Pool Room Bar Agreement

POOL ROOM BAR AGREEMENT

Parties and Recitals

Owner Name:    Owner Address: 

Operator Name:    Operator Address: 

WHEREAS, Owner is the lawful owner of the premises identified above and operates a pool room and related recreational facilities (the "Premises"); and

WHEREAS, Operator is engaged in the business of operating a bar and providing beverage and attendant services and desires to operate a bar within the Premises under the terms and conditions set forth herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations regarding the operation of the bar area within the pool room without creating a tenancy greater than the license expressly granted herein.

Scope of Work

Operator shall be responsible for staffing, liquor and food service, day-to-day bar operations, procurement of inventory, point-of-sale activities, and for obtaining and maintaining all licenses and permits required for the lawful operation of the bar at the Premises. Owner shall retain responsibility for general premises maintenance, structural repairs, and utilities unless otherwise allocated in writing.

Payment Terms

Payments shall be due in accordance with the schedule above. Operator shall deliver timely and itemized invoices evidencing gross receipts (where applicable) and supporting documentation required by Owner. All payments are exclusive of applicable sales taxes; the party required by law to collect or remit such taxes shall do so.

Term and Termination

Term Commencement Date:    Term Expiration Date: 

Either party may terminate this Agreement for convenience by delivering written notice to the other party at least the number of days set forth above. Either party may terminate immediately for material breach if the breaching party fails to cure such breach within thirty (30) days after written notice. Certain obligations, including but not limited to indemnification, confidentiality, and payment obligations accrued prior to termination, shall survive termination.

Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include information that is or becomes public other than by a breach of this Agreement, independently developed by the receiving party without use of the disclosing party's Confidential Information, or rightfully obtained from a third party without restriction.

The receiving party shall: (a) use Confidential Information solely for performance under this Agreement; (b) restrict disclosure to employees, agents or contractors who need to know and who are bound by confidentiality obligations no less restrictive than those herein; and (c) exercise at least the same degree of care used to protect its own confidential information, but not less than reasonable care. Upon termination or upon written request, the receiving party shall promptly return or destroy Confidential Information and certify such return or destruction.

Insurance, Indemnification, and Compliance

Operator shall maintain commercial general liability insurance and, if serving alcohol, liquor liability insurance in commercially reasonable limits and shall name Owner as an additional insured to the extent of Owner's exposure arising from Operator's activities. Operator shall provide certificates of insurance upon request.

Operator agrees to indemnify, defend and hold harmless Owner and Owner's officers, employees and agents from and against any claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Operator's negligent or willful acts, breaches of this Agreement, or violations of laws in connection with its operation of the bar, except to the extent caused by Owner's gross negligence or willful misconduct.

Operator shall comply with all applicable laws, rules and regulations governing the sale and service of alcoholic beverages, including age verification, responsible service practices, and any required licenses and permits. Operator represents that it shall not permit illegal activity on the Premises in connection with the bar operations.

Operator holds a current liquor license and will provide proof to Owner upon execution.
Operator will obtain the necessary liquor license prior to commencing alcohol service.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of  without regard to principles of conflicts of law. The parties shall first attempt in good faith to resolve disputes by negotiation. Failing resolution, disputes shall be resolved by binding arbitration conducted in the governing state in accordance with commercial arbitration procedures mutually agreed by the parties.

Representations, Warranties and Entire Agreement

Each party represents and warrants that it has full power and authority to enter into this Agreement and to perform its obligations hereunder, that the execution and performance have been duly authorized, and that this Agreement constitutes a valid and binding obligation enforceable in accordance with its terms.

This Agreement, together with any written exhibits or schedules attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment or modification shall be effective unless in writing and signed by both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as either party may designate in writing. Delivery by certified mail, return receipt requested, or overnight courier shall be deemed effective upon receipt.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship. Assignment of this Agreement requires prior written consent of the non-assigning party, except that Owner may assign to an affiliated entity or a purchaser of the Premises.

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