Temporary Use Agreement
1. This agreement is between the Austin Apartment Association (the “Provider”) and ____________________________________________________,(the “User”), and includes the attached Waiver of Liability and Hold Harmless Agreement.
2. This agreement allows the User to use only a specifically designated part of the Provider's facility, located inAustin, Texas 78757 as selected, the "Provided Space":
□ Training Room (capacity 70)
□ Board Room (capacity 15)
□ Small Conference Room (capacity 12)
3. For the use of the Provided Space as selected in paragraph 2, the User agrees to pay Austin Apartment Association the amount of $_____________________, due in full prior to the date of usage. All usage of the Provided space must also be guaranteed with a major credit card, for additional charges, if any. See Addendum A: Facility Use Fees.
4. This agreement allows the User to use the Provided Space, as described in the preceding paragraph, for: __________________________________________________(Event Purpose) with approximately____(Number) of attendees.
5. User □ does OR □ does not choose to rent Provider' s Laptop Computer within the Provided Space, calculated at the rate of $100 for 4+ hour rental or $50 for a 4 hour or less rental. This amount will be charged at the time the usage fees in paragraph 3 are charged. Provider' s staff will not be available to assist with setup, connection or usage of the equipment.
6. User □ is OR □ is not approved to bring food into Provider's facility. The type of food, if any, to be brought by or on behalf of User into Provider' s facility must be pre-approved by Provider; and the provisions of the Rules and Regulations, contained in paragraph 17 below, will apply.
7. The User agrees to leave the Provided Space in the same condition in which it was given to the User at the beginning of the usage period. If the Provided Space is not left free of debris and trash, a clean-up fee of $200.00 will be assessed. In addition, any damage to the Provided Space will result in a charge to User of the amount required to return the Provided Space to its previous condition. This charge will be determined by Provider in its sole discretion. The amount will be charged to the credit card used to guarantee the usage, as provided in paragraph four.
8. User agrees to and hereby does release Provider from, and indemnifies and holds Provider harmless against, any and all claims, demands, damages, costs, and expenses for injury or damage to the person or property of the User, or any other party, arising out of any use or occupancy of the Provider' s facility and the Provided Space, and includes the reasonable attorney's fees incurred by the Provider in connection with defending against the claims and demands which are or may be asserted. The agreement contained in this paragraph INCLUDES CLAIMS OR DEMANDS BASED UPON THE NEGLIGENCE OF THE PROVIDER, OR THE PROVIDER'S AGENTS, EMPLOYEES, OR CONTRACTORS, as well as claims based upon the conduct of the User, and the User's agents, contractors, employees, subtenants, concessionaires, invitees or licensees. If any action or proceeding is brought against the Provider by reason of any such claim, the User, upon receipt of notice from the Provider, will defend the action or claim or proceeding at the User's sole cost and with legal counsel acceptable to and approved by the Provider.
9. By signing this agreement, the User acknowledges and agrees that the audio-visual equipment, and all other property of the Provider kept within the Provider's facility is the property of the Provider. As stated in paragraph seven, the User will be responsible for any damage that occurs to the equipment or property during User's use of the Provided Space and the Provider's facility.
10. Failure to comply with any provision of this agreement will be deemed a default by the User. In the event of a default, the User agrees to indemnity the Provider for any damages suffered as a result of the User's default, including but not limited to reasonable attorney's fees, actual damages, and any other costs associated with the User's default.
11. All parties to this agreement expressly agree that this agreement to use the Provided Space does not constitute a joint venture, partnership, or sponsorship between Provider and User, in whole or in part.
12. By signing this agreement, the User agrees to follow all rules and regulations established by Provider with respect to the usage of the Provider's facility and the Provided Space, as outlined below.
Rules and Regulations
13. Equipment of any type, located at the Provider's facility, other than the audio-visual equipment referred to in paragraph five above, will not be available for use by the User or any person connected with or attending User's program at the Provided Space. This includes, but is not limited to, computers, copiers, faxes, scanners, or office equipment and supplies of any type. The User shall provide all supplies and equipment it needs for its program, other than the Provider's audio-visual equipment which the User may rent as described in paragraph five above.
14. Use of scotch tape, nails, push pins, pins, or any other damaging fasteners are not allowed to be used on the walls or the ceilings of the provided Space of the Provider's facility.
15. Smoking is not permitted inside the Provider's facility or anywhere near (i.e. withing 20 feet of the main entry door) the entrance to the Austin Apartment Association space, per Austin city ordinance.
16. No lighters, candles, matches, or flammable objects are to be used in the Provider's facility.
17. Food and beverages are not permitted in the facility without the Provider's prior approval, which shall include but not be limited to checking the "IS" box in paragraph six of this agreement. No chafing dishes with an electric heating element, or chafing dishes requiring a flame, are allowed in the Provider's facility without an approved catering company employee present in the serving area.
18. No alcoholic beverages, including beer and wine, are to be served during or in connection with the User's use of the Provided Space.
19. The agreement may be cancelled until 7 days prior to the first day of the use in paragraph 3 of this agreement, without penalty. If the agreement is cancelled between 7 days and 48 hours prior to the first day of use, the User will be charged fifty percent (50%) of the fee set forth in paragraph four of this agreement. Cancellations that occur less than 48 hours before are not refundable. Receipt of the notice, not its giving, shall control timeliness.
20. The Provided Space is within an existing business location, and because use of space is within normal business hours 8:00 a.m. to 5:00 p.m. Monday through Friday, noise levels must be that of normal business activity so as not to disrupt the Provider and their business operations.
21. The Provided Space is only available from 8:00 a.m. to 5:00 p.m. Monday through Friday.
*AAA Members Will Receive a Discounted Rate. Inquire within.