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Purpose of the Agreement

Client wishes to hire Provide  to provide services relating to Client’s  as detailed in this Agreement. Provider has agreed to provide such services according to the terms of this Agreement.

Terms

 

Services

Provider shall provide Client with the following services and/or products ("Services"):

 

Location and Delivery of Services

Location. Provider shall deliver Services to Client at the following location(s):

 

 

 

Delivery of Services. Provider will provide all Services by unless otherwise specified in this Agreement.  When the provided Services are tied to the number of guests that Client expects to attend Client's wedding or other event, Client agrees to notify Provider with an accurate guest count.

 

Cost, Fees and Payment

Cost. The total cost ("Total Cost") for all Services is  due in full by . Client shall pay the Total Cost to Provider as follows: 

The first payment of $750 is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients. The second  payment of $750 is a non-refundable good faith payment confirming you are moving forward with your agreement.  The parties agree that the rental charge for the use of the barn and access to the outside grounds. This amount includes a $500.00 refundable security deposit; this deposit shall be returned upon proper clean-up of the facility and grounds as well as the upholding of all rules and regulations. If applicable the $500 refundable security deposit will be refunded via check within 7 days after the event date of 

 

1. The parties further agree that this sum will include the following: 

A. Rental of the outside facility per the attached barn rental rules.

B. Full service restroom facilities

C. Seating for 250 (32 - 60” round tables and 10 - 8 ft rectangular tables) 

D. Designated rooms within the farm house for the bride and bridesmaids to dress for the event. One room within the small barn for the groom and groomsmen. All items need to be removed from the dude cave before the reception. You will have access to the farm house restroom throughout the evening. There is no smoking in the dressing area or around the house nor any other guests permitted in the farm house or dude cave at any time. Vendors hired by the client are permitted in both dressing areas. 

E. A 1 hour rehearsal walkthrough the Thursday or Friday (depending upon availability)  before your event. 

F. Parking at the direction of The Buckeye Barn Staff.

G. Professional licensed and insured catering services must be used for your event if you are hiring a catering firm.  If you decide to prepare and serve your own food to your guests you must do so in compliance with the Public Health Department of Ohio and Miami County. You cannot cook or prepare food at the venue premises. Chafer fuels and bunsen burners are strictly prohibited in alignment with the venues no open flame policies.

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Provider exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts:

1. In photos on Client’s personal social media pages or profiles; or

2. In personal creations, such as a scrapbook or personal gift; or

3. In personal communications, such as a family newsletter or email or holiday card.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider  provides to Client.

Cancellation, Rescheduling and No-Shows

No money shall be refunded after the contract has been signed.  If for any reason the purchaser needs to cancel their event they must do so in writing before contracted event date.  All money paid to The Buckeye Barn Venue Inc are non-refundable.  You cannot cancel ordered add-on services and/or rented items within 30 days of your event date as those orders are considered final. Upon availability the client may add additional services within the 30 days prior to their event date. Those services/items would be required to be paid in full at the time of the order. 

CHARGEBACKS: The purchaser agrees not to claim any chargebacks or credits from their credit card issuer for any fees charged to their credit card(s), including but not limited to deposits, final payments, onsite add-ons, taxes or any additional fees for lost, stolen or damaged items. 

Date Changes: In the event the client(s) are forced to change the date of the event or Wedding, every effort will be made by The Buckeye Barn to transfer reservations to support the new date. The client(s) agree that in the event of a date change, any expenses including but not limited to deposits and fees that are non­-refundable and non­-transferable are their sole responsibility.

Impossibility

Force Majeure. 
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

 

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

Unforeseen Events: The client(s) cannot hold The Buckeye Barn responsible for the failure to provide the basic facilities and services due to emergencies, catastrophes or interruptions of utilities. In the case of a mandatory evacuation due to a state of emergency, The Buckeye Barn will allow you to reschedule if possible. If an Act of God were to occur preventing the event from taking place as scheduled, The Buckeye Barn will allow for the event to be rescheduled, pending availability, with no penalty. Last minute cancellations of the outdoor site due to inclement weather will not be considered for refunds.

 

 

Appropriate Conduct/ Safe Working Environment:

Project. 

The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Provider] will immediately leave the event. If the [Provider] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work, and the Client(s) shall be responsible for payment in full. 

Non Project.

The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Provider] staff, [Provider] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Provider] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Provider] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Provider’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Provider] resumes work detailed in this Agreement.

Health & Safety.

Client(s) further understand that [Provider] complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the [Provider] to do anything illegal or unsafe. Further, [Provider] will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, [Provider] reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. [Provider] shall be entitled to retain all monies paid and Client(s) agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work.

Firearms | Weapons | Drug Policy: No firearms, weapons, stun guns, fireworks, illegal drugs, or any other illegal/illicit item(s)/substance(s) can be discharged, entered, used/consumed, or dispensed anywhere on the property of The Buckeye Barn. Client agrees to hold The Buckeye Barn and its agents/employees harmless in the event there is an incident resulting from any of the aforementioned items in this section.

 

Venue Rules

 

Hours: Rental of the outside facility is from 9:00 am until midnight. All music and alcohol must end by 11:00pm. All persons, decorations, vehicles and venue clean-up must be completed and off property by midnight. An additional charge of $150.00 per half hour shall apply after midnight. Rehearsals and wedding day start & end times must be followed or the client will be charged pro-rated at $200 hourly. We kindly ask that all parties respect the property driveway by not blocking it and arrival only within the 10 minute grace period. 

Dressing Area: The Buckeye Barn provides the bridal suite and dude cave for the bride, her bridesmaids, groom, his groomsmen, and bride and groom parents to dress which will be available at 9:00 am on the day of the event. All items and trash are to be removed from the dude cave before the reception. The bridal party and the parents of the bride and groom will has access to the rooms throughout the evening. Vendors hired by the client are permitted in both dressing areas.  Dressing rooms are not open to the guests of the wedding or wedding reception. There is no smoking permitted in the dressing area or barn and only in the designated smoking areas. No pets are allowed in the bridal suite or dude cave. 

Parking & Vehicles: All vehicles must be removed from property by 12:00am via contract end time. Any vehicles left on property past 12:00am will be towed at client's expense. There are absolutely no vehicles allowed to be driven inside the barn for unloading or for any other purposes.

Decorations: Any existing decorations are to remain in the barn unless given prior approval. If removed, you will be responsible for the replacement, cost, and installation of identical items. There are to be no electrical devices, decorations, or lighting to be added or used unless given prior approval. Tacks and tape are acceptable for decorating in the barn area. No screws, nails, or staples are allowed in the barn for decorating or on the wood arbor in the ceremony area. The wine barrels are ONLY to be moved by Buckeye Barn employees. If there is damage to the floors due to failure to comply there will be a loss of your security deposit. 

Prohibited Items: Glitter, Confetti, Outside synthetic flower petals, Staples, Nails, Screws or Flames of any kind. 

Smoking: The Buckeye Barn is a non-smoking venue. Smoking is permitted only in the designated area. The designated area will be labeled on the property. Receptacles are provided to properly dispose of cigarette butts. Excessive clean up of cigarette butts will result in the loss of security deposit and/or a charge of $2.00 per butt picked up by Buckeye Barn Staff. 

Clean up: Tables and chairs with food or beverage should be wiped clean. Chairs and tables are to remain up. Clean-up must be completed by contract end time of 12:00am including the removal of all rented items, guests, and client's property. All vehicles must be off property by 12:00am or they will be towed at client and owner's expense.

Garbage:  The Buckeye Barn Venue will periodically check the trash receptacles throughout the event and take any filled bags to the on-site dumpster if required at the staff's discretion.  At the end of the event the client is responsible to place all garbage, paper products, trash, and food in the proper receptacles and relocate all trash receptacles to the west lower outside door located by the bar.   If the client fails to meet the garbage polices it will result in the loss of the wedding party’s security deposit. The amount charged will be at the discretion of the venue depending upon the condition  of the property during the duration of the event and end of the contracted times.

Children: We welcome children at your wedding; however, we are not responsible for them. Children must be supervised by an adult. There is to be NO throwing of ANYTHING into the pond, running through the property, or the barn. The wedding party will be responsible for any damages. If these policies are neglected after announcements are made the security deposit will not be returned and  the event has potential to be ended by management.

Pets: We do not allow pets at any time on property unless prior permissions is given by The Buckeye Barn staff. Service animals are permitted. At no time will animals other than service animals be permitted in the bridal suite or dude cave. 

Alcohol: Events serving alcoholic beverages are require to use in-house Buckeye Bartenders service.  No alcohol will be served to anyone under the legal drinking age or anyone who is visibly intoxicated. At no time are guests allowed to consume or drink their own alcohol on the property. All alcohol must be purchased by clients and all alcoholic beverages must be served by pre-hired Buckeye Barn Bartenders.Any guests or client consuming or serving alcohol without bartenders will be neglecting venue policies and state law and will be removed from the property immediately.  No drinking games are allowed on property. We reserve the right to limit or refuse service to guests at any time. When being served at the bar each guest are only allowed to order one drink at a time, no shots or shot gunning drinks are allowed.  While guests are on property Buckeye Barn Bartenders must be on property at all times while alcohol is present. It is required that bartenders are present at the bar when guests arrive on property if they are serving beverages or not. Alcohol service ends no later than 11:00 pm.

Bar Service: Your billed guest count is based on how many chairs that are set out in the venue. When the order is placed you will be asked for your guest count for the billing.  Clients cannot make changes to any bar services ordered within 30 days prior to the event.  If on the day of your event there are more chairs than the guest count provided the difference is required to be paid immediately. Bar services will cease until fees are paid in full. Clients are required to start all bar services upon guests arrival time and/or at least 30 minutes before ceremony start time. This is required even if beverages are not being served till after the ceremony. All monies transfer for this service are used to purchase beverages on the contracted clients behalf and any additional monies remaining are considered as a service fee. 

Rehearsal Walkthroughs: Within your rental fee you are allotted 1 hour for a rehearsal walkthrough.  All policies apply during rehearsal walkthroughs. No alcohol is permitted during rehearsal walkthroughs. 

Venue Capacity: The venue holds up to 275 guests. For any parties having more than 250 guests there is an additional fee of $300.  The Buckeye Barn Venue Inc. holds the right to dissolve the contract and/or event if client(s) neglects the venue occupancy permit given by the fire marshal and county offices. In addition, the security deposit will be forfeited and $1000 fee will be rendered if the guest count exceeds 275 guests.

Heater Rentals: The Buckeye Barn has heaters that heat the barn in the cooler months. We require the barn to be at least 60 degrees for your guests. When renting heaters you are required to rent them for either 6, 9 or 12 hours. (6  hours is $800 | 9 hours is $1000  | 12 hours is $1200. If no heaters are used during your event you will be refunded funds paid minus any processing fees if you paid with a credit card and a $50 propane delivery/set-up fee. Please note: The house has the authority to enforce heater rentals to achieve the required temperature

Bands: If you are considering a band they must be approved by The Buckeye Barn Venue before they can be contracted to perform. If they are approved they must use their own equipment and would not have access to the house sound system.

Fire Pit: The Buckeye Barn Venue holds the discretion to not allow the fire pit to be used in inclement weather conditions such as wind and/or rain.  In addition, if The Buckeye Barn Venue feels the fire pit area is being used in an unsafe way, they have the right to extinguish the fire and close the fire pit area. The Buckeye Barn will provide the wood for the requested  times by client and will ensure the fire is maintained. The Buckeye Barn Venue will not be responsible for watching guests or children around the fire features during the requested time they are in use.

Table Clothes: All tables excluding the wine barrel table tops and wood buffet tables must be covered at all times.  

Layouts: The Buckeye Barn will assist in setting your tables, chairs, barrels, benches, and wood buffet tables prior to your arrival to the venue if a layout is fully completed and submitted at or before the pre-event meeting. If a Plan B layout is requested to be implemented it must be done so 24 hours before your contracted event date and arrival time. The Buckeye Barn will not be responsible for the moving of the items listed above if the request is after the 24 hours before your contracted event date and arrival time policy. 

 

General Provisions

Governing Law. The laws of  govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

1. Email

   1. Provider's Email: 

   2. Client Email: 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the  and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.