ELKO CONVENTION CENTER

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1 ELKO CONVENTION CENTER RULES AND REGULATIONS FOR FACILITY USE The following rules and regulations apply to the use of any or all of the Elko Convention Center facilities and are expressly incorporated in and made a part of each Usage Agreement for use of Convention Center facilities. By signing the usage agreement, the user acknowledges receipt and understanding of these rules & regulations. CONTENTS 1. Priority use 22. Supervision and inspection 2. "Convention Authority" defined 23. Damages for failure to remove 3. Cancellation by Authority 24. Not responsible for User s actions 4. Cancellation by User 25. Security 5. Reserving facility 26. Insurance 6. Usage deposit 27. Service charge 7. Fees 28. Acts of Convention Authority 8. Damage deposit 29. Hold Harmless Agreement 9. Established User waiver 30. Smoking policy 10. Reimbursable expenses 31. Clean up 11. Governmental use 32. Facility meeting room set up 12. Food & Beverage Sales 33. Time survival 13. Closing hours, variance 34. Not assignable 14. Stopping event 35. Altered or amended in writing only 15. Marquee message 36. Attorney fees 16. Decorations, signs, displays 37. Policies now in affect 17. No obstruction 38. Lost or Stolen articles 18. Payment for damages 39. Refusal of bookings 19. Assumption of full responsibility by User 40. Use of Authority equipment 20. Room occupancy limits 41. Pit Cover Policy 21. Ejection of objectionable persons 42. ECVA fee schedule Page 1 of 9

2 1. PRIORITY USE: It has been the stated policy of the Elko Convention & Visitors Authority since construction of the convention facility that the highest priority of use of the Elko Convention Center facilities is for the events that primarily bring persons from out of area and thereby contribute to the economic well being of the entire county. 2. CONVENTION AUTHORITY DEFINED: When used in these Rules and Regulations, "Convention Authority" means the Elko Convention & Visitors Authority Board, its officers, members and employees. 3. CANCELLATION OF AUTHORITY: Use of the facility may be cancelled at any time up to 90 days before User s scheduled event in case the facilities are required for an out-of-town function. In such event, the Convention Authority will make reasonable efforts to relocate event in another facility, but shall be under no duty to find another facility and shall have no liability for such cancellation or failure to find alternate facilities. The Authority will make a refund of 100% of all monies deposited by User in case of cancellation. 4. CANCELLATION BY USER: In case of cancellation by User, usage fees deposited by User shall be returned as follows: 90 days or more written notice of cancellation, 100% refund 60 days or more written notice of cancellation, 75% refund 30 days or more written notice of cancellation, 50% refund Less than 30 days written notice of cancellation, no refund (Damage deposit will be refunded in full). 5. RESERVING FACILITY: The Convention Center will not hold a reservation for any facility longer than 10 days unless a Usage Agreement is signed and deposit paid. If Usage Agreement and deposit is not received, the reservation is automatically canceled and the facility may be booked to another party. 6. USAGE DEPOSIT: A usage deposit of half of the total usage cost must be paid at the time of entering the Usage Agreement. 7. FEES: Usage fees for the Convention Center facilities shall be as set forth in the Elko Convention Center Fee Schedule, 50% of the usage fee must be paid at the Contract signing. Balance of usage and other known fees must be paid no later than 30 days before the event. 8. DAMAGE DEPOSIT: A damage deposit of $200 is required at signing for any non-governmental use, to be held as a deposit against loss and damage, including excessive cleaning requirements not covered by the insurance provided by the User. An additional damage deposit of $ is required for all events where alcoholic beverages are served. The deposit shall be returned to the User within thirty days following the event, minus the cost of any reasonable itemized damage claims of the Convention Authority as certified by the Executive Director of the Convention Center or his designated agent. 9. ESTABLISHED USER WAIVER: At Convention Authority s discretion, high frequency established users may (1) be billed on a monthly basis for their events, which have occurred since the most recent billing. Payment is due upon receipt of invoice. (2) Submit the standard reporting form for catered events on a monthly basis. (3) Granted the option of signing the usage agreement and initialing the rules and regulations which would be kept on file and remain effective for the period of one year, and may be renewable upon review of the Elko Convention Center. (4) Be granted waiver to any part of the rules and regulations by the ECVA Executive Director or designate. 10. REIMBURSABLE: User must pay the cost of tablecloths, napkins, table skirting, any rental from,or any other purchases made by the Convention Authority on behalf of the User at the established Convention Center rates. These fees will be billed in advance. Page 2 of 9

3 11. GOVERNMENTAL USE: FOR LOCAL GOVERNMENTAL PURPOSES: Local governmental uses such as meetings, conferences, training sessions, health fairs, blood drives, and other similar uses may be permitted without usage fee, subject to availability of facilities and payment for the costs of any specifically ordered services, supplies or equipment. All requests for such uses by a local governmental entity must (1) be made by the entity s chief administrative officer, that is the school superintendent, the county administrator or the city manager, as applicable, (2) be in the form of a signed written schedule of activities which such chief administrative officer believes qualifies, (3) contain such chief administrative officer s certification that such entity does not have available facilities as well suited for such activity, and (4) be accompanied by that entity s insurance carrier s certificate of insurance listing the Elko Convention and Visitors Authority as additional insured and loss payees. FOR GOVERNMENTAL SPONSORED NON-GOVERNMENTAL PURPOSES: All local governmental sponsored events which are non-governmental in nature such as banquets, awards ceremonies, proms, dances, graduation parties, exhibitions and other similar uses, in addition to the governmental-purposes requirements above, may pay a usage fee based on actual hours required for set-up and tear-down at the prevailing in-house labor rates, plus the costs of any specifically ordered services, supplies or equipment. Fee may be waived at the discretion of the E.C.V.A. Executive Director. FOR GOVERNMENTAL SPONSORED FUND-RAISING PURPOSES: All local governmental sponsored events which are fund raising in nature, in addition to the governmental-purposes requirements above, may pay the standard usage fees and must pay for any specifically ordered services, supplies or equipment. Fee may be waived at the discretion of the E.C.V.A. Executive Director. STATE AND FEDERAL USES: State and Federal governmental uses such as meetings, conferences, training sessions and similar uses may be permitted without usage fee, subject to availability of facilities and payment for any specifically ordered services, supplies or equipment. All requests for such uses by a local governmental entity must (1) be made by the chief administrative officer of such entity, (2) be in the form of a signed written schedule of activities which such chief administrative officer believes qualifies, (3) contain such administrative officer s certification that such entity does not have available the facilities suited for such activity, and (4) be accompanied by the name and position, address, phone and fax numbers of that entity s official who can, if necessary, provide information concerning the insurance coverage of such entity and the procedure for filing of claims in the events of a claim arising out of the use of the facility for such entity s activity. 12. FOOD &ALCOHOLIC BEVERAGE SALES ON ECVA PROPERTY: The E.C.V.A. has an approved caterers list. Any organization renting space at the Elko convention Center requiring service of food and/or beverage must use the caterers on that list. Any exceptions to this rule must be approved by the Executive Director. 13. CLOSING HOURS, VARIANCE: Except as hereafter provided, every event shall close at a specifically contracted time, in no case later than 11:00 p.m. with facilities vacated no later than 11:30 p.m. Sunday - Thursday, and 12:30 a.m. with the premises vacated no later than 1:00 a.m. Friday and Saturday. Upon good cause shown, the Authority may approve a variance from the foregoing closing hours by ECVA Executive Director. Overtime costs may be charged unless all patrons are vacated and the building secured by the time specified in the contractual agreement with Authority. 14. STOPPING EVENT: Convention Authority may stop any performance or other activity which it considers to be of a nature, or being conducted in a manner, which is offensive to the morals, decency, comfort or safety of the community or a portion thereof, or to prevent destruction or severe damage to property. User specifically waives any right to any claim for damages against the Convention Authority for such action. 15. MARQUEE MESSAGE: Final decision on marquee message is at Convention Authority s discretion. 16. DECORATIONS, SIGNS, AND DISPLAYS: User may not affix or attach signs, placards, displays, decorations to the walls, ceilings, doors, panels, columns or other portions of the premises with tape, nails, staples, screws, or by any other non-permitted method without ECVA approval. Permitted methods of such decoration or display include hanging from hanging strips on each wall and push pins and tacks or any other manner approved by management. Because of serious cleanup problems, NO birdseed, rice, sparkles, confetti or similar material may be used without express approval of the Convention Authority. Page 3 of 9

4 17. NO OBSTRUCTION: No portion of the sidewalks, entries, passages, vestibules, halls, corridors, elevators, ramps, stairways, or access to public utilities of the convention buildings or grounds shall be obstructed by the User or used for any purpose other than for ingress or egress to and from the usage premises. The doors, skylights, stairways, or openings that reflect or admit light into any place in the buildings, hallways, corridors, passageways and house lighting attachments shall not be covered or obstructed by User. Exceptions may be made with E.C.V.A. approval. 18. PAYMENT FOR DAMAGES: The User shall pay the Convention Authority, upon demand, such sums as shall be necessary to restore the premises to its condition prior to User's event if any portion of any convention center building, grounds, equipment shall be damaged by the act, default or negligence of User or User's agents, employees, patrons or guests, or any person admitted to the premises by the User. 19. ASSUMPTION OF FULL RESPONSIBILITY BY USER: User assumes full responsibility for the character, acts, and conduct of all persons admitted to said premises, by or with the consent of any person acting for and by the consent of the User. 20. ROOM OCCUPANCY LIMITS: User shall not admit a larger number of persons than the occupancy limit established by the appropriate regulatory body. 21. EJECTION OF OBJECTIONABLE PERSONS: The Convention Authority may eject all objectionable persons from the Convention Center buildings and grounds. The User, by entering into a Usage Agreement, does expressly waive any rights and all claims against the Convention Authority for any damages resulting from any ejection. 22. SUPERVISION AND INSPECTION: The Convention Authority may enter into or upon the Convention Center facilities and grounds and all usage premises at any time and on any occasion. 23. DAMAGES FOR FAILURE TO REMOVE: In the event that User fails to completely move out of the facility by the time limit set forth in the Usage Agreement, unless written permission and Convention Authority has granted extension, User must pay to Convention Authority the greater amount of: (a) A sum equal to two times the daily usage fee provided for each day, or portion thereof, after the time set in the Usage Agreement, or (b) A sum equal to any other usage fees or damages Convention Authority may lose or suffer because of User's failure to vacate the premises. (c) In addition, the reasonable cost to the Convention Authority of removal of the User s property in order to accommodate the next occupant. 24. CONVENTION AUTHORITY NOT RESPONSIBLE FOR USER S ACTIONS: User, in the performance of the Usage Agreement, shall act in an independent capacity and not as an officer, employee, or agent of the Convention Authority. 25. SECURITY: Each User shall be responsible for providing adequate security to ensure the safety of persons and property from injury and damage. Adequate security should be determined by a qualified professional (i.e. police, posse, etc.) Each User shall meet with the Convention Center no later than 7 days before its event to review needs, if any, for security, and how User proposes to meet those needs. 26. INSURANCE: No person may occupy or use any portion of the Elko Convention Center without first having submitted to the Convention Authority a valid Certificate of Insurance in the amounts specified and required by the Authority for all dates scheduled, including set-up and breakdown days. All applicable insurance coverage required by the Authority must be procured at user s own cost and expense. Any and / or all-insurance certificates must be received by the Convention Authority no later than seven (7) working days prior to the beginning of any event. Failure to supply Authority with the aforementioned insurance certificate by the applicable deadline may result in immediate cancellation of the event. 27. SERVICE CHARGE: A service charge of 1.5% per month shall be added to all balances due and owing to the Convention Center more than 30 days from date of invoice. 28. ACTS OF CONVENTION AUTHORITY: The Convention Authority acts through its Manager whose title is Executive Director. Page 4 of 9

5 29. HOLD HARMLESS AGREEMENT: No Usage agreement will be approved until the User has executed its Hold Harmless Agreement for the protection of the Elko Convention & Visitors Authority, (hereinafter referred to as the PROTECTED PARTY) in connection with any use by User of the Elko Convention Center or the facilities or equipment of either. 30. SMOKING POLICY: Smoking indoors is strictly prohibited per NRS ; smoking tobacco in any form is prohibited within indoor places of employment. 31 CLEAN UP User is responsible for general clean up of facilities. User must remove all debris from walls, floors, ceilings, and tables and deposit it in the appropriate trash containers provided by the Convention Center. Failure to comply with these rules will incur a minimum $ deduction from your damage deposit. Convention Center Management may add further cleaning charges after inspection. 32. FACILITY MEETING ROOM SET-UP: Original room set up charges will be reflected on the contract; room(s) that a client wishes to have RESET will incur a reset fee equal to the normal rental rate for said room(s) alone and or in tandem to include chairs, tables, risers, audio/visual equipment, lights, heat, air conditioning -minimum temperature 65 (Fahrenheit) to 75 (Fahrenheit) podium and in-house sound system, as available. Equipment, tables, etc. outside of meeting rooms are subject to additional charges. (See attached fee schedule) 33. TIME, SURVIVAL: Time is of the essence of each and all the provisions of the Usage Agreement and the provisions of this Agreement shall extend to, and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties. 34. NOT ASSIGNABLE: The Usage Agreement is not assignable by the User, either in whole or in part, without the written consent of the Convention Authority. 35. ALTERED OR AMENDED IN WRITING ONLY: No alteration of the Usage Agreement shall be valid unless made in writing and signed by the parties. 36. ATTORNEY FEES: In case of lawsuit for breach of any condition of the Usage Agreement, the prevailing party shall be entitled to its reasonable attorney fees and costs. 37. POLICIES NOW IN EFFECT OR AS ANNOUNCED HEREAFTER: User agrees to perform in fulfillment of the terms and conditions of the Usage Agreement relating to the use of facilities that are now in effect or that may be adopted hereafter. The Authority reserves the right to modify or to change policies or rental rates. 38. LOST OR STOLEN ARTICLES: The Authority will not be responsible, under any circumstances, for property of the User while on the Convention Center property including loss of articles or equipment left unattended in any facility. 39. REFUSAL OF BOOKINGS: Authority reserves the rights to approve deny, or condition event bookings for any reason whatsoever. 40. USE OF CONVENTION AUTHORITY EQUIPMENT: The Convention Authority may lend specific equipment to co-operating governmental entities on a case-by-case basis. The Authority will not, under any circumstances, lend equipment to individuals, organizations, clubs, and non-governmental entities or for profit companies without the approval of the Executive Director. The authority may lend equipment to non-profit organizations under certain circumstances: (1) When equipment is not readily available for rent from any local business. (2) When equipment is to be used in conjunction with E.C.V.A. functions or events. (3) When said non-profit organization is holding their event on E.C.V.A. property. A Loan Equipment Form must be filled out before equipment being removed from E.C.V.A. premises. See facility manager for the most current list of equipment that will be loaned. Page 5 of 9

6 41. PIT COVER POLICY The pit cover is an optional addition to the theatre stage. It can either be on or off depending on circumstances within the building. The policy of the ECVA is that should a group have a specific request regarding the pit cover that is contrary to the existing status of the cover, a $400 labor charge, (straight time) will apply to install or dismantle the pit cover. Example: Group A follows the Cowboy Poetry Gathering who has the pit cover off. Group A wants the pit cover on; a $400 charge will apply to reinstall the cover. The status of the cover is now on and if group B wants the cover off, a $400 charge will be charged Group B to remove the cover. The status of the cover is now off and the next group wanting it replaced will be responsible for installing it. Should a group book an event between two scheduled events that have contracted the same requirements regarding the status of the cover and their requirements differ from those groups, a charge of $800 will apply to install/dismantle or dismantle/install the cover as needed. The time involved to install or dismantle the cover is labor intensive. A minimum of 4 5 hours each to complete the task is required for a change over. There may be circumstances that allocated time between events prohibits the changeover. The final decision to install or dismantle rests solely with the ECVA. Page 6 of 9

7 42. ECVA FEE SCHEDULE CATEGORY 1 Full Commercial Any commercial or profit-oriented event or any event where building space is for "profit" purpose with fees charged for attendance. CATEGORY 2 25% Discount Usage by: fraternal orders, religious, charitable, literary or scientific associations, state, county, or city or other governmental entities, municipal corporations, districts and agencies, for events wherein building space is not for profit" purposes. CATEGORY 3 40% Discount Usage by: fraternal orders, religious, charitable, literary or scientific associations, state, county or city or other governmental entities, municipal corporations, districts and agencies, for events wherein building space is not for profit" purposes totaling $10, or more annually, based on the ECVA fiscal year. ELKO CONVENTION CENTER FEE SCHEDULE Room/ Per Day Category 1 Category 2 Category 3 Laurena Moren Theatre $ $ $ Green Room $60.00 $45.00 $40.00 Sage Lounge $ $90.00 $70.00 Ruby Room $ $ $ Silver Room $ $ $ Gold Room $ $ $ Turquoise Room $ $ $ Cedar $ $90.00 $70.00 Combined $ $ $ Combined & Lobby $1, $ $ Lobby $ $ $ Timberline Room $60.00 $45.00 $40.00 Outside/Per Day Category 1 Category 2 Category 3 Event Patio $ $ $ Fenced Lot $ $ $ Circle Driveway Grounds $ $ $ Side Grounds $ $ $ Parking Lot (Exhibit Use) $ $ $ Page 7 of 9

8 Room Set Up Theater Style Class Room Style Banquet Style Square Style Horseshoe Style Patio $15.00 $25.00 $25.00 $25.00 $25.00 Audio/Visual Equipment Podium Only $10.00 Sound & Light Technician Theater $50.00 $25.00/per hour Podium & Microphone $15.00 Additional Microphones $10.00 Additional Microphone $10.00 Wireless Microphone $25.00 Wireless Microphone $25.00 Stage Monitors $10.00 VHS, CD, or DVD Player $15.00 Clear-COM Headsets $10.00 Overhead Projector $15.00 Pit Cover (Removal or Installation) $ White Board w/markers $ X6 Projector Screen $ X8 Projector Screen $ " TV $ " TV $25.00 LCD Projector $25.00 All Special order gels will be billed at cost plus 15% (excludes labor for installation). Any special sound or lighting needs requires a minimum seventy-two hour advance notice. Miscellaneous *Telephone Line $25.00 Exhibit Booth Set Up Fees Stage Risers $20.00 Exhibit Booth package $80.00 Portable Dance Floor $ Each exhibit booth will include: 1 skirted table, 2 chairs, pipe, drape and booth identification signs. Piano $25.00 Flip Charts & Markers $12.00 Coffee Water Station $15.00 Pipe and Drape $50.00 Additional Urn of Coffee $12.00 Additional Tables $15.00 Soda Each $1.00 Additional Skirts $5.00 Facility Overtime (Midnight-5:00a.m.) $100.00/hour Additional Chairs $5.00 Fax (Per Page) $1.00 Table, Skirt, 2 Chairs $30.00 Copy Charges (Per Page) $0.10 Electricity Fee (110 Volt) $25.00 Color Copy Charges (Per Page) $1.00 Electricity Fee (220 Volt) $ Labor- 1 hour minimum Forklift w/operator Pipe and Drape Per Lineal ft. $25.00/hour $75.00/hour 8 ft. $2.50/ft. 3ft. Food 12% of caterers guaranteed head count $1.50/ft. All special order linens will be billed at cost plus 15%. *Exhibitors needing internet or additional telephone lines must make arrangements with Frontier Communications. Please Contact Kevin Ancell at Caterers Food and/or Bar Fee Schedule In-House Catering Charges Continental breakfast/refreshments; $15.00 per day plus reimbursement of cost at established rates plus 15%. Over 25 people require a qualified caterer. If Alcohol is Provided By Party Host For: Bar 12% of gross receipts Up to 50 people, $ People, $ and over, $ **Portable Bars $75.00 each; may include additional catering fees. Page 8 of 9

9 Room Information ROOM DATA CAPACITIES ROOM SIZE SQ. FEET CEILING HEIGHT THEATRE SEAT CLASS ROOM ROUND BANQUET 8 x30 BANQUET RECP. (no tables) ROUND W/DANCE FLOOR LAURENA MOREN THEATRE 86x45 Stage 48x45 12,150 24' N/A GREEN ROOM 20x ' N/A N/A 35 N/A RUBY ROOM 30x50 1,500 12' SILVER ROOM 30x50 1,500 12' GOLD ROOM 30x50 1,500 12' TURQUOISE ROOM 56x48 2,688 12' CEDAR ROOM 40x ' N/A COMBINED 149x56 8,148 12' SAGE LOUNGE 25x50 1,250 12' N/A LOBBY N/A 2,500 30' TIMBERLINE ROOM 22x N/A N/A N/A N/A N/A N/A EVENT PATIO 100X N/A N/A FENCED LOT 275 X ,000 N/A N/A N/A N/A N/A N/A N/A Page 9 of 9

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