Catering & Private Event Space Rental Agreement


Catering & Event Services. East 59 shall perform for Client certain catering & event services as further defined in the proposal or invoice, which might include providing food and beverages, utensils, dishes, and containers, bar services, staffing, rentals and decorations.

Event Details. All event details are to be agreed upon in writing via email or text exchange and outlined in the proposal or invoice.

Changes to Event Details. Subject to East 59's availability, Client may change the Event Time or Event Date one time only by giving East 59 prompt written notice of the requested changes. East 59 may adjust the Compensation to account for any changes Client makes, making these adjustments at East 59's rates at the time of this agreement. East 59 will be relieved of its obligations under this agreement if and to the extent Client's failure to promptly notify East 59 of any changes to the event harms East 59's ability to provide the Services. In the event of inclement weather conditions or power outages, East 59 and Client will work together to adjust the Event Details to the best of their abilities. East 59 will make every effort possible to replicate the agreed upon Services under the circumstances.

Attendance. East 59 will only be required to provide Services to account for the Final Estimated Attendance of guests at the Event. Client shall give East 59 written notice of the final estimated attendance of the Event seven (7) Business Days before the Event (the "Final Estimated Attendance"). If Client fails to notify East 59 of the Final Estimated Attendance, East 59 may consider the Estimated Guest Count above as the Final Estimated Attendance when preparing to provide Services. On the day of the event, Client may request additional Services to account for an attendance above the Final Estimated Attendance. East 59 will have the discretion to provide Client with its requested additional Services. If on Client's request, East 59 provides additional Services, Client shall compensate East 59 for those additional Services at rates determined by East 59.

Guaranteed Catering Minimum. There is no catering minimum for space rentals. When discounts are given for space rentals when catering through East 59, the client agrees to bring food that is approved by East 59, such as specialty cakes or other food and beverages East 59 agrees to in advance. Bringing in excess unapproved food will result in the loss of the catering discount for space rental fees.

Compensation. Client shall pay to East 59 Compensation for the Services according to the fee schedule listed in the invoice. East 59 shall invoice Client at the completion and acceptance of the Services with a final invoice. Client shall pay the final invoice to East 59 within the due dates listed on the invoice. The final invoice will include all applicable taxes, service charges, gratuities and fees.

Deposits. Failure to pay deposits on time may result in the loss of the space rental or catering services.

Personnel. East 59 shall provide the appropriate amount of personnel necessary and desirable to provide the Services to the Final Estimated Attendance. East 59 shall use reasonable efforts to ensure its personnel are dressed appropriately. East 59 may increase or decrease the number of personnel if the actual attendance at the Event is 20% higher or lower than the Final Estimated Attendance. East 59 shall adjust the Compensation to account for any changes to the amount of personnel.

Event Food & Beverage. Client shall use reasonable efforts to ensure Event guests do not bring outside food to the Event, dispose of any outside food Event guests bring to the Event, and except for leftovers.

Alcohol. If alcohol will be provided by the Client, Client agrees that when serving beer or wine or other alcoholic beverages, that such beverages shall ONLY be served to the Client’s guests, and that the Client shall strictly comply with the following requirements:

• No alcoholic beverage shall be served or supplied to any person under 21 years of age. Clients shall exercise reasonable care to ascertain whether a person is under 21 years of age.

• No alcoholic beverage shall be served an intoxicated person or one simulating intoxication.

• Clients shall not have a person under the age of 18 years of age involved in serving alcohol.

• Clients shall not keep on the premises any alcoholic beverage in any container except the original package purchased, or reuse any container originally used for packaging any alcoholic beverage.

• Clients agree that beverages shall ONLY be served to the host’s guests.

Private Event Space Rental Agreement.

Compliance with Food and Beverage, Health Laws. East 59 shall ensure that all federal, state, and local laws related to food and beverage purchases and consumption and applicable health regulations are strictly enforced.  When using an outside caterer, East 59 staff cannot handle any outside food or beverage.

Event Rentals. East 59 shall be responsible for set-up of all equipment Client rents from East 59 for the Event. Client shall be responsible for set-up and safety of all equipment it provides or is renting from a third party for the Event.

Decorations. East 59 reserves the right to approve all decorations for Event. East 59 will not reasonably withhold approval for decorations, but will withhold approval for any decoration that in its sole discretion it deems offensive, vulgar, inappropriate, illegal, or which may have a negative image. Any damage caused by affixing decorations to any surfaces will be required to be repaired by the Client. Burning candles or other open flame decorations are not permitted.  Glitter, confetti, paint, or other potentially damaging materials may not be used. Smoke machines may not be used as they may set off fire alarm systems.

Cleaning fee. Excess cleaning fees may apply after events that require excessive cleaning, as determined by East 59. Use of confetti or glitter will result in a $250 excess cleaning fee. This includes confetti from inside of balloons that get popped onto the floor.

Security. Client will be required to hire professional security personnel for events that take place after 11pm.

Insurance. East 59 shall maintain the insurance necessary to cover its obligations and responsibilities under this agreement, or any amount required by law. At Client's request, East 59 shall provide Client with certificates or other acceptable proof of its insurance, describing the coverage of its insurance, and notice of any material change to its insurance.

Liability for Guests. Client shall be liable for any damages or losses caused by guests at the Event.

Termination. Either party may terminate this agreement for any reason on ten (10) Business Days notice to the other party. Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations. If Client cancels the Event more than thirty (30) Days from the Event Date, East 59 shall return any deposits and pre-payments received less the amount of the Date Reservation Percentage which shall be retained by East 59. If Client cancels the Event less than ten (10) Business Days from the Event Date, Client will be deemed to forfeit the full amount of any deposits and pre-payments of Compensation it made.

If East 59 terminates this agreement for any reason (unless it is for a material breach by Client) more than thirty (30) Days from the Event Date, East 59 shall return the full amount of any deposits and pre-payments of Compensation Client made. If East 59 terminates this agreement for any reason (unless it is for a material breach by Client) less than ten (10) Business Days from the Event Date, East 59 shall return the full amount of any deposits and pre-payments of Compensation Client.

Liquidated Damages. The parties hereby acknowledge that the damages Client would suffer if East 59 terminated this agreement less than ten (10) Business Days from the Event Date would be serious but hard to calculate, and therefore, that the fee required under paragraph is not intended as a penalty to East 59, but intended as a reasonable estimation of Client's damages that would result from East 59's late termination.

Return of Property. At the expiration or termination of this agreement, or upon the other party's request, each party shall return all of the other party's property it has in its possession or control.

Indemnification. Client (as an indemnifying party) shall indemnify East 59 (as an indemnified party) against all losses and expenses arising out of any proceeding brought by either a third party or East 59, and either arising out of Client's breach of its obligations, representations, warranties, or covenants under this agreement, or arising out of any act, omission, negligence, or misconduct of a guest at the Event.

Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.

Governing Law. This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Alabama.

Attorney Fees. If either party brings an Action to enforce their rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.

Amendment. This agreement can be amended only in writing and signed by both parties.

Entire Agreement. The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement, represent the final expression of the parties' intent and agreement between the parties relating to the subject matter of this agreement, contain all the terms the parties agreed to relating to the subject matter, and replace all the parties' previous discussions, understandings, and agreements relating to the subject matter.