Modern Distillery and Skybox Bar

Booking via Scouty constitutes a binding agreement to the following terms: 1) AGE OF GUESTS -- All guests of Greenbar Distillery (hereafter known as "Venue") must be 21 years of age or older unless Renter (hereafter known as "Client") obtains express written consent from Venue's Tasting Room Manager or Assistant Venue Coordinator. Greenbar Distillery has a zero tolerance policy on underage drinking. Anyone found to be engaging in underage drinking in any fashion will be immediately removed from the Event. 2) PRIVATE EVENT – Venues in California may not serve alcoholic beverages without proper licensing during public events; therefore, Venue only hosts events considered to be private. Client certifies that tickets will not be publicly sold for the Event, and that this Event is considered private, not open to the general public, if alcohol is to be served in any form. Client certifies that the Event will not be advertised through any means except within a private corporation or club. If it is discovered that Client has sold tickets or advertised the Event in a public setting, Venue reserves the right to cancel the Event up to and including the day of the Event, and Client agrees to forfeit the deposit paid. 3) OPEN BAR OVERAGES -- In such situations where Client is paying per person for an Open Bar Package: if actual guest count exceeds 25% over the estimated guest count as listed on the Event Proposal, Client agrees to pay 125% of per-person rate for each additional person over the listed guest count to cover Venue's increased cost of goods and labor. 4) GUEST COUNT – All pre-event preparation is done based on Client’s most updated estimated guest count. Venue staff will do its best to accommodate unanticipated additional guests as well as lower guests counts should they occur. Guest count may be updated by Client no less than three (3) days in advance of the Event. Venue is not responsible for any resulting inconveniences, difficulties, financial losses or damages incurred by Client for variances in actual guest count in comparison to updated estimated guest count. For Cocktail Class and Tour & Tasting packages, the final balance due will be based on whichever number is higher between the most recent estimated guest count and the actual guest count. 5) CATERING -- Heating devices and open flames of any kind are strictly prohibited within Venue's first-floor. This includes torches, microwaves, sternos, hot plates, fryers, lighters and toaster ovens. Certain electric warming devices may be allowed upstairs with express written consent of Venue Tasting Room Manager. Any on-site cooking must be done outside the Venue, either on the sidewalk or in our parking lot area via kitchen build. All cooking done on the sidewalk is at the vendor's own risk. Our private lot constitutes private property. It is the responsibility of the Client to inform any outside caterers of this fact. Venue is not responsible for any complications, logistical issues or extra fees incurred by Client due to a vendor's inability to use certain heating devices. Please contact Venue for any catering questions or to schedule a walkthrough with a caterer that is new to Venue premises. Client may work with Venue's preferred caterers. There is no fee to bring in outside food or catering beyond that list, provided they follow the rules and regulations listed in this contract. 6) PROHIBITED MATERIALS CLAUSE -- Please Read Carefully: Outside liquor, non-service animals, firearms, candles, sparklers, fireworks, glitter, confetti, wedding rice, smoke-, snow- and fog-machines are strictly prohibited. Indoor smoking or use of a vaporizer is strictly prohibited. Venue reserves right to remove offending guests or, in certain cases, end Event upon first violation of the Prohibited Materials clause. Use of any prohibited materials that cause excess wear, tear, damage or required cleaning will enact a $250 surcharge billed to Client. 7) ADDITIONAL SERVICES -- All catering, production, decor, etc. coordinated and purchased by Venue must be paid by Client upfront, separate from deposit. A 5% service fee will be assessed by Venue when Venue coordinates catering, production, or other add-on elements from preferred vendors. 8) INSURANCE -- Unless booking through a third party platform such as Peerspace or Splacer, Venue requires Client to obtain General Liability insurance for all groups in excess of 60 guests. This insurance must list Venue as additionally insured, and Client must send a copy of their Certificate of Insurance (COI) to Venue at least 7 days prior to the event date. Requirements: General Aggregate--$2 million. Personal Injury--$1 million. Insurance may be obtained via TheEventHelper.com or other similar websites. 9) RENTAL ITEMS -- Venue is not responsible for the movement, loading, unloading or set-up of any rental items coordinated by Client. Venue is only responsible for arranging furniture owned by Greenbar Distillery in accordance with Client needs. Any and all rental items used for an Event are the sole responsibility of Client. 10) CLEANING -- A one-time cleaning fee of $250 will be added on to the Event Proposal or final invoice for events hosting more than 50 total guests. This cleaning fee will be included in the Event Proposal under "Service," if it is to be charged. If estimated guest count is less than 50 guests, but actual guest count is greater than 50 guests, that $250 fee will be charged retroactively to the card on file. Outside of these two conditions, cleaning is included in the Client's hourly rental rate and is the sole responsibility of the Venue. 11) TIME SPENT IN THE SPACE AND OVERTIME -- Greenbar Distillery is a lively, active event space, and therefore cannot accommodate the use of the space outside of Client's rented hours without prior written consent of the Venue Manager. Rental charges will accrue from initial entry to building, until all guests have left and all furniture, equipment, vendor items and personal items have been removed (or moved to loading bay area with consent of Venue Manager). These rental parameters include any vendors contracted by Client, including but not limited to: caterers, musicians, AV technicians, DJs, etc. If a Client's hired vendors need to be in the space, this will be included in Client's hourly rate. Overtime charges amount to $400 per hour per space and will be charged if Event exceeds 30 minutes past the agreed-upon end-time listed above, including all necessary break-down, vendor exit, and rental-item removal to the loading bay area. Additional hours may be purchased on Event Date for $300 per hour per space if done before the end of the event and agreed up by Venue's on-site supervisor. 12) REFUNDS -- Any Event ending due to violation of these agreed upon terms above will not be subject to a refund of payment to Client in any amount. Any event canceled by Client more than 21 days in advance of the Event Date will be subject to a full refund of whatever amount has been paid to Venue. Any event canceled by Client within 21 days of the Event Date will not be subject to a refund; 50% of the deposit paid can be put towards a future event with Venue. If the Venue cancels the event for any reason outside of violation of this contract by the Client, a full refund of the deposit will be provided to Client. *All experiences in the Add-Ons section above are subject to a full refund if Client decides to cancel more than 21 days in advance of the Event Date. Cancellation of any Add-On experience does not result in the cancellation of this agreement nor the Event itself. 13) FORCE MAJEURE – Neither Venue nor Client shall be liable or responsible to the other, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events that frustrate the purpose of this Agreement: (a) natural catastrophe; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; and (l) shortage of power or transportation facilities. Should any of these Force Majeure events frustrate the purpose of this Agreement and make the hosting of the Event untenable, the Client will be refunded by the Venue in full. 14) HOLD HARMLESS CLAUSE -- Client agrees to indemnify and hold Venue and the property, directors, employees, stockholders and directors of Venue free and harmless from any and all liability, claims, loss, damages, or expenses, including any attorney's fees and/or costs, arising by reason of the death or injury of any person, including Client or any person who is an employee, agent, licensee, guest or invitee of Client, or by reason of damage to or destruction of any property, including property owned by Client or any person who is an employee, agent, licensee, guest or invitee of Client, caused or allegedly caused by some condition of the Property or Venue, the fault of Client, or some act or omission, whether or not negligent or intentional, of Client or any person in, on, or about the Property or Venue as a guest, licensee or invitee of Client. USE OF THE VENUE/EVENT SPACE IS AT CLIENT'S SOLE RISK OF LOSS OR DAMAGE. 15) CONFIDENTIALITY -- Contracts, proposals, agreements remain confidential between Client and Venue. 16) AGREEMENT OF TERMS -- Client booking by Scouty indicates agreement to all aforementioned rules and stipulations, as well as any terms outlined in a corresponding Event Proposal.