Starbright Theater | Venue Rental Contract

Venue Rental Contract

This Venue Rental Contract ("Contract") is made and entered into on the date of the last signature below by and between Starbright School, Inc., with an address of 4645 Albany Drive, San Jose, CA 95129 (hereinafter referred to as “Starbright”), and ______________________________ with an address of _________________________ (hereinafter referred to as "Renter").

RECITALS

A. Starbright owns and operates the venue located at 1770 W. Campbell Ave, Campbell, CA 95008 (hereinafter referred to as the "Venue"). The Venue includes a stage, an audience seating area with a retractable seating system that has a maximum 142 seat capacity, dressing room, two public restrooms, one private restroom and foyer.

B. Renter desires to rent the Venue for the purpose of conducting their event or events.

C. The parties have agreed to the terms and conditions of this Contract.

NOW, THEREFORE, the parties agree as follows:

Rental Schedule: The Renter acknowledges and agrees that a Rental Schedule is an essential part of this Contract. The Rental Schedule is a document that shall specify the exact dates and times that the Renter will be using the Venue, as well as due dates for payments and deliverables. The Rental Schedule shall also list additional items if required or desired for the Renter's event, including, but not limited to equipment, systems, materials, services and/or personnel. If the Renter is using the Venue for multiple events, then multiple Rental Schedules may be created. Collectively, any and all such documents shall be hereinafter referred to as “Rental Schedule” and are hereby incorporated and made part of this Contract. The dates and times listed in the Rental Schedule shall be hereinafter referred to as the “Rental Period”. The Renter agrees that Starbright will deliver the Rental Schedule to the Renter electronically. The Renter agrees that the event cannot proceed until the Rental Schedule has been approved in writing by the Renter. The Rental Schedule for a given event may be revised only by mutual written consent of Starbright and the Renter.
Starbright shall provide the Venue, equipment and labor for the Renter’s event in accordance with the Rental Schedule.
Renter agrees to pay Starbright all fees for the Venue rental, equipment, systems, materials, services and/or personnel in accordance with the Rental Schedule and this Contract.
Renter shall have access to the Venue, equipment and personnel solely during the Rental Period and shall use the Venue, equipment and personnel solely for the purpose of conducting the events listed in the Rental Schedule, and for no other purpose.
Renter is responsible for the enforcement of the terms, rules, and policies of this Contract, and for actions of all persons associated with Renter’s use of the Venue, including Renter’s officers, directors, agents, employees, volunteers, performers, presenters, crew members, audience members, and event participants.
Renter shall pay Starbright a deposit equal to $1,000 or 20% of the total listed on the Rental Schedule, whichever is greater (“Deposit”). The Deposit does not count toward the total fees due. The dates listed in the Rental Schedule are only reserved once the Deposit transaction clears. Starbright shall have no obligation to hold the dates listed in the Rental Schedule reserved for the Renter until such a time that the Deposit transaction clears. Starbright may apply this Deposit to cover rental time overages, excessive cleaning costs, damages, or any other unexpected fees incurred, but not otherwise paid by the Renter. If not used, the Deposit, or remainder thereof, will be refunded to Renter within 30 calendar days after the end of the Rental Period. If the rental does not occur for any reason, then the Deposit will not be refunded.
If a Deposit refund check is issued, it shall be made payable to the Renter and can be mailed to the Renter upon request. Starbright will not issue or mail a Deposit refund check to anybody other than the Renter.
If the Renter requests or makes use of any labor, services and equipment beyond those explicitly listed on the Rental Schedule, then Renter shall be responsible for paying any additional charges for such labor, services and equipment. It is incumbent upon the Renter to obtain the rates for such labor, services, and equipment from Starbright. Lack of knowledge or understanding of the rates does not absolve the Renter from the obligation to pay any costs incurred. Renter agrees to pay all charges no later than 30 calendar days after the end of the Rental Period.
Starbright makes no warranties, comments, or judgments regarding whether the Venue, Venue’s facilities and equipment, Starbright’s employees, Starbright’s contractors, any additional equipment brought in by Starbright, or any services and equipment provided by third parties, will be suitable for, or fulfill the artistic requirements of, or match the design direction, or fulfill the technical requirements of the Renter. Starbright assumes no responsibility for, and makes no guarantees regarding meeting or fulfilling, in whole or in part, the Renter’s design, business, production, technical or artistic goals.
Renter shall not have access to, enter, or use any areas of the building not explicitly included in this Contract. Renter shall not have access to classrooms, hallways leading to classrooms, or areas occupied by Starbright School students. Renter, Renter’s officers, directors, agents, employees, volunteers, performers, presenters, crew members, audience members, and event participants shall not interfere with any Starbright School operations and shall not have any contact with students attending Starbright School classes.
Renter shall notify Starbright in writing of any cancellations, additions, changes of dates, times, services, labor, equipment, or types of use, at least 60 days in advance of the date affected by the change. In the event the Renter cancels any date, time, service, labor or equipment listed in the Rental Schedule without providing Starbright with a written notice at least 60 calendar days prior to said date, Renter agrees to pay Starbright all fees for said date, time, service, labor and equipment as specified in the Rental Schedule.
On each day of the Rental Period, the “Actual End Time” is defined as the moment when the final individual affiliated with the Renter's event (including any of the Renter’s staff, volunteers, crew members, performers, audience members, and event participants, but excluding any Starbright staff) exits the Venue. It is incumbent upon the Renter to inform Starbright's Venue Manager when this last individual is departing the Venue, enabling the Venue Manager to lock the Venue.
If the Actual End Time is later than the end time listed on the Rental Schedule for any given day, then all hourly charges listed on the Rental Schedule for the given day (including, but not limited to, the charges for the venue, sound system, and lighting system) shall continue to accrue at the hourly rates listed on the Rental Schedule until the Actual End Time. All labor charges listed on the Rental Schedule for any given day shall also continue to accrue based on the labor rates listed on the Rental Schedule until the Actual End Time, unless an alternate labor schedule is agreed upon in advance by mutual written agreement between Starbright and the Renter. All hourly charges shall be calculated in whole hours only. Any portion of an hour will be rounded up to the next whole hour.
Labor charges are subject to overtime rates, double time rates, short turnaround rates, night call rates, and meal penalties. For hourly labor, overtime rate shall be one and one-half times the regular hourly rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. For day-rate labor, overtime rate shall be one and one-half times the one-tenth of the day rate for all hours worked over eight hours in any workday and over 40 hours in the workweek. For hourly labor, double time rate shall be double the regular hourly rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. For day-rate labor, double time rate shall be double the one-tenth of the day rate for all hours worked over 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. Double time rate shall also apply for all hours worked between midnight and 6:00am. If a ten-hour rest period between workdays is not provided, then Short Turnaround rate shall be twice the prevailing hourly rate and it shall remain in effect until a ten-hour rest period between workdays is provided.
The Renter shall allow and accommodate meal breaks for Starbright personnel within the daily schedule. Meal breaks can be scheduled simultaneously for all personnel or at separate times. Each individual must be provided with meal breaks that are no more than 5 hours apart during the workday. If the Renter does not provide a hot meal, the meal break must be at least 60 minutes. Alternatively, if the Renter, at their expense, provides a hot meal for the Starbright personnel, the meal break may be reduced to 30 minutes. Failure to provide the specified meal breaks for any given individual will result in an hourly Meal Penalty, which shall be charged at the hourly rate of pay. This penalty will continue to be charged for every hour until either a one-hour meal break is provided, or a hot meal and a half-hour meal break are provided.
It is incumbent upon the Renter to obtain the rules that govern labor charges from Starbright. Lack of knowledge or understanding of the rules that govern labor charges does not absolve the Renter from the obligation to pay any costs incurred.
Rental Period time shall not be adjusted, refunded or otherwise credited in the event of the Renter’s late arrival to the Venue or early departure from the Venue. The fees for the Venue, services, labor and equipment listed on the Rental Schedule or requested in writing by the Renter are not adjusted, refunded or otherwise credited in the event the Renter does not make use of, in whole or in part, of the Venue, services, labor and equipment for any reason whatsoever.
Starbright shall provide a Venue Manager. The Venue Manager is only responsible for unlocking doors at the start of the Rental Period, answering the Renter’s questions related to the Venue, serving as Starbright’s point of contact for the Renter during the Rental Period, verifying that the Renter is in compliance with the terms of this Contract, and representing Starbright’s interests during the Rental Period. If Starbright is providing additional personnel, then the Venue Manager will supervise said personnel. The Venue Manager has no obligation to perform any labor for the Renter or to serve in any crew position. As a courtesy only, and not as a matter of contractual obligation, the Venue Manager may perform some simple technical tasks such as turning on a basic stage wash or turning on a microphone. However, the presence of a Venue Manager does not eliminate the need for technicians or crew members, including, but not limited to, a Sound Engineer and a Light Board Operator. The Renter acknowledges that Starbright has advised the Renter that a minimum of two technicians provided by Starbright are needed to run an event. If the Renter declines Starbright’s offer to provide two technicians, then the Renter assumes complete responsibility for issues resulting from the event being short staffed.
The Renter may request Starbright to provide additional personnel. Any and all such requests must be made in writing and must be received by Starbright no less than 30 calendar days prior to the start of the Rental Period. Should the Renter fail to request personnel from Starbright by the agreed-upon due date, Starbright shall not be bound to fulfill such belated requests. Starbright is responsible for providing only the personnel explicitly listed in the Rental Schedule. The Renter is responsible for providing any other personnel not explicitly listed in the Rental Schedule.
Renter shall provide to Starbright, in writing, the event’s logistical requirements, technical requirements, and equipment requirements, no later than 30 calendar days prior to the start of the Rental Period. If the Renter has a Technical Rider, or the Renter’s performers or presenters have provided Renter with a Technical Rider, or other description of their needs, then the Renter shall provide a copy of said Technical Rider to Starbright no later than 30 calendar days prior to the start of the Rental Period. Starbright does not guarantee that all logistical or technical requirements can be met. Starbright shall discuss with Renter all logistical and technical needs and upon Renter’s request provide an estimate of the costs associated with meeting said requirements. Should the Renter fail to provide such requirements by the agreed-upon due date, Starbright shall not be bound to meet such belated requirements.
"Pre-Production" shall be defined as any work performed by Starbright prior to the start of the Rental Period or during the Rental Period but outside of the hours included in the Rental Schedule. This work encompasses a wide range of activities, including but not limited to on-site visits, in-person or online meetings, phone calls, electronic communications, reviewing or responding to documents, producing or revising documents, producing or revising drawings or images, reviewing or testing media files, reviewing or testing production elements, obtaining requested equipment, finding and booking labor, event planning, and other similar administrative, design, planning or technical preparation tasks required for the Renter’s event. Pre-production work may be carried out by the Technical Director, Venue Manager, or any other designated Starbright staff. Each rental contract with Starbright includes complimentary Pre-Production time as follows: 1 hour for each 1 to 3 consecutive rental days, 2 hours for each 4 to 6 consecutive rental days, or 3 hours for each 7 or more consecutive rental days. If the Pre-Production time required exceeds the complimentary hours provided, Starbright shall charge the Renter for the excess Pre-Production time at a rate of $250 per hour. Starbright retains the discretion to waive the fee for Pre-Production time, either in whole or in part, for certain clients or events. Such decisions shall be made solely at the discretion of Starbright and will not create any obligation for future events or clients.
Starbright understands that flexibility may be required during the event planning process, and as a courtesy, the first three (3) revisions to the Rental Schedule are accommodated without extra cost. However, changes to the Rental Schedule requested by the Renter beyond three (3) revisions may incur additional charges, which shall be determined at the sole discretion of Starbright. These charges are intended to compensate Starbright for the coordination and administrative work required as a result of the requested changes. Prior to implementation, Starbright shall communicate any potential additional charges to the Renter in writing.
Renter shall deliver to Starbright all media which the Renter desires to be played, displayed, or otherwise used during the Renter’s event, including, but not limited to audio, video, images, slide shows, speaker support presentations, light cues, show control, or other computer files, by the due date listed in the Rental Schedule. If the Renter fails to deliver media by the agreed-upon due date, Starbright shall not be obliged to incorporate such delayed media into the event. Renter shall deliver all media to Starbright via cloud-based file sharing service (for example, Google Drive or Dropbox), on a flash drive, or on an external hard drive. If the total combined size of all files to be delivered exceeds 1 GB, then Renter shall deliver media on an external flash drive or hard drive. External drives must be compatible with the Windows operating system and must support USB 3.0 connection. Starbright shall not accept computer files delivered on any media other than specified above. Starbright shall not accept links or URLs to audio or video streamed by YouTube, YouTube Music, Spotify, or other similar streaming services or websites. Renter is responsible for contacting Stabright and obtaining the specifications for file formats and technical parameters of all media prior to delivery. Starbright shall not be responsible for playing back, displaying, formatting, converting, or utilizing files that do not match Starbright’s specified file formats or do not meet Starbright’s technical specifications. Starbright shall not be responsible for the technical or artistic quality of any files delivered by the Renter. Starbright shall not be responsible for any playback issues, display issues, or any errors related in any way whatsoever to the media files delivered by the Renter. The Renter shall be solely responsible for delivering media that meets Starbright’s format requirements, technical specifications, and is free of defects.
Starbright shall have the right to require the Renter to provide specific personnel that in Starbright's sole judgment is needed to adequately and safely support the Renter’s event. Said personnel may include personnel required for loading in, setting up, programming, operating, or loading out any equipment at the Venue, for moving scenery, for providing security, for managing the audience, for supervising event participants, or for performing other tasks related to the set up, operation, or clean up of the Renter's event. Upon Renter’s request, Starbright may assist the Renter in hiring said personnel. If the Renter requests that Starbright provides said personnel, then Renter shall make such requests in writing at least 30 calendar days prior to the start of the Rental Period. The Renter shall be responsible for all labor costs, including all incurred overtime, double time, meal penalties, or any other penalties. If Starbright informs the Renter about the personnel that in Starbright's sole judgment is needed to adequately and safely support the Renter’s event, but the Renter fails to provide said personnel, then the Renter's event shall not be started. Renter shall only provide personnel who possess the skill and experience to safely perform their duties at the Venue. If the Renter is providing any personnel, Starbright shall have the right to disqualify any personnel, if in Starbright’s sole judgment said personnel does not possess adequate skills to perform their duties, to safely work at the Venue, or to safely use Venue’s equipment.
Renter must provide one person to serve as the Stage Manager, whose responsibilities shall include interfacing with performers, controlling stage activities before and during the event, and communicating from backstage to the control booth.
If the event includes an audience of more than 20 people, then Renter must provide one person to serve as the House Manager. This person must be at least 18 years old. The House Manager responsibilities shall include opening the Venue’s front doors to allow the audience to enter at the start of the event; overseeing the audience as they enter the foyer and the auditorium; assisting audience members in finding their seats; performing any necessary audience control duties to ensure orderly conduct in the foyer and in the auditorium; managing the audience as they exit the auditorium during any intermissions and after the end of the event; and communicating with the Stage Manager and to the control booth. When the Venue’s front doors are unlocked, the House Manager is responsible for monitoring the front doors and shall not leave the front doors unattended at any time.
If the event includes an audience of more than 30 people, then Renter must provide an usher or ushers to assist the House Manager in seating the audience and controlling the crowd. A minimum of one usher is required for an audience of 30 to 70 people, and a minimum of two ushers are required for an audience of more than 70 people.
If the Renter’s event includes minors as participants, then the Renter must provide responsible adult chaperones (who must be over the age of 18 years old) whose responsibility will be to supervise all minors at all times that said minors are present at the Venue (“Chaperones”). One Chaperone is required for every eight minors between ages 8 and 18 years old (1:8 ratio) and one Chaperone is required for every six minors under the age of 8 years old (1:6 ratio).
The Renter, the Renter’s designated Stage Manager, House Manager, Ushers, Chaperones, and all members of the Renter’s crew must all be present at the Venue, without exception, for a safety and introductory briefing conducted by Starbright. This briefing shall be conducted during the first 15 minutes of the Rental Period, unless scheduled for an alternate time by mutual written agreement between Starbright and the Renter.
Access to the Control Booth is strictly limited only to Starbright personnel and those members of the Renter’s crew who have been specifically authorized by Venue Manager to have access to the Control Booth. No other persons shall enter the Control Booth at any time.
Renter shall obtain and maintain during the Rental Period comprehensive commercial general liability insurance, including coverage for bodily injury and property damage, and shall name Starbright School, Inc. as an additional insured on such policy. The insurance must be an occurrence policy and provide not less than the following coverage: Each Occurrence: $1,000,000; Damage to Rented Premises: $300,000; Medical Expenses: $5,000; Personal and Adv Injury: $1,000,000. Renter must provide a Certificate of Insurance to Starbright no later than 30 calendar days prior to the start of the Rental Period. The Certificate of Insurance must list the Renter as the insured entity. The Certificate of Insurance must show an accurate description of the Renter’s event, list the total number of event participants and audience members, and list the event location as “1770 W. Campbell Ave, Campbell, CA 95008”. The Certificate of Insurance must list the certificate holder as “Starbright School, Inc., 4645 Albany Drive, San Jose, CA 95129” and list the additional insured as “Starbright School, Inc., 4645 Albany Drive, San Jose, CA 95129”.
Renter shall inspect the Venue prior to the start of the Rental Period to verify that the Venue and Venue’s equipment are in good repair and free of damage. Renter shall document any deficiencies present at the start of the Rental Period, and Starbright is responsible for either signing such documentation to acknowledge the deficiencies, or correcting the deficiencies prior to the start of the Rental Period.
Renter must obtain Starbright’s permission to operate, rearrange, relocate, or tamper with any of Venue’s equipment. Misuse of equipment can create serious risks to people’s safety, cause damage to the equipment, and cause damage to the Venue. Only personnel authorized by Starbright is allowed to operate any of the Venue’s equipment.
If the Renter wishes to perform any rigging work in the Venue, then the Renter must employ professional riggers, who possess the expertise and necessary certifications to perform said rigging work.
Renter shall be held fully responsible and liable for any damage to Venue facilities or equipment, caused by Renter’s officers, directors, agents, employees, volunteers, performers, crew members, audience members, or event participants. Renter shall, at its sole expense, fully repair any damage to the Venue; fully repair any damaged equipment; or replace damaged equipment with new equipment. This shall include, but is not limited to: (a) paying for the services of any contractors, technicians or vendors to repair the damage; (b) purchasing new equipment and paying for the installation of new equipment; (c) reimbursing Starbright for time and materials used by Starbright to repair the damage or manage the repair by others; (d) reimbursing Starbright for any losses resulting from the damage. Starbright at its sole discretion shall determine the acceptable method of either repair or replacement, and shall at its sole discretion select the contractors or technicians to repair the damage, vendors to replace the damaged equipment, and acceptable models of replacement equipment.
Renter agrees to keep all areas of the Venue clean and orderly at all times during the Renter’s use of the Venue. Renter agrees to properly dispose of all food, trash and garbage at the end of each rental day. If the Rental Schedule includes Janitorial Service on a given date, then Starbright agrees to clean and restock the restrooms, empty trash bins, and vacuum the floors on that given date. Janitorial Service is performed after the Renter leaves the Venue on that given date, unless an alternate schedule is agreed upon in writing.
During load in, setup, and load out only personnel directly involved with said functions are permitted in the Venue. Public access is not allowed.
Security cameras are installed in the exterior and interior areas of the Venue, including entry doors, foyer, stage, auditorium, control booth, dressing rooms, storage room, and hallways. The security cameras continuously record video during the entire Rental Period and may be monitored remotely by Starbright. The security camera feeds and video footage is used by Starbright to ensure safety and security of the Venue. Starbright reserves all rights to use security camera feeds and video footage and may provide this video footage to law enforcement, insurance companies, or parties to any dispute, in the event of any incident, safety violation, damage to the Venue, injury, dispute, legal action, claim, violation of any provision of this Contract, or illegal activity. Renter has the right to request that security cameras be turned off in the dressing rooms for privacy reasons. Such requests must be received by Starbright in writing at least 24 hours before the start of the Rental Period. Upon receiving such a request, Starbright shall review the Renter’s request and will notify the Renter if the request can be accommodated. Security cameras in any publicly accessible area cannot be turned off. Renter shall not have any rights to the security camera feeds or video footage and Renter may not request access to the camera feeds or a copy of the footage.
Renter shall comply with applicable federal, state, county and local codes, regulations, and ordinances, including orders issued by the Department of Public Health. Renter is responsible for ensuring that Renter’s officers, directors, agents, employees, volunteers, performers, presenters, crew members, audience members, and event participants comply with applicable federal, state, county and municipal codes, regulations and ordinances, including orders issued by the Department of Public Health. If the Renter’s actions during the Rental Period cause a violation of any codes, regulations, ordinances, or orders; or if the Renter’s actions during the Rental Period cause a fine to be issued to the Renter or to Starbright by any governing authority, then the Renter shall be solely responsible for paying the full amount of any fines and solely responsible for the full amount of all costs incurred by Starbright to correct such violations.
Renter shall not exceed the occupancy limits of the Venue. All audience members must be seated during the event. No standing room is allowed.
Renter shall not at any time remove, block, or obstruct any fire lanes, emergency exits, hallways, emergency egress routes, exit signs, or fire extinguishers. If the Renter modifies the Venue in any way, or installs temporary platforms, stairs, staging, soft goods, scenery or equipment, then the Renter is solely responsible for (a) ensuring that all such temporary installations do not violate building codes or fire regulations; and (b) installing any handrails, exit signs or other safety features as may be required by code.
"Load In" shall be defined as the process through which an array of elements required for the Renter's event, including scenery, props, equipment, media, costumes, decorations, lobby displays, furniture, and other materials, are transported into the Venue and set up in preparation for the Renter's event. Load In shall include any and all activities necessary for the arrangement, interconnection, configuration, or programming of any equipment required for the execution of the Renter's event. This includes, but is not limited to, audio, video, projection, computer, lighting, rigging, scenic, soft goods, special effects, wiring, mechanical, or electronic equipment that stands apart from the Venue's permanently installed systems. Such equipment may originate from Starbright, the Renter, or third parties.
The scope of "Load In" explicitly encompasses the setup of microphones, connection of musical instruments and other audio sources, installation of wiring, installation of decorations, relocation or alteration of lighting instruments' location, circuitry, color, or focus, modification of rigging location or trim, adjustment or movement of soft goods, relocation of the Venue's permanently installed equipment from its initial placement, calibration or alignment of projectors to a configuration divergent from the Venue's customary projection arrangement, transfer or loading of media files, as well as the programming of light cues, audio cues, projection cues, or show control cues.
All Load In activities, whether performed by Starbright, the Renter, or third parties, shall take place during the Rental Period only. Starbright is not obligated to perform or allow any Load In activities prior to the start of the Rental Period.
“Load Out” shall be defined as all work necessary to remove all materials brought into the Venue by the Renter during the Rental Period and to restore the Venue to the same condition as at the start of the Rental Period. Renter shall perform the Load Out in full compliance with the instructions provided by Starbright. Load Out shall include, but is not limited to the following: (a) restoring all lighting instruments to their original location, circuit, color and focus; (b) restoring all rigging to its original location, trim, and condition; (c) restoring all soft goods to original location and condition; (d) moving any other equipment to its original locations. As part of Load Out, Renter agrees to remove and properly dispose of all sets and materials brought into the Venue, unless Renter receives specific permission from Starbright to leave certain materials behind. All labor and materials required for Load Out shall be provided by and paid for by the Renter. Load Out shall be deemed completed only once accepted and approved by the Starbright. If Renter fails to complete the Load Out in a manner accepted and approved by Starbright, then Starbright will bill Renter for any costs and labor required to complete the Load Out and Renter agrees to pay for any such costs.
Renter shall complete the Load Out by the end of the Rental Period.
The Renter understands and agrees that “adult entertainment” events are not permitted at the Venue. Events cannot contain nudity, sexual acts, sexually suggestive imagery, sexually suggestive language, extreme violence, gore, firearms, illegal drug use, obscenity, profanity, hate speech, or other similar content that could be offensive to the local community. If the Renter’s event contains any such elements (no matter how minor), then it is the Renter’s responsibility to (a) provide a copy of the event content (such as a script or a video recording) to Starbright for review at least 60 days prior to the Rental Period, (b) discuss with Starbright whether said content is appropriate for presentation at the Venue, and (c) obtain Starbright’s written permission to present said content at the Venue. If the Renter fails to obtain Starbright written permission and proceeds to present content that Starbright, at its sole discretion, determines to be in violation of this clause, then Starbright shall have the right to immediately stop the Renter’s event already in progress at the Venue and cancel Renter’s future events at the Venue. In case of such event interruptions or cancellations, Starbright shall not be obligated to issue any refunds to the Renter, Starbright shall not be liable for Renter’s losses, and Renter shall be obligated to pay all fees due under this Contract in full.
The Renter hereby represents, warrants, and covenants that all events and activities, which the Renter intends to host or conduct in the Venue, are consistent with the Community / Cultural / Recreation Center & Public Assembly use set forth in PLN2018-262, as established through Resolution No. 4473, passed by the Planning Commission of the City of Campbell on November 27, 2018, which are hereby deemed to be incorporated by reference into this Contract. The Renter acknowledges and agrees to abide by all applicable laws, regulations, and requirements related to the use of the Venue and not to use the Venue in a manner that violates any provisions or requirements of Resolution No. 4473. The Renter shall fully indemnify, defend, and hold harmless Starbright, its affiliates, employees, agents, and representatives, from and against any and all claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or related to any breach of the Renter's representations, warranties, and covenants set forth herein, including but not limited to any violation of the permitted uses as established in PLN2018-262. The Renter's obligations under this clause shall survive the expiration or termination of this Contract.
Any and all decorations, furniture, equipment, scenery, props, posters, programs, publicity information, signage, food and beverage service items, or any other materials brought to the Venue or installed by the Renter (hereafter collectively referred to as “Materials”) (a) may not damage, permanently alter, stain, or discolor any part of the Venue, building, sidewalk or Kirkwood Shopping Plaza; (b) may not present a danger to the public; (c) may not obstruct pedestrian or vehicle traffic; (d) may not interfere with the daily operations of Starbright or the Kirkwood Shopping Plaza; (e) may not violate any laws, codes or ordinances; (f) may not contain depictions of nudity, sexual acts, violence, gore, sexually suggestive imagery or language, expletives, firearms, illegal drugs, obscenity, profanity, discriminatory imagery, discriminatory language, racist imagery, racist language, or hate speech; (g) may not promote illegal activity, scams, fraud, “pyramid schemes”, “ponzi schemes”, or cults.
By the end of the Rental Period, the Renter must remove all Materials from the Venue and restore the Venue to the same condition as at the start of the Rental Period. Renter shall clean and remove any residue and repair any damage resulting from said Materials. This shall include, but is not limited to: (a) completely remove all adhesive tape or any other mounting hardware or mounting methods; (b) completely clean any adhesive residue on any part of Venue, building, windows, sidewalk; (c) patch all nail holes, screw holes, pin holes or any other holes; (d) touch-up paint in all areas where surfaces have been damaged, stained, scratched, discolored or patched by the installation or removal of Materials.
Renter may display their event’s publicity information and signage at the Venue during the Rental Period only, unless alternate arrangements were made by mutual written agreement between Starbright and the Renter.
By the end of the Rental Period, the Renter must place all trash in provided containers or remove it from the Venue. Additional charges apply for storing Renter’s Materials before or after the Rental Period; or for reopening the Venue at a later time or date to clean up or to remove Materials.
Starbright reserves the right, at its sole discretion, to deny the Renter permission to use Materials, or remove any Materials, if at Starbright’s sole determination said Materials violate any conditions of this Contract.
Food, candy, gum, and beverages are not allowed on the stage. Prop food and beverages must be made out of substances that will not leave any stains or residue on the stage floor or the drapes. Prop food and beverages may be used only if approved by Starbright in advance. Water in tightly closed bottles is allowed for performers on stage.
FOOD, CANDY, GUM, AND BEVERAGES ARE STRICTLY PROHIBITED in the auditorium, the audience seating area and the control booth. Water in tightly closed bottles is allowed.
STORING, SELLING, SERVING, AND CONSUMING ALCOHOL IS STRICTLY PROHIBITED anywhere inside, in front, or behind the Venue at any time.
SMOKING OR VAPING IS STRICTLY PROHIBITED anywhere inside, in front, or behind the Venue at any time.
For fire safety reasons, Starbright STRICTLY PROHIBITS the use of any pyrotechnic effects, flash paper, flash pots, squibs, fireworks, sparklers, open or closed flame, candles, lighters, matches, and any other special effects that include any type of flame, explosion, or combustion.
GLITTER IS STRICTLY PROHIBITED in the Venue. If Renter uses glitter, or allows glitter to be used, in any amount, anywhere in the Venue, or brings glitter into the Venue as part of any costume, prop, scenery or decoration, then the Renter agrees to pay Starbright a $10,000 cleaning fee.
FIREARMS OF ANY TYPE WHATSOEVER ARE STRICTLY PROHIBITED anywhere inside, in front, or behind the Venue at any time, including but not limited to operational firearms, non-operational firearms, replica firearms, starter pistols, flare guns, air guns, "BB guns", paintball guns, any other devices designed to expel one or more projectiles through the use of an explosive or mechanical force, and any objects designed to realistically emulate the appearance of any firearm. Violation of this clause shall give Starbright the right to immediately stop the Renter’s event already in progress at the Venue and cancel Renter’s future events at the Venue. In case of such event interruptions or cancellations, Starbright shall not be obligated to issue any refunds to the Renter, Starbright shall not be liable for Renter’s losses, and Renter shall be obligated to pay all fees due under this Contract in full.
Renter agrees that certain effects or substances may damage, soil, stain, or affect Venue’s facilities, finishes, or equipment; and are difficult, expensive, or impossible to clean or remove from the Venue’s facilities, finishes or equipment. These effects or substances include, but are not limited to (1) confetti, glitter, streamers, confetti-type effects; (2) balloons; (3) sand, mud, grass, soil, pellets, grain, powder; snow, ice, substances consisting of small particles; (4) food, beverages, spices; (5) liquids, gels, oil, lubricants, chemical solutions; (6) paint, primer, paint-type substances; (7) smoke, fog. Renter agrees to fully disclose to Starbright, in writing, at least 30 days prior to the start of the Rental Period, any intent to bring in or utilize such effects or substances, and obtain Starbright’s written approval before bringing in or utilizing any such effects or substances. Notwithstanding any written approval, Renter shall be fully responsible and liable if such effects or substances damage, soil, stain or affect Venue’s facilities, finishes, or equipment and shall reimburse Starbright for all cleaning or repairs costs that Starbright, at its sole discretion, deems necessary.
Renter shall not bring or allow anyone to bring animals (with the exception of trained service animals), birds, or insects (“Animals”) into the Venue. Acts or events that involve Animals are prohibited. Exceptions are valid only if they are communicated in writing. The Renter shall be solely responsible for the safety and wellbeing of the Animals while they are in the Venue and shall be solely responsible for completely mitigating, to Starbright’s satisfaction, any soilage or damage caused by the Animals to the Venue. Renter shall notify Starbright in writing at least 60 days prior to the start of the Rental Period if the Renter or Renter’s officers, directors, agents, employees, volunteers, performers, presenters, crew members, or event participants require service animals to be brought into the Venue, so that Starbright has sufficient time to make arrangements for the safety and wellbeing of all animals.
Venue does not have facilities for scenery construction or painting. Construction work which generates sawdust or other debris is not permitted.
Renter is responsible for the cost of all consumables, whether purchased by Starbright specifically for the Renter’s event or provided from Starbright's stock, such as hazer fluid, fog fluid, snow machine fluid, bubble machine fluid, dry ice, adhesive tape in excess of one roll total, tie-line in excess of 50 feet, batteries in excess of 10 count, 3M Command hooks, lighting filters beyond those already installed in Venue's Rep Plot, or other theatrical consumables.
Renter must not attach any Materials to any walls, floors, ceilings, or acoustic panels inside the auditorium (audience seating area), on the stage, or in the classrooms (dressing rooms). Renter must obtain approval from Starbright before attaching any Materials to any building’s surface. Staples, nails or screws may never be used for attachment to any building’s surface.
Samples of event programs and other Materials to be distributed to the audience must be provided to Starbright at least 7 days prior to the event to assure that both Starbright and Renter are operating with the same understanding of the event and related activities.
If Renter is selling any tickets, refreshments, or merchandise during their event, then the Renter shall obtain any necessary sale permits and provide staff to handle the sales.
The Renter acknowledges that Starbright contracts with a third-party Internet service provider or providers to provide Internet connectivity at the Venue. Neither Starbright nor the Internet service provider or providers make any warranties, expressed or implied, regarding the available bandwidth, quality of internet connection, and/or the availability of an uninterrupted Internet connection. The Renter acknowledges that any Internet service provider or providers could experience bandwidth fluctuations and/or a loss of Internet connectivity and that such events are completely outside of Starbright’s control. The Renter agrees to assume all risks associated with bandwidth fluctuations and/or loss of Internet connectivity during the Renter’s event. Renter agrees that Starbright shall not be liable in any way whatsoever for any bandwidth fluctuations and/or loss of Internet connectivity during the Renter’s event. The Renter further agrees that bandwidth fluctuations and/or loss of Internet connectivity for any period of time during the Renter’s event shall not entitle the Renter to any discounts or refunds, in whole or in part, of any fees due to Starbright.
Renter agrees to start the Renter’s event or events at the advertised time, and no later than 10 minutes after the advertised start time.
Renter must accommodate all wheelchair requirements in designated wheelchair locations. Portable chairs, wheelchairs, scooters, mobility devices, strollers, or any other objects may not be placed in any aisle or doorway; and may not obstruct any hallway or exit route.
Food and beverages are allowed in the Venue’s foyer. If the Renter wishes to provide any food or beverages to event attendees or event participants, then the Renter shall obtain Starbright’s written approval at least 30 calendar days prior to the start of the Rental Period. Renter shall be responsible for preventing event attendees or event participants from bringing food or beverages into the audience seating area or onto the stage. Renter shall perform immediate clean up of any food or beverage spills. Unless specifically agreed upon in writing, Starbright does not provide staff to clean up food or beverage spills. Notwithstanding any approvals, the Renter shall be fully responsible and liable for complete cleanup of any soilage or damage caused to the Venue by food or beverages, including paying in full for any additional cleaning costs required by Starbright.
Throughout the Rental Period, Renter must always place all trash in trash cans or trash bags.
All sales of merchandise, all lobby displays, and all outside vendors must be identified by Renter and approved by Starbright at least 30 calendar days hours prior to the start of the Rental Period. No more than four tables, 6-foot long each, may be set up in the foyer.
Renter is responsible for obtaining the legal rights to all material that the Renter chooses to present, including, but not limited to legal rights to any scripts, designs, music, audio recordings, video recordings, artwork, and photographs. Renter is responsible for any equity waivers.
Renter grants Starbright the right to take photographs or make video recordings inside the Venue during the Rental Period. Renter grants Starbright the right, in perpetuity, to display and use such photographs or video recordings for the limited purpose of demonstrating an example of an event that occurred in the Venue. To ensure that time-sensitive information is protected, the Renter may exercise the option to temporarily embargo the photographs or video recordings for a maximum period of 3 months from the end date of the Rental Period. Any embargo must be communicated to Starbright in writing.
In the event of any breach of this Contract by the Renter, including but not limited to failure to meet deadlines or due dates, Starbright shall have the right to delay, suspend or terminate the provision of services under this Contract. In case of any such breach of Contract on the part of the Renter, Starbright shall not be liable to issue any refunds to the Renter, assume responsibility for Renter's losses, and the Renter shall be obligated to pay all fees due under this Contract in full.
Starbright's liability under this Contract shall be limited to direct damages only and shall not extend to any consequential, incidental, indirect, or punitive damages. The total liability of Starbright under this Contract shall not exceed the total payments made by the Renter to Starbright under this Contract. The Renter agrees that Starbright shall not be liable for any loss or damage to the Renter's property, or any injury to persons or property arising out of or in connection with the Renter's use of the Venue. This limitation of liability shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive the termination or expiration of this Contract. The Renter acknowledges and agrees that this limitation of liability is an essential element of the bargain between the parties, and that Starbright would not have entered into this Contract without such limitation.
The Renter agrees to indemnify and hold harmless Starbright and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Renter's use of the Venue.
The date for performance of either party’s obligations hereunder shall be postponed to the extent any event of force majeure delays the commencement or completion of the performance of the obligations of either party hereunder, provided such party uses its best efforts to mitigate the effects of such force majeure. “Force Majeure” is defined as fire, explosion, earthquake, flood, interruption of utilities (including, without limitation, water, gas, sewer, electricity and communications), weather-related events, acts of God, accidents, leaks, breakage, strikes, governmental action, act of terrorism, epidemic, pandemic, or any other event beyond Starbright’s reasonable control.
Any and all notices, communications and demands required or desired to be given hereunder by either party hereto shall be in writing.
If any term or provision of this Contract is invalid for any reason whatsoever, that provision shall be severed and shall not affect the validity of the remainder of this Contract.
ARBITRATION AGREEMENT: (a) Applicable Law: This agreement to arbitrate disputes (“arbitration agreement”) shall be governed by federal law pursuant to the Federal Arbitration Act (“FAA”). (b) Binding Arbitration: To the extent permitted by law, any legal and actionable controversy or claim arising under or relating to this Contract or its breach, including any dispute relating to the determination of the scope and applicability of this arbitration agreement, shall be settled solely by final and binding arbitration pursuant to the FAA before a single neutral arbitrator chosen from a JAMS panel of arbitrators in Santa Clara County, California in accordance with the JAMS comprehensive arbitration rules & procedures then in effect which can be accessed at www.jamsadr.com/rules-clauses. STARBRIGHT AND RENTER (“Parties”) HEREBY KNOWINGLY AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY OTHERWISE HAVE TO TRIAL BY JURY OR COURT OF SUCH CLAIMS OR DISPUTES. The Parties agree that this waiver of any right they may otherwise have to trial by jury or court of such claims or disputes, applies to and waives any right to participate as a representative or member of any class of claimants. The initiation, existence, and outcome of any arbitration, including, without limitation, any material filed with the arbitrator, the contents of all depositions or testimony, all documents produced during the course of the arbitration, any written decision, and any remedy imposed or damages awarded by the arbitrator, shall remain confidential. This provision applies during the term of this Contract and survives after the termination of this Contract. While the Parties shall be responsible for their own attorneys’ fees and most costs incurred in connection with any arbitration hereunder, Starbright shall pay all costs that are unique to arbitration, including, without limitation, the arbitrator’s fees and administrative fees. Renter is not responsible for any expenses unique to arbitration. However, if any party prevails on a statutory claim that permits the prevailing party to recover its attorneys’ fees and costs, the arbitrator may award reasonable fees and costs to the prevailing party as provided by law. If any aspect of this arbitration agreement is found by an arbitrator or a court to be incomplete or unlawful, that determination will not render any other portion of the arbitration agreement invalid or unenforceable, and the balance of the arbitration agreement shall remain in full force and effect. In addition, the Parties authorize the arbitrator or court to add to or revise (“blue pencil”) the language of this arbitration agreement in order to make the provision complete and lawful, so as to effectuate to the maximum extent possible the Parties’ mutual intent to have all disputes subject to this provision be resolved solely by final and binding arbitration.
This Contract shall be construed, interpreted and enforced in accordance with and shall be governed by the laws of the State of California applicable to contracts entered into and to be wholly performed therein. In the event of any conflict between any provision hereof and any applicable laws to the contrary, the latter shall prevail, but this Contract shall be deemed modified only to the extent necessary to remove such conflicts. This Contract constitutes the entire agreement of the parties hereto and supersedes all oral and written agreements and understandings made or entered into by the parties hereto prior to the date hereof. No amendment, change or modification of this Contract shall be valid unless it is made in writing and signed by both parties hereto, and any waiver of a failure to perform or breach shall not operate to waive any subsequent failure to perform or breach.

Venue Rental Contract

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