SPIRIT SISTER DENVER TERMS & CONDITIONS
Definition of Facility Spirit Sister Denver (“SSD”) owns a space (hereinafter referred to as the “Facility” located within their property at 4244 Milwaukee Street, Denver CO 80216) for the purpose of short-term commercial (non-residential) rentals.
Facility Use and Services Upon execution of a Booking Agreement, SSD grants to the Client a limited and revocable license to use the Facility for Client’s Booking, subject to the terms hereof.
Rental Fee The Rental Fee includes any services provided by SSD hereunder and all items, equipment, and/or personal property rented to the Client. Payment of the Rental Fee shall be as follows: the Client will pay the Rental Fee, Refundable Damage Deposit and Cleaning Fee to secure the Booking. If, on the agreed Booking date, the client chooses to extend their Booking for any reason (upon approval of SSD), the Client will be charged for the extra hours at the same hourly rate.
Refundable Damage Deposit Upon acceptance of the Booking, Client will pay a Refundable Damage Deposit of $250. Deposit will be retained to cover any damages incurred during the booking. If after the booking, no damages have been identified, the Refundable Damage Deposit will be refunded in full.
Cleaning Fee Client agrees to pay a $100 Cleaning Fee, charged at the time of reservation.
Cancellation & Rescheduling If the Booking is cancelled by the client more than 14 days before the scheduled date of the Booking Agreement, the full amount of the payment will be refunded. Cancellation by the Client less than 14 days and more than 7 days before the scheduled date of the Agreement will result in a 50% forfeiture of the Rental Fee. If the client cancels within 7 days of the scheduled date they will receive a full refund for the Cleaning Fee and Refundable Damage Deposit, but forfeit the entire Rental Fee. All cancellations will result in the full refund of the Cleaning Fee and Refundable Damage Deposit.
This policy will apply unless both parties agree to reschedule the Booking to another date within 30 days of the original Booking date, in which case the full amount of the Rental Fee will be applied to the new Booking. If agreement cannot be reached regarding a mutually acceptable rescheduled Booking date, the Rental Fee will be forfeited.
Booking Capacity The total number of guests in the space at any one time during the booking will not exceed the Number of Attendees detailed on the Booking Agreement. SSD reserves the right to refuse admission to the Facility to any persons in excess of the agreed Number of Attendees.
Use and Return of the Facility The Facility will be provided as-is.
SSD makes no representations or warranties regarding the suitability of the Facility for the Client’s intended use. SSD makes no warranties (express, implied, or statutory) as to any matter whatsoever addressed in this Agreement, including the provision of services by SSD, the condition of the Facility, its merchantability, its capacity, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts. The Client will leave the Facility in the same or similar condition as it was delivered to the Client. Any outside materials brought to the Facility by the Client or any third party on the Client’s behalf must be removed by the end of the contracted Booking. If applicable, the Client will return all rented equipment and personal property in the same condition as it was provided to the Client. Client agrees to take all trash and recycling to the dumpster on property at the end of the Booking. Failure to do so, or overloading of said dumpster, will result in a forfeiture of the Refundable Damage Deposit.
Damages The Client shall be responsible for any damage caused to the Facility beyond ordinary wear and tear. If the Facility is not left in the same condition, the Client agrees to pay SSD for all reasonable expenses (in SSD’s sole discretion) incurred in returning the Facility to its original condition. If damages exceed the amount paid as Refundable Damage Deposit, Client agrees to be responsible for the remainder of the cost of said damages.
Prohibited Items The following are prohibited at the Facility: (i) nails, staples, glues, screws, tacks, or the like on the walls, ceilings, or floors; (ii) holes in the walls, partitions, ceiling, or floors; (iii) painting of any signs, or the like; (iv) sparklers, fireworks, or pyrotechnics of any sort; (v) hazardous, poisonous, or flammable materials; (vi) heating elements of any kind, (vii) glitter, rice, confetti, silk flower petals, bird seed, or silly string; (viii) smoking of any kind inside the facility.
Food & Beverage The Client may bring outside food. Any deliveries and pickups must be scheduled during the Booking and must be made at designated access points only. It is specifically noted that the Facility does not have a license to serve or sell Alcohol – the Client expressly agrees to accept full responsibility for any repercussions (legal or otherwise) for any activities involving the supply or consumption of Alcohol in the Facility or its immediate environs during the Booking.
Safety and Security Any disorderly conduct during the Booking will be grounds for immediate termination of the Booking. SSD reserves the right, but assumes no duty or obligation, to take any necessary action, including termination of the Booking, to protect the safety and well-being of the Facility and all guests and personnel at the Booking. The Client will ensure that the Booking is operated in a safe and secure manner at all times. Children 16 years or younger must be supervised and accompanied by an adult at all times.
SSD is not responsible for the loss, theft, misuse, or damage of or to the personal or organizational property of the Client or the Client’s guests. SSD is hereby authorized to remove from the Facility, and to dispose of in any manner it deems advisable, any goods, equipment, or other property which remains in the Facility after the completion of the Booking. SSD will not be liable for any damage to or loss of any such property, and SSD, its agents, employees, and contractors are hereby expressly released from any and all claims for any such loss or damage. The Client acknowledges that the Facility has video surveillance at various locations outside the Facility (not inside) and consents to the recording of the Booking for security purposes. The Client will not tamper with, cover, or remove any cameras located in or around the Facility.
Age of Models The Client is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. SSD has no responsibility to determine or verify the age of participants in the Booking activities, but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18, and to end the Booking if SSD becomes aware that legal age violations are occurring. SSD is not liable in the case of an invalid identification or any other form of age verification.
Equipment Damage or Loss The Client is responsible for all loss, damage, or destruction of SSD equipment or personal property provided for the Booking. The Client will be responsible for the replacement cost value or repair cost of the equipment. The Client will also compensate SSD for the loss of use of any equipment during the time it is being repaired or replaced. The Client is not responsible for loss or damage to equipment caused by SSD’s sole negligence or misconduct.
On-Site Contact The Client must appoint a Designated on-site Contact for the Booking. The Designated Contact must be on-site at the Facility throughout the Booking and will be responsible for Booking setup, coordination, management, tear down, and cleanup.
Independent Service Providers The Client hereby agrees to indemnify, defend and hold harmless SSD, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns, from any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to any damage or injury (including death) to any person or the Facility caused by any independent service provider hired or employed by the Client to provide services for the Booking, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, or agents.
Control of Facility – Not a Lease The Booking Agreement is not a lease. Nothing in the Agreement will be construed to entitle the Client to any right of possession or control of the Facility. SSD reserves the right to possess and manage the entire Facility and to enforce all necessary rules for the management of the Facility. SSD will have the right to enter the Facility at any time for any reason. A representative of SSD may require reasonable access to Facility at any time throughout the Booking.
Indemnification In addition to (and not in lieu of) the indemnification above, Client agrees to indemnify, defend and hold harmless SSD, its affiliates, officers, directors, employees, agents, contractors, successors, and assigns, from and against any damages, actions, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) related to the Client’s actions or inactions under this Agreement and/or the Client’s use of the Facility, including any acts or omissions on the part of the Client, its officers, directors, employees, independent contractors, guests, or agents.
Permitted Use The Client is authorized to use the Facility for the Booking and for no other purpose. The Client may not use the Facility in any manner that would render the insurance for the Facility void or which may result in increased insurance premiums for SSD.
Termination and Revocation of License SSD shall have the right to immediately terminate this Agreement and revoke the Client’s license to use the Facility at any time prior to the Booking Date due to nonpayment of any fees, Client’s other breach of this Agreement, or if Client intends to use the Facility for a purpose SSD finds inappropriate in its sole discretion.
Compliance with Laws, Policies, and Procedures The Client will comply with all applicable city, state, and federal laws, including rules and regulations prescribed by the Denver Fire Department, Denver Building Department, Denver Police Department, Denver Health Department, and all rules and policies set forth by SSD as they pertain to the Facility. The Client will not use the Facility or any part thereof for any unlawful or immoral purpose or in any manner so as to injure person or property in, on, or near the Facility. The Client will obtain and maintain all necessary permits, licenses, and other forms of authorization necessary to use the Facility as permitted hereunder.
Representations Each party to a Booking Agreement represents and warrants that it has full and complete authority to enter into, execute, and perform the Agreement. Each individual signing on behalf of an entity represents and warrants that he/she has full and complete authority to enter into and execute the Agreement on behalf of that entity. The Client acknowledges that it has read and understands all the provisions detailed herein, and that such provisions are reasonable and enforceable.
Alternate Booking Date In the event that SSD is unable to make the Property available to the Client on the Booking Date, Client will have the option of choosing an alternate date to hold the Booking (“Alternate Booking Date”). If the Client selects an Alternate Booking Date that is reasonably acceptable to SSD, then the Alternate Booking Date will replace the Booking Date for the purposes of this Agreement and this Agreement as modified will remain binding on both parties. If Client and SSD cannot agree on an Alternate Booking Date within 10 days of SSD notifying Client of the unavailability of the Property, then SSD will refund to Client the any amounts paid in relation to the Booking. In neither case will SSD be liable for any additional costs or damages suffered by Client arising out of a rescheduling or cancellation of the Booking pursuant to this section.
Entire Agreement The Terms and Conditions contained herein and accompanying Booking Agreement constitute the entire agreement between the parties regarding their subject matter, and supersede any prior understanding or representation, oral or written, regarding said subject matter. The Agreement may only be modified in a writing signed by both parties. The Client may not assign or transfer its rights or obligations under the Agreement without prior written consent of SSD. If any part of the Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be limited so as to be valid and the remainder of the Agreement will continue in full force and effect. The Agreement will be governed by the laws of the State of Colorado and the parties submit to the exclusive jurisdiction of the courts located in Denver, Colorado. In the event of any dispute hereunder, SSD may recover its reasonable attorneys’ fees and costs. Notwithstanding which party drafted this Agreement, its interpretation will not be construed against either party.