1. CONFIRMATION, CONTRACT & PAYMENT TERMS: The event is confirmed once Owner (Union Square Play) receives a signed agreement, credit card number on file, and payment is processed. Full payment is required at the time of booking an event. See Clause 9 (Cancellation Policy) for reservation cancellation policies. Owner accepts checks, American Express, Visa, MasterCard, Discover, and cash for payment. Owner does not invoice for any events unless mutually agreed upon prior to contract signing between Client and Owner. Applicable eight and 875/1000 percent (8.875%) New York State Sales Tax and ten percent (10%) Administrative Fee will be added to all bookings. If Client is tax-exempt, Owner requires the appropriate forms as proof of tax exemption, which are to be submitted at the time of contract signing. In the event Owner does not receive tax exemption forms from the Client prior to the event, appropriate federal, state, and municipal taxes will be charged where applicable and not refunded.

2. ADMINISTRATIVE FEE: As stated above, all events are subject to a ten percent (10%) Administrative Fee. Administrative Fees are based on the total event cost including but not limited to space rental, activities, food, beverage, labor,, and any necessary additional services, rentals, and permits. The Administrative Fee is not a gratuity and serves to offset additional expenses associated with the coordination and execution of an event. Administrative Fees are subject to eight and 875/1000 percent (8.875%) New York State Sales Tax.

3. GUARANTEES: Final guaranteed guest counts are due three (3) business days in advance of the event date. This is considered guaranteed attendance and is not subject to reduction. Any increase in the number of guests after three (3) business days is subject to Owner’s written approval and Owner reserves the right, in its sole and absolute discretion, to limit attendance to final guaranteed guest count. Final activity, add-on, and menu selections are due seven (7) business days prior to the event date. Food and beverage prices and availability as stated are subject to market availability.

4. OUTSIDE FOOD AND DRINK: Outside food or beverages may be brought onto Owner’s Property. However, alcohol is not permitted in the Property without Client contracting an outside licensed caterer.

5. DÉCOR/OUTSIDE VENDORS: The moving of any furniture, use of decoration, equipment, and/or other services are subject to Owner’s prior written approval in each instance. Any approved decoration must be removable, non-marking, and non-invasive. Client may not make any changes to Property’s structure, floor, fixtures, furniture, equipment, paint, wiring, or lighting. Client shall be responsible for all costs associated with any damage to the Property. At its sole cost and expense, Client may hire and bring outside vendor(s) (each, a “Vendor”) approved by Owner (upon receipt of a Certificate of Insurance (COI) (see Clause 13 (Insurance)) onto the Property to provide any such approved decorations, equipment, and/or services in connection with the event. Access to Property by Client and/or any Vendor prior to an/or after the event must be coordinated with Owner. Client’s use of any outside Vendors may be subject to additional fees and charges.

6. BEVERAGE SERVICES: Alcohol is not permitted on the premises without contracting an outside caterer approved by Owner. Serving wine, beer, or liquor requires a permit from the State Liquor Authority. Please note that this can take up to 15 days to apply for and acquire, which you can do through an outside caterer. No one under 21 years of age will be served alcoholic beverages. Proof of age is required.

7. CONDUCT: There is absolutely no drug use or smoking of any kind tolerated on premises or within 25 feet of the building including loitering or congregating outside on the sidewalk at any time during the event. Disparaging remarks or any type of physical violence will not be tolerated and will be cause for immediate expulsion. Client and guests shall use the premises in a considerate manner at all times. Conduct deemed disorderly at the sole discretion of Owner or its staff shall be grounds for immediate expulsion from the Property and conclusion of the event. In such cases no refund of any fees or charges shall be made.

8. OVERTIME FEES: Total party time is 90 minutes plus 30 minutes of setup time. Any extension beyond the contracted event time, either for additional setup or party time, is subject to Owner’s written approval and a two hundred and fifty dollar ($250) per half-hour extension fee. Extension fees are exclusive of additional food, beverage, tax, administrative fee, and labor charges. Additional extension fees may apply from an outside Vendor’s agreement.

9. CANCELLATION POLICY: If an event is canceled more than fourteen (14) days prior to the booking, you will have the option to apply one-hundred percent (100%) of the charge to another booking within six (6) months of the original event date. If you do not reschedule the event to occur within six (6) months of the original event date, USP will retain the full amount. If an event is canceled less than fourteen (14) days prior to the contracted event date, USP will retain fifty percent (50%) of the charged amount; it will not be applied to future events. If an event is canceled up to three (3) business days prior to the booking, USP will retain 100% of the full estimated contract amount, including but not limited to food, beverage, additional services and rentals, tax, labor, and administrative fees.

10. WAIVER: Owner requires a waiver to be completed for all children participating in an event. Upon confirmation of the event, a waiver will be sent to the Client to distribute to their guests. It will also be available on the day of the event for guests to complete if they have not done so in advance. No child is allowed to participate in the event without a parent or guardian completing the waiver on their behalf.

11. FORCE MAJEURE: If either party cancels the event for reasons beyond its control resulting from “Acts of God” (including fire, flood, earthquake, hurricane or other natural disaster; pandemic; strike or other labor disputes; acts of terrorism; interruption or failure of electricity; or other conditions that make it impossible, illegal, or dangerous to the hold the event) the Client will have the option to reschedule the event for another date mutually agreed upon by both parties, and the Client will be able to apply monies paid towards the rebooking, less any expenses incurred by the venue in preparing for the event; or, in the event that a date is not mutually agreed upon by the parties, the Client will be refunded all monies paid without penalty, less any expenses incurred by the venue in preparing for the event. The venue will not be held liable for any outside expenses previously paid or future expenses resulting from said “Acts of God.”

12. MEMBER’S PROPERTY: Any personal property of the Client or Client’s Guests or Invitees brought onto venue and left thereafter, either prior to or after the event, will be at risk to the member. Owner is not responsible for any loss or damage to Client’s Property for any reason. Client acknowledges that Owner does not maintain insurance covering Client’s Property and that it is the sole responsibility of the Client to obtain property damage and liability insurance covering such losses if the member deems it necessary.

13. DELIVERIES & STORAGE: Owner may accept deliveries on the day of or days prior to the day of the event, subject to written request, timing, and space availability. Owner assumes no liability for any delivered items; Owner is not responsible for storing any equipment, gifts, or products left by Client or guests in conjunction with an event.

14. INSURANCE: Owner does not employ or insure any Vendor. All Vendors supplies, services, or materials on the Property must provide a COI that includes coverage of $1,000,000 per occurrence and $2,000,000 in aggregate, naming GRRLL LLL and USP E 11th Street LLC as additional insured for the event date; insurance must include liability insurance, workers compensation (as well as liquor law liability, as applicable.) Licensee shall provide Owner with certificates of insurance evidencing the foregoing at least five (5) business days prior to the Event.

15. LIMITATION OF LIABILITY: Owner shall not be liable or responsible in any way for any loss, claim or damage (collectively, "Claims"), including without limitation, compensatory, equitable, consequential or punitive damages, relating in any way to (a) the unavailability of Property for the Event during the contracted time period or cancellation of the Event, due to an event or occurrence outside of Owner's reasonable control; (b) any breach of this Agreement by Client; (c) any personal property of Client, any Vendor, any of their respective guests, attendees, invitees, employees and/or agents (collectively, the "Client Parties"); (d) conditions on the Property; and/or (e) safety or suitability of any Vendor supplied decorations, equipment and/or services. Client shall be fully liable and responsible for all Claims that arise out of or relate in any way to the Event, or the acts, omissions and/or negligence of Client and/or any Client Party, and Client further assumes all risks for each Client Party in connection with (i) any possible defect in the condition of the Property; and (ii) the safety or suitability of any decoration, equipment and/or service located or provided thereon. Client agrees to pay all expenses incurred for all arrangements made by Owner on behalf of Client. Owner is not responsible for Client’s disapproval with any equipment or services provided by outside Vendors.

16. INDEMNITY: Client shall indemnify, defend and hold harmless Owner, its members, agents, employees , successors and assigns from and against any loss, claim, demand, action, liability, cost, or expense (including without limitation, attorneys' fees) based upon, involving, or arising out of (a) Client and/or any Client party's use of the Property, including, without limitation, all furniture, equipment, décor and other personal Property located thereon, and damage thereto; (b) the acts, omissions, and/or negligence of Client and/or any Client party; (c) Client breach of this Agreement; and/or (d) the event, except for any loss, claim, demand, action, liability, cost or expense to the extent arising out of the gross negligence or willful misconduct of any Owner party. In the event Owner and/or the Property’s landlord, building owners, officers, employees and/or agents, are required to file any action in court in order to enforce any provisions of this Agreement, Client agrees to pay Owner, its officers, landlord, building owners, employees and/or agents, all reasonable attorney fees, court fees, and costs of suit incurred by any such parties, including all collection expenses and interest due.

17. CONDITION OF PREMISES: The Property is provided for Client’s use hereunder "as is" and Owner makes no representation or warranty regarding the fitness or suitability of the Property for any purpose. Client agrees to use reasonable care to prevent damage to the Property. Client agrees to leave the Property in substantially as good condition and order as when received, except for reasonable wear and tear of the Property for the purposes permitted herein, and to use reasonable care to prevent damage to the Property by Client and/or any Client Party.

18. CONFIDENTIALITY/PUBLICITY: Client will not directly or indirectly disclose, furnish or otherwise make available to any party or utilize for Client’s own benefit any information related to the Property, Owner, Owner's business and/or any Owner Parties. Notwithstanding the foregoing, Client may make incidental, non-derogatory, truthful references to the Property and Event, including, without limitation, posting reviews of the Event on any internet enabled publishing platform such as Facebook, Twitter, Instagram, and Snapchat, as long as such references do not reveal any non-public information or terms of this Agreement. Owner’s prior written approval shall be required for any use of the Union Square Play logo for any promotional materials. Owner shall have the perpetual right to use any videos, photographs and/or descriptions of Client’s event on its website and promotional materials.

19. REMEDIES: In the event of a breach by Client of any term, covenant, representation, warranty or condition of this Agreement, Owner shall have all rights and remedies available at law or in equity, including without limitation (a) the right to prevent and/or halt the event and/or use of the Property by Client; and (b) the right to cancel or terminate this Agreement, retain all fees and other sums paid pursuant to this Agreement and to recover from Client all unpaid fees and expenses.

20. OTHER RULES & REGULATIONS:
a. Client must take appropriate precautions to protect guests and others present at the Property as well as their property and other personal effects. No bailment is to be implied or created. All personal items left will be the responsibility of Client and not Owner.
b. All music, if any, must be played using Owner’s equipment unless otherwise agreed upon by the Owner, and must be kept to an acceptable level (as determined by Owner in its sole discretion) at all times.
c. Notwithstanding anything herein to the contrary, Client acknowledges and agrees that the permission granted to use the Property for the Event is subject to governmental rules, laws, and/or regulations ("Ordinances"), including, without limitation, local ordinances regarding noise levels and permissible activities on the premises. In the event that any Ordinance conflicts with any of the rights granted herein, such Ordinance shall control and Owner shall have no liability for any loss associated with such Ordinance.
d. Miscellaneous. Each party executing this Agreement hereby warrants and represents that such party has full power and authority to enter into this Agreement and perform the obligations contained herein. This Agreement is not meant to be a lease or grant an interest in real Property and does not constitute the basis for any statutory or common law lien upon any real Property. This Agreement shall be construed, interpreted and governed by the laws of the State of New York applicable to agreements entirely made and performed therein. This Agreement is the entire agreement between the parties with respect to the subject matter hereof, and it supersedes all previous agreements, either oral or written, regarding the subject matter hereof, and may not be modified except in a writing signed by both parties. This Agreement may be executed in any number of counterparts. All such counterparts, including any fax, electronic or PDF copies thereof, will be considered originals and shall together constitute one and the same legal instrument.

By e-signing the agreement provided, Client acknowledges and agrees to the above statements.