This document defines the terms and conditions under which ARA Properties, LLC (hereinafter referred to as ARA), and Client, (hereinafter referred to as Client) agree to the Client’s use of the ARA facilities, known as Due Sorelle Farm (2195 Spotswood Trail, Ruckersville, VA 22968) on , the date paid for. This contract constitutes the entire agreement between the parties. The terms have not been amended or changed unless executed in writing and signed by ARA and Client.
By paying for and reserving an event at Due Sorelle Farm, Client agrees to the following:
The venue has been reserved for you for the date and time stipulated. Please note that the hours assigned to your event include all set-up and all clean-up, including the set-up and clean-up of all subcontractors that you may utilize. It is understood you will adhere to and follow the terms of this Agreement, and you will be responsible for any damage to the premises and site, including the behavior of your guests, invitees, agents or sub-contractors resulting from your use of venue(s).
Date Changes and Cancellation Policy
1. The Client agrees 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 the sole responsibility of Client. The Client further understands that last-minute changes can impact the quality of the event and that ARA is not responsible for these compromises in quality.
2. Cancellation: In the event, Client cancels the event, Client shall notify ARA immediately in writing. Once canceled, the Client shall be responsible for agreed liquidated damages as follows. The parties agree that the liquidated damages are reasonable.
A. In the event Client cancels the event more than one year prior to the event, Client shall receive a full refund
B: In the event Client cancels the event 6-12 months prior to the event, Client shall forfeit all payments made up until that time.
B. In the event Client cancels the event less than 6 months prior to the event, Client shall forfeit to ARA as liquidated damages, all payments made up until that date.
Event Set-up Limitations
1. All property belonging to Client, Client’s invitees, guests, agents and sub-contractors, and all equipment shall be delivered, set-up and removed on the day of the event between the agreed upon times. Should the Client need earlier access for set-up purposes, this will require prior, written consent from ARA for an additional fee. The Client is ultimately responsible for property belonging to the Client’s invitees, guests, agents and sub-contractors.
2. Rental items must be scheduled for pick-up no later than the end of the paid access time.
3. Alcohol service must stop no later than 30 minutes prior to the end of the paid access time (or maximum of 5-hours if occurring sooner).
4. Music (DJ or live music) must stop no later than 30 minutes prior to the end of the paid access time .
5. All event guests must be off ARA premises no later than the designated time on the day of the event (this includes vendors, clean-up crew, invitees, guests, etc.).
Site Vendors
Caterers: ARA has a list of pre-approved caterers to choose from. We require you to select a caterer(s) from this list. No caterer can be used that is not on this list (without prior approval of ARA). Each caterer on this list is familiar with the ARA venues, rules and regulations. Each caterer provides excellent food and exceptional service. Each one of these approved caterers carries the ARA required liability insurance. They offer a variety of menus, various serving accommodations and price ranges.
1. If Client requests a different food service company, they must be pre-approved by ARA, provide a certificate of insurance with ARA Properties, LLC named as additional insured and meet their rules and regulations.
2. Your catering company is responsible for the set-up, break-down and clean-up of the catered site. Please allow appropriate time for break-down and clean-up to meet the contracted timelines.
3. All event trash must be disposed of in the designated areas at the conclusion of the event.
4. ALL vendors must adhere to the terms of our guidelines, and it is the Client’s responsibility to share these guidelines with them. All vendors must provide a certificate of insurance with ARA Properties, LLC named as additional insured at least 60 days prior to the event and meet their rules and regulations.
5. Client agrees to secure by contract a professional Wedding Planner and Day(month)-of Coordinator and provide contact information and Certificate of Insurance to ARA within 30 days of contract signing.
Responsibility & Security
ARA does not accept any responsibility for damage to or loss of any articles or property left at ARA prior to, during or after the event. The Client agrees to be responsible for any damage done to the property/facilities by Client, guests, invitees, employees, vendors, or other agents under the Client control. Further, ARA shall not be liable for any loss, damage or injury of any kind or character to any person or property caused by or arising from an act or omission of the Client, or any of Client’s guests, invitees, employees, vendors or other agents from any accident or casualty occasioned by the failure of the Client to maintain the premises in a safe condition or arising from any other cause. The Client, as a material part of the consideration of this agreement, hereby waives on its behalf all claims and demands against ARA for any such loss, damage, or injury of the Client, guests, invitees, employees, vendors, or other agents under the Client control, and hereby agrees to indemnify and hold ARA free and harmless from all liability of any such loss, damage or injury to persons, and from all costs and expenses arising there from, including but not limited to attorney fees.
Excuse of Performance (Force Majeure)
The performance of this agreement by ARA is subject to acts of God, war, government regulations or advisory, disaster, fire, accident or other casualty, strikes or threats of strikes, labor disputes, civil disorder, acts and/or threats of terrorism, or curtailment of transportation services or facilities, or similar cause beyond the control of ARA. Should the event be cancelled through a Force Majeure event, all fees paid by Client to ARA will be returned to Client within sixty (60) days or ARA will allow for the event to be rescheduled, pending availability, with no penalty, and there shall be no further liability between the parties.
Indemnity
Client agrees to indemnify and hold harmless ARA, its officers, staff and agents working on its behalf, from any and all claims, actions, suits, costs, damages, and liabilities resulting from the breach of this Agreement, negligence actions, willful misconduct or omissions of Client, and Client’s guests, invitees, agents, vendors and sub-contractors. Client agrees to indemnify and hold harmless ARA, its officers, staff and agents working on its behalf, from any and all claims, actions, suits, costs, damages, and liabilities resulting from the assignment of this contract and/or sale of the property.
Severability
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. All claims will be filed and heard in the County of ARA, VA. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Insurance
Client shall carry liability (minimum $1,000,000 ((one million dollars)) and other insurance in such dollar amount as deemed necessary by ARA to protect itself against any claims arising from any officially scheduled activities during the event/program period(s). Please note, insurance must cover all dates and times in which Client will be onsite, including rehearsals, ceremony, reception, etc and ARA Properties, LLC shall be named as “additional insured” on such policy(s). Any third party suppliers/vendors used or contracted by Client shall carry liability and other necessary insurance in the amount of no less than One Million Dollars ($1,000,000 to protect itself against any claims arising from any officially scheduled activities during the event/program period(s); and to indemnify ARA Properties, LLC which shall be named as additional insured for the duration of this Contract. Such proof of insurances must be delivered to ARA not less than sixty (60) days prior to the event.
Clean-Up
Client shall be responsible for returning the Venue (and site if applicable) to the condition in which it was provided to them. All property belonging to Client, Client’s invitees, guests, agents, vendors and sub-contractors, shall be removed by the end of the rental period. All property remaining on the premises beyond the end of the rental agreement will be removed by ARA at Client’s cost to be billed and paid within 15 days of notice to Client of cost. Client must have prior, written consent if removal of property is beyond the rental period and understands there will be a fee if the extension of time is allowed by ARA. ARA is not responsible for any property left behind by Client, Client’s guests, invitees, agents, vendors and sub-contractors. The Client is responsible for any and all damages to ARA Venues and surround site. It is the Client’s responsibility to remove all decorations and return Venue to the condition in which it was received.
Reservation of Rights
ARA reserves the right to cancel agreements for non-payment or for non-compliance with any of the Rules and Conditions of Usage set forth in the Agreement. The rights of ARA as set-forth in this Agreement are in addition to any rights or remedies which may be available to ARA at law or equity.
Jurisdiction
The Parties agree that this Agreement will be governed by the laws of the State of Virginia. The Parties consent to the exclusive jurisdiction of and venue in either the court of ARA County, VA and the parties expressly consent to personal jurisdiction and venue in said Court. Client agrees to pay reasonable attorney’s fees incurred by ARA associated with any breach of this Agreement.
Alcoholic Beverages and Drugs
1. Under NO circumstances shall anyone, Client, vendor, etc., sell or attempt to sell any alcohol to anyone.
2. Client shall not permit any person under the age of twenty-one (21) to consume alcohol regardless of whether or not the person is accompanied by a parent or guardian.
3. Liquor “Shots”, “Jagers” (Jagermeister) or “Energy Drinks” will not be permitted at any time.
4. Client hereby agrees to use their best efforts to ensure that alcohol will not be served to anyone who is intoxicated or appears to be intoxicated.
5. Client hereby expressly grants to ARA, at ARA’s sole discretion and option, to instruct the security officer(s) to remove any person(s) from the Venue, if in the opinion of the ARA representative in charge, the licensed and bonded bartender and/or the security officer(s) the person(s) is intoxicated, unruly or could present a danger to themselves or others, and/or the Venue.
6. Client hereby agrees to be liable and responsible for all act(s) and actions of every kind and nature for each and every person in attendance at Client’s function or event.
7. No drugs of any kind are permitted on the property.
8. Client agrees to obtain and provide proof of Virginia ABC licensure.
9. Client agrees to hire a fully licensed, bonded and insured bartender for any and all service of alcohol, and to fulfill all criteria under "Site Vendors" section above.
Rental Deposit and Payment Agreement
Timely payments are a requirement of this agreement. Client agrees to pay, on time and without demand, all amounts due in connection with this agreement and to pay the costs of collections, including ARA's reasonable attorney fees. Client agrees to pay a late fee in the amount of 10% of the balance due on any and all past due payments. Failure to meet the payment amounts or dates is cause for immediate loss of all privileges enjoyed by Client, cancellation of the event and all previous payments will be forfeited as liquidated damages with all future payments will remain due to ARA. Cleaning/Damage Deposit: $500 credit card authorization to be applied at least 24 hours prior to event date and charged or refunded within 7 days after event date.
Client understands and agrees to pay the cost of $100/hr. venue rental fee for times onsite outside of contract. This includes additional onsite time for planning, set-up time, vendor drop-offs, site visits, vendor pick-ups, etc.
WARNING – WE ARA A WORKING FARM
Under Virginia law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.
1. Customer will not interact with or enter areas, whether in a building or outdoors, where animals/livestock or equipment are and will ensure that invitees (guests, vendors, sub-contractors, etc.) will not either.
2. Customer will not feed anything to animals/livestock and will ensure that invitees (guests, vendors, sub-contractors, etc.) will not either.
3. Customer will and will ensure that their invitees (guests, vendors, sub-contractors, etc.) will treat our farm with care, consideration and use good judgement regarding the risks associated with the use of a farm.
Rules & Conditions for Usage
CANDLES/FIRE: The use of any type of flame is prohibited in all buildings and throughout the site. “Flameless candles” which are battery operated are permitted for use. (Example: See www.candleimpressions.net – the candles light automatically at the time set and run for 100 hours on a small battery).
CHILDREN: There have been times we have had guests at the complex whose children were not properly supervised. Children under the age of 18 are your complete responsibility. Please know where children are at all times and make certain that they clearly understand The Rules.
PLEASE RESPECT NATURE! We would greatly appreciate it if persons do not disturb plants, rocks, trees or other natural gifts. Please do not nail anything to trees or hang any ropes, swings or hammocks from tree limbs. Please do not walk or step in flower beds.
COURTESY PROTOCOL: ARA reserves the right to request any person or group of people acting unruly and contrary to rental regulations to leave the premises. Assistance from law enforcement agencies may be required if this request is not met immediately.
DELIVERIES / DELIVERY TRUCKS: There is a size limit to the height and length of vehicles entering the complex due to the damage inflicted to our road and trees. Please coordinate limits with us. We will need to know the delivery dates and times of any rentals, so we can meet them and show them where to drop their rentals.
ELECTRICAL OUTLETS: Electrical outlets are on the property and are available for use at an event. An agent from ARA will show you which you may use and vendors are welcome to inspect the locations and numbers of outlets prior to booking, by appointment only.
DECORATIONS: All decorations must be approved by ARA. Only drafting tape that will not leave any residue may be used to affix decorations and/or signs. Any other decorations, signage, electrical configurations or construction must be pre-approved by ARA. Decorations may not be hung from light fixtures. All decorations must be removed without leaving damages directly following the departure of the last guest, unless special arrangements have been made between the Client and ARA. The only adhesive material allowed is drafting tape which will not damage surfaces. No masking tape, duct tape, electrical tape, transparent tape or double stick tape is allowed. All other decoration must be freestanding. Nails, push-pins, staples, and any items which leave a hole are not permitted at any location. The use of birdseed is permitted only outside for wedding and reception farewells. Rice, confetti, flower petals, balloons, glitter, fog machines, pyrotechnics, sparklers and blowing bubbles are not permitted inside or outside the facilities, without prior written approval at least 60 days before the event.
GARBAGE DISPOSAL: Trash disposal is your responsibility. Immediately following the event, please have your Clean-up Committee take a few minutes to walk all the areas of the building and property that have been utilized for the event and pick-up any refuse that may have been dropped or blown around. This trash may be placed into the ARA trashcans/ dumpsters, only to the extent that trash is not seen above the top of the cans/dumpster or anywhere around the cans/dumpster on the ground. All trash that does not fit in the receptacles without being visible above the top, must be removed from the property at the Client’s expense.
GARDENS: Our gardens have been designed to be enjoyed by all. It is the responsibility of the Client to ensure that parents keep their children out of the gardens and landscaped areas.
GUESTS: Please keep in mind when inviting Guests to your event, that you are inviting them to our home. We will expect visitors to conduct themselves in a mature, responsible and respectful manner.
MUSIC AND ENTERTAINMENT: Due to the proximity of ARA to the local neighborhood, sound considerations are a concern. Although music (both live and recorded) is permitted, the music must be contained at an acceptable sound level so as not to disturb the local surrounding area. ARA event coordinator will help to establish acceptable sound levels. Any complaints from neighbors or other parties may require the levels to be reduced further. ARA reserves the right to require Client’s to cease the music it deems inappropriate, in its sole discretion. ARA also reserves the right to require the Clients to lower the sound level or cease playing music, in its sole discretion. We are keenly aware that sound travels and do, therefore, make every attempt to be considerate of our neighbors’ privacy and peaceful homes.
PARKING: Parking is available as described in this section: Parking in the grassy area on either side of the gravel driveway behind the white garage only. No parking or driving on any other grass area or other surface. Parking is not permitted on the main street (Spotswood Trail) or any access drive to a venue building.
PETS: We are sorry, absolutely no pets are allowed.
PHOTOGRAPHY: The many natural settings around ARA were maintained and developed for the enjoyment of all events. We reserve the right for each Client the opportunity to use any area of the complex for wedding/reception photograph sessions. All times for utilization of different areas at ARA will be coordinated with the schedule for each venue’s Client. We also reserve the right to use any photographs or other media reproductions of an event in our publicity and advertising materials.
REFRIGERATOR / FREEZER SPACE: Client is responsible to provide their own ice (there is not a commercial ice maker on site). It makes sense to bring your beverages to the venue already chilled the day of the event. Caterers are expected to make their own food/ beverage accommodations.
RENTAL SPACE CHANGES: Any contents or furniture movement must be pre-approved by ARA. It is the Client’s responsibility to restore all areas to their original appearance. Placements of tables, tents, live music, catering equipment, etc., must be approved by ARA, in writing, at least 60 days prior to event.
SIGNAGE: Client may post free-standing signage or hang balloons at the front entrance on Spotswood Trail during the hours of the event, but will NOT attach anything to or cover up our entrance sign, or nail or screw anything to the trees, fence, sign or post.
SMOKING: Smoking in and/or around the event barn and any other structures is strictly prohibited. ARA is a non-smoking facility, however if you will have smokers at your event, an ash-bucket will be added at a designated outdoor location for their use. Smoking is only allowed within 15 feet of the designated location of the ash buckets. Client must notify ARA if these will be needed at least 60 days prior to the event. Client is responsible for disposal of smoking waste and clean-up of the smoking area. No smoking inside any structure is ever permitted.
VENUE STAFF: A staff member will be present for all events. This service is non-negotiable. The cost of the service is included as part of the venue rental (unless noted otherwise).
SPEED LIMIT: The speed limit on the ARA complex is 5 mph and is strictly enforced for the safety of your guests.
WEATHER: The weather is usually suitable for outside events from May 15 until October 15. Should there be inclement weather on your reserved day, we will approve your last-minute rental of tents, canopies or heaters, provided they are set-up at an acceptable location. Prior written approval must be provided at least 1 week prior to the event. It is recommended that Client rent a tent for all venue locations other than the established event building.
LOGISTICAL PLANS: ARA’s planning team must review and approve all proposed logistical plans for the use of the premises a minimum of sixty (60) days prior to an event. If plans are not provided prior to 60 days before the event, furniture will be set up for the guest count designated at the time of payment in the manner ARA determines.
EVENT POLICY AND GUIDELINES AGREEMENT
Client has read and understands the policies concerning events held at ARA. Client agrees to uphold them and ensure that contractors, vendors, and members of the event party, will abide by the policies. Client understands it is their responsibility to inform the caterer, dj, coordinator, florist, photographers, etc., that they must also conform to this set of guidelines.
Due Sorelle - 2195 Spotswood Trail, Ruckersville