TERMS & CONDITIONS

By using this form you agree to the following as a legally binding contract:

It is agreed between The Noble Ninth Inc., hereinafter referred to as PROPERTY OWNER/LANDLORD and yourself or organization, hereinafter referred to as RENTOR, that the PROPERTY OWNER/LANDLORD, shall allow the RENTOR access and use of the FACILITY as conditioned and described below, subject to all the policies and procedures as described in “Use Form” annexed hereto as Exhibit “A” of PROPERTY OWNER/LANDLORD, in consideration of $ 1000 per day for three days and $3 per-person through the gate. Your deposit(s) will be returned if you cannot obtain the proper permits.

Upon submitting the application and payment, you will receive a copy of the contract and your event will be booked pending any local or state ordinance fulfillment by the Rentor.

PROPERTY OWNER/LANDLORD is not responsible to provide any special equipment or personnel unless the same has been specifically agreed to by the PROPERTY OWNER/LANDLORD and the RENTOR, and the specific related terms for the special equipment or personnel.

NO OTHER PROMISES OR WARRANTIES

RENTOR understands that no promises are made otherwise than what is contained in this agreement and “USE FORM” Exhibit “A”, that no warranties have been made that the FACILITY will be adequate for RENTOR’s planned use, and that RENTOR accepts the FACILITY in an AS IS condition.

RENTOR has inspected the facility to be used and has independently determined that it is suitable and safe for their purpose.

INSURANCE – RENTOR SHALL PROVIDE “The Noble Ninth Inc.”, within the limits of liability described below UNLESS previously discussed and agreed to in writing between The Noble Ninth Inc. and RENTOR prior to the execution of this contract.

LIABILITY INSURANCE
RENTOR at its sole cost and expense shall maintain and provide the Property OWNER/LANDLORD during the DATE(S) OF USE of this agreement public liability insurance insuring against ALL liability of RENTOR, PROPERTY OWNER/LANDLORD, and their authorized representatives arising out of and in connection with RENTOR’S use of the FACILITY, with a single liability limit of $1million per person/$2 million dollars per occurrence:

It is the intention of both RENTOR and PROPERTY OWNER/LANDLORD that both the public liability and property damage insurance shall insure performance by RENTOR of the express indemnity provision contained below. However, the limits of such insurance shall not limit the liability of RENTOR hereunder.

PROPERTY OWNER/LANDLORD shall be named as an additional named insured on the insurance policy purchased by RENTOR, which is the subject of this agreement. OR

RENTOR agrees to provide PROPERTY OWNER/LANDLORD with a copy of the certificate of insurance as evidence that RENTOR has complied with the insurance requirement of this agreement.

EXPRESSED INDEMNITY PROVISION:

RENTOR (must initial) agrees to save, indemnify, and keep harmless PROPERTY OWNER/LANDLORD against any and all liability, claims, judgments, or demands, including demands arising from injuries or death of persons (RENTOR’S employees included) and damage to property in which PROPERTY OWNER/LANDLORD shall be named a defendant and which involves claims arising directly or indirectly from, as a result of, or in connection with RENTOR’S use of the premises. It is the intention of the parties that the indemnity provided by this agreement provides for indemnity to the PROPERTY OWNER/LANDLORD for the PROPERTY OWNER/LANDLORD’s own acts of passive negligence that solely or contributorily cause liability to the PROPERTY OWNER/LANDLORD, but RENTOR is not indemnifying the PROPERTY OWNER/LANDLORD for the PROPERTY OWNER/LANDLORD’s own acts of active negligence that solely or contributorily cause liability to the PROPERTY OWNER/LANDLORD. It is the intention of the parties that the indemnity provided for by this agreement provides for indemnity to the fullest extent provided for by law.

The applicant in this form has been given authority to act for and be responsible for the RENTOR making this application. RENTOR will see that the FACILITY is not misused or abused (see Addendum), that there is proper adult supervision at all times, that the FACILITY is used in conformity with all policies and regulations of the PROPERTY OWNER/LANDLORD, and that all other terms of this BUILDING/GROUNDS/FACILITY USE AGREEMENT are adhered to and followed.

The applicant understands and agrees that this BUILDING/GROUNDS/FACILITY USE AGREEMENT does not establish an employer-employee relationship between RENTOR and PROPERTY OWNER/LANDLORD, that the event is neither a conducted event nor a sponsored event of PROPERTY OWNER/LANDLORD. In addition, it is understood that PROPERTY OWNER/LANDLORD will not exercise any physical or other control over the operation of the event other than those already spelled out in this BUILDING/FACILITY USE AGREEMENT and addendum where applicable. In addition, RENTOR understands that PROPERTY OWNER/LANDLORD is not providing any supervision by this agreement. THE RENTOR WILL COMPLY WITH ALL STIPULATION on contract, exhibits and addendums.