Stone Manor Facility Rental  Rental Policy ( Addendum to Contract)

License: Welcome Home RES LLC D/B/A Stone Manor Events Facility, 3113 Stone Mountain Street, Lithonia, GA  30058, Stone Manor hereby grants to Client the license and right to use certain event facilities (“Facilities”) on the date(s) and hour specified in the Contract for Service (“License Period”) for purposes of holding a private event.  The client hereby accepts this grant, subject to the following terms and conditions.  All parties acknowledge disclosure that Welcome Home RES is a licensed real estate company in the State of Georgia.

Rental: The client agrees to pay Stone Manor the license fees specified in the Contract of Services and to vacate the premises at the end of the License Period.  If Client does not vacate Facilities at the conclusion of the License Period for reasons within its control, any additional hours or fraction of hours over the specified time in the contract will result in additional charges of $250.00 per hour (all additional time shall be rounded up to the nearest hour).  Additionally, Client will be responsible to Stone Manor for all costs and damages suffered by Stone Manor or any other Client due to failure to vacate within the required time. 

Assignment and Subletting: The client may not assign the license, lease or sublet premises.

Indemnification and Hold Harmless:  Client agrees to indemnify, defend, and hold harmless Stone Manor Events Facility, its officers, directors, agents, and employees from and against any and all demands, claims, damages, to persons or property, losses, and liabilities, including reasonable attorney’s fee, arising solely out of or caused by Clients or Client’s invitees’ negligence or willful misconduct in connection with the use of Facilities.  The client assumes responsibility for any personal property loss for personal property left unattended during or after the event.

Insurances: Stone Manor will carry Commercial General Liability insurance coverage for property and damage and bodily injury to be in effect over the License Period in an amount not less than $1,000,000 per occurrence.  Stone Manor’s obligation to Client for any damage to or loss of, Clients’ property will not exceed the extent of insurance and the limits provided in the Commercial General Liability insurance policy.  The client understands that Welcome Home RES LLC D/B/A Stone Manor is a legally organized limited liability company legally authorized to enter into and perform its obligations under this agreement.  The obligations of Stone Manor are limited to the insurance and corporate assets of Welcome Home RES LLC D/B/A Stone Manor and no officer, employee, member or agent of Stone Manor, in their individual capacities, will have any personal responsibility with respect to said obligations and liabilities, or in connection with the execution and/or performance of this agreement.  This provision will survive the termination or cancellation of this agreement.

Damages:  Any damages to the premises, equipment, or fixtures caused by the Client, his/her guest or service agents will require repair or replacement.  The replacement or repair cost for damages may be taken out of Client’s security deposit and the remainder will be charged to the Client payable within five (5) days of receipt of the invoice for damages.  All unpaid invoices due to Stone Manor or its subcontractors will accrue interest at the rate of one and a half percent (1.5%) per month, but not to exceed eighteen percent (18%) per month.

Client conduct: Client’s family and guest shall not act in a disorderly, boisterous, unlawful manner and shall not disturb the rights, comforts, or convenience of other persons who reside near the premises.  Stone Manor reserves the right to eject any person or persons whose conduct it deems improper.  Stone Manor reserves the right to control the method and manner of parking spaces.  Smoking is not permitted inside the facility. Any evidence of smoking, the client will forfeit their security/damage deposit.

Food and Beverage: The client understands the Stone Manor has no liability for damages to persons or property that are related to the consumption or possession of alcohol while on Stone Manor’s premises.  All events serving alcohol are required to have a security person and a licensed bartender.

Deposit to secure event: 100% of the facility fee is due at the time of booking.  The client has three (3) days from the date of this contract to cancel without liability.   There are no refunds after the 3 day cancellation period.

Damage Deposit: A $250.00  refundable damage deposit (above the required event rental fee) is required before the event date and will be applied to charges incurred over the estimated license fee, for damages (including plumbing), or caterer not cleaning food table or prep area. The security deposit will also be forfeited if the client does not use a licensed bartender.  Alcohol is prohibited without the use of a licensed bartender.  Damage deposit, if any, will be returned within 72 hours of the conclusion of the event.

Check-In and Out:  Early check-ins are not allowed without an additional fee being paid.  Each additional hour requested is $100/hr.  We rent in whole hour increments.   It is at Stone Manor’s discretion, to make announcements to guests that the event has concluded to ensure the event ends at its contracted time  Check-out will be complete when your last guest leaves and doors are secured. 

Change of Event Date:  In order to change an event date after the execution of this contract, the Client must make such a request in writing to Stone Manor, specifying a request for a new date and time.  The new event date must be selected in five (5) days, upon receipt of cancellation notice.  A $200.00 fee will be charged for all date changes occurring more than ten (10) days after execution of the contract.  The administration fee is due at the time the date is changed. Transferred date contracts are subject to current pricing changes and date availability. 

Default by Client:  In the event of a material breach of this contract by Client, Stone Manor shall provide to Client written notice of the default, specifying the nature of the breach.  If the breach is not cured within five (5) business days after receipt of such written notice and prior to the first day of the License Period, Stone Manor may terminate this agreement without liability. In the event of the Client’s default of the contract, more the ten (10) days after execution of this agreement and Stone Manor subsequent termination of the agreement, Stone Manor will be entitled to the following damages: (a) 100% of the facility rental fee or 50% of selected package whichever is greater; (b) a $200.00 administrative fee to change all service calendars; and (c) full payment for any personalized or specialty items already ordered by Stone Manor on Client’s behalf.  The parties agree that all stipulations of default are liquidated damages and not a penalty.

Cancellation by Client:  Cancellation of contract will require a written cancellation letter, dated and signed.  If cancellation occurs within three (3) days of contract execution a full refund will be issued.  

Acts of God:  The parties to this agreement will be excused from the performance of the agreement in whole or in part because (a) performances of this agreement by either party is prevented by, war, disasters, vandalism or fire; or (b) if any portion of the Facilities is destroyed or damaged by fire or other calamities so as to prevent the use of the Facilities for the purpose specified in this agreement.  In the event of termination under the paragraph, the Client will be refunded all unearned portions of the licensee fee.  In the event that performance is excused under this paragraph, this agreement will be terminated, and each party waives any claim against the other for damages by reason of such termination.

Entire Agreement:  This agreement contains all of the terms agreed upon by the parties with respect to the Event and supersedes all prior agreements, arrangements, and communications between the parties concerning the Event, whether oral or written.  Nothing in this Agreement will be deemed to create a partnership or agency relationship between Stone Manor and Client to make either party jointly liable for any obligation arising out of the activities and services contemplated or performed by this Agreement.  This Agreement will be considered to have been prepared jointly by Stone Manor and the Client, and in any dispute in connection with this contract, it will not be construed against either party.

Cost of Enforcement: Should either party bring an action to enforce terms or declare rights under this agreement, or should any dispute be submitted for alternative dispute resolution, the prevailing party will be entitled to recover, in addition to all other relief to which it is entitled, its reasonable attorney’s fees and all costs of suit as fixed by the court or the alternative dispute resolution panel.  Should either party resort to legal action, the parties agree that the jurisdiction, venue, and choice of law will be the city of Lithonia, DeKalb County, Georgia.  If the Client should default on the payment of any monetary obligations which includes credit card disputes initiated by the client to circumvent the refund policy, Stone Manor shall be entitled to all of Stone Manor’s cost of collection, including attorney fees and any balance owed.

Method of Delivery of Notice. Subject to limitations and conditions set forth herein, notices may only be delivered: (1) in person;(2) by an overnight delivery service, prepaid; (3) by facsimile transmission (FAX); (4) by registered or certified U. S. mail, prepaid, return receipt requested; or (5) by e-mail.

Rights of Subordination: The client’s rights hereunder are subject and subordinate to any deed to secure debt or other security instruments now hereafter placed on the premises.

Photo Release: The client grants Stone Manor permission to use the likeness of the client and/or guests in photographs in any and all of its publications and promotional materials including website, marketing collateral, social media without payment or any other consideration. In addition, the Client waives the right to inspect or approve the finished product.  Photos to be used for facility promotional purposes only.