Theatre Seat Rental Agreement

THEATRE SEAT RENTAL AGREEMENT

Parties

Recitals

WHEREAS, Venue Owner represents that it is the lawful owner or authorized manager of the theatre seating inventory identified in this Agreement and is authorized to rent such seats for temporary use; and

WHEREAS, Renter desires to rent specified theatre seats from Venue Owner for the purpose of seating attendees at the Event described below and Venue Owner is willing to rent those seats on the terms and conditions set forth in this Agreement;

WHEREAS, the parties intend that this Agreement set forth their full understanding regarding the rental, use, and return of the seats for the Event.

Event and Seat Details

Event Name:

Event Date:    Event Location (if different):

Seating Type: Reserved Seating General Admission

Scope of Work

Renter engages Venue Owner to provide the seats described above solely for the Event. Services include delivery to the Event location (if applicable), on-site setup and placement of seats as specified, and removal and return of seats to the Venue Owner's designated storage following the Event, subject to the terms below.

Payment Terms

Rental Fee (Total): $. This amount is exclusive of any applicable taxes and third-party charges, which will be the responsibility of Renter unless otherwise agreed in writing.

Deposit: Renter shall pay a non-refundable deposit of $ upon execution of this Agreement to reserve the seats.

Balance Payment Due: The remaining balance of $ shall be paid in full no later than .

Payment Method:

Late Payment: Any undisputed amount not received by the due date shall accrue interest at (or the maximum lawful rate if lower). Renter shall also be responsible for reasonable collection costs and any bank charges resulting from returned payments.

Security, Inspection and Damage

Condition at Delivery: Venue Owner shall deliver seats in good, serviceable condition. Renter shall inspect seats upon delivery and must notify Venue Owner in writing of any material defects within 24 hours of delivery or such defects will be deemed waived.

Damage and Loss: Renter accepts responsibility for damage to or loss of rented seats occurring during the rental period, ordinary wear and tear excepted. Renter shall reimburse Venue Owner for repair or replacement costs within 14 days of receipt of an itemized statement.

Term and Termination

Term Commencement Date: This Agreement commences on and continues through the completion of the Event and removal of seats, but no later than unless earlier terminated in accordance with this Agreement.

Termination for Convenience: Either party may terminate this Agreement for convenience by providing written notice to the other party at least days prior to the scheduled Event. If Renter terminates within the notice period, the deposit shall be retained by Venue Owner as liquidated damages.

Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within seven (7) days of written notice of the breach.

Confidentiality

Each party acknowledges that it may receive or have access to confidential business information of the other party. "Confidential Information" includes pricing, customer information, seating inventories, and any non-public operational or technical information disclosed in connection with this Agreement. Each party shall (i) maintain Confidential Information in strict confidence, (ii) use Confidential Information solely to perform its obligations hereunder, and (iii) not disclose Confidential Information to any third party except to employees, contractors, or agents who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Agreement. Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years.

Insurance and Indemnity

Insurance: Renter shall maintain, at its expense, commercial general liability insurance with limits not less than $1,000,000 per occurrence covering claims arising out of the Event and the use of the rented seats. Venue Owner may require certificate(s) of insurance evidencing such coverage prior to delivery.

Indemnity: Renter shall indemnify, defend and hold harmless Venue Owner, its officers, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of Renter’s use of the seats, negligence, willful misconduct, or breach of this Agreement, except to the extent caused by Venue Owner’s gross negligence or willful misconduct.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state identified below. The parties submit to the exclusive jurisdiction of the state and federal courts located in that state for resolution of disputes arising hereunder.

Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by notice. Notices shall be deemed given when delivered in person, by nationally recognized overnight courier, or three (3) days after deposit in the United States mail, postage prepaid, certified or registered mail, return receipt requested.

Execution

The parties, intending to be legally bound, have executed this Theatre Seat Rental Agreement as of the dates set forth below.

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