Facilities Use
General Use
Facilities Use Fees
Make a minimum payment of $500 within 30 of signing Agreement and pay the rental fees balance as delineated on page 1 no later than 30 days prior to the event. Monthly payments are required to maintain the reservation active. The rental fee includes a non-refundable Facility Cleaning Fee unless stated otherwise. Cancelation of event must be in writing. Failure to complete payments 30 days prior to the event, cancelation or abandonment of the event as determined by Owner forfeits the Reservation deposit and may also result in loss of all monies paid and all charges as delineated on page 1. Sanctuary use fee includes a $100 non refundable reservation fee. Reservation deposit fees are not refundable in the event of cancellation or abandonment.
A janitorial fee for final cleaning is included in use charges unless otherwise stated. Under all circumstances, all tables and chairs used in the exterior of the hall must be returned to the patio unless an additional fee has been paid for this service. Left over food items must be removed from the premises at close of the event. Tenant responsibilities are detailed in the ‘Checklist for Hall Tenant’s’ made available separately at time of contract signing.
Outside decorator is subject to surcharge. All Caterers are required to use non disposable china, knife and fork. The church reserves the right to require additional fees be paid to cover such items as early setup, any unexpected cleaning, repair expenses and storage charges for items left overnight on the premises, use of unapproved Vendors. Owner accepts no responsibility for items left by contracted parties or others inside or outside of the facilities.
Hall Rental begins at an agreed upon hour and ends at 12 midnight unless otherwise specified. Items rented by the Tenant are to be removed from the property of Owner at 12 midnight. Owner shall charge storage fees for items left on the premises inside or outside of the facilities after 12 midnight. Such fees shall be an additional charge or deducted from the Refundable Deposit of this Agreement.
Refundable Reservation Deposit
The Reservation Deposit is required at Contract Signing to reserve use of the facilities and serves as a property security deposit. The Deposit is refunded after the event if the provisions of the agreement have been followed. The Reservation deposit refund shall be paid by check made payable to the Tenant who signs the Rental Agreement. The Refund check may be picked up from the church office within 14 days of the event or mailed at additional charge if requested
Forfeiture of Reservation Deposit
The Reservation Deposit shall be forfeited or refund reduced if the provisions of the signed agreement including the ‘Checklist for Renters’ are not followed.
Forfeiture of Security deposit shall also occur under but not be limited to the following circumstances:
The event is canceled; Property is not vacated at time as specified in the contract; Property is not returned in a reasonable condition as determined by Owner, Instructions of the Property Manager or Designated Representative of the Owner usually the Security Officer assigned to the Event are not followed; Abusive language or physical threat of violence or actual violence on the Church property; Physical property damage including driving or parking on grass areas; clogging of toilets and damage to plumbing; use of bottled beer at tables; refusal to close doors at 9.00pm or as requested; Removal of any contracted items from Owner property; failure to follow safety procedures and evacuate building after fire alarm sounds, setting off false fire alarms due to use of prohibited equipment such as smoke and fog machines, setting off the fire alarm as a practical joke etc. Tenant shall also be responsible for and additionally charged for City and Fire Department penalties and fees if the Church is charged for false alarms.
In the event that the Tenant does not retrieve the Reservation deposit refund check from the church office or the check is sent by the US Postal Service and the check is returned by the US Postal Service as ‘undeliverable’ for whatever reason within 90 days of the scheduled event, the Security deposit shall be automatically forfeited without right to further recourse and shall be considered a donation to the operating expenses of the church. An administrative fee is charged to mail a refund or deposit check.
Additional Services and Equipment
Additional services or equipment rented through Owner are subject to the ‘terms and conditions of rental’ of the appropriate Tenant or company providing such service or equipment. Copies of the additional agreements shall be attached to this Agreement and as such become part of this Agreement as an addendum with full force and effect. In the event of any conflict of terminology between the Owner Agreement and that of any other Tenant, organization or group rental agreements, the most restrictive clause of whichever agreement shall take precedence. A Catering Deposit is held in case of event cancellation. The Deposit may also be used to offset all or partial cost of additional plates served up to the amount held or for damage to property. Additional per plate payment required at time of event if per plate requirement exceeds the prepayment amount. Food service may be withheld until full payment is made.
Use of Other Services and Equipment
Jumpers, additional tables and chairs must be rented through Owner. The Tenant shall inform all outside service entities including caterers, DJ’s, musical groups and performers and others that they shall comply with Owner Rules and Regulation while upon Owner property. Tenant accepts full responsibility for said compliance and assumes full financial and legal responsibility for said entities failure and/or refusal to comply with Owner rules and responsibilities. A Representative of Owner or the contracted Security Officer may at his/her sole discretion determine that a safety risk exists and prohibit the use of any or all equipment brought onto Owner property.
EVENT DEPOSIT NOT RETURNED IF EVENT CANCELLED. TENANT SHALL BE LIABLE TO OWNER FOR ANY AND ALL LEGAL FEES, COURT COSTS, AND OTHER EXPENSES ASSOCIATED WITH COLLECTION AND ENFORCEMENT OF THIS AGREEMENT.
Insurance Requirements
Owner may require in certain instances a Certificate of Insurance from any outside Tenant or Tenant utilizing the Church’s facilities and grounds prior to reserving the church’s facilities, as follows:
General Liability Insurance – Either Commercial General Liability or Event General Liability coverage evidencing the following:
Additional Insured – Any outside Tenant utilizing the church’s facilities and grounds must name the church as an Additional Insured on each policy/certificate of insurance.
Insurance Coverage Approval – Upon receipt of an insurance certificate evidencing coverage for the outside Tenant or Tenant, the certificate can be emailed to the church for review and approval. The Facilities Use Agreement will not take effect without prior Approval of the Insurance Certificate even if deposits and payment are paid in advance.
The email address is john@gracechurchevergreen.com. If there are any questions concerning the insurance requirements, direct the questions to the Office Administrator at 408-274 -1200.
Tenant will be liable for any physical damages, legal actions, and/or loss of reputation or business opportunities that Owner may incur as a consequence of the actions of Tenant or any of Tenant’s guests while Tenant is in control of the venue, and shall indemnify and hold harmless the Owner against any and all legal actions which may arise from Tenant’s use of the venue. Regardless of whether Owner initiates litigation or litigation is brought by either party to interpret or enforce this Agreement, Owner in any collection action and litigation shall be entitled to an award of all attorneys fees, court costs, and litigation expenses at both the trial and appellate levels.
Inability To Perform
This Agreement and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in no wise be affected, impaired or excused because Owner is unable to fulfill any of its obligations under this Agreement or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Owner is prevented or delayed from so doing by reason of an Act of God, insolvency, strike or labor troubles, illness or any cause whatsoever. Owner shall refund to Tenant the portion of the funds for services not received and a full refund if the Owner determines it is necessary to cancel the use of the venue for said Event.
Waiver of Liability & Assumption of Risk
By signing this Agreement, the Tenant, Tenant freely accept and fully assume responsibility for all damages and risks and the possibility of personal injury, death, property damage or loss resulting therefrom.
In consideration of utilizing the church grounds and facilities, the Tenant, Tenant agree as follows:
(1) To waive any and all claims for personal injury including death, illness, property damage, and negligence that the Tenant or Tenant may have against the church, their directors, officers, agents, employees and entities acting in concert with the church and any all volunteers in any way associated with the church.
(2) To release the Church from any and all liability for any loss, damage, injury, death, medical or other expenses that the Tenant or Tenant may suffer or that any other party may suffer as a result of their use of church’s facilities due to any cause whatsoever
(3) To hold harmless and indemnify the church from any and all loss, damages, costs, expenses, claims, liability and obligation for any property damage or personal injury to any third party resulting from any use of the church’s facilities including but not limited to attorney fees and costs.
(4) This release of liability shall be effective and binding upon the entities, groups and programs next of kin, executors, administrators, successors, and assigns in the event of personal injury including death, illness and or property damage.
(5) The Tenant additionally agrees to follow correct safety procedures when using the church facilities.
(6) The Tenant or Tenant Representative certifies that members are covered by their own medical insurance, and that the Tenant or Tenant representatives have read and understand this Release of Liability prior to signing it, and are aware that by signing this release of Liability they are waiving certain legal rights which they or their heirs, next of kin, executors, administrators, successors, and assigns may have against the church.
The church shall have the right to impose any additional conditions which, in the opinion of the church, will further the intent and legal rights and waivers provided herein.
If any of the provisions 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 or judicial authority 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 but only to the minimal extent required to make the provision valid and enforceable.
The following rules shall be followed by all entities which produce sound and video. Failure to comply may result in expulsion from the property and exclusion from any future contracting possibility.
NO PINS NOR TAPE ON WALLS. NO CEILING TILE HANGINGS.
NO FOG OR SMOKE MACHINES IN THE HALL.
SECURITY DEPOSIT WILL BE USED TO REPAIR HALL DAMAGES, AS REQUIRED.
NO USE ALFIRELES. NO USE TAPE EN LAS PARED ES. NO PUEDE COLGAR NADA EN EL TECHO.
NO USAR MAQUINAS DE NEBLINA O DE HUMO
LOS CARGOS SIGUIENTES SE DEDUCIRAN DE SU DEPOSITO DE SEGURIDAD PARA REPARAR TODOS LOS DAÑOS, QUE SE REQUIERA.
Minimum charges
Cobros minimos
IN ORDER TO COMPLY WITH STATE BILL 1383 AND REDUCE TRASH ALL CATERERS ARE REQUIRED TO USE NON DISPOSABLE PLATES, KNIVES AND FORKS
ALL KITCHEN WASTE MUST BE TIGHTLY SEALED AND PLACED IN THE DUMPSTER
HELP US COMPLY WITH CITY OF SAN JOSE RECYCLING RULES AND KEEP GRACE HALL LOOKING GREAT!
PARA CUMPLIR A LAS REGLAS DEL ESTADO (SB 1383) Y REDUCIR BASURA TODOS LOS CATERERS HAN DE USAR PLATOS Y CUBIERTOS NO DESECHABLES
TODO EL DESHECHO DE LA COCINA EN BOLSAS SELLADAS SE DEBERA PONER EN EL CONTENEDOR DE BASURA
USO DE PLATOS DE CHINA ES REQUISITO
Caterers are REQUIRED to use non disposable plates (“China”), knife & fork
for all events.
Please ensure that your guests treat Grace property as well, if not better than your home.
Deposit forfeited if trash is spread across the property.
RESERVATION DEPOSIT NOT RETURNED IF EVENT CANCELED.
A Deposit of $500 for (except in the case of rental of Sanctuary only, then $100) is due at time of execution of the Use Agreement to reserve the facilities and also serves as a property security deposit (“Reservation Deposit”). If applicable, a Catering Deposit of $500 is also due at the time of execution of the Use Agreement.
Except as otherwise stated in and subject to the terms of the Use Agreement and Church policies, all or a portion of such deposits will be refunded after the event if all provisions of the Use Agreement and all applicable Church policies and rules have been complied with. Any refund shall be paid by check made payable to the Tenant and may be picked up at the Church office at a mutually agreed upon time, or on Tenant’s request, will be mailed to the address for Tenant contained in the Use Agreement; the fee for mailing the refund check is listed above.
An additional deposit of $500 (or $100 for rental of Sanctuary only) which will be applied to the sums due from Tenant, is due on or before the 30th day after the Use Agreement is signed by the Church.
There will be a return check fee of $50 each. Minimum Administration fee is $100.
NOTE: DEPOSITS WILL NOT BE REFUNDED AND ARE FORFEITED IF THE EVENT IS CANCELED OR IS NOT HELD FOR ANY REASON OTHER THAN CANCELLATION BY THE CHURCH. ALL OTHER PAYMENTS MADE PRIOR TO THE EVENT ALSO WILL NOT BE REFUNDED AND ARE FORFEITED IF THE EVENT IS CANCELED OR IS NOT HELD FOR ANY REASON AND NOTICE IS NOT PROVIDED TO CHURCH IN WRITING AT LEAST 60 DAYS PRIOR TO THE EVENT DATE.
Prices effective as of 9/15/2022
Prices subject to change without notice.