The State of Texas
County of Shackelford
This contract and agreement is made by and between the OLD JAIL ART CENTER, whose address is 201 South Second Street, Albany, Texas, 76430, (hereinafter called “OJAC” and “Lessor”), and the person, persons, caterer, or organization named in the Facility Reservation Form, as Lessee (hereinafter called “Lessee”).
WITNESSETH:
For the consideration hereinafter set out, OJAC does hereby rent to Lessee that part of the OJAC set forth in the Facility Rental Reservation Form attached hereto, subject to the following terms and conditions:
This Rental Agreement shall be restricted to the date(s), times and purposes specified in the Facility Rental Reservation Form.
The use of the premises is subject to the following provisions:
Fees
The Rental Fee (see Facility Rental Information and Fee Schedule) shall include the use of designated OJAC facilities, and setup and breakdown of tables and chairs (with the exception of free rentals). A Booking Deposit and a Security Damage Deposit is required at time of booking. Additional staff and/or security needed for event will be paid for by Lessee.
Payment
Lessee will pay the balance due by certified check, money order, personal check, credit card, or cash (unless other arrangements are made in advance with OJAC) 60 days prior to the event. If payment is not made according to the Facility Rental Agreement, Lessee shall not be permitted to use the facilities.
RELEASE, HOLD HARMLESS AND INDEMNITY:
LESSEE HEREBY RELEASES, HOLDS HARMLESS AND INDEMNIFIES OJAC AND ITS OFFICERS, AGENTS, EMPLOYEES OR TRUSTEES FROM ANY AND ALL LOSS, CLAIM, PERSONAL INJURY, DEATH, DAMAGE, DEMAND, LIABILTIY, SUITS, CAUSE OF ACTION, EXPENSE AND COST, INCLUDING COURT COSTS, REASONABLE ATTORNEY FEES, COSTS OF DEFENSE AND/OR SETTLEMENT ARISING DIRECTLY OR INDIRECTLY FROM:
(A) LESSEE’S ENTRY ONTO OR USE OF THE PROPERTY OR ANY LICENSE, PRIVILEGE, ACTIVITY OR SERVICE PERTAINING THERETO; AND/OR(B) ANY ACT, OMMISSION, NEGLIGENCE, NEGLIGENCE PER SE, MISREPRESENTATION, BREACH OF CONTRACT, STRICT LIABILITY OR ACTS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES ACT (DTPA) OF THE OJAC OR ITS OFFICERS, AGENTS, EMPLOYEES OR TRUSTEES.
Compliance with Laws and Usage Rules
Lessee, its guests, invitees, employees, and agents shall comply with all municipal, state and federal laws and rules and regulations of the applicable regulatory agencies, while using the facilities of the OJAC. Lessee shall further comply with usage rules attached as Exhibit A.
Planning
Lessee shall submit a table/seating chart and setup arrangements at least 15 days prior to the event so that the OJAC personnel can be scheduled for setup and breakdown of tables and equipment. The OJAC requires a meeting with the caterer, who must read the OJAC’s rental policy and sign the reservation form. All equipment, catering, and rental deliveries must be scheduled with the OJAC Event Coordinator prior to the event. Deliveries will not be accepted at any other time than the time for which they are scheduled. There will be no activity outside the contract time. Setup for an event can only begin at the time designated on the Facility Reservation Form, and not before. This applies to all vendors: caterers, florists, photographers, musicians, and rental companies.
Restricted Use
Lessee shall use only the galleries, facilities, and equipment listed on the Facility Rental Reservation Form as approved by the OJAC. If approved for use, all other galleries and public areas will be closed for touring/viewing 1 hour after event begins during the museum’s normally closed hours. No other space, interior or exterior, will be used without the consent of the Executive Director. The Marshall R. Young Courtyard will be rented only with special permission.
Damages
Lessee shall pay the OJAC for all damages caused by the Lessee and/ or Lessee’s caterer, agents, employees or any of the invitees of Lessee, or any persons attending a function sponsored by Lessee, to building, grounds, furniture, carpet, equipment, and any works of art. The Security Damage Deposit will be kept, and damages beyond the security deposit are to be paid to the OJAC within five (5) days from the date a damage’s statement has been submitted to the Lessee by the OJAC.
Attorney’s Fees
In the event the OJAC requires the services of an attorney to pursue any of the remedies available under this Agreement against the Lessee, including filing of a lawsuit, and Lessee is determined by a court of competent jurisdiction to be in default hereunder, the Lessee shall pay all costs and expenses, including, but not limited to, reasonable attorney’s fees incurred by the OJAC in the enforcement of this Agreement.
Venue
Venue shall be in Shackelford County, Texas.
Entireties
Should any clause, paragraph, sentence, or section of this Agreement be determined to be void, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall not be rendered void and unenforceable as a result but rather shall remain in full force and effect.
Amendments
No amendment or change to this Agreement shall be effective unless made in writing and signed by all parties.
Lessee shall be responsible for enforcing the guidelines and rules set forth herein, and shall promptly report to OJAC any incidents, which might adversely affect the artwork and/or the facility. Lessee agrees to instruct any persons assisting Lessee of the rules and to instruct them to abide by the same. Anyone violating the terms of this agreement is subject to removal from the premises by Lessor.
Lessor (Old Jail Art Center Staff):
By: OJAC Administrative Assistant 2023