Fayetteville Town Center Policies and Procedures

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1 Fayetteville Town Center Policies and Procedures Reservations Space reservations for the Fayetteville Town Center are granted on a first-come, firstserve basis and are subject to availability. A proposal for rental will be sent to clients requesting reservations, and space will be held for 15 days from the proposal date without contract and deposit. After 15 days, a non-refundable deposit of 50% of the base rental rate is required to guarantee the reservation. If deposit is not received, or if alternative arrangements are not made with the Fayetteville Town Center, the reservation will be made available to other, potential users. Contractual Agreement Whenever a Client confirms tentative reservations with the Fayetteville Town Center, the Town Center Sales Manager will book the event and will send a contract specifying reservation details and a copy of the Fayetteville Policies & Procedures to the Client for signature. The contract must be signed by the Client and returned with the required deposit on or before the stipulated return date, or the reservation will be forfeited. Contract Times Event times must occur between the hours of 8:00am and 12:00am unless otherwise specified by contract. The Fayetteville Town Center allows 1 hour for event break-down including removal of all property and cleaning. The Fayetteville Town Center will enforce event departure times by turning on lights, turning off heat/air and locking all exterior doors no later than 12am. Clients not removing property by 1am will be charged additional fees. Concurrent Usage Unless contractually stipulated, no Client will assume exclusive use of the Fayetteville Town Center facility. The Fayetteville Town Center management reserves the right to coordinate concurrent events at the Fayetteville Town Center. Event Changes The Client has the opportunity to approve/change room arrangement, event plans, number of attendees, and equipment rentals up to one week prior to the event. Clients must provide written approval no later than one week prior to the event. If written approval is not obtained, the Fayetteville Town Center will assume Client s acceptance of plans and will proceed accordingly. Changes requested after one week prior to the event may not be permitted or may incur additional charges. Clean-up Responsibility The Client agrees to leave the Fayetteville Town Center premise in the same reasonable condition as existed at the time the Client took possession. The Fayetteville Town Center reserves the right to determine reasonable conditions. The Fayetteville Town Center will provide normal pre and post cleaning services for each event. Additional clean-up charges incurred due to excessive post-event cleaning will be the responsibility of the Client. The Client will be responsible for any and all damage to the Fayetteville Town Center facility caused by acts of the Client, the Client s agents, guests and/or attendants of the Client.

2 Catering The Client may arrange for use of any approved caterer to provide food service for their event. Regardless of Clients contracts, agreements or arrangements, the Fayetteville Town Center will refuse admittance to caterers who are delinquent on local HMR tax payments, and/or caterers who have previously disregarded Town Center policies and procedures. The caterer is directly associated with the event under which the Client has contracted for use of the Fayetteville Town Center facility, and the Client may be held liable for the actions of the caterer. The Washington County Health Department regulates that served foods must be prepared in a licensed kitchen. The Fayetteville Town Center does not offer catering service but does provide a licensed kitchen for caterers use. The Fayetteville Town Center offers the use of catering kitchen for a fee of $ If the kitchen is not left clean the Fayetteville Town Center reserves the right to assess an additional charge for clean-up. Facility Access Client s vendors, agents and employees will have access to the Fayetteville Town Center facility no earlier than 8am unless otherwise determined by the Client s contract. Vendors requesting facility access outside of contracted times should make requests through the client to the Fayetteville Town Center. In such cases where facility access times are extended, the client may be charged additional fees as deemed reasonable by the Fayetteville Town Center Facility Manager or Sales Manager. Use of Celebratory and Decorative Items Client agrees to prohibit use of incendiary and difficult-to-clean materials for celebratory and/or decorative purposes on any Fayetteville Town Center property. Such items include, but are not limited too, fireworks, rice, bird-seed, confetti, glitter, sand, saw-dust and/or materials that will stain, burn or otherwise damage the Fayetteville Town Center facility. Rose petals are permitted, however an additional charge for cleanup is assessed. Permitted materials include bubbles, streamers, contained candles, dry-ice machines, special lighting, etc. No item shall be fastened to any Fayetteville Town Center wall or painted surface with tape, nails, tacks or any other fastener that may cause surface damage.

3 Alcohol and Alcohol Service The Fayetteville Town Center holds a Large Attendance Facility Permit (Article 1, Section 1.19 (21) of State of Arkansas Alcohol Beverage Control Division Regulations) issued by the State of Arkansas. Under this license and in accordance with Fayetteville Town Center policies, Clients have the following options regarding alcohol service for their events. 1. Host Bar Service Purchased liquor a. All liquor must be purchased through the Fayetteville Town Center (see price list attached). b. Client MAY NOT SELL alcohol. c. Client MAY NOT provide alcohol on a SELF-SERVE basis. d. Client agrees by signature to assume liability for alcohol service and to abide by all laws and regulations of the State of Arkansas regarding the service of alcohol subject to Arkansas Beverage Control penalties. e. Client or Caterer or the Town Center may provide bartenders. i. If the Town Center provides bartenders there will be an hourly charge of $25.00 per bartender and $50.00 set up fee per bar. f. All bartenders are required to sign the ABC issued Alcoholic Beverage Server Awareness Form. g. Client provides liability insurance naming the Fayetteville Town Center as an additional insured and providing minimum general liability of $2,000,000 and bodily injury liability of $1,000,000 per occurrence. Insurance rider or event policy will contain the following language, The Fayetteville Town Center is named as an additional insured with respect to all services made by {client s name} on the premises of the Fayetteville Town Center and must be on file no later than one week prior to the event. h. If determined necessary by the FTC Risk Analysis, Client will provide uniformed security through the Fayetteville Police Department or other local law enforcement agency or through an approved, bonded, professional security service. 2. Host Bar Service Donated liquor a. All Alcohol must be donated by a distributor and verified by letter of acknowledgment from distributor before event. b. Client MAY NOT SELL alcohol. c. Client MAY NOT provide alcohol on a SELF-SERVE basis. d. Client agrees by signature to assume liability for alcohol service and to abide by all laws and regulations of the State of Arkansas regarding the service of alcohol subject to Arkansas Beverage Control penalties. e. Client or Caterer or the Town Center may provide bartenders. i. If the Town Center provides bartenders there will be an hourly charge of $25.00 per bartender and $50.00 set up fee per bar. f. Client provides liability insurance naming the Fayetteville Town Center as an additional insured and providing minimum general liability of $2,000,000 and bodily injury liability of $1,000,000 per occurrence. Insurance rider or event policy will contain the following language, The Fayetteville Town Center is

4 named as an additional insured with respect to all services made by {client s name} on the premises of the Fayetteville Town Center and must be on file no later than one week prior to the event. g. If determined necessary by the FTC Risk Analysis, Client will provide uniformed security through the Fayetteville Police Department or other local law enforcement agency or through an approved, bonded, professional security service. 3. Cash Bar Service a. Fayetteville Town Center must purchase liquor and provide bar service (see price list attached). b. Client provides liability insurance naming the Fayetteville Town Center as an additional insured and providing minimum general liability of $2,000,000 and bodily injury liability of $1,000,000 per occurrence. Insurance rider or event policy will contain the following language, The Fayetteville Town Center is named as an additional insured with respect to all services made by {client s name} on the premises of the Fayetteville Town Center and must be on file no later than one week prior to the event. c. If determined necessary by the FTC Risk Analysis, Client will provide uniformed security through the Fayetteville Police Department or other local law enforcement agency or through an approved, bonded, professional security service. The Client agrees to notify the Fayetteville Town Center of Alcohol Service Provider no less than two weeks or 14 days prior to the event. The Fayetteville Town Center will not permit service in any instance where one or more of the provisions specified for the Client s chosen option has not been met. Food must be provided or sold if alcohol is distributed on Fayetteville Town Center property. The Fayetteville Town Center reserves the right to monitor servers, participants and guest and to enforce the laws of the State of Arkansas governing distribution and service of alcohol including removal of persons, alcohol service and providers. The Fayetteville Town Center will summon local law enforcement in the event that a Client, a Client s participants, guests and/or attendants disregard, ignore and/or breach the laws of the State of Arkansas and/or the City of Fayetteville governing distribution and service of alcohol. Clients, the Client s hired Alcohol Service Providers and attendants must abide by the laws of the State of Arkansas governing the distribution and service of alcohol. Arkansas State Law prohibits the presence of gambling or gaming equipment in facilities holding an Arkansas issued alcohol license. Arkansas State Law prohibits lewd and/or lascivious activity in facilities holding an Arkansas issued alcohol license. Arkansas State Law prohibits alcohol outside of the building. Alcohol service, regardless of provider, will be strictly monitored by the Fayetteville Town Center. Clients must notify the Fayetteville Town Center in advance if kegs are to be served. Clients serving keg beer at their functions will be required to pay a fee of $50 per keg prior to the delivery of the kegs to the Fayetteville Town Center. Kegs must be contained in leak/spill proof containers and must be brought into the facility on rollers to prevent damage to facility flooring. Clients will be billed for excessive cleaning for spills, breakage and damage resulting from alcohol service.

5 The Fayetteville Town Center assumes no responsibility for property damage or bodily injury resulting from an act or omission on the part of the Client, the Client s participants or the Client s attendants due to alcohol consumption. The Fayetteville Town Center is not responsible in the event alcohol is served to a minor. Any regulation of alcohol consumption at the Client s event is the sole responsibility of the Client and should be in accordance with state and federal regulations.

6 Parking The Fayetteville Town Center Parking Garage is maintained by the Fayetteville Town Center and monitored by the City of Fayetteville staff. Parking is provided on a per entry basis at a rate of $3.00 per vehicle. Fees for parking usage are paid in cash or by pre-paid card at the East Street entry gate machine. Parking machines will accept pre-paid parking cards, $5 and $1 bills, quarters and Fayetteville Town Center tokens. Parking machines will not accept any other facility s tokens, credit cards or money in denominations other than what has been previously stated. The Fayetteville Town Center reserves the right to contract negotiated parking reservations and pricing with Clients. Parking spaces can be rented quarterly at a rate of $50.00 per month. Bulk tokens may be purchased at discounted rates. Client and/or renters should contact the City of Fayetteville Utilities Division at for more information. The Fayetteville Town Center has first use priority and may prohibit public parking when reserving garage parking spaces for events. The Fayetteville Town Center provides free parking on Saturdays from 6am to 6pm. Parking is not permitted in fire zones or loading dock areas. Unauthorized vehicles in these areas will be towed at the owner s expense. Obstructions and Damage No portion of entryways, passages, halls, elevators or access to public utilities of the Fayetteville Town Center facility or premise may be obstructed or caused to be obstructed by the Client or caused or permitted to be used for any purpose other than entry and exit to and from the Fayetteville Town Center. Damage to Fayetteville Town Center facility or equipment, by the Client, the Client s agents, guests or attendants, resulting from misuse shall be paid for by the Client. Smoking Smoking is prohibited in all interiors areas of the Fayetteville Town Center. Items Left on Premise Any item left by the Client after an event will become the property of the Fayetteville Town Center unless arrangements are made with the Fayetteville Town Center prior to the event. The Fayetteville Town Center assumes no responsibility for incurring any costs associated with returning items. The Fayetteville Town Center will charge storage fees for articles left at the facility more than 2 hours after completion of an event or will discard items as staff sees fit.

7 Photographs and Video The Fayetteville Town Center will, on occasion, photograph or record events taking place in the facility. The Fayetteville Town Center retains the rights to all printed, digital and recorded material for purposes of advertising, promotional and display purposes unless expressly prohibited in writing by the Client. Storage The Fayetteville Town Center will not accept any shipped goods unless prior arrangements have been made with the appropriate staff. In the receipt, handling, care or custody of property of any kind delivered to the Fayetteville Town Center for or by a Client, the Fayetteville Town Center staff shall act solely for the accommodation of the Client. Neither the Fayetteville Town Center nor its staff shall be liable for any loss, damage or injury to such property. The Fayetteville Town Center will charge clients for storage needed prior to or after an event. Published storage fees apply. Animals Animals, other than those required by persons with disabilities, will not be allowed in the Fayetteville Town Center for any reason other than for use in a contracted event. In the event animals, in any number, are required for an event, the animals will only be allowed in the facility for such time that they are needed to participate in the event. Lodging The Client or any person or person claiming to be acting for the client are prohibited from using the Fayetteville Town Center premises as overnight lodging accommodations. Insurance The Fayetteville Town Center Facilities Manager, Sales Manager or Event Manager will determine the possible risk of physical damage or personal liability a client or potential client may generate. The Client will be required to furnish a certificate of insurance naming the Client as insured and containing the following language, The Fayetteville Town Center is named as an additional insured with respect to all activities by the Client held on the premises of the Fayetteville Town Center on the date(s) of pursuant to policy number. Such insurance shall provide for a minimum of premises bodily injury liability of one million dollars ($1,000,000) per occurrence. The Manager may also determine whether a client will be required to provide professional security for their event. Security must be provided by the Client through the Fayetteville Police Department or another approved, accredited security service. Compliance with Laws No activities in violation of federal, state or local laws, ordinances, rules, regulations or the opinion of the Board of Health shall be permitted on Fayetteville Town Center premises. Clients shall be responsible while under the terms and period of the Contract to enforce this provisions.

8 Permits, Licenses and Fees Clients shall obtain all permits and licenses required by federal, state and/or local laws, ordinances, rules and regulations for the Client s event. The Client shall indemnify, defend and hold harmless the Fayetteville Town Center from any claims or costs including legal fees that might arise from the misappropriation, negligence or illegal actions of the Client, the Client s attendants and/or the Clients attendees. The Fayetteville Town Center Facilities Manager or Sales Manager shall, either prior to or subsequent to an event, have the right to require any Client to furnish satisfactory evidence that such client has obtained all such documentation. Collections No collections, donations or solicitations of money or goods of any kind shall be made on the Fayetteville Town Center premises by the Client, the Client s attendants and/or the Client s attendees without first obtaining permission from the Fayetteville Town Center. Objectionable Persons The Fayetteville Town Center management reserves the right to eject or cause to be ejected from the premises of the Fayetteville Town Center any objectionable person or persons. Neither the Fayetteville Town Center nor any of its officers, agents or employees shall be liable to any Client for any damages that may be sustained by such Client subsequent to the exercise of such right by the Fayetteville Town Center management. The term objectionable persons shall include those persons who by virtue of disorderly conduct, drunkenness, disruptive behavior, violation of Fayetteville Town Center policy, city, state or federal law, make the normal and proper conducting of business or an event or the enjoyment by others of such event difficult or impossible. Refusal to Rent The Fayetteville Town Center management shall refuse to rent the Fayetteville Town Center facility for any event, activity or performance if it is determines that such event, activity or performance or the anticipated audience response to such event, activity or performance may cause damage to or the unusual risk of damage to, the Fayetteville Town Center facility, staff or guests.

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