes but is not limited to, removing all trash to the designated area(s), taking down decorations, clearing and cleaning tables, removing all items brought into the building(s), and returning tables and chairs to their original positions. If Renter fails, neglects, or refuses to remove its property from The Ever After Estate, its adjacent parking lots and driveways, or from other premises of Owner, by the date and time set forth in paragraph 2 above, the parties agree that Agent may remove, place in storage, or otherwise dispose of any such property at the sole cost and expense of Renter and, after a period of fifteen (15) days from the last day of use by Renter, the property shall be deemed abandoned and shall become the property of Agent to be disposed of or utilized at Agent's discretion.
6. FACILITY-USE CHARGES: In addition to said rental fee, Renter's Event requirements may create the need for additional types of support. If requirements for additional types of support create additional costs, such costs are to be paid by Renter. Additional facility-use charges may be, but are not limited to: personnel expenses or extra staff; consumable supplies and materials; utilities; services purchased from outside vendors; and equipment rental. The need to incur expenses for supplementary manpower, special-skill personnel, purchased services and equipment rentals is determined by the Agent or its designee, and the Agent or its designee will make arrangements for such supplementary resources after consultation with Renter. An estimate of these expenses will be provided to Renter upon request.
7. UTILITIES: In the event an extraordinary amount of electrical power shall be required by Renter, then Agent shall be reimbursed for said electrical power at prevailing rates. All electrical connections shall be made under the direction of a qualified electrician approved by Agent. Agent agrees to furnish water by means of the appliances installed for ordinary toilet or janitor purposes, but for no other purpose, unless provided for by addition to this Agreement. Water closets and water apparatus will not be used for any purpose other than for which they are constructed, and any damage resulting to them incident to Renter's use of the premises shall be paid by Renter.
8. FOOD AND BEVERAGE SERVICES: All food and beverage service, concessions, and catering operations in The Ever After Estate are the responsibility solely of Renter but subject to approval of Agent. If Renter or its caterer serves alcohol, the party responsible for service of the alcohol must present their license to Agent at least fifteen (30) days in advance of the Event.
9. ALCOHOLIC BEVERAGES: Unless prior arrangements are made with the Agent, possession, service, and consumption of alcoholic beverages in, on, at, near, or around The Ever After Estate are prohibited. Agent reserves the exclusive right to control the possession, service, and consumption of all alcoholic beverages on the premises and all Agent alcohol policies must be strictly adhere to.
10. ALTERATIONS AND DECORATIONS: Renter shall not injure, mar or in any way deface The Ever After Estate and shall not cause or permit anything to be done whereby The Ever After Estate shall be in any manner injured, marred, or defaced. Renter will not drive nails, hooks, tacks, or screws into any part of said premises or furnishings located therein or apply tape or other materials to the walls or permit others to do so. Balloons are allowed so long as they are kept secure; if the balloons come loose, Renter will be responsible for any additional fee(s) imposed by Agent for cleanup of the balloons and for any fine(s) associated with the release thereof. If Event is an exhibit, Renter agrees that at least fifteen (15) days before contracting with a decorating firm, the name of the firm, type of decorations, and the booth layout will be submitted to Agent for approval. Renter shall be responsible for any damage to Agent buildings and equipment incident to Renter's use of said premises.
11. SIGNS AND DISPLAYS: No signs, messages, or other materials may be posted, displayed, or announced in, on, or adjacent to The Ever After Estate or the surrounding property(ies) without prior written approval of Agent. Such materials may not be fastened to any part of the facility except in spaces provided for this purpose and may not interfere with traffic or crowd movement and safety.
12. RULES AND REGULATIONS; DISCLOSURES: Renter agrees to comply with all rules and regulations of Agent and acknowledges receipt of the Disclosure attached hereto as Exhibit B. Agent reserves the right to impose any additional rules or regulations, or to set special rental fees and use arrangements, whether or not expressly provided herein, which may be necessary for the best interest of The Ever After Estate and Owner and such regulations shall be binding upon Renter. Any additional rules or regulations shall be immediately effective upon notice (whether actual, constructive, or otherwise) to Renter.
13. SMOKING: Renter hereby agrees to comply with the smoking policy(ies) established by Agent. Failure to comply with the smoking policy(ies) will result in additional fee(s). THERE IS NO SMOKING INDOORS.
14. INGRESS/EGRESS: All articles, exhibits, fixtures, materials, displays, staging, lighting, and sound equipment of Renter shall be brought into or taken out of The Ever After Estate only at such entrances as may be designated by the Agent or its designee. Renter shall keep aisles, corridors, passages, vestibules, trails, elevators, and stairways free and clear of obstructions and shall not use these areas other than for ingress and egress.
15. PARKING: The Ever After Estate has designated parking anywhere on the Bahia grass acreage EXCEPT where septic tanks are located. Renter is responsible for asking where/learning the location of buried septic tanks and ensuring that their guests neither drive on nor part on said tank areas.
16. SEATING AND OCCUPANCY LIMITS: Persons are not permitted inside The Ever After Estate in excess of the seating or occupancy limits established for the space in which Renter's Event is scheduled or the facility(ies) are designed to hold. Under no circumstances is Renter permitted to print tickets or allow occupancy in excess of the seating or occupancy limits established for the space in which Renter schedules Event. Renter cannot change the seating arrangement once it has been approved by Agent.
17. DONATIONS: No collection of donations, whether for charity or otherwise, shall be made, attempted, or announced in The Ever After Estate without prior written approval of Agent.
18. ADVERTISING RESTRICTION: Renter shall not appropriate or make use of Agent s, Owner s, or The Ever After Estate s name or any of Agent s, Owner s, or The Ever After Estate s trade or service marks or property, in advertising or otherwise, without prior written consent of Agent. Renter shall not advertise the Event, or any part thereof, prior to properly executing this Agreement. If tickets to the Event will be sold, Renter agrees to sell all tickets at the price advertised.
19. PUBLIC SAFETY: Renter agrees to conduct its activities upon the premises so as not to endanger any person lawfully thereon.
20. HAZARDS: No equipment, device, or fixture may be used which, in the opinion of the Agent, endangers the safety or structural integrity of the facility or its occupants. Renter may not operate any engine, motor, or machinery, or use gasoline or other flammable substances at The Ever After Estate except with the prior written approval of Agent, and under such conditions and restrictions as Agent may specify. All electrical connections shall be made approved by Agent, and Agent s, Owner s, or The Ever After Estate s personnel shall operate all house equipment. All equipment brought into The Ever After Estate by Renter will be inspected for possible safety violations, and Agent will have final authority for approval for use of such equipment.
21. CONTROL OF THE FACILITY; NO ENDORSEMENT: Renter is responsible for the conduct of each of its agents, officers, employees, guests, invitees, or assigns; this includes, but is not limited to, responsibility and care for all furnishings and equipment at The Ever After Estate. Agent does not relinquish the right to control management of The Ever After Estate or to enforce all the necessary and proper rules for the management and control of the same. Agent, through its representatives and employees, reserves the right to eject any objectionable person(s) from the premises, and upon the exercise of this authority, Renter waives any right and claim for damages. Agent also reserves the right at all times for any employees of Agent, Owner, or The Ever After Estate to enter the premises. Unless otherwise specified in writing, Agent shall have the right to schedule other similar events both before and after the use, date and time, as set forth in Paragraph 2 above, without notice to Renter. Approval for use of The Ever After Estate does not mean that Agent, Owner, or The Ever After Estate in any way supports, sanctions, endorses, or agrees with the policies or activities of Renter.
22. AS-IS : Renter agrees to accept The Ever After Estate in its as-is condition with all faults. If any damage occurs to the rented premises, or if any repair(s) or replacement(s) need to be made to the premises as a result of or arising out of or related to Renter s use of the rented premises, Renter shall pay Agent, Owner, or The Ever After Estate for any such damage, repairs, or replacements upon demand by Agent.
23. DAMAGES: If any Agent building or equipment, or any portion thereof or the grounds shall be damaged by the act or omission of Renter, Renter's agent, employees, patrons, guests, or any persons admitted to said premises by Renter after the Effective Date of this Agreement, Renter shall pay to Agent, upon demand, such sum as shall be necessary to restore, repair, or replace said premises to their original condition as determined by Agent. Renter hereby assumes full responsibility for the character, acts, and conduct of all persons admitted to Agent campus and The Ever After Estate or any portion of said premises and grounds by consent of Renter or with the consent of Renter's employees or any person acting on behalf of Renter.
24. LIENS: Renter agrees to pay promptly when billed by Agent any costs, expenses, or other charges incidental to the use and occupation of The Ever After Estate. It is further understood that Agent shall have first lien on all properties and/or assets of Renter brought to The Ever After Estate to cover all payments due it under the terms and conditions of this Agreement.
25. TERMINATION OF AGREEMENT: Agent reserves the right to terminate this agreement for good cause not arising out of or related to the actions or inactions of Renter. In the event Agent exercises the right retained by it hereunder, it shall refund, or, as the case may be, release Renter from liability for payment of any amount bearing the same proportion to the total payment provided for in this Agreement as the period in which the facilities are in fact not utilized bears to the total duration of Renter's obligations under this Agreement. Should Agent exercise said right to terminate this Agreement, Renter agrees to forego any and all claims for damages against Agent and further agrees to waive any and all rights, which might arise by reason of the terms of this Agreement, and Renter shall have no recourse of any kind against Agent.
26. CANCELLATION OR DEFAULT BY RENTER: Should Renter cancel the Event covered in this Agreement at any time or otherwise be in default in the performance of any of the terms of this Agreement, no refund of the deposit will be made. If Renter cancels this Agreement less than thirty (30) days prior to the Event, the full Rental Fee (less the security deposit already paid) will be payable to Agent as liquidated damages, not as a penalty. Regardless of the reason for termination, Renter will also be responsible for paying any other reimbursable expenses incurred by Agent in connection with the Event. These remedies shall be in addition to any other remedy available by law to Agent.
27. FORCE MAJEURE: Renter hereby expressly waives any and all claims for any and all losses or damages sustained by reason of any defect, deficiency, failure, or impairment of the water supply system, drainage system, or electrical system leading to or on the premises. In the event The Ever After Estate, or any part thereof, is damaged by fire or flood or if for any reason, including labor difficulties, civil tumult, strike, epidemic, acts or regulations of public authorities, or any cause beyond the control of Agent, Agent determines in its judgment that fulfillment of this Agreement by Agent is impossible, Renter hereby releases, discharges, and will save harmless Agent, Owner, and the Ever After Estate and their officers, employees, and agents from any and all demands, claims, actions, and causes of actions arising out of any of the causes aforesaid. The weather, rendering performance impossible or impractical for Renter, shall not be deemed justification for nonperformance by Renter, who shall nevertheless remain liable for all obligations and payments due Agent as part of this Agreement.
28. INDEMNIFICATION: Renter shall indemnify and save harmless Agent from all loss, costs, and expense arising out of any liability, or claim of liability, for injury or damage to persons or property sustained or claimed to have been sustained by anyone whomsoever, by reason of the use or occupation of the facilities hereinabove described, whether such use is authorized or not, or by any act or omission of Renter or any of its officers, agents, employees, guests, patrons or invitees, and Renter shall pay for any and all damage to the property of Agent, or loss or theft of such property done or caused by such persons. This indemnity shall survive the termination of this Agreement.
29. RELEASE FROM LIABILITY: Agent, Owner, and The Ever After Estate assume no responsibility whatsoever for any property placed in The Ever After Estate and said parties are expressly released and discharged from any and all liabilities for any loss, injury, or damage to person or property that may be sustained by reason of the occupancy and use of said premises under this Agreement, provided the loss, injury or damage is not the result of negligence by Agent, and then only in the manner and to the extent provided by Florida law.
30. 1 DAY EVENT INSURANCE: Prior to coordination with any vendors or to promotion or advertising for the Event, Renter shall furnish Agent a certificate showing that there is in force a policy of liability insurance in the form of comprehensive general liability in which Renter is named as an insured and Agent, Owner, and The Ever After Estate as additional insureds for the following policies: with limits of not less than five million dollars ($2,000,000.00) combined single limit covering bodily injury, including death, and property damage; with limits of not less than one million dollars ($1,000,000.00) combined single limit covering auto liability; and for all employees at The Ever After Estate, Renter shall secure and maintain, from the Effective Date of this Agreement until the termination hereof, Worker s Compensation Insurance compliant with Florida law for all employees connected with the work associated with the Event. With respect to the Worker s Compensation Insurance, in case any of the work is sublet, Renter shall require insurance to be provided by the contracting body(ies). All insurance policies shall be carried with companies licensed to do business in the State of Florida, reasonably satisfactory to Agent, and shall be non-cancellable and not subject to material change except by written approval by Agent. Agent, Owner, and The Ever After Estate are exempt from paying, and are in no way liable for, any sums of money which may represent a deductible in any insurance policy. Further, Agent, Owner, and The Ever After Estate are exempt from, and in no way shall be considered liable as a secondary insurance carrier for the Event or any activity(ies) associated with or arising out of or related to the Event.
31. COPYRIGHT LICENSE: Renter agrees to assume full responsibility for complying with the Federal Copyright Law of 1978 (17 U.S.C. 101 et seq.), any regulations issued there under, and any license requirements including but not limited to, the assumption of any and all responsibilities for paying royalties which may be due for the use of copyrighted work in connection with Renter's performance or exhibition contained in this Agreement. Renter further agrees to furnish to Agent, upon demand, proof of copyright license fee to copyright owners or their representatives. Renter agrees to defend, indemnify and hold harmless Agent from any and all said claims, losses, or expenses, including attorney fees that Agent may sustain or incur by reason of any infringement or violation of any copyright or proprietary right relating to the Event.
32. COMPLIANCE WITH LAWS: Renter shall be responsible for compliance with all federal, State, county, and municipal laws and ordinances; executive, administrative, or judicial regulations, orders, and decrees; and all Agent and/or Owner policies and rules applicable to Renter's performance under this Agreement and for all taxes imposed by law in connection with its use and occupancy of The Ever After Estate. Agent reserves the right to cancel this Agreement if performance hereof is in violation of any such law, ordinance, regulation, decree, or policy.
33. ASSIGNMENT: Renter shall not assign this Agreement or any rights hereunder without expressed written approval by Agent and any attempt to sell or assign this Agreement or any rights hereunder shall automatically and without notice to Renter terminate this Agreement. In such an Event, any and all payments that shall have been received by Agent hereunder shall be deemed to be the property of Agent and, in addition thereto, Renter shall be liable to Agent for any and all damages occasioned by any attempted assignment.
34. SEVERABILITY: If any provision of this Agreement shall be determined to be void, invalid, unenforceable, or illegal for any reason, it shall be ineffective only to the extent of such prohibition, and the validity and enforceability of all the remaining provisions shall not be affected thereby.
35. HEADINGS: Paragraph headings and numbers have been inserted for convenience of reference only. If there shall be any conflict between any such headings or numbers and the text of the Agreement, the text shall control.
36. NONDISCRIMINATION: Renter will not discriminate in any manner on the basis of sex, race, creed, age, color, national origin, religious belief, sexual orientation, disability, or status as a disabled veteran or a veteran of the Vietnam era, and will comply with all nondiscrimination and affirmative action laws, policies, ordinances, and executive, administrative, or judicial regulations, orders, and decrees applicable to Renter or to Agent in the performance of this Agreement.
37. ATTORNEY S FEES: If any legal action is brought by either party to enforce the terms of this Agreement or arising out of or related to this Agreement and/or the Premises, the prevailing party shall be entitled to all costs incurred in connection with that action, including, without limitation, reasonable attorney s fees. In addition, if Agent or Owner utilize the services of an attorney for the purpose of collecting any sums due and unpaid by Renter or arising out of or related to any other breach of this Agreement by Renter, Renter agrees to pay Agent or Owner actual attorney s fees for such services, regardless of the fact that no legal action may be commenced or filed by Agent or Owner or that Renter prevails on some or all of the issues at trial.
38. GOVERNING LAW/VENUE: This Agreement shall be construed, governed, and enforced by and in accordance with the internal laws of the State of Florida. Renter expressly consents to the jurisdiction of the courts of Lake County, Florida should litigation arise between the parties.
INTENDING TO BE BOUND by its terms and conditions, Agent and Renter have caused this Agreement to be signed by their authorized representatives below.
Print Name: Print Name:
On behalf of:
EXHIBIT A C PREMISES PLAN
EXHIBIT B C DISCLOSURES
A. Despite pest control efforts, all dwellings, including luxury homes, may experience some insects or small rodents including geckos, ants, scorpions, centipedes, roaches, wasps, bees, and other minor pests. Renter hereby assumes all risk and liability associated with damage, injury, and/or death caused by or arising out of or related to interaction between Renter and such insects and/or small rodents.
B. June through October is hurricane season in Florida. Although hurricanes striking The Ever After Estate s inland location are a rare event and it is unlikely that a hurricane will damage the property, it is always a possibility and Renter should plan for a hurricane accordingly. In the event of a hurricane, Renter should be aware of any loose furnishings (including lawn furniture, toys, decorations, limbs, trees, shrubbery, fencing, or other items) which may be thrown into the homes or about the premises by strong winds. Further, all of Renter s guests, invitees, employees, or agents must comply with mandatory evacuation orders issued by local authorities and follow any recommendations for preparation for a hurricane.
C. Renter is responsible for supervising any and all family, guests, and invitees using any portion of the Premises at all times. Agent is not providing a lifeguard for the pool, and there are certain risks inherent to persons and property in and around swimming pools (including, without limitation, waterfalls, slides and other water features) and/or Jacuzzi type spas (if available). Children cannot use the swimming pool and/or Jacuzzi type spas (if available) without adult supervision. There are no fences or other barriers around the swimming pools and/or Jacuzzi type spas. Consumption of alcoholic beverages immediately before and while using any Jacuzzi type spas can be dangerous and even fatal. Renter and Renter s family, guests, and invitees will be responsible for exercising due caution and agree to enter and use any swimming pools and/or Jacuzzi type spas at their own risk.
D. There is no smoking indoors anywhere at The Ever After Estate. Most rooms have doors leading to outside patios and decks. Guests may smoke outside anywhere but must discard all cigarette butts after doing so as they are not only unsightly but provide a potential hazard to the property s wildlife. Smoking indoors will lead to an additional USD $1,000.00 cleaning fee deducted from your Security Deposit.
E. It is Ever After s policy that Renters remove their shoes prior to entry of the residences. Evidence of wearing shoes indoors (including, but not limited to, scuff marks or tracks of dirt) may result in additional cleaning fees deducted from security deposit.
G. Renter is cautioned not to swim or bathe in the marshlands surrounding the property as alligators and other potentially harmful wildlife may be present. Alligators are generally NOT a nuisance to man but it is also important NOT TO FEED THE ALLIGATORS UNDER ANY CIRCUMSTANCE to avoid them becoming reliant upon humans. Fishing is allowed. We do not advise Renter or its guests to eat any fish (or other animals) from the Premises; mudfish, by way of example, are generally not edible and tend to be very aggressive when caught.
H. Use at Renter s sole risk. As set forth in this Agreement, Renter acknowledges and agrees that Renter is renting and using the Premises and any other amenities, whether on or off the Premises, at Renter s sole risk and shall not seek to hold Agent and/or Owner liable for any damages arising out of or relating to Renter s act of negligence (whether willful, wanton, reckless, or ordinary), intentional act, or misconduct.
I. Incorporation into Agreement. The foregoing Information is hereby incorporated into and made a part of the Agreement between the parties. Any capitalized terms used in the Agreement which are not defined therein shall have the respective meanings set forth above. In the event of any conflict between this Exhibit or any other provision of the Agreement, the Agreement shall control.
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