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1 Credit Application Name/Address Last: First: Middle Initial: Title Name of Business: Tax I.D. Number Address: City: State: ZIP: Phone: Cell Phone: Address: Organization Information Type of Organization: In Business Since: Legal Form Under Which Organization Operates: Corporation Partnership Proprietorship If Division/Subsidiary, Name of Parent Company: In Business Since: Name of Company Principal Responsible for Business Transactions: Title: Address: City: State: ZIP: Phone: Name of Company Principal Responsible for Business Transactions: Title: Address: City: State: ZIP: Phone: Bank References Institution Name: Institution Name: Institution Name: Checking Account #: Savings Account #: Address: Address: Address: Phone: Phone: Phone: 1

2 Trade References Company Name: Company Name: Company Name: Contact Name: Contact Name: Contact Name: Address: Address: Address: Phone: Phone: Phone: Account Opened Since: Account Opened Since: Account Opened Since: Credit Limit: Credit Limit: Credit Limit: Current Balance: Current Balance: Current Balance: I hereby certify that the information contained herein is complete and accurate. This information has been furnished with the understanding that it is to be used to determine the amount and conditions of the credit to be extended. Furthermore, I hereby authorize the financial institutions listed in this credit application to release necessary information to the company for which credit is being applied for in order to verify the information contained herein By: Date: 2

3 The Boys Club of New York and Camp Cromwell, Inc. LICENSE AGREEMENT DESCRIPTION OF ORGANIZATION: Organization ( Client ) Contact Name Title Street Address City, State, ZIP Area + Phone Number Area + Fax Number Cell Phone Number Address This Agreement between Client and The Boys Club of New York ( BCNY ) sets forth our agreement respecting the basis on which BCNY will grant a license for recreational facilities, conference rooms, meeting rooms, or other space and/or services for the following Client event (the Event ): Event:, Purpose: Location: (the Space ) See Schedule A Term:, period beginning : [AM][PM] 20 and ending : [AM][PM] 20 Client understands that the Space it seeks for the Event may not be available. Accordingly, this agreement shall not be binding upon The Boys Club of New York unless and until it is signed by The Boys Club of New York and the Client. LICENSE FEES/TAXES: The Total Fee for the Space during the Term shall be $ [per day][per hour] or any part thereof] including any applicable [Catering, AV Fee(s), or Special Fee(s)] specified below. Basic License Fee [per day][per hour] x [days][hours] Food and beverage AV Fees Additional Fees TOTAL FEE 3

4 Client will be responsible for and will pay any applicable taxes, including sales or occupancy taxes, directly attributable to the Total Fee(s). METHOD OF PAYMENT and DEPOSIT The Total Fee may be paid by major credit card or by Client s company check. Client agrees to furnish to BCNY, and that BCNY may have access to, all information reasonably requested by BCNY to enable BCNY to determine the amount and conditions of the credit to be extended. Furthermore, Client hereby authorizes the financial institutions with which it deals to release necessary information to BCNY in order to allow BCNY to verify Client s financial information. Client shall pay an advance deposit in the amount $ shall be credited toward the Total Fee(s), and shall be due upon execution of this Agreement. The outstanding balance of the Total Fee with respect to the Event will be due and payable upon receipt of invoice. Client will raise any disputed charge(s) within 15 days after receipt of the invoice. BCNY will work with Client in resolving any such disputed charges, the payment of which will be due upon of receipt of invoice after resolution of dispute. If payment of any invoice is not received within thirty (30) days of the date on which it was due, BCNY will impose, and Client agrees to pay a finance charge at the rate of the lesser of 1-1/2% per month (18% annual rate) or the maximum allowed by law on the unpaid balance commencing on the invoice date. Additional rooms or spaces requested are subject to additional fees. If a change to the original room set up is requested with respect to the terms contained in this Agreement, BCNY may impose an additional reasonable labor charge. Client is responsible for all arrangements and shipping charges to and from the Space for all eventrelated materials provided by Client. CANCELLATION POLICY/CREDITS For the Event Client committed to attendees. If the Event is cancelled Client agrees to pay BCNY as liquidated damages within 30 days, as follows: 1. If Client cancels the Event with advance notice of three business days or more (Weekends and Holidays not included), Client shall be liable for 80% of all contracted fees. 2. If Client cancels the Event with advance notice of less than 3 business days. Client shall be liable for 100% of all contracted fees. BCNY agrees that after receipt of those amounts, it will not seek further damages resulting from the cancellation or attrition of such functions. 4

5 [No food or beverage may be permitted to be brought in by Client or a third party without written consent by BCNY.] CHANGES, ADDITIONS, STIPULATIONS OR LINING OUT Any changes, additions, stipulations or deletions including corrective lining out by either party will not be considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in writing by the other. OVERTIME USE Client understands that all fees quoted for use of the Space are based on occupancy between the hours [specified on the first page hereof] [of 8:00A.M. and 6:00P.M]. and Client will be charged an additional hourly overtime rate for use of the Space during any other time or times. DAMAGES TO THE FACILITY Any excessive damage to the facility or grounds, beyond normal wear and tear, or loss or liability incurred by BCNY during occupancy of the Space by Client any of the Client s representatives, guests or organizations contracted by the Client will be the responsibility of the Client and be billable to Client at prevailing rates of either The BCNY employees or outside contractor(s) chosen by BCNY. Any items to be put on any walls or any directional or other signage to be placed or displayed in common areas must be approved in writing by BCNY prior to any placement. TERMINATION; IMPOSSIBILITY If Client breaches or defaults in the performance of any terms or conditions of this agreement, or any other agreement between Client and BCNY, including payment of fees and maintenance of required insurance in strict accordance with this agreement, and such fault is not cured to the satisfaction of BCNY within a reasonable time after written notice thereof from BCNY, BCNY may, without further notice, declare this License terminated and re-enter into possession of the Space and remove all persons and property there from without the necessity of resorting to any legal proceeding and Client shall continue to be liable for the License Fee hereunder, and for any and all damages caused by its default including, without limitation, the liquidated damages provided above. Failure to terminate or to re-enter shall not constitute a waiver by BCNY of any remedy. The performance of this agreement is subject to termination by either party without liability upon the occurrence of any circumstance beyond the control of either party such as acts of God, war, terrorism, government regulations, disaster, labor strikes, civil disorder to the extent that such circumstances makes it illegal or impossible to provide or use the Space. The Agreement may be terminated for any one of the above reasons only upon written notice from either party to the other within ten (10) days of learning the basis for termination. TAX EXEMPT STATUS If Client s organization is tax exempt, a state sales tax exempt certificate is required to be on file at BCNY prior to the Event. Tax exemption will be honored if payment of the function is made by 5

6 check or credit card from the appropriate exempt organization. No tax exemption will be honored with a cash transaction or personal check. LITIGATION EXPENSES This agreement shall be governed by laws of the State of New York as to all matters, including but not limited to matters of validity, construction performance and remedies. Any suit or action arising out of or relating to this agreement shall be brought in the State of New York. The parties agree that, in the event of any litigation relating to this Agreement, the non-prevailing party in such litigation will pay the prevailing party s cost resulting from the litigation, including reasonable attorney s fees. LIQUOR LICENSE Client understands that BCNY has no liquor license and that no alcoholic beverages may be dispensed in the Space. INSURANCE Client, by signing below, agrees that it and/or agents or sub-contractors shall maintain and keep in force during the period of this Agreement, property, general liability, Workers Compensation/Employers Liability, automobile and umbrella insurance coverage. Client, must submit a valid insurance certificate to BCNY [days][weeks] before the Event, stating a minimum of $1,000,000/$2,000,000 general liability insurance including contractual liability, $1,000,000 CSL on Automobile, $1,000,000/$1,000,000/$1,000,000 on Employers Liability and a minimum of $2,000,000 umbrella insurance, with the BCNY named as Additional Insured. Client will not be allowed to move in to the Space until a certificate of insurance is provided. All of the above policies shall include a primary non-contributory endorsement and a waiver of subrogation against BCNY. Client shall cause to be included in all such insurance policies a provision to the effect that the same will be non-cancelable except upon twenty (20) days written notice to BCNY. Prior to taking occupancy of the Space, Client shall deliver to BCNY the original policies for the insurance required hereunder or, in the alternative, appropriate certificates evidencing the existence and terms of such policies. INDEMNIFICATION Client, agrees that it and/or it s agents &/or sub contractors shall indemnify, hold harmless, and defend BCNY and its board of directors, Trustees, officers, agents and employees against all losses, claims, liabilities, damages, expenses and judgments suffered by or asserted against BCNY and expenses (including, without limitation, attorney s fees and expenses incurred by BCNY (i) for any injury including sickness, disease to and/or death of any persons, and any loss of, through theft or otherwise, or damage to property arising in any way in connection with the use and enjoyment of the premises/space by Client or, or of any other person or entity with the permission, express or implied, of Client of the Space; or (ii) arising out of the use of patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished to or used by Client, or other person in connection with the use of the space. If BCNY shall be made a party to any litigation commenced by or against Client or relating to this Agreement or Space, Client shall pay all costs and expenses, including reasonable attorney s fees and court costs, incurred by or imposed upon BCNY 6

7 by virtue of such litigation. Client assumes all risk of loss or damage to any and all property, displays, inventory, or other material or goods that it transports or brings to the Space, and releases BCNY with respect to any loss from any cause whatsoever, including but not limited to fire, theft, vandalism or any act of God. Client acknowledges that Client has been advised to take appropriate measure to safeguard its property at all times. SUB-LETTING; USE The Client will not sub-let or permit the subletting of any area within its space, or assign or otherwise transfer of any of Client s rights hereunder without the express written agreement of BCNY. The Space shall be used by Client solely as and for the purpose described on the first page hereof, and for no other purpose. Client shall not: use or permit the use of the Space or any part thereof o in any way that would violate this Agreement or o for any unlawful purpose or in any unlawful manner or o in violation of the Certificate of Occupancy for the building or property in which the Space is situated, or suffer or permit the Space or any part thereof to be used in any manner, or allow anything to be brought into or kept therein, that, in the judgment of BCNY, in any way impairs or tends to impair the character, reputation or appearance of the such building, or impair or interfere with any of the building services or the proper and economic heating, cleaning, air-conditioning, ventilating or other servicing of the building or the Space, or impair or interfere with the use of any of the other areas of the building, or occasion discomfort, inconvenience or annoyance of any other clients or occupants of the building, or engage in any conduct which increases, or tends to increase, BCNY's costs of operating the building. Client shall not install any electrical, audio, or other equipment of any kind that, in the judgment of BCNY, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Client shall not place a load upon any floor of the space exceeding the floor that such floor was designed to carry and that is allowed by law or allow any occupancy in excess of the maximum occupancy allowed by law or regulation. BCNY and its agents shall not be liable for any injury or damage to persons or property (including, but not limited to, loss of profits and injury to business) resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Building, or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of any nature, unless any of the foregoing shall be caused by or due to the gross negligence or willful misconduct of BCNY. 7

8 PUBLICITY Client hereby grants to The Boys Club of New York a non-transferable license to use and display the Client s name as well as sounds and images (in any medium) of any Client Events occurring at The Boys Club of New York in connection with the advertising, promotion and marketing the facilities. BCNY and Client have agreed to and have executed this agreement by their authorized representatives as of the dates indicated below. SIGNATURES Approved and Authorized by Client: Approved and Authorized by The Boys Club of New York: Name: Title: Signature: Date: Name: Title: Signature: Date: 8

9 Schedule A Description of Space 9