Client hereby agrees to the following terms and conditions, which shall constitute a binding agreement between Habig Station (“Landlord”) and Client for Client’s use and rental of the Habig Station facility.

1. Premises. Client shall rent from Landlord the facility located at 5201 N. College Avenue, Indianapolis, Indiana 46220 (the “Premises”) as- is, in its present condition, for a specific duration of time (the “Event”) shown on Schedule A. Such rental is limited to the Habig Station facility inside of the fenced perimeter, and excludes any off limits areas (such as utility and storage areas). Client shall be responsible for all setup required for the Event and clean up (defined below) of the Premises following the Event.  

2. Conduct of Event. For the duration of the Event, Client, guests and Client’s vendors must abide by Landlord’s policies and comply with all applicable regulations and laws, including, but not limited to, the applicable fire and safety codes. Client is responsible for the actions of all guests, invitees and vendors.  Client is responsible for any damages to the Premises or losses incurred by Landlord arising from the Event. Landlord has the right to refuse entry or service to and remove from the premises any person it deems to be behaving in an improper or abusive manner or in a manner not befitting the premises. Landlord reserves the right to exclude or remove any undesirable persons from the Event and Premises without liability.

1. Large Events. For events in excess of the interior capacity or over 100 people, Client must show proof of event insurance naming Landlord and Landlord’s designees as additional insureds, and Client must acquire an event permit.

2. Vendors.  Client is free to use vendors of their choice onsite during the Event to provide entertainment, food or drink.   Client is responsible for observing all applicable noise ordinances.  

3. Alcohol.

1. Client shall monitor all service, if any, of alcohol and specifically acknowledges that Client is solely liable for the consumption of any alcohol by any person on the Premises, and that such liability shall extend to any aspect regarding the consumption of alcohol.

2. All alcohol must be served and consumed inside the Premises.  No alcohol is permitted outside of the fenced perimeter.  

1. Client must provide a licensed & insured caterer or bartending service with correct permitting if alcohol  is being served.  By law, no one under age 21 may consume or taste alcoholic beverages at any time on the Premises.  Client agrees and warrants that there shall be no consumption of alcohol by persons under age 21. 

2. Client shall indemnify and hold harmless the Landlord, the property owner, and all personnel affiliated therewith, from all liability for improper use of alcohol by Client, guests, vendors, invitees or others on the Premises during Event.

3. Smoking.  No smoking is permitted indoors.  Smoking is only permitted in outdoor areas. Client is responsible for cleaning up all cigarette butts and other smoking debris after Event.

4. Payment.  Client shall pay 100% of the rental rate shown on Rental Agreement at the time of signing. 

1. Cancellations. 

1. Cancellations thirty (30) days in advance of Event date will receive a full refund. 

2. Cancellations fifteen to thirty (15-30) days in advance of the Event will receive a partial refund of 50%.  

3. Cancellations within fourteen (14) days of the Event will not be refunded.  

4. Full refunds shall be provided for cancellations by either party due to a Force Majeure occurrence, defined as (i) acts of God, (ii) natural disasters, (iii) war, invasions, hostilities, terrorist acts, riots, civil unrest or strife, or other events that are likely to adversely affect the safety and health of individuals using the Premises, (iv) orders, declarations, or actions from a governmental authority having jurisdiction over the Premises, (v) loss of utilities or services that render the use of the Premises unreasonable or unsafe in the Landlord’s reasonable discretion, and, (vi) any other material event beyond the reasonable control of the parties that makes the use of the premises unreasonable, unsafe, or impermissible under the circumstances in the reasonable discretion of the Landlord.

2. Cleaning Fee.  Client shall pay an additional fee to clean the Premises following the Event, as detailed in Schedule A.

3. Damage to Facility. Client shall sign and provide a working  credit card authorization form upon contracting in order to pay any damages (“Damage Authorization”), which Landlord shall charge against costs for any damages or other charges incurred as a result of the Event. Client shall be liable for damages that exceed normal wear and tear at the Landlord's discretion. If damages to the Premises prevent the next scheduled event from occurring, Client will be responsible for any and all refundable deposits that may be demanded by future Clients. Client further agrees that if collection of payment for damages is placed in the hands of an attorney, Client will pay the costs of collecting the amount due, including reasonable attorneys’ fees.

1. Setup and Cleanup. 

1. Setup. Setup time is included in the rental time and rate.

2. Decorations. Client agrees that decorations shall not be affixed to the Premises by use of nails, staples or any other method that will damage the Premises. No glitter, powder or confetti cannons are allowed onsite. Command strips and tape must be removed from all surfaces, including mirrors, walls, furnishings, etc.

3. Cleanup. Client shall complete clean up of the Premises before rental time has ended.  Guests, caterers, musicians and other vendors shall vacate during allotted rental hours.  All decorations and trash brought onsite during the Event must be removed and hauled away during the cleanup time. Client shall pay a charge of two hundred fifty dollars ($250) for each half hour the Premises is not cleared of all trash, possessions and persons after an Event.

2. Client Responsibilities. Client agrees (a) to be responsible for any and all damages or costs which may occur, either as the result of accidents or intentional acts of Client, guests, and/or vendors secured by the Client, (b) to remain on the Premises at all times during the Event, (c) to be responsible for setup of the Event and for clean up after the Event to restore the premises to their condition immediately preceding the event, and, (d) that children shall be supervised at all times. Landlord shall not be responsible for any injuries which occur in connection to the event.

3. Indemnity. Client hereby agrees to indemnify and hold harmless the Landlord and the owner of the Premises from and against all loss, liability, cost or damages that may occur or be claimed with respect to any person or persons, corporation, property or chattels, on or about the Premises, or to the property itself resulting from any act done, or omission by or through the Client, its agents, contractors, employees, invitees, or any person on the premises by reason of the Client’s use or occupancy.

4. Limitation of Liability.  In no event shall the total combined liability of Landlord, owner of the Premises, and any personnel associated therewith, to Client and Client’s guests, invitees, vendors and other persons, exceed an amount equal to the total amount paid by Client to Landlord.

Miscellaneous. The parties agree that any dispute shall be subject to the laws of the State of Indiana, and any legal action shall be brought in Marion County Indiana.  A failure of any party to this agreement to enforce at any time any provision contained herein shall in no way be construed to be a waiver of such provision. If any provision is held to be illegal, invalid, unreasonable, or unenforceable under the present or future laws, such provision will be fully severable, this agreement will be construed and enforced as if such legal invalid, unreasonable, or unenforceable provision had never comprised a part of this agreement, and the remaining provisions of this agreement will remain in full force and effect and will not be affected by the provision. This agreement may be executed in several counterparts and by E signature. Each of which shall be deemed an original but all of which shall be taken together to constitute one and the same instrument the parties agree that any of the terms and conditions contained herein and any modification shall be in writing.