LOWDOWN BALLROOM LLC
Rental Agreement / Terms & Conditions
This contract serves as a legal agreement between LOWDOWN BALLROOM LLC (hereafter referred to as “LOWDOWN”) and any individual or organization renting facilities and/or services offered by LOWDOWN (hereafter referred to as “RENTER”), for the purpose of temporarily occupying the rental space located at 628 11th Ave East, Seattle, WA 98102 (hereafter referred to as “PREMISES”) which, in addition to the main assembly area, includes the attached bathroom and coatroom, as well as the exterior path leading to the building. This also serves as a legal agreement between any individual or organization utilizing the LOWDOWNBALLROOM.COM Website (hereafter referred to as “WEBSITE”) for purposes of acquiring those rentals or services.
1. Conditions of Use. All persons who enter the PREMISES will be considered the RENTER’s guests (hereafter referred to as “GUESTS”). RENTER will comply with all applicable federal, state and local laws, and agree to ensure the compliance of all GUESTS. RENTER has inspected the PREMISES and accepts it in an “as is” condition.
Any and all alterations to the PREMISES must be approved in writing by LOWDOWN and must be performed at the RENTER’s cost. RENTER shall be charged for the full cost of correcting any unauthorized alterations to the PREMISES. Windows must be closed upon exiting the PREMISES. Furniture may be moved carefully but must be returned to the original location by the end of the rental period. Electronic equipment and piano must not be moved without written permission from LOWDOWN. RENTER is responsible for thorough cleanup of messes made during the rental period, prior to exiting the PREMISES. Spills must be cleaned up immediately upon occurrence.
By using the PREMISES, WEBSITE, or any services provided by LOWDOWN, RENTER and all GUESTS agree to abide by all conditions in this Agreement.
2. Service Types and Rates. The rental services provided are stated below, along with corresponding rates:
Private/Small Group (1-5 People) $12/hr
Large Group (6+ People) $15/hr
Events $100/hr (3 hour minimum)
The above rates are subject to change by LOWDOWN at any time, although the rate will not change for a specific booking after that booking has been completed and paid for.
3. Payments, Invoices & Late Fees. Payments must be made in advance of the rental period through the WEBSITE’s booking/payment system. Reservations are confirmed only upon receipt of payments made in full, or by written arrangement with LOWDOWN. Other purchases, including merchandise and tips can be submitted in cash, by debit/credit card, or by check made out to “LOWDOWN BALLROOM LLC”. Returned checks are subject to a forty-dollar ($40) returned check fee.
In certain circumstances invoices may be generated and sent to the RENTER. Terms of all invoices are 30 days. RENTER will be charged a twenty-five dollar ($25.00) per week monthly for any late payment owed to LOWDOWN and will be barred from future rentals until the owed amount is paid in full. Accounts more than 60 days past due will be sent to a collection service.
4. Maximum Occupancy Policy. There must be no more than a maximum of fifty (50) people on the PREMISES at any time, regardless of rental service type. Number of people occupying the space should be consistent with the rental type.
5. Occupancy Period. All rental categories require a one-hour minimum, with half-hour increments available subsequently, with the exception of event bookings which require a three (3) hour minimum initially. RENTER and GUESTS must leave no later than the scheduled rental period end time. Set-up and take-down tasks are to be included in the rental period. RENTER will coordinate with LOWDOWN in advance regarding any special needs or questions. Additional time may be booked through the established WEBSITE booking method, which is only possible when no pre-existing bookings fall within the desired additional booking period. RENTER and GUESTS agree to leave the PREMISES in a quiet and orderly fashion, and to use the sound system at appropriate sound levels, as to not disturb neighboring residents.
6. Noise or Other Disturbance. Acceptable noise levels are determined by LOWDOWN, and by designated attendants, such as volunteer staff, employees, respective officers, directors, employees, agents, and their successors and anyone acting on the direct behalf of LOWDOWN management of the PREMISES (hereafter referred to as “STAFF”). Violations may result in the suspension of the RENTER’s rights to rent the PREMISES or utilize LOWDOWN services in the future.
7. Bookings, Modifications, Cancellation/Termination; Liquidated Damages. Rentals are booked online through the official business WEBSITE by the RENTER. By doing so, RENTER agrees to be added to the business’ marketing list. Modifications to and cancellations of booking appointments can be made online through the business WEBSITE’s booking/payment system. Any cancellation executed within 24-hours of the reservation’s start time will be billed for the full amount of the booking. We reserve the right to change this, and any other operational procedures of the business at any time.
8. Use of Equipment on PREMISES. Use of the PREMISES includes the use of sound system, Wi-Fi network, an overhead projector and projector screen. Tables and chairs can be made available upon request. The piano may be played only with prior written permission by LOWDOWN. The items on the media bookshelf are available for use, so as long as no items are removed from the PREMISES and items are put back where they were found by the end of the rental period. RENTER must not move piano or technical equipment without prior written permission from LOWDOWN. Fans and any other equipment should be turned off, with the exception of the sound system, which remains on at all times.
RENTER understands that the rental fee covers only the occupancy on PREMISES. While equipment is available at no cost to the RENTER, LOWDOWN cannot guarantee proper functioning, should an outage or other difficulties arise. RENTER is responsible for contacting LOWDOWN at least one (1) day ahead of the rental period if they have any concerns about the operation of the provided equipment. LOWDOWN will not be responsible for technical errors or difficulties that occur during the rental period in the event that no contact was made prior to the appointment to clarify operation of said equipment. RENTER must confer with LOWDOWN to discuss any special technical needs outside of what is available in the rental.
9. Access and Security. RENTER agrees not to inform any person of the entry code for the entrance/s of the PREMISES. The code will be changed at LOWDOWN’s discretion. In the event of a change, renters will be informed of the new code. RENTER assumes responsibility for the security of the space and safety of GUESTS during the rental period. Renters are financially responsible for any damage done to the building or any theft of LOWDOWN property due to negligence on the part of the RENTER toward security of the building. It is the responsibility of the RENTER to ensure that the entrance door is properly locked during and after the rental period. Any persons leaving the PREMISES last must lock any and all outside doors and windows.
10. Fire Code Compliance; Smoking, Candles and/or Incense. Per Washington State law, smoking is not allowed under any circumstances within or around the PREMISES. Use of candles and/or incense must have prior written approval and must adhere to Seattle Fire Code (2003 SFC 308.3.2). Any non-compliance may result in immediate cancellation of the RENTER’s booking with all monies due and may result in the suspension of the RENTER’s rights to rent the PREMISES or utilizing LOWDOWN services in the future.
11. Disability Accommodations. Specialized accommodations can be arranged with prior agreement. Doorways are ADA-compliant (32” in width) and wheelchair access can be arranged through the building’s garage with a minimum of one (1) days’ notice in advance. Trained service animals are allowed in the building. (RCW 49.60.040).
12. Parking. Parking is not included in the rental. RENTER is responsible for reading and abiding by all parking signs and city regulations. RENTER will not block driveways of LOWDOWN or neighboring residences. It is the RENTER’s responsibility to abide by all parking laws. LOWDOWN is in no way responsible for traffic tickets, parking citations, towing, or other infractions that occur during their rental period.
13. Damage and Theft. RENTER is financially responsible for all damages and/or theft occurring on the PREMISES, and surrounding buildings / property, occurring as a result of the rental occupancy. This includes any equipment owned or leased by LOWDOWN, as well as fixtures, furnishings, and floors.
14. Displays, Decorations, Equipment. RENTER is required to obtain advance written approval from LOWDOWN for any displays and/or decorations to be displayed on the PREMISES. Nothing should be taped, nailed, or otherwise affixed to any wall, door or other surface without prior permission from LOWDOWN, with the exception of the use of painter’s tape for affixing temporary decorations. No nails, screws, wall penetrations, or similar fasteners may be used except as installed by LOWDOWN.
All electrical devices, cords, equipment and otherwise must be safely used in accordance with good safety practices and manufacturers recommendations. Confetti, glitter, rice, and fireworks are strictly prohibited. Evidence of such material may result in the suspension of the RENTER’s rights to rent the PREMISES or utilizing LOWDOWN services in the future.
15. Cleaning Requirements. RENTER is required to leave the PREMISES in presentable and working conditions. All decorations, event materials, food, drink and any other supplies brought in by the RENTER and/or their GUESTS must be removed from the PREMISES. Exceptions include items left with prior written permission from LOWDOWN. RENTER is required to remove any and all items posted within the PREMISES, as well as any items hung or posted around the neighborhood.
RENTERs hosting events are responsible for removing all trash and recycling from the site after the rental period ends. Items from the media bookshelf should be put back into the location they were found. King County’s guidance for proper garbage, recycling & compost disposal must be followed.
16. Floor Care Requirements. Only clean, non-marking shoes are allowed on the floors. Use of tap shoes directly on the ballroom floor is strictly prohibited. Tap shoes are allowed under the following conditions: RENTER uses a board on top of a rug that serves to protect the ballroom floor from damage. Existing floor rugs found on the PREMISES may be used for this purpose, or RENTER may bring one. All items brought into the space must be taken with the RENTER upon leaving the space, and any rugs from the PREMISES must be put back where they were found.
No rosin or floor treatments of any kind may be used, whether directly or on the soles of shoes. Any items brought into the space must be constructed in such a way that they can cause no damage to the floor (i.e., felt padding on any part that rests on the floor).
RENTER is required to clean and dry any spills from the floor immediately. Painter’s tape or gaffer’s tape may be used on the floor to secure cables to the floor for safety purposes. All other forms of tape are prohibited. Failures to comply may result in the suspension of the RENTER’s rights to rent the PREMISES or utilizing LOWDOWN services in the future.
17. Lost, Stolen, Misplaced or Damaged Items. LOWDOWN is in no way responsible for the personal property of the RENTER or GUESTS. Unclaimed items will be donated every 6 months, or sooner if the lost & found receptacle begins to overflow.
18. Promotion, Marketing and Digital / Printed Materials. RENTER is responsible for all promotion, marketing and other printed materials created in conjunction with the occupancy use. Promotional materials left behind on the PREMISES are allowed but can be removed at LOWDOWN’s discretion. LOWDOWN is in no way obligated to feature any digital promotion or marketing on the WEBSITE in conjunction with the occupancy use.
19. Alcohol. RENTER understands that it is illegal to sell or serve alcohol in LOWDOWN without obtaining proper permits and paying the associated fees according to the Washington State Liquor and Cannabis Board. It is the sole responsibility of the RENTER to understand and comply with all applicable federal, state, and local laws and regulations governing the sale and use of alcohol. LOWDOWN retains the right to approve or disapprove of any alcohol on the premise and to disallow such for any reason, regardless of permitting. Events with alcoholic beverages of any kind require the RENTER to obtain a Special Occasion License or Banquet Permit from the Washington State Liquor and Cannabis Board website, and to post it appropriately.
20. Insurance. It is the RENTER’s sole responsibility to obtain the appropriate insurance coverage for their activities during the occupancy period.
21. Non-Exclusive Use. LOWDOWN reserves the right to make cancellations, as necessary and for any reason. Generally, efforts will be made to avoid rental interference, outside of the need to perform immediate and necessary maintenance or repairs to the space.
22. Licenses and Tax Liability. RENTER is responsible for obtaining all necessary permits and registry for admissions tax, sales tax, royalty payments, compensation, and any and all other applicable taxes and fees arising out of the RENTER’s use of the PREMISES. RENTER represents that all permits, licenses and registrations required for all activities related to this Agreement have been obtained or shall be obtained by the start of the occupancy period.
23. Video Surveillance Recording. LOWDOWN makes limited use of a video surveillance system on the PREMISES. This system is primarily used to record access to the PREMISES at the North entrance of the property. Video security cameras are also used to provide security to the property and provided equipment. Cameras are never used in the restroom, where RENTER and GUESTS would have an expectation of privacy.
The primary purpose of the system is to allow the after-the-fact investigation of crimes committed on the PREMISES. The video surveillance system is not intended to be used as a method of recording activities during the RENTER’s rental period occupancy, and as such, such video is not made directly available to RENTER or GUESTS, or to the general public.
The system may also be used to assist in the investigation of certain types of safety issues. In the event that a security event occurs, RENTER and GUESTS must report it to LOWDOWN within 4 days of the event, to ensure the video of the incident is downloaded and available for potential investigations. Recordings are kept on hand for five (5) days, after which the recordings become unavailable. LOWDOWN is responsible for the management of the surveillance system and the recordings and has exclusive control of the release of the video recordings produced by this system.
Requests to provide video recordings to RENTER and/or GUESTS will not be accommodated. If a crime has been committed, RENTER and/or GUESTS are encouraged to contact the police as soon as possible. If it is believed that the recorded video would assist in the investigation of a crime, RENTER and/or GUESTS should notify LOWDOWN in order to retain the footage, and the police should be told to contact LOWDOWN directly. If relevant video is available, a permanent video clip will be made available to the police.
RENTER and GUESTS should have no expectation that LOWDOWN is monitoring the cameras at all times, or that they are under constant surveillance when they are in range of a camera. RENTER understands that recordings may also not provide the level of detail needed to provide evidence of security events.
24. Legal Action. LOWDOWN is not responsible for consequences of misconduct, unethical behavior and/or illegal activity perpetrated by the RENTER and/or their GUESTS. RENTER agrees that if LOWDOWN is required to obtain the services of an attorney or any other third party to collect any money due from the RENTER, or to take any other action against the RENTER as the result of any breach of this Agreement, the RENTER shall pay the costs and attorney’s fees incurred by LOWDOWN as a result of this action, for which LOWDOWN may also suspend the RENTER’s rights to rent the PREMISES or utilize LOWDOWN services.
25. Refusal of Service / Entry. LOWDOWN retains the right to refuse service or entry to anyone.
26. Future Policy Changes. LOWDOWN reserves the right to change the rental policies at any time to reflect the needs and concerns of the PREMISES, community, and/or owners.
27. Force Majeure. LOWDOWN’s performance is subject to acts of gods, war, government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, restriction on food, beverage or other supplies, loss of PREMISES, or any other event of a comparable nature beyond LOWDOWN’s control, making it impossible, illegal or which materially affects a party’s ability to perform its obligations under this Agreement.
28. Strict Performance. The failure of LOWDOWN to insist on strict performance of any of the provisions of this contract or to exercise any option conferred in the contract in no way implies a waiver of these rights.
29. Breach of Contract. Violation of any provision of this contract shall constitute a breach of contract.
30. Riders. All riders are a full and enforceable part of this contract.
31. Binding Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written understandings between the parties, with respect to the subject matter hereof.
32. Severability. In the event that any provision of this Agreement is held to be illegal, invalid, or unenforceable to any extent, the legality, validity, and enforceability of the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.
33. Venue; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of Washington. The parties irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Seattle, King County, Washington.
34. Waiver; Indemnification. Except in the event of a loss arising solely from the gross negligence or intentional misconduct of LOWDOWN, STAFF, or any entities affiliated with LOWDOWN, RENTER agrees to defend, indemnify, and hold said persons harmless from and against any and all claims, costs, damages, expense, or other liability (including attorney’s fees and costs) arising out of or related to the use of the PREMISES. This includes acts or omissions of RENTER, GUESTS, or others, including without limitation, any claims brought pursuant to the Americans with Disabilities Act and violations of applicable liquor control laws, and RENTER assumes all responsibility for injury to persons, including death, and for damage to property, including without limitation, the PREMISES and any equipment and supplies therein, or theft or loss pertaining to such property.
Accordingly, RENTER hereby waives any claims against STAFF and releases STAFF for any act or omission by RENTER or GUESTS, and any damage or loss that may result from such act or omission, and from any claims that are related to the rental of the PREMISES. In no event will STAFF be liable to RENTER or GUESTS or any third party for claims arising from or relate to food or beverage.
35. Guest Agreement, Waiver & Release Pertaining To COVID-19. RENTER acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that they may be exposed to or infected with COVID-19 by entering or being on the premises of LOWDOWN BALLROOM LLC. RENTER further acknowledges and voluntarily assumes the risk that such exposure or infection may result in personal injury, illness, serious medical condition, permanent disability and death. RENTER understand that the risk of becoming exposed to and or infected by COVID-19 at LOWDOWN BALLROOM LLC premises may result from the actions, omissions, or negligence of myself and/or others, including, but not limited to, LOWDOWN BALLROOM LLC, its grantors, teachers, event organizers, agents, representatives, vendors, renters, and guests.
RENTER voluntarily agree to assume all of the foregoing risks, whether known or unknown, and accept sole responsibility for the illness or injury (including, but not limited to, personal injury, illness, serious medical condition, disability, and death), treatment, hospitalization, damage, loss, claim, liability, or expense, of any kind, that they may experience or incur in connection with entering or being on LOWDOWN BALLROOM LLC premises. RENTER hereby releases, covenant not to sue, discharge, and hold harmless LOWDOWN BALLROOM LLC, its grantors, teachers, event organizers, agents, representatives, vendors, renters, and guests, of and from the damages, including all liabilities, claims, actions, damages, cost or expenses of any kind arising out of or relating thereto. RENTER understands and agrees that this release includes any claims based on the actions, omissions, or negligence of LOWDOWN BALLROOM LLC, its grantors, teachers, organizers, agents, representatives, vendors, renters, and guests, whether a COVID-19 infection occurs before, during, or after being on the premises of LOWDOWN BALLROOM LLC.
By renting from LOWDOWN BALLROOM LLC, RENTER declares that, to the best of my knowledge, they, and GUESTS have been administered a full dose of an FDA-approved COVID-19 vaccine at least two weeks prior to the date of rental. RENTER agrees to follow all federal, state and city COVID-19 related regulations, guidelines, and restrictions applicable to their event, activity or class. RENTER agrees to these same protocols as they pertain to variants of COVID-19, as well as any other infectious disease.
36. Counterparts; Electronic Signature. This Agreement may be executed in counterparts, each which are deemed an original, but all of which together will constitute one and the same instrument. Execution and delivery of this Agreement may be evidenced by electronic means. By booking your rental, you agree to the terms and conditions as outlined in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the rental booking’s confirmation.
LOWDOWN BALLROOM LLC
628 11th Ave E. Seattle, WA 98102
Alexander K. Yan, Owner