CAKEWALK EVENT SPACE LIBERTY TERMS & CONDITIONS
Thank you for booking CAKEWALK EVENT SPACE LIBERTY (the “Venue”). By booking the Venue, you are agreeing to these Venue Rental Terms & Conditions (the “Terms”).
For clarity, all references to “us” (and similar words such as “we” and “our”) mean CAKEWALK EVENT SPACE LIBERTY (regardless if they are capitalized), and all references to “you” mean the individual making the booking (regardless if the word is capitalized).
You are responsible for the conduct of your guests. All of the terms and conditions set forth herein are extended to any and all guests that attend your event.
BOOKINGS & ACCESS
Subject to these Terms, we grant you, your vendors, and your guests, the limited right to access and use the Venue on the event date (the “Event Date”) during the times you selected when making your booking. Due to the nature of our business, we do not allow early access to the Venue. We suggest you inform your guests and vendors not to arrive earlier than your specific booking time (otherwise, they may be required to wait outside the venue rain or shine).
Capacity & Pets
The Venue includes seating for up to 35 guests (75 when combined with the Cakewalk Chapel next door). Standing guests (excluding those participating in the wedding ceremony) and pets are not permitted for insurance & safety purposes.
You may not make changes to your booking without our written consent. If you request a change to your Event Date more than 14 days prior to your Event Date, then we will attempt to reschedule your booking, but we are not required to do so. If your booking is rescheduled pursuant to this paragraph, then we will apply all of your prior payments to the rescheduled booking.
By making a booking, you are agreeing to pay us all venue rental fees and other expenses described during the booking process (the “Rental Fees”).
Deposits & Payment Schedules
If your booking is for less than four hours, then you must pay us: (a) a deposit of $200 at the time of booking; and (b) the remainder of your Rental Fees no later than 14 days prior to your Event Date.
If your booking is for four hours or more, then you must pay us: (a) a deposit of $400 at the time of booking; (b) an additional deposit of $600 no later than three months prior to your Event Date; and (c) the remainder of your Rental Fees no later than 14 days prior to your Event Date.
If you make a booking within three months of the Event Date, or within 14 days of the Event Date, then we may require you to pay all required deposits at the time of booking based on the number of days until your Event Date.
Additional Payment Terms
In all cases, the deposits will be applied to your total Rental Fees and are non-refundable and non-transferable except as otherwise provided in these Terms or by us in writing. If you fail to make any payment to us when due, then we may cancel your booking without any liability to you. You shall promptly pay all sales, use, excise, and any other taxes and license fees which are required to be paid by you in connection with your booking to all governmental and licensing authorities and, at our request, provide evidence of such payment to us.
Venue Address (for invitations)
We recommend you use the following address for invitations:
119 West Kansas Street Liberty, MO 64068
You may not have items delivered to the Venue without our prior written consent. We are not responsible for any items which you may have delivered to the Venue, whether with or without our consent.
You may not bring any of the following items into the Venue: real or faux loose petals; confetti; bubbles; tossables; or other venue decor not approved by us in advance.
The Venue does not have access to Wi-Fi and cannot accommodate network service. However, you may provide your own wireless network service for online streaming of video chats, skype, and similar uses.
You may bring outside beverages into the Venue. However, you must provide all supplies needed to serve and consume the drinks, including disposable cups, openers, napkins, ice, dispensers, etc.
You may bring outside food into the Venue.
We shall not be liable to you or any third party for any property which you, your vendors, or your guests, bring to the Venue. Rather, you and those third parties shall assume full responsibility for damage, loss, and theft, of the same.
You may not cancel your booking except as provided in these Terms.
You may cancel your booking any time prior to 14 days before your Event Date by providing written notice to us. The effective date of that notice will be determined by the Notice provisions in these Terms.
Additionally, we may cancel your booking at any time by providing written or oral notice to you if: (a) you breach any of your obligations in these Terms; or (b) you, your guests, or your vendors, violate any rules applicable to their use of the Venue.
Payments Owed Upon Cancellation
If your booking is canceled as provided in these Terms, then we may retain all deposits you paid prior to the effective date of the cancellation. Additionally, if as of the effective date of the cancellation you owe us any deposits, then you shall promptly pay all such deposits to us.
If you cancel your booking with less than 15 days notice to us, then you shall promptly pay us (or if already paid, we may retain) all Rental Fees associated with your Booking.
Effect of Cancellation
Upon cancellation of your booking, we may immediately make your booking time available to other clients.
Notwithstanding anything contrary in these Terms, neither you nor us will be liable to the other for any delay or non-performance of its obligations in these Terms provided (a) the delay or non-performance is caused by a Force Majeure Event that is beyond the reasonable control of such party that makes it inadvisable, illegal, or impossible to perform; and (b) the delayed or non-performing party provides prompt written notice to the other party of the delay or non-performance. “Force Majeure Event” means an unforeseen emergency including without limitation, acts of God, war, unforeseen government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, and any government, health, or other advisory that travel or events not be undertaken.
LIMITATION OF LIABILITY
Except as otherwise expressly provided in these Terms, we hereby specifically disclaim all warranties, implied or express, including without limitation the implied warranties of merchantability and fitness for a particular purpose. We shall not be liable for any action or omission of you, your guests, your vendors, or any third party. We shall not be liable for any loss of profits, sales, or revenues, loss of use, interruption of business, or damages, arising out of our services under these Terms. We shall not be liable to you under these Terms for consequential, special, exemplary, punitive, indirect, or incidental damages. Our liability under these Terms shall not exceed the amount paid by you to us under these Terms in the 12-month period immediately prior to the date your claim arose.
ASSUMPTION OF RISK & INDEMNIFICATION
You acknowledge that there is risk of injury and damage arising out of the use of the Venue and you voluntarily assume all of the same. You hereby release and discharge us and all of our representatives from all responsibility and liability from such injury or damage, except to the extent such injury or damage arises through our or our representatives’ sole negligence or intentional misconduct.
With respect to any suit, claim, investigation, or proceeding, arising out of these Terms, you shall indemnify us and our affiliates and our and their respective owners, directors, officers, managers, employees, and contractors (the “Protected Parties”) against all Losses arising out of your breach of or misrepresentation in these Terms or any negligent or intentional act or omission by you or any of your vendors or guests, except to the extent that a Protected Party negligently or intentionally caused those Losses. “Losses” means all reasonable expenses including attorneys’ fees and costs, plus all damages of every kind. Without limiting the foregoing, this indemnification shall apply and cover all forms of damage to and/or destruction of personal and private property caused by you, your guests, and your vendors.
If you are making your booking on behalf of another person (or for a business entity), then “you” means both you and that other person (or business entity). We may request that other person (or business entity) agree to these terms as well.
Joint & Several Liability
If “you” includes more than one individual/entity, then each individual/entity shall be liable for all of your obligations in these Terms and the liability of each individual/entity shall be joint and several.
These Terms contain the complete and entire agreement between the parties relating to the subject matter in these Terms and supersede all prior discussions and agreements (whether oral or written) by the parties relating to the subject matter in these Terms.
Amendment & Waiver
No amendment to these Terms shall be deemed valid unless it is in writing and signed physically or digitally by all of the parties. The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision in these Terms unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.
These Terms and the rights and obligations in these Terms may not be assigned by either party without the prior written consent of the other party, expect that we may assign our obligations in these Terms in their entirety in connection to an acquisition, merger, or other change of control. For clarity, you may not market or sell your rights under these Terms to any third party without our prior and express written consent.
Unless otherwise provided in these Terms, all notices and demands contemplated in these Terms or applicable law shall be in writing (with all delivery expenses prepaid) and addressed to the proper address in this section (or to the recipient’s most current address that has been delivered to the other parties in accordance with this section). All properly sent notices and demands shall be deemed delivered as follows: (a) if delivery is by hand, then at the time of the actual hand delivery; (b) if delivery is by email, then at the time the intended recipient provides non-automated, express or implied, confirmation of receipt (either in a physical writing or by email); or (c) if by overnight delivery using a nationally recognized overnight courier, then one business day after having been given to the courier. Notices sent to you must be sent to the name and address/email you used when making your booking.
Notices sent to us must be sent to: 121 West Kansas Street Liberty, MO 64068
Governing Law & Waiver of Jury Trial
These Terms shall be governed by and construed in accordance with the laws of Missouri, excluding its conflict of law principles. For any dispute arising out of or related to these Terms, each party consents to jurisdiction in, and the exclusive venue of, the state courts in Jackson County, Missouri, or when applicable in the U.S. District Court having jurisdiction over that county. Each party waives trial by jury in all actions, proceedings, and counterclaims, brought by either party against the other on any matter that arises out of or is related to these Terms.
If you breach any of your payment obligations in these Terms and we incur expenses in collecting the same (including all costs and expenses and reasonable attorneys’ fees), then you shall reimburse us for all of those expenses.
This Agreement may be signed using electronic signatures, which shall be deemed valid and effective for all purposes with the same force and effect as if such electronic signature were ink-signed.