Facilities of The Scottish Rite Foundation of Texas are available for public use by those willing to defray the reasonable expenses connected with the use of the building, subject to the following rules:
1. Security Deposit: Payment is due ten (10) business days in advance of the day of the event. Checks for the use of the facilities and $400.00 Security Deposit are to be made payable to “The Scottish Rite Foundation of Texas” or “SRFTX.” The Sponsor shall be responsible for any and all damages to the Facility, the parking lot owned by The Foundation, any equipment and/or other accessories owned or leased by The Foundation while using the Facility. The security deposit shall be forfeited and retained by The Foundation if proper cleaning is not done, if personnel are not out of the Facility by 2:00 am, or if the Facility and/or equipment are damaged in any way. In addition The Foundation may seek all other damages against Sponsor for failure to abide by the terms and conditions of this Lease. The Foundation also holds the right to keep 50% of the deposit if the event is cancelled for any reason. In the event that The Foundation must contact the Sponsor to find out that the event is cancelled or if the event is cancelled less than a 7 days before the event start date, then the Sponsor forfeits the entire deposit.
2. Denial of Use: The Foundation reserves the right to deny use of the Facility to individuals or organizations that conduct or advocate illegal activity. The Foundation reserves the right to remove from the Facility any such individuals or organizations; in the event of the exercise of this authority, Sponsor waives all claims for damages as a result of The Foundation’s actions. Certain areas of the building may be restricted by The Foundation in connection with the use of public events. Such events as may be conducted on the premises are expected and required to be in good taste consistent with the moral values of The Foundation of a non-political nature. Only those areas specified and approved in the request will be available for use.
3. Removal of Objectionable Persons: The Foundation reserves the right at all times to require the ushers, gatemen, ticket takers, and all other agents, invitees or employees of Sponsor and the right, with The Foundation’s agents or servants, including its security personnel, to eject any objectionable person or persons, as determined in The Foundation’s sole discretion, from the Facility; and in the event of the exercise of this authority, Sponsor hereby waives any and all claims for damages against The Foundation, its agents, servants, and employees on account thereof. Sponsor shall pay the salaries of all employees required in connection with the event or attraction including the salaries of security personnel. Based upon the information provided, The Foundation will determine and communicate to Sponsor in writing the minimum number of security personnel required. Children are not permitted to wander through the Facility unsupervised by an adult.
4. Dispensing of Liquor: Functions that include the serving of alcoholic beverages shall be conducted under the laws and regulations of the State of Texas and the Texas Alcoholic Beverage Commission. The Foundation will not be responsible for intoxicated guests. Sponsor will be held liable and be responsible for providing transportation for an intoxicated guest. All alcohol must be served by a licensed bartender. Sponsor shall indemnify and hold The Foundation harmless from any and all claims arising out of the serving of alcohol by Sponsor or its agents. Guests, under any circumstances, are not allowed to bring their own liquor. Any that is brought in and not served by licensed bartender will be confiscated and given to the bartender. Any refusal to do so will result in removal of guest and/or termination of event. This will be left up to the discretion of The Foundation event staff on duty. Under any circumstances will alcohol be served to a minor (under the age of 21) and in the occurrence of such event where a minor is caught drinking, it will result in the removal of such person, their legal guardians (if applicable), and can lead to the termination of said event.
5. Dispensing of Food: Accommodations exist in the Facility for the preparation and serving of food. The cooking of food is not permitted inside the facility without prior approval from The Foundation. Those who are seeking the use of the Facility for the purpose of serving food are required to make known to The Foundation, in writing, the persons who will be responsible for the preparation and serving of the same at least two weeks prior to use of the Facility. The Foundation retains the right to require all caterers to have liability insurance, food handler’s certificates, and a Waco-McLennan County Health District permit. Sponsor may not designate or hire a professional catering firm to cater any service of food or beverage without the written consent of The Foundation. The Foundation is not responsible for health issues related to any foods consumed at Facility by Sponsor or its guests and Sponsor shall indemnify and hold The Foundation harmless from any and all claims arising out of the serving of food by Sponsor, its caterers or its agents.
6. Interruption of Services: The Foundation shall not be responsible for or liable to Sponsor for any loss resulting from any lack of electricity, heat, water, lights, or air conditioning due to the failure of any Facility equipment to operate or function properly through no fault or act of The Foundation which may render the premises unusable for the event.
7. Fire or Damage to Building Preventing Completion of Lease: In case the Facility shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence or other causes herein specified shall render the fulfillment of this Agreement by The Foundation impossible, then, in The Foundation’s sole discretion, this Agreement may be terminated and Sponsor shall be liable to pay for use only up to the time of such termination and Sponsor hereby waives and releases The Foundation from any claim for damages or compensation on account of such termination.
8. Rights of The Foundation During Lease: The Foundation, through its employees and other designated representatives, shall have the right at any time to enter any portion of the Facility for any purpose whatsoever and the entire Facility shall at all times be under the charge and control of The Foundation. The keys to the Facility shall remain in possession of The Foundation, but during periods covered by this Agreement, the entrances and exits of the Facility shall be locked or unlocked, under the direction of the Sponsor, in accordance with the terms of this Agreement and in compliance with all fire codes.
9. Sponsor Occupancy of Hall: Sponsor must remove all possessions, whether owned, leased, or borrowed by Sponsor, as soon as the event is over. In no case may materials or decorations be left after the event without prior written approval from The Foundation. All food, drinks, decorations, or any other articles left in Facility after the Tear-Down End Time, designated above, will be deemed abandoned, and may be disposed of immediately by The Foundation, at Sponsor’s sole expense. The Foundation shall not be liable in any way to Sponsor on account of so removing and disposing of such articles. For such additional period beyond the term of this Agreement that any articles of Sponsor may so remain in the building, Sponsor shall pay The Foundation $100 per day as payment for moving items in and out of the Facility.
10. Obstruction of Traffic: The stairs, halls, sidewalks, and entrances of the Facility shall not be obstructed by Sponsor nor used for any other purposes than egress or regress, and Sponsor will not permit any chairs, equipment, displays, or other items to be or remain in such passageways, and will keep such passageways clear at all times except as agreed to in this Agreement.
11. Fire or Animal Hazards: Sponsor shall not bring or permit anyone to bring into the Facility or keep therein anything that will increase the fire hazard or the rate of insurance on the Facility or any property herein. Sponsor shall not bring or permit any person to bring into the Facility any animals, except those used to assist individuals with disabilities or any other property of any kind, without the written consent of The Foundation and shall not place or put up any decorations without the written consent of The Foundation. The Foundation reserves the right at any time to require Sponsor to remove from the Facility any animals, furniture, fixtures, wiring, exhibits, or other things placed therein without the written consent of The Foundation.
12. Construction and Decoration: Sponsor will not cause or permit: any nails or other things to be driven into any portion of the Facility; any signs to be affixed to the exterior thereof; any changes, alterations, repairs, painting, or staining of any part of the Facility or the furnishings or equipment thereof; anything to be done which will damage or change the finish or appearance of the Facility or the furnishings thereof. Construction and/or painting will not be allowed in or on the Facility without the written consent of The Foundation. Sponsor will pay the cost of repairing any and all injury and damage which may be done to the Facility or any of the fixtures, furniture, or furnishings thereof by any act of Sponsor or any of Sponsor’s employees, invitees, or agents, including, but not limited to, the patrons of the attraction or function herein above described for which Sponsor is hereby renting the Facility. It is expressly agreed that The Foundation shall determine, in its sole discretion, whether any injury or damage is one for which, under the terms of the Agreement, Sponsor is to be held responsible. Uncooked rice, birdseed, confetti, glitter, and sparklers inside or outside the building is prohibited. Candles are allowed as long as the wick is below the top of its container. Trash will be removed from the premises at the conclusion of the event. The Sponsor, its agents and/or vendors will not, under any circumstances, remove full trash bags from trash containers while inside the building.
13. Hanging Items: The Foundation must approve in writing the method of hanging of any signs, posters, or decorations prior to their hanging. Sponsor is responsible for hanging all decorations and assumes all liability for any personal injuries or property damage resulting from said signs, posters, or decorations. Sponsor shall not hang any items from light fixtures, air conditioners, air supply ducts, return air grills, or diffusers. Sponsor shall not obstruct or cover any exit lights or fixtures. Sponsor shall not plug any lighting circuit or extension into any exit, light fixture, or socket unless approved in advance in writing by The Foundation. Sponsor may hang items from existing hooks provided for that purpose in the ceiling.
14. Fire and Safety Codes: Sponsor, its decorator, agents, or invitees must comply with applicable local, state, and national fire and safety codes. Sponsor shall not allow any open flames in the Facility, unless enclosed in glass.
Sponsor shall not bring any gasoline or other flammable substances into the Facility. Decorations used by the Sponsor must be approved, flame-resistant materials. The use of propane in a quantity larger than a 4-ounce tube is prohibited by the order of the Fire Marshall.
15. Sanctioning of Event: The name of the “Lee Lockwood Library & Museum Event Center” or “The Scottish Rite Foundation of Texas” may not be used in any manner by an organization or individual as anything other than a location on invitations, notices, etc., without the approval from The Foundation. To define the location, list as:
“The Lee Lockwood Library & Museum Event Center”
16. Compliance with Laws and Ordinances: Sponsor shall comply with all laws of the United States and of the State of Texas, all ordinances of the City of Waco, and all rules and requirements of the Waco Police and Fire Departments, or any other municipal authorities of the City of Waco. Sponsor shall obtain and pay for all necessary permits and licenses, and shall not do, nor suffer to be done, anything in or on the Facility during the term of this Agreement in violation of any such laws, ordinances, rules, or requirements. If the attention of The Foundation is called to any such violation on the part of said Sponsor, its employees, agents or invitees, Sponsor shall immediately desist from and correct such violations. Sponsor shall be responsible for any damages arising from violating these laws, ordinances, rules, or requirements. Sponsor further agrees that no performance, exhibition, or entertainment shall be held which is in violation of any law, including state obscenity laws.
17. Occupancy Limits: Sponsor shall not admit into the Facility a larger number of persons than the seating capacity for fire code thereof will accommodate, or can safely or freely move about in said area, and the decision of The Foundation in this respect shall be final.
18. Sponsor’s Property: The Foundation assumes no responsibility whatsoever for any property placed in the Facility, and said The Foundation is hereby expressly released and discharged from any and all liabilities for any loss, injury, or damages to person or property that may be sustained by reason of the occupancy of the Facility under this Agreement. Sponsor must receive or make arrangements with a transfer company for the receipt of shipments of exhibits, equipment, or other items. The Foundation will not accept shipments directly unless arranged in advance. An additional charge for this service will be billed at an amount to be agreed upon between the parties in advance, in writing.
19. Collection Expenses: Sponsor agrees to pay court costs and reasonable attorney’s fees on any amount owed by the Sponsor under any part of this entire agreement which is in default and may be collected by legal processes.
20. Security Personnel: All children under the age of 15 must be accompanied by an adult if outside the event area or building. The Sponsors are responsible for arranging for appropriate security personnel, which must be pre-approved by The Foundation, and the proper supervision of the events that are conducted therein. All events require one security guard for the first 150 persons and two security guards for groups larger than 150 persons. As set forth in Paragraph 3, above, Sponsor is responsible for paying the salaries of all security personnel. Security must be in place 30 minutes before the start of the event, and must remain in place until 30 minutes after the completion of the event. Additional security may be required at the sole discretion of The Foundation.
21. Smoking and Controlled Substances: Smoking or the use of controlled substances is prohibited anywhere within Facility, including its restrooms and kitchen area. Individuals in violation of this City ordinance will be removed from the Facility. Smoking is permitted in designated areas only. (20 feet from each outside entrance) This is including e-cigarettes.
22. Arrangement of Room: The Sponsor agrees to meet with The Foundation at least two weeks in advance of the event to get approval of the final arrangement of tables, chairs and other features of the Facility to ensure their compliance with safety rules and regulations.
23. Subleasing: Sponsor shall not lease, sublease, nor assign its right, title, or interest under this Agreement to any other person, entity, group, association, or anyone else without prior written consent of The Foundation.
24. Termination of Events: All events must be concluded by the time agreed to in the event application and invitees must completely vacate the Facility by said time. Event start and end times must be confirmed with The Foundation and events must end no later than 12:00 midnight. Cleanup by Sponsor, its agents and/or vendors must be completed within two hours of stated event end time and must be out of the building by 2:00am. Any additional time needed for cleanup by Sponsor, its agents and/or vendors after 2:00am will lead to the forfeit of security deposit and an additional charge of $150/hour over.
25. Noise Levels: Music and general sound at dances and/or concerts must be kept within levels specified by The Foundation. Events featuring live bands may not use amplification without specific prior written permission from The Foundation. Failure to keep music or sound within limits acceptable to The Foundation may, at the sole discretion of The Foundation, require immediate vacation and closure of the Facility, forfeiture of all fees, and denial of future requests for bookings. The sole decision of The Foundation in this respect shall be final.
26. Hold Harmless: Sponsor will indemnify and hold The Foundation harmless against any claims, demands, damages, costs, and expenses, including reasonable attorney’s fees, for defending claims and demands arising from the conduct of Sponsor, its agents and invitees in the use of the Facility, or from any breach on Sponsor’s part of any conditions of this Agreement, or from any act or negligence of Sponsor, its officers, agents, contractors, employees, or invitees in or about the Facility. In case of any action or proceeding brought against The Foundation by reason of any such claim, Sponsor, on written notice from The Foundation, will defend the action or proceeding by counsel acceptable to The Foundation.
27. Other Agreements: The Foundation and Sponsor agree that this written Agreement supersedes any oral agreement that may have been made between the parties.
28. Severability: In case any one or more of the provisions or portions of provisions, of this Agreement shall be deemed by any legal authority to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions, or portions of provisions, contained herein shall not be in any way affected or impaired thereby.
29. Modification: No alteration or other modification to this Agreement shall be effective unless such modification shall be in writing and signed by both parties.
30. Opportunity to Review: By executing this Agreement, Sponsor warrants and represents that it has had an opportunity to review this Agreement and all attachments and exhibits, and after such review it has read and fully understands all terms and conditions pertaining to this Agreement.
These conditions are subject to change from time to time consistent with The Foundation’s policy to make the building available for public use, and such changes may be made without notice. The Foundation may impose additional restrictions and/or requirements that the Executive Committee or its representative deem necessary in the interest of participant safety and/or for the orderly conduct of business, up to and including the removal of persons and/or the termination of the event. Those seeking the use of these facilities should make written request to: The Scottish Rite Foundation of Texas, P. O. Box 32508, Waco, Texas 76703.