THIS AGREEMENT is made as of this ______ day of____________ ,
199__, by Generic Gathering Place, a non-profit organization, organized
and existing under the laws of the Commonwealth of Pennsylvania (hereinaft
er referred to as "Generic Gathering Place") and _____________________________,
(hereinafter referred to as "Client").
BACKGROUND
Generic Gathering Place has available rooms and kitchen facilities suitable
for a variety of parties and similar functions. Client wishes to hold a
function at Generic Gathering Place, and to prepare and serve the food
and beverages.
AGREEMENT
For and in consideration the mutual promises, terms and covenants herein
contained, each of the parties, intending to be legally bound hereby, mutually
agree as follows:
1. RESERVATION AND DEPOSIT.
Your tentative space reservations are outlined below:
Day
Date
Beginning and Ending Times
Function
Room
Room Rental Fee
The Room Rental Fee is for a maximum use of five hours. Additional usage
will be billed on a pro rata basis.
Functions shall not impede or interfere with the religious services,
school or any religious activities or affairs nor inconvenience or interfere
with any of Generic Gathering Place's activities.
In order to confirm your space reservation, please sign and return a
copy of this Agreement together with your deposit of $ by , 199.
The deposit is not refundable, but will be credited toward your final bill.
Should it become necessary for you to cancel, you will be charged as follows:
Notice Prior to F unction Charge to Client
More than 30 days Deposit Only
15 - 29 days 50% of all estimated charges
7 - 14 days 75% of all estimated charges
Less than 7 days 100% of all estimated charges
"Estimated charges" include room rental fee, Mashgeach or kitchen supervisor
and all other amounts agreed to be paid hereunder. Where amounts are not
specified, Generic Gathering Place's rate schedule will apply.
All arrangements other than menu must be finalized at least forty five
(45) days prior to your function to ensure availability of requested items.
2. PAYMENT.
Fifty percent (50%) of the balance of your estimated charge is due thirty
(30) days prior to your function. The remaining balance will be due immediately
following your function. If your functio n is over on Shabbat or other
day when the handling of money is forbidden by Jewish law, then your balance
will be due at 9:00 a.m. on the next day when money is permitted to be
handled.
3. RESPONSIBILITIES OF CLIENT.
(a) Client agrees to supply at its own cost all food and beverages from
approved purveyors, and unless other arrangements are made with Generic
Gathering Place's Catering Committee, dishes, cutlery, silverware, glassware,
linens and other utensils and equipment necessary to be used in connection
with Client's function, as well as Client's own personnel for the preparation
and service of food and beverages.
(b) Client shall properly maintain, conduct and keep Generic Gathering Place's kitchen, accessories, equipment, utensils, tables and chairs, in good order and repair as they are now, except for reasonable wear and tear and damage by accident al fire or other casualty not occurring through negligence of Client. Should repairs in or to Generic Gathering Place's kitchen, accessories, equipment, utensils or the like, be necessary by reason of the negligence of Client or those employed by or acting on its behalf, Client shall pay for the cost of such repairs and/or replacement.
(c) Client shall at its own cost provide all necessary personnel, material
and equipment to properly and completely clean Generic Gathering Place's
kit chen, including but not limited to the cleaning of stoves, sinks, refrigerators,
coffee urns, etc., and floors. The kitchen floor is to be swept and damp-mopped.
Client shall place all refuse in plastic bags. Client shall follow all
general regulations as attached or may be added in the future.
(d) Generic Gathering Place shall be responsible for arranging all necessary
tables and chairs in the social halls in accordance with Client's plan.
However, Client shall, at its own cost, provide all personnel necessary
for table setting and decorating for the function.
(e) Should the Client fail in any of its obligations to keep the Premises
and equipment clean and in good repair, Generic Gathering Place shall have
the right to clean, maintain and repair or replace said equipment and Premises
at such times as it sees fit and shall be entitled to charge Client an
amount equal to One Hundred Fifty percent (150%) of its actual costs t
herefor. Payment shall be made by Client to Generic Gathering Place within
ten (10) days of Generic Gathering Place's presentation to Client of an
itemized statement accounting for such costs.
(f) Client shall perform all catering services in conformity with traditional
Jewish custom, ritual and law, including but not limited to the strict
observance of the Sabbath and all other Jewish holidays and the maintenance,
service and preparation of Kosher foods in and abou t Generic Gathering
Place, all as approved by the Rabbi or Mashgeach of Generic Gathering Place.
4. INDEMNIFICATION.
Client shall be responsible for and does hereby relieve, release and
indemnify Generic Gathering Place for all costs, damages, liabilities and
expenses (including attorney fees) by reason of any injury or damage to
any person or property upon the Premises occupied and used by Clien t where
such injury or damage was caused by or as a result of the acts or failure
to act of Client, its servants, agents, workers or employees, including
but not limited to any liability arising out of the service of alcoholic
beverages. Generic Gathering Place shall not be liable or responsible to
Client or to anyone else by reason of theft, disappearance or damage sustained
by Client or others in connection with the use or storage of items at Generic
Gathering Place.
5. INSURANCE.
If Client offers parking service, Client or Client's valet service shall
provide auto public liability and property damage insurance coverage of
not less than $100,00/$200,000/$20,000.
6. MASHGEACH.
Generic Gathering Place will provide its own Mashgeach to supervise
the delivery, preparation, custom, ritual and serving of all food on the
Premises. If Generic G athering Place does not provide a Mashgeach, it
may elect to supply a kitchen supervisor. Client shall reimburse to Generic
Gathering Place its actual cost for the Mashgeach or kitchen supervisor.
7. ALCOHOLIC BEVERAGES.
In the event Client provides their guests with alcoholic beverages,
Client shall comply with all state and local laws. Client shall not serve
any alcoholic beverages to any minor or person under the infl uence of
alcohol.
8. RULES AND REGULATIONS.
Client shall be bound by all of the Catering rules and regulations of
Generic Gathering Place pertaining to the delivery, maintenance, preparation
and service of food, supplies and equipment and facilities. These rules
and regulations may be reasonably changed, amended or increased at the
sole discretion of Generic Gathering Place and its Rabbi. Further, Client
shall obey all law s, customs and usages of Conservative Judaism in relation
to the Catering of all functions at Generic Gathering Place.
9. FAILURE OF SERVICES.
Generic Gathering Place shall not be liable for any damage, loss, compensation
or claim by reason of inconvenience to Client if the same is due to circumstances
beyond the control of Generic Gathering Place, including but not limited
to (a) the failure of Generic Gathering Place to su pply water, gas or
electricity; (b) the breakdown in or mechanical failure of the air conditioning,
or heating equipment or any kitchen equipment; (c) the necessity to repair
any portion of the building; (d) the interruption in the use of the Premises;
or (e) destruction of the Premises.
10. REMOVAL OF PROPERTY.
No property or equipment belonging to Generic Gathering Place may be
removed from the Premises by Client or any of its servants, agents, workmen,
or employees without first obtaining the written consent of both the Chairman
of the Catering Committee and the Synagogue Administrator. Client shall
reimburse Generic Gathering Place 150% of the replacement cost of removed
property or equipment which is not returned within two working days after
being asked to do so.
11. ENTIRE AGREEMENT.
This Agreement contain s all of the covenants, understandings, agreements
and stipulations between the parties, and supercedes all prior agreements
or understandings, written or oral. No amendment to this Agreement shall
be binding unless dated and executed by both parties. bound hereby.
12. WAIVER.
The waiver of any breach or default of any term or condition of this
Agreement shall not be deemed a waiver of any subsequent breach or default
whe ther of like or different nature. Each party shall have the right at
all times to enforce the terms and conditions of this Agreement in strict
accordance with the covenants hereof notwithstanding any conduct or custom
on its part in refraining from doing so at any time or times.
13. BINDING AGREEMENT.
This Agreement shall be legally binding upon and inure to the benefit
of the parties hereto, their heirs, legal representat ives and/or successors;
however, it shall not be assigned without the written approval and consent
of the other party.
14. LAW AND INTERPRETATION.
The interpretation and construction of this Agreement shall be governed
by the law of Pennsylvania, without giving effect to the principles of
conflicts of laws. Pronouns referring to any gender shall be deemed to
refer to all genders, and the singular shall include the plural, and vice-versa,
as the context may require. The headings of the various provisions of this
Agreement are for ease of reference only, and shall be disregarded in interpreting
the provisions hereof. The invalidity or unenforceability of any portion
of this Agreement shall not affect the balance of the Agreement.
15. ARBITRATION.
Any dispute arising under, out of, in connection with, or in relation
to this Agreement, or th e making or validity thereof, or its interpretation
or any breach thereof shall be determined and settled by arbitration in
Philadelphia, Pennsylvania, pursuant to the rules then obtaining of the
American Arbitration Association. Any award or decision rendered by the
arbitrators may be entered in any court having jurisdiction thereof and
shall be final and conclusive upon the parties. Disputes of a religious
nature shall be settled by a Bet Din consisting of three congregational
Conservative rabbis.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first noted above.
| Generic Gathering Place, a Pennsylvania non-profit
corporation
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CLIENT:
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