1. Asher Upstairs, LLC
Facility Booking Agreement
THIS CONTRACT for the personal services of the rental of space in Asher Upstairs, LLC. Asher-Wyoming Arts &
Cultural Event Center described below is made this day_______________, between Asher Upstairs,
LLC ,represented by the undersigned and herafter referred to as “purchaser” and
____________________________________.
Name of person(s) in charge of Event_______________________________________________________
Address______________________________________________________________________________
Phone #________________________________email_________________________________________
Date______________ Date of Event: _________________________
Time of Event: From ________ to _________ Setup time _____ Breakdown time _____
Type of Event: _____________________________________________________________
Number of guests expected: _____
Catering Services Request yes no _____________________ $______
Kitchen Facilities Request yes no _____________________ $______
Tables & Chairs yes no $______
# Tables ______________________# Chairs __________________________ $______
Wifi Request yes no
Guests under age 21 yes no
Linens yes no $______
Bar Services Request yes no _____________________
Ticket Price (if applicable): _________________________________________
Staffing Requests $______
wait staff bar backs busser’s Security Set Up/Break Down
Room Rental $_______
Deposit $_______
Total $_______
(All checks are made payable to: Asher Upstairs, LLC)
All renters will be required to obtain special event insurance, as well as liquor liability (if applicable) in amounts of not less than
$300,000 per occurrence and $600,000 aggregate. Renter will also name Asher Upstairs, LLC as additional insured on the policy
and provide a certificate of insurance to Asher Upstairs, LLC that states coverage is in force.
Applicates Signature____________________________Asher Upstairs Signature____________________________
Date______________ Date______________
2. Booking Procedures:
Perspectivetenantsmust contactAsher Upstairs,LLC to determine the availability of dates. Asher Upstairs,LLC will tentatively
reserve requested dates after completion of the rental application isobtained by Asher Upstairs,LLC. A date is not considered firm
until a signed contract and depositare received by Asher Upstairs,LLC. Asher Upstairs,LLC may deny the use of any or all of the
facility to any individual,group,organization or event that may resultin an unfair degree of competition or is not in the best interest
Asher Upstairs,LLC. If another tenant should request the dates in question or a portion thereof, the tenant will be required to
execute a contractual agreement and submitthe required deposit with 24 hours of notification or within a time as specified by the
coordinator. If the contractand depositare not received by the agreed upon date, Asher Upstairs,LLC will releasethe dates without
notice. All permit check lists mustbe completed before a contract can be executed.
Statement & Payment Policy: All charges due to Asher Upstairs,LLC are payableon demand. Any balances over 30 days will be
charged a 2% monthly financechargeuntil payment is received. Asher Upstairs,LLC will pay net proceeds due from ticket receipts
less rent and other charges in a timely manner after the conclusion of the event.
Settlement: Asher Upstairs,LLC will producea statement and settlement of all monies owed upon closingof the event. All damage
deposits will beretained by Asher Upstairs,LLC to cover any after show expenses incurred. If no additional expenses areincurred,
the Damage Depositwill be returned to the event coordinator within 5 working days by check from As her Upstairs,LLC. (All checks
are made payableto: Asher Upstairs,LLC)
Liability: The tenant shall obtain,atits own costand expense, commercial general liability insurancein the name of licensee,which
shall insureall operationsof licensee. Such insuranceshall bewritten with a limitof at least$1,000,000 per occurrence and
$2,000,000 aggregate combined singlelimitfor bodily injury,property damage liability,personal injury liability,and cover age for all
acts and/or omissions of any employees, agents, players,performers, contractors or subcontractors retained by licensee. Such
insuranceshall beendorsed to be primary to and not contributory with any coverage of licensor,property damage liability,p ersonal
injury liability,which may be applicableto the claim. Any lessee servingalcohol will also berequired to obtain Liquor Legal Liability
Insurancein the amount of $1,000,000 per occurrence$2,000,000 aggregate. The tenant shall also maintain,atits own costa nd
expense, workers compensation insurancein respectof its performers and other employees whose services arecontemplated by
the event. Certificates evidencinginsurancerequired shall beprovided to licensor notless than ten (10) days prior to the event. The
policies shall also provide,and the certificated shall so note, that the coverage may not be canceled or that a major change in
coverage may not be implemented without at leastthirty (30) days prior written notice given to licensor.
PLEASE READ THE TERMS AND CONDITIONS BEFORE SIGNING THIS AGREEMENT. Full deposit is due to confirm Booking Date.
Terms and Conditions
Asher Upstairs, LLC has made every effort to word these terms and conditions in plain English, with
clarification of various clauses where necessary. If you do not understand any part of these terms, please call us
for clarification or seek legal advice before agreeing to them.
Any booking WHETHER CONFIRMED ELECTRONICALLY OR IN WRITING will be subject to a legally
binding contract carrying the following non-negotiable terms and conditions of booking:
Booking Agreement: Upon receipt of this application Asher Upstairs, LLC will prepare an estimate for the
customer for review and approval. If the customer accepts the estimate, the customer and Asher Upstairs, LLC
will complete and sign the Asher Upstairs, LLC Facility Booking Agreement.
Deposit Requirements: A deposit is required at the time of signing the Asher Upstairs, LLC Facility Booking
Agreement, 30% of total amount is due the time of signing this agreement. This amount will be indicated on
the estimate prepared for the customer. Full payment in full is required 10 days before the event. If the event is
booked less than 30 days before the date of the event, payment in full is required at the time of signing the
Asher Upstairs, LLC Facility Booking Agreement.
3. Vendor Services:Asher Upstairs, LLC will include the costs of services to be provided by its supporting
services vendors in its estimate. For in house Food and Beverage estimate
from ______________________will be provided by ________________. If the customer chooses to obtain
services from other vendors, Asher Upstairs, LLC will include any costs associated with accommodating those
vendors, such as kitchen use, in its estimate. Any payment to vendors not included in the customer’s estimate
is the sole responsibility of the customer and the customer will indemnify Asher Upstairs, LLC.
Alcohol Policy: Asher Upstairs, LLC reserves the right to disapprove any proposed vendor of bar services in
its sole discretion. If the customer uses a vendor other than one of Asher Upstairs, LLC associated vendors,
either the customer or the vendor must provide appropriate insurance acceptable to Asher Upstairs, LLC in its
sole discretion. If appropriate insurance coverage is not obtained at least 15 days before the event, Asher
Upstairs, LLC reserves the right to obtain appropriate insurance for the event and bill the customer for the cost
of obtaining the insurance coverage plus a markup of 15% representing a reasonable fee for the processing
activities necessary to obtain the insurance coverage.
Damage Deposit: Asher Upstairs, LLC reserves the right to require an additional sum as a damage deposit.
Any damage deposit will be refundable after the event and upon settlement of all amounts owed and
satisfaction that the venue was left in good condition by the customer.
Change Orders:If the customer requests additional services or items not reflected on the estimate Asher
Upstairs, LLC and a new estimate is not prepared before the event takes place, Asher Upstairs, LLC enter will
include the costs of those services or items in the final statement delivered to the customer after the event and
the customer agrees to pay any outstanding amounts shown on the final statement 5 days prior to the event.
Definitions: This booking contract is negotiated by Asher Upstairs, LLC (the ‘agent’) between the ‘Client’ and
the Event Planner. In this respect, Asher Upstairs, LLC acts as an employment agency in issuing this contract
and cannot be held responsible for non-fulfillment of bookings or non-payment of fees.
Cancelations: Cancellation by the ‘Client’ is not allowed for any reason except circumstances covered by
‘force majeure’ (see ‘force majeure’ at the end of terms.) In the event that the ‘Client’ cancels the booking, the
‘Client’ agrees to inform Asher Upstairs, LLC immediately. Asher Upstairs, LLC agrees to inform the ‘Artist’ of
the cancellation immediately.
a) Cancellation by the ‘Client’ within 48 hours of confirmation will not carry a cancellation fee unless the event
date is within the following 14 days, in which 100% of the deposit will be forfeited.
b) Cancellation by the ‘Client’ after 48 hours of confirmation and up to 30 days from the event will result in
loss of 100% of the booking Deposit that will be payable by the ‘Client’ to.
c) Cancellation by the ‘Client’ within 31 days and up to 60 days of the event will result in loss of 50% of the
booking deposit that will be payable by the ‘Client’ to the Asher Upstairs, LLC
d) Cancellation by the ‘Client’ 61 days or longer of the event will result in loss of 35% of the booking deposit
that will be payable by the ‘Client’ to Asher Upstairs, LLC.
‘Artist’ cancellation fees should be sent to Asher Upstairs, LLC. to be forwarded on to the ‘Artist’ within 7 days
of receipt.
It is the ‘Clients’ responsibility to ensure their venue can accommodate the ‘Artist’ and nonperformance of the
‘Artist’ due to venue restrictions will place the ‘Client’ liable for cancellation fees as detailed above
Payment of Fees: The agreed booking fee is due strictly within 5 business days after deposit has been received
by the Artist or their Management. If no deposit was issued then payment is due strictly within 5 business days
4. after full payment by client has been received. All booking fees must be paid by direct deposit into our Bank of
America account listed below or cashier check or money order via over-night mail via certify mail carrier.
If any fee which the ‘Client’ is due to pay prior to the event has not been received at least 5 business days
before the event, the ‘Artist’ has the right to cancel this booking without penalty and the ‘Client’ will forfeit any
other fees paid previously, and remain liable for any cancellation fees due (see clause 5).
Complaints
If through their own fault the ‘Artist’ is unable to fulfill part of the event schedule or breaks the terms of this
contract and the ‘Client’ would like to claim a reduction on the ‘Artist’s’ fee the following must occur:
a.) A verbal complaint must be made 24hrs after the event.
b.) A written complaint should follow the verbal complaint to Asher Upstairs, LLC. No later than 30 days after
the event. Full payment will be upheld by Asher Upstairs, LLC. As agreed in the contract Asher Upstairs, LLC.
Cannot be held responsible for the actions or failures of either the ‘Client’ or ‘Artist’. We will make every effort
to settle disputes without the need for either party to take legal action against each other. Once a written
complaint has been made by the ‘Client’, Asher Upstairs, LLC. Will contact the ‘Artist’ to discuss the
complaint and request a written statement detailing their version of events. Asher Upstairs, LLC. Will act as
mediator between ‘Client’ and ‘Artist’ in order to come to an agreement over any refund or expense which may
be due. If Asher Upstairs, LLC. Cannot settle the dispute to the mutual satisfaction of both ‘Client’ and ‘Artist’,
both parties must settle the matter directly via their own legal representatives.
Any dispute between the ‘Client’ and the ‘Artist’ based on changes to the contract/performance that were
agreed by both the ‘Client’ and the ‘Artist’, but not confirmed by Asher Upstairs, LLC. in writing, must be
settled between the ‘Client’ and the ‘Artist’ directly. Asher Upstairs, LLC. Will not be able to mediate over
these changes.
Changes on the Day of the Event
When possible, changes to the contract schedule which are unavoidable on the day of the event should first be
discussed & agreed with your Asher Upstairs, LLC. Agent. Should this not be possible, changes are to be
agreed between the ‘Client’ and the ‘Artist’ prior to performance.
Any changes will be subject to these terms and conditions If changes negotiated between the ‘Client’ and the
‘Artist’ on the day of the event are agreed to incur additional costs to the ‘Client’, the ‘Artist’ accepts full
responsibility for arranging the collection of additional fees and agrees that these fees will be subject to Asher
Upstairs, LLC. Standard rate of commission. The ‘Artist’ must disclose to Asher Upstairs, LLC. Additional
monies collected within 7 days of the event and forward commission due within 7 days.
Force Majeure
In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a
properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of
Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy,
act of God), which are not attributable to any act or failure to take preventive action by the ‘Artist’ or ‘Client’,
then the ‘Artist’ or ‘Client’ may cancel this booking without penalty other than loss of booking fee.
Asher Upstairs,llc
Asher-Wyoming Arts & Cultural Event Center
Applicates Signature____________________________Asher Upstairs Signature____________________________
Date______________ Date______________