RENTAL AGREEMENT — THE PILLARS AT ORANGE GROVE (CCMA)
This Letter of Agreement is by and between The Charleston County Masonic Association, Inc., hereinafter referred to as "THE CCMA" and the event named above, represented by the person named above, and hereinafter referred to as "THE USER," entered into in Charleston, South Carolina. This Letter of Agreement will supersede any previous understanding or contract. Time is of the Essence in all of the terms and provisions of this Letter of Agreement. This Agreement grants to THE USER no greater rights than expressly stated and specifically denies any right of possession or occupancy in violation of state and local law or rules and regulations of THE CCMA.
WITNESSETH
Whereas THE CCMA is the operator of The Pillars at Orange Grove Event Venue; and Whereas THE USER wishes to utilize space at THE CCMA for the purpose of hosting a special event; Now, Therefore, in consideration of the mutual promise contained herein and other good and valuable consideration, the parties agree that:
1. TERM. This Agreement shall be for the term of the hours and date listed above ("Commencement" and "Expiration" Date).
2. SECURITY DEPOSIT. A refundable Security Deposit of $1,000 is due at the time the reservation is made. Unless approved in advance by THE CCMA, the deposit is due in the form of a separate check. A full or partial refund will be issued not earlier than 21 business days following the end of the event if all of THE USER's contractual obligations have been satisfied and there is no damage to the facility or its contents.
3. CLEANING FEE. A non-refundable cleaning fee of $250 shall be invoiced with and due at the same time as the final balance (sixty-one (61) days prior to the event), not at the time of reservation. This fee shall be used to clean the building from general use and is NOT intended to modify THE USER's responsibilities to remove all of their items from the premises and to FULLY return the building to the condition it was in prior to the start of the event.
4. FACILITIES AND PAYMENT. THE CCMA is holding the facilities for use by THE USER as listed in Addendum A. In consideration of said Agreement, THE USER shall pay THE CCMA according to the amount and terms as listed in Addendum A. The non-refundable balance is due sixty-one (61) days prior to the event. An additional change fee of $150 is required for any event date or time change requested by THE USER, subject to facility availability; no fee will be imposed if the change results from unforeseen circumstances or error by THE CCMA. THE USER agrees to pay all such additional fees and other costs directly associated with THE USER, if applicable. Payment may be made by check or online payment; credit card payments are subject to an additional 2.9% processing fee.
5. USE OF FACILITIES. Use of facilities for any other purpose than listed above is prohibited without first obtaining the written consent of THE CCMA. THE USER will conform to and comply with all applicable municipal, state and federal laws in using the facilities, and will not use the facilities in any manner contrary to stated use or in such a manner as may tend to increase the existing rate of fire or liability insurance for the facilities. All items, decorations, materials, trash and guests must be completely off the property no later than the agreed upon ending time. Building and rental areas may be used for other purposes by THE CCMA between daily event times.
6. ADDITIONAL SERVICES, FOOD & VENDORS. THE USER may purchase additional services in support of the event, including setup/decorating time, additional rental areas, and approved staffing. All food and beverages served at the Facility must be supplied by THE USER as declared herein or by a CCMA-approved caterer; exceptions may be made only upon written approval of THE CCMA. THE CCMA maintains a preferred caterer list and will provide current preferred caterer contact information upon request. All outside vendors are required to possess a current business license and proper insurance coverage as referenced in the Insurance section. All outside vendors, additional services and setup requirements — including rental equipment, transportation, security detail, engineering support and power requirements — must be listed in Addendum A. Unapproved changes may result in additional fees and may not be accommodated. THE USER agrees to remove all personal property no later than the time and date approved by THE CCMA; property left behind shall be deemed abandoned and may be disposed of by THE CCMA at THE USER's expense.
7. INDEMNIFICATION. THE USER assumes all risk and responsibility for losses, damages, judgments and expenses arising out of its use of and presence on THE CCMA's property, and shall indemnify, defend, and hold harmless THE CCMA, its governing board, officers, agents, employees, servants and assigns from and against any and all claims for damages of every kind and nature, including reasonable attorneys' fees, for bodily injury, death, and/or property damage arising out of THE USER's use or occupancy of the Facility or any act, omission or negligence of THE USER, its agents, contractors, employees, licensees or invitees. This obligation is not limited to the amount of the liability insurance policy required herein.
8. REPAIRS AND ALTERATIONS. THE USER shall take good care of the facilities, fixtures and appurtenances therein. All damage or injury caused by THE USER or its guests shall be repaired, restored, or replaced promptly by THE USER at its sole cost and expense to the satisfaction of THE CCMA. If THE USER fails to make such repairs, same may be made by THE CCMA at the expense of THE USER and shall be collectible as additional rent, payable within three (3) days after rendition of a bill. THE CCMA reserves the right to accept or require payment for damages in lieu of actual repair.
9. INSURANCE. THE USER shall maintain a general liability insurance policy, for itself and any agents acting on its behalf, of not less than $1,000,000 per event and $3,000,000 aggregate, naming THE CCMA, its governing board, officers, agents, employees, servants, and assigns, and The Grand Lodge of Ancient Free Masons of South Carolina as additional insureds. THE USER shall provide THE CCMA a Certificate of Insurance issued by its carrier with the signed contract.
10. LIMITATION OF LIABILITY. In no event will THE CCMA's aggregate liability to THE USER or any third party for losses or damages arising out of the performance or breach of this Agreement exceed the total consideration set forth in Addendum A. In no event shall THE CCMA be liable for any special, incidental, exemplary or consequential damages, including lost profits or loss of goodwill.
11. ALCOHOL & SECURITY. No alcoholic beverage shall be used, distributed, or permitted at the Facility without the express written consent of THE CCMA. Events with alcohol require a separate application and approval process. Bartenders are hired by THE USER, and bartender insurance and event insurance are arranged for and paid by THE USER. Security Staff or Off Duty Law Enforcement Officers approved by THE CCMA are required (4-hour minimum at $50 per hour) and must be present for the duration of the event until the last guest departs.
12. BREACH. Any breach of any term of this Agreement shall be considered an item of default, and THE CCMA, in addition to all remedies available at law, may immediately cease all functions of THE USER until such default is remedied.
13. RIGHT OF ENTRY & OBSTRUCTIONS. THE CCMA's Safety, Facilities, and Engineering personnel and local fire department personnel reserve the right to enter the premises at any time during the term of this Agreement. THE USER shall not obstruct any sidewalks, doors, passages, or ways of access.
14. ADVERTISING & PROMOTION. No advertising or other matter shall be posted or distributed in or about the described facilities, or announced over any loud speaker system, without first obtaining the written permission of THE CCMA. The name of THE CCMA or The Pillars at Orange Grove shall not be used to suggest co-sponsorship or endorsement of any activity without prior written approval.
15. TERMINATION OF EVENT ACTIVITIES / REMOVAL OF PARTICIPANTS. THE CCMA shall have complete authority to terminate any activities and/or remove any participants conducting themselves in a manner deemed unsafe or unacceptable to THE CCMA with verbal or written notice of not less than 5 minutes. THE USER will be responsible for any costs incurred in relocating.
16. MANDATORY STANDARDS & OCCUPANCY. THE USER is responsible for the safety of its attendees and agrees to comply with the Rules, Regulations and Procedures of THE CCMA. THE USER will actively ensure attendees adhere to fire, life-safety and safe occupancy requirements, and at no time will exceed the maximum safe occupancy limit.
17. REPORT OF INCIDENTS. THE USER shall immediately report to THE CCMA, and/or the Charleston City Police, any incident of known or reported injury, abuse, unauthorized absence of a participant, or damage to THE CCMA's property.
18. OUTSIDE ENTERTAINMENT. THE USER must provide THE CCMA a copy of the entertainment contract at least three (3) weeks prior to the rental date if outside entertainment will be hired. THE CCMA sound systems are not designed for event music and will not be used as such, nor used by a band or disc jockey or concurrently while other amplified sound is being used.
19. PARKING. Vehicle parking locations will vary based on the day and time of the event. No overnight event parking is permitted. Vehicles left after the conclusion of an event will be towed at the owner's expense.
20. FACILITY CARE. No stapling, taping, tacking, or nailing of any kind is permitted on interior or exterior surfaces. Prohibited both inside and outside the building: smoke machines; bird seed, rice, or grits throwing; confetti-sized decorations; glitter; fireworks; and open flame (only 2" or smaller votive candles in glass containers are permitted). Smoking is not permitted inside the Facility. THE CCMA, its safety and facilities personnel, local fire department personnel, and the onsite facility representative reserve the right to prohibit additional activities.
21. CANCELLATION POLICY. ALL Cancellations occurring after payment of security deposit or execution of this Rental Agreement, whichever is earlier, will result in forfeiture of the Security Deposit and all fees and all rent. Any Cancellations occurring less than one hundred eighty (180) days in advance of the EVENT Date will result in a $0 refund of all monies paid to date, including but not limited to Security Deposit, all fees, and all rent.
22. FORCE MAJEURE. Should events beyond the control of THE CCMA occur — including acts of God, war, curtailment or interruption of transportation, threats or acts of terrorism, disease, epidemic, governmental travel advisory, or civil disturbance — which would make it unreasonable or impossible to hold the event, either party may cancel this Agreement without liability upon written notice to the other.
23. NOTICES. Any notice under this Agreement shall be in writing and sent by registered or certified mail, return receipt requested, postage prepaid, or by private carrier providing proof of delivery, with a copy to: General Counsel, Charleston County Masonic Association, Inc., 1285 Orange Grove Rd., Charleston, SC 29407.
24. GOVERNING LAW AND JURISDICTION. This Agreement shall be construed and enforced in accordance with the laws of the State of South Carolina. THE USER submits to the jurisdiction and venue of the State or Federal Courts sitting in Charleston County, South Carolina, and agrees that service may be had by mail to the address listed above, deemed made three (3) days after mailing.
25. ASSIGNMENT. THE USER shall not assign, mortgage or encumber this Agreement, nor sublet or permit the facilities to be used by others, without the prior express written consent of THE CCMA.
26. ENTIRE AGREEMENT. This document, including the referenced Addendum A, represents the entire agreement between the parties regarding the use of the specified facilities. There are no oral or written conditions, terms, warranties, or understandings not incorporated herein. This Agreement may only be amended by a written document executed by both parties.
By signing below, THE USER acknowledges receipt and acceptance of all terms, including the Cancellation Policy and Insurance Requirement.