These Terms and Conditions, together with your online application to host an event at a Hoopla venue (the “Application”), constitute a valid and binding legal contract (the “Agreement”) between you as Host and Hoopla VIP LLC (“Hoopla”) as Owner for the rental of the venue. By clicking “accept” before submitting your online application you accept these Terms and Conditions and agree to be bound by them. Hoopla reserves the right to reject any application for any lawful reason.
1. Agreement to Lease; Host Warranty.
Host agrees to license use of the Premises (as defined herein) from Owner, and Owner agrees to license use the Premises to Host, upon the terms and conditions set forth in the Agreement. No tenancy or interest in the Premises is created hereby. Host warrants and represents that (a) the person submitting the Application is authorized to execute the Agreement on behalf of Host, (b) Host is legally authorized to enter into the Agreement, and (c) the information Host has provided in the Application is true and accurate.
2. The Event.
The lease of the Premises hereunder is for the sole purpose of providing a venue for Host to host the event described in the Application (the “Event”). The duration of the Event (the “Rental Period”) is strictly limited to the period between the Set-Up Time and the Wrap Time (both as provided in the Application).
3. The Premises.
“The Premises” means and refers to of suite of rooms in a building located at 1428 36th Street, Brooklyn, New York (the “Building”), as further described in the Application. Host shall have use and enjoyment of the Premises during the Rental Period, subject to the terms and conditions of the Agreement.
4. Rental Fee; Date-hold Deposit; Refundable
Security Deposit; Reimbursement of Costs.
4.1 Credit Card Authorization. Host shall provide to Hoopla a credit card number, expiration date, security code, and billing name and address for a valid Visa, MasterCard, American Express Card, or Discover Card (the “Credit Card”). Host authorizes Hoopla to charge against the Credit Card the Rental Fee, Date-hold Deposit, and Security Deposit (all as defined herein). Hoopla warrants and represents that the Credit Card is and throughout the term of the Agreement shall remain valid and available for Hoopla to charge any amounts properly payable to Hoopla under the Agreement.
4.2 Rental Fee. The fee payable by Host to Hoopla for use and enjoyment of the Premises is stated in the Application (the “Rental Fee”). The amount of the Date-hold Deposit (as defined herein) is included in the Rental Fee. In addition to the use and enjoyment of the Premises during the Rental Period, the Rental Fee covers the supplemental materials, furniture, equipment and services, if any, described in the Application.
4.2 Date-hold Deposit. Upon execution of the Agreement Host shall deliver to Hoopla a check for immediately available funds in the amount stated in the Application as a non-refundable deposit in consideration for Hoopla holding the Premises available for Host’s exclusive use during the Rental Period (the “Date-hold Deposit”).
4.3 Security Deposit. Hoopla shall charge against the Credit Card the amount stated in the Application as a “Security Deposit” to secure Hoopla against any costs Hoopla may incur to correct any damage to the premises during the Rental Period and/or to restore the Premises to broom-clean condition should Host fail to do so. If Host fails to deliver the Security Deposit when it is due Hoopla may, in its sole discretion, terminate the Agreement and retain the Date-hold Deposit as liquidated damages to compensate Hoopla for the losses incurred as a result of Host’s breach of the Agreement. The Security Deposit is in addition to, and is not included in, the Rental Fee. Hoopla shall promptly refund to Host any unused portion of the Security Deposit. Nothing herein shall limit Hoopla’s rights and remedies against Host in the event the amount of the Security Deposit is insufficient to compensate Hoopla for any damage to the Premises or for any clean-up costs.
5. Restrictions on Use of the Premises.
Host shall strictly comply, and shall ensure the compliance of all persons attending the Event, with the restrictions on the use of the Premises set forth in paragraphs 5.1 through 5.12 of these Terms and Conditions. Hoopla shall have the right to terminate the Agreement immediately, expel the Host and all persons attending the Event from the Premises and the Building, and retain the Security Deposit as liquidated damages if Hoopla determines, in its sole discretion, that any such persons have violated any of these restrictions. Hoopla and its representatives shall have the right to enter the premises at will during the Event to confirm compliance with these restrictions (or for any other purpose). Host acknowledges that the Premises are monitored by video, and that Hoopla reserves the right to disclose video footage in instances of inappropriate conduct.
5.1 Host shall use the Premises solely for the purposes of the Event as described in the Application and not for any other purpose.
5.2 Host shall comply with all applicable laws, regulations, and ordinances, including in particular, but without limitation, the New York dram shop law, all state and local laws concerning public decency and/or obscenity, New York City Health Code, the New York city Fire Code, and the New York City Noise Code.
5.3 Use of any tobacco products, including e-cigarettes, in the Building or within 25 feet from the entrance to the Building, is prohibited.
5.4 Use or possession of any substance in violation of federal, state or local laws or regulations, is prohibited within the Building and within 25 feet from the entrance to the Building.
5.5 Possession of weapons, including but not limited to firearms and edged weapons, is prohibited within the Building.
5.6 Violence and any other inappropriate, disruptive, disturbing, unruly or offensive behavior, language or gestures, as determined in the sole discretion of Hoopla, are prohibited.
5.7 Host shall not sell any alcoholic beverages on the Premises.
5.8 Host shall not permit the consumption of alcoholic beverages by anyone attending the Event if any persons attending the event are younger than 21 years of age.
5.9 All amplified music must stop by 11:00 p.m. on Sundays through Thursdays and at 4:00 on Fridays.
5.10 Host shall comply with all instructions and/or orders given by officers of the New York City Police Department, the New York City Fire Department, or any other public agency having jurisdiction, concerning the conduct of the Event.
5.11 The Event may only be attended by persons invited by Host prior to the beginning of the Event. Host shall not permit entry to, and shall take all lawful steps to exclude and if necessary eject from the event any persons not invited prior to the beginning of the Event.
5.12 Host acknowledges that certain arcade games may not be operational at all times. Hoopla makes no representations with respect to the functionality or availability of any particular game or event during the Event.
5.12 Host shall not permit the use of glitter, glue or confetti in the Premises.
6. Insurance; Indemnification; Waiver.
6.1 Insurance. Not later than 48 hours before the beginning of the Rental Period Host shall deliver to Hoopla a Certificate of Insurance for a policy of Special Event Liability Insurance naming Hoopla, Brooklyn Square LLC, and their employees and agents as additional insureds, issued by an insurance carrier acceptable to Hoopla in Hoopla’s sole discretion, providing public liability and personal property coverage in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate liability coverage. If alcohol is to be served at the Event such insurance shall include a Host Liquor Liability endorsement.
6.2 Indemnity. Host shall indemnify and hold harmless Hoopla, Hoopla’s landlord, and Hoopla’s shareholders, directors, officers, agents, and corporate affiliates, from and against any and all claims, suits, liabilities, costs, and expenses, including without limitation reasonable attorneys’ fees, arising from or in connection with Host’s use of the Premises.
6.3 Waiver. Hoopla shall have no liability for or on account of any personal injury or illness sustained by Host, or by any person attending the Event, arising from any cause whatsoever unless such injury or illness was caused by Hoopla’s gross negligence of willful misconduct. Hoopla shall have no liability for or on account of any damage to, loss or theft of any belonging or personal items of Host or any person attending the Event.
7. Catering. If Host intends to serve food at the Event, Hoopla shall make available to Host at Host’s cost a party planning service to assist in the selection of food and beverages, and of any caterers that will provide them. Host shall not serve any food at the Event unless such party planning service and Hoopla shall have approved the menu and the caterer(s) in advance. Hoopla shall make kosher vendors available to Host and reserves the right to limit such vendors to those available to Hoopla.
8.1 Entire Agreement. The Agreement sets forth the entire agreement between Hoopla and Host and supersedes, replaces, and nullifies any and all prior discussions or agreements between them concerning the subject matter hereof.
8.2 Amendment. The Agreement may be amended only by a writing signed by Hoopla and Host, and no alleged modification of the terms hereof shall have any force or effect or be admitted in evidence unless it is in writing and signed by the party against whom it is asserted.
8.3 Disclaimer of Warranties. Hoopla leases the Premises “as is” and Host acknowledges that it has had a full and fair opportunity to inspect the Premises. To the greatest extent permitted by law, Hoopla disclaims any and all warranties, express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, quiet enjoyment, quiet possession, or correspondence to description.
8.4 Exclusion of Damages. Hoopla shall not in any circumstances be liable to Host, or to anyone claiming by, through or under Host, for any incidental, indirect, consequential, punitive, or exemplary damages, whether in breach of contract or in tort, or under any legal theory or cause of action whatsoever.
8.5 Severability. Should any provision of the Agreement be held to be invalid, illegal, or unenforceable for any reason, such provision shall be severed herefrom and the remainder of the Agreement shall remain in full force and effect.
8.6 Termination. The Agreement shall terminate as of the Wrap Time stated in the Application; provided, that any obligations of payment or indemnity hereunder shall survive termination.
8.7 Governing Law; Jurisdiction and Venue. The Agreement shall be governed and construed according to the internal laws of the state of New York, without reference to the conflicts of laws provisions thereof. The state and federal courts sitting in New York County shall have exclusive jurisdiction to hear and decide any disputes arising hereunder. Each party hereby waives, for itself, its successors, corporate affiliates and assigns, any and all objection to the exercise of jurisdiction by or the laying of venue in such courts.