Welcome to Tuscany Garden Reception Center!

DEFINITIONS

• Event: the wedding, event, meeting, banquet, reception, etc.
• Center/Venue: TUSCANY GARDEN RECEPTION CENTER
• Caterer: the person or business providing food and beverage.
• Renter: the person, corporation, entity, organization, or association contracting with the Center for the Event.

CENTER

Means the following entities and persons: Center and its affiliates; Center's contractors and subcontractors of any tier; and their respective affiliates, agents, representatives, directors, officers, assigns, managers, members, shareholders, owners, employees, and invitees.

RENTER

Means the following entities and persons: Renter; Renter's affiliates; Renter's other contractors; Renter's co-venturers, co-owners, partners, joint venturers, co-Renters; and their agents, representatives, directors, officers, assigns, managers, members, shareholders, owners, and business invitees, guests, and employees.

The Center is not responsible for personal property and equipment brought onto the property by the Renter or their agents.

The Renter agrees to the terms and conditions set forth in this agreement.

PAYMENT POLICY

The Center will accept a local check, cash, or card.

Any returned checks or insufficient funds returns on transactions will be charged a $100.00 insufficient fund fee.

Half of the payment will be made within 60 days of booking the venue. The final payment is due sixty (60) days prior to the Event. The Center reserves the right to refuse the facility and/or terminate any scheduled Event if the payment schedule outlined herein is not followed. No refunds will be due to the Renter in this event.

NOTE: Exceptions are made for some Renters when contracts are secured in advance.

RENTAL OF SPACE

A rental contract must be signed, all pages initialed and signed, as well as appropriate deposits submitted.

Rental time begins when the Renter requires access to the room and ends once the Renter, all guests, and all items have vacated the property. The rental period begins at <Renter's Start Time> and ends at <Renter's End Time> on the day of reservation. If the Renter needs access to the Event center before or after said time period, unless prior agreements in writing are approved by the Center, the Renter will be charged a pro-rated $300.00 to $500.00 per hour fee. The ending time for any Event may not exceed midnight, except on special occasions, i.e., New Year's Eve and special arrangements have been approved by Event Staff.

Accessing the facility earlier or staying later than the contract time without prior approval by the center will result in an additional charge of $300.00 to $500.00 per hour. In case the number of Guests exceeds what was listed, the center will charge an additional fee of up to $1000.

VENDORS INFORMATION

Please provide the information of vendors (DJ, Floral, Decorator, Cater, Food Server, etc.).

PARKING

The Center's allotted parking is in the rear of the building and also on the front east side at no charge to the Renter and their guests. The Center is not responsible for theft, damage, or any valuables left in vehicles on the premises.

• No overnight parking.

SETUP DECOR

We only allow Scotch Brand Wall Mounting Tabs to be placed on the walls to hang posters, etc. If other products are used and cause damage to the wall, the Renter agrees to pay to have the walls repaired.

Absolutely no nails, screws, tacks, duct tape, or any other kind of adhesives or devices are allowed on the walls, wooden columns, or staircase banisters.

Some decorations in the barn are permanent and must not be changed. Any change must be in writing.

Damage fees are $150-$1000 for each hole in the wall, wooden column, or staircase banister, or any type of damage caused by the Renter, Renter's Guests, or their Vendors. If damage exceeds the above amounts, the Renter agrees to pay that.

No items are allowed to be hung or attached to the ceiling or the entry hall beams. No doors are to be painted or decorated in any way.

No doors are to be removed from the frame or hinges. Only dripless candles or candles in approved containers may be used with approval from the Center's Coordinator. Open flame candles are not allowed UNLESS the floor immediately under the candles are covered in plastic or the candles are in a votive that totally encases the candle and flame. No bubble or smoke/fog machines are allowed to be on the premises. Animals or Pets are not allowed on the premises, except by special arrangement. Any "out of the ordinary" wedding day activities (i.e., dogs participating in the Ceremony, fireworks etc.) must receive clearance in writing in advance from the Center.

All decorations must be approved by Tuscany Garden management at least two weeks prior to the Event date. The Center will not permit glitter, confetti, or anything that can cause a mess to be used in any way.

BAR/ALCOHOL

Alcohol will not be served to anyone under the age of 21 years or anyone who appears to be intoxicated. Tuscany Garden reserves the right to refuse or stop alcoholic beverage service to any individual or group at any time. The facility is required to enforce liquor laws as regulated by the state of Utah.

You may provide alcoholic beverages to your guests but under no circumstances are you allowed to sell said beverages in exchange for monetary value or services. Alcoholic beverage service may be denied to those guests who appear to be intoxicated or do not have proof of being of the legal age.

If you intend to serve Alcoholic beverages, the Renter is required to carry separate Event policy insurance. If alcohol is consumed, used, or served on the premises without Event policy insurance in place, the Renter MUST put a stop to the alcohol immediately or the Center representative has the right to suspend the Event and all persons must leave the property immediately. The entire security deposit will be forfeited and no refunds will be issued to the Renter from the Center in this event.

A Center representative has the right during an Event to suspend the serving of alcoholic beverages should it appear to cause a disturbance or endanger property.

FURNISHINGS

Tables, chairs, and furnishings must remain inside the contracted space at all times. The Renter may not take tables, chairs, or any other furnishings outside the facility unless prior written arrangements have been made with the Center.

PUBLIC SAFETY

The Center's public safety requires that all aisles, exits, and areas to be kept clear of obstacles, and cannot be blocked by chairs, tables, or anything that can create a hazard. This is for the safety of the guests.

If, in the judgment of a representative of the Center, an Event becomes disruptive for whatever reason (i.e., excessive noise, risk of property or safety), and the Renter has not put a stop to the disruption after being asked to do so, the representative has the right to suspend the Event and all persons must leave the property immediately. No refunds will be due the Renter from the Center.

SAFETY & SECURITY

• For the safety of the client, all guests and guests of the client are permitted to have access to the contracted use space. Any non-contracted spaces are off-limits at all times.
• Tuscany Garden reserves the right to require the client, at client's expense, to hire additional security personnel for the event should the Center determine it would be helpful to ensure safety and traffic control.
• Any loss or damage to the facility caused by guests, associates, and/or staff may result in a damage assessment fee.
• Children must be supervised at all times, and staffing may be required in designated areas.
• Tuscany Garden exercises the right to inspect and control all guests, vendors, and associates, including but not limited to monitoring noise levels.
• Tuscany Garden prohibits the use of any illegal activity or actions deemed inappropriate. Tuscany Garden will not be responsible for personal property, displays, exhibits, equipment, or other items lost, stolen, or damaged in or around the Center.

TOBACCO PRODUCTS

Smoking, including E-vapor or the use of any tobacco products, is strictly prohibited anywhere within the Center's facility. Smoking is only allowed in the designated area and is not allowed anywhere else on the property (including the fields, grassy areas). All cigarette butts must be properly disposed of.

Utah law prohibits smoking inside the barn.

RESTRICTIONS

Tuscany Garden facility and grounds shall not be used for any unlawful purpose. The Center reserves the right to refuse use of the facility and grounds to any organization or individual in the event that a program or its content does not comply with the Center's policies and guidelines. Plans for facility use must be discussed and/or submitted by the user to the Center prior to contracting.

• The user must agree that it will not practice, advocate, or permit discrimination or segregation based upon race, creed, color, sex, age, disability, or national origin.

ENTERTAINMENT

All entertainment must be approved prior to the Event, and approval is at the discretion of the Center. Entertainment includes, but is not limited to, bands and disc jockeys. Amplified music outside of the building is at the sole discretion of the Center and may be prohibited. Music and noise need to be brought to a moderate level by 10 p.m. Though it may seem that the Center is isolated, it is surrounded by residential areas. It is necessary to keep the sound, especially bass, at a sensible level because it carries so well.

• Tuscany Garden reserves the right to inspect and control all private events, including the right to monitor and control noise levels.

Must provide the name and contact information of the DJ or band and sound technician (if there is one) you selected for your Event.

TAX

All charges are subject to any Federal Sales Tax, Utah State Sales Tax, and Weber County and Roy City Sales Tax.

CLEANUP

Everything brought onto the property, including trash, debris, and empty bottles, must be removed by the end of the rental period. In the event that any trash, debris, empty bottles or bottle caps, cans or can tabs, cigarette butts, confetti, pools of liquid, etc. are left on site, a minimum of $500.00 will be deducted from the security deposit. An area for trash is provided on the kitchen side of the Center, but all trash MUST be in trash bags. The premises must be vacated by 11:59 p.m. the day of the Event (unless otherwise agreed in advance by the Center), or a $250 to $500 'per hour fee will be taken out of the security deposit for each hour or part thereof for cleanup continuing after midnight. This includes all of the Renter's items, decorations, vendor's items, and all trash both inside and outside the Center. Any modification of this provision must be requested in writing or by email and confirmed in writing or email.

If Renter so chooses, the Center can provide cleaning services for an additional fee.

HEATING & COOLING

Though TUSCANY GARDEN Event Center is heated and cooled, during periods of extreme temperature (less than 32°F or greater than 90°F), it can sometimes be difficult to maintain the desired temperature in the Barn. Since the Barn is a huge open space with multiple doors, it is important to have realistic expectations about heating and cooling the barn. During the setup period of any event, many vendors/family members, etc., will be unloading items and bringing them into the Barn. Just like in your home, when the doors are opened frequently or left ajar for extended periods, the heating or cooling becomes less effective in that space. To help alleviate this possible problem, it is advisable to use just one or two doors for entry into the Barn and to close them as soon as practical afterwards.

FACILITY CARE

Birdseed and flower petals exclusively may be thrown in Outside Areas Only. No items, i.e. ice, birdseed, confetti, glitter, rose petals, cigarette butts, or sparklers may be left/found outside the Center premises after the Renter's departure.

• $250 per hour clean-up fee may be charged and will be taken out of the security deposit for each hour or part thereof for clean up.
• Any unauthorized chairs and tables are not to be relocated. Otherwise, a fee will be applied.
• The Bridal room is to be off limits for events that are not weddings. Unauthorized access will result in forfeiture of the initial deposit and a separate fee to be applied up to $1,000.

DEPOSITS, REFUNDS, AND CANCELLATIONS

• Reservations will be considered binding only upon receipt of a $500 security deposit, together with this signed contract.
• The security deposit will be refunded to the person or entity who makes the Deposit unless instructed in writing otherwise, no later than thirty days after the Event, late vacate fee, damage, cleanup, and late payment charges, if any.
• In the event that any trash, debris, empty bottles or bottle caps, cans or can tabs, cigarette butts, confetti, pools of liquid, etc. is left on site, a minimum of $500 will be deducted from the security deposit.
• In case the number of Guests exceeds the listed number, the center will charge an additional fee up to $1,000.
• In the event of a cancellation, the $500 security deposit is non-refundable at all times.
• A 48 hour notice prior to the start of the event must be given before cancellation/change of a date. Otherwise, no refund will be given.
• Any change in event date will incur a charge of $500 to $1000. After making such a change, if the customer decides to cancel the event, there will be no refund of any payments made, including the security deposit.
• Refunds are based on the date the booking was made and follow the schedule outlined below:

  Week	Refund Percentage
  Week 1	100% (Full Refund)
  Week 2	75% Refund
  Week 3	65% Refund
  Week 4	50% Refund
  Week 5+	0% (No Refund)

• Tuscany Garden reserves the right at its sole discretion, to cancel events due to unforeseen and/or emergency and/or safety issues.
• In some cases, there may be a fee of $500-$1000 assessed at the sole discretion of the Venue.
• Tuscany Garden also reserves the right to cancel a function in the event that there is a failure to comply with our policies, and there will be no refund of any deposits/fees/payments.
• Due to government restrictions, the center has the right to cancel the event and limit the number of guests.

Any modification of this rental agreement must be put in writing and signed by both the Renter and the Center.

CANCELLATION OF EVENT BY THE CENTER

If the Center has to cancel events due to circumstances beyond its control (e.g., acts of God, civil commotion, government actions, etc.), the Center shall not be liable for damages due to delay or failure to perform any obligation under this agreement.

The Center is not responsible for any problems, delays, or cancellations due to weather, storm, power failure, or other acts of God. In such cases, there will be no refund or proration of time, but the Center will make every effort to reschedule an event based on availability. The Center is also not responsible for any appliance failures (e.g., sound system, microwave, refrigeration, etc.).

INDEMNIFICATION & LIABILITY INSURANCE

The Renter shall indemnify and hold the Center harmless from and against liabilities, claims, suits, damages, costs, or expenses of any kind for any injuries, death, or illness suffered by any members of the Renter's party or any damage to or loss of property caused by the Renter's negligent performance or failure to perform any obligations under this agreement.

LIABILITY AND INDEMNITY

The Parties acknowledge that this article provides adequate notice that this agreement includes provisions requiring one party to be responsible for the negligence, strict liability, or other fault of the other party and its group.

The indemnity and insurance obligations are separate, such that failure to fulfill indemnity obligations does not alter or eliminate insurance obligations and vice versa. The indemnity obligations shall survive the termination of this agreement.

DAMAGE AND LIABILITY

Tuscany Garden and its agents and partners assume no responsibility for damages or loss of any merchandise or materials brought onto the property. The client is liable for all damages, expenses, and losses, including theft and property loss, caused by any person attending or providing services for the client's event. Costs will be assessed and charged to the client or deducted from the security deposit.

CATERING

Food and drink may be provided by a Caterer approved and registered with the Center. All Caterers must register with the Center and sign an Indemnity and Hold Harmless Agreement, and if licensed, provide a current copy of the license. Caterers are responsible for preparations and clean-up according to Utah State Law. The Center is not responsible for personal property and equipment brought onto the property by the Caterer or their agents.

The Center can provide potential Caterers familiar with the premises that can be hired separately by the Renter.

LOAD-IN/OUT

Event load-in/out should take place during the time specified in the Event License Agreement and be completed no later than the agreed upon time. Additional charges will apply if loading in/out takes place outside of the specified time. Specific areas will be designated for deliveries, unloading/loading, parking, and event set up. Vendors must arrange delivery time in advance to avoid delays.

ENTIRE AGREEMENT

This Agreement contains the entire agreement of the parties, superseding any prior written or oral agreements.

AMENDMENT

This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.

SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that party's right to subsequently enforce compliance with every provision.

APPLICABLE LAW

This Agreement shall be governed by the laws of the State of Utah, with proper venue being Weber County.

RENTERS or REPRESENTATIVE FOR THE RENTERS RECEIVED A COPY OF AGREEMENT

By signing below, the RENTER or REPRESENTATIVE agrees to pay for any damage to the property or its furnishings resulting from actions taken by the renter, their guests, or any person contracted for the event. The RENTER agrees to hold TUSCANY GARDENS EVENT CENTER, LLC and its employees or agents harmless, including court costs and attorney fees, in any legal action resulting from this event.

By signing this document, the Renter acknowledges and accepts all the above terms and conditions in this contract.