CATERING POLICIES

General Information

Please take the time to familiarize yourself with our policies. So that we may execute all events with the utmost in professionalism, we require adherence to our deposit and guarantee policies.

These menus are only a guide. We can tailor any menu to meet your individual catering needs.

Deposit Policy

A $500.00 deposit is due upon the signing of your Food and Beverage contract. The balance will be charged to a credit card at the end of the event. Any additional charges incurred during the function will be charged to the credit card. Tax exempt certificates must be provided during initial booking.

Guarantees

Ten (10) business days prior to your function, please advise the Catering Sales office of the exact number of guests attending your event. This number will constitute the guarantee, not subject to reduction, and charges will be made accordingly. If not guarantee is received at the appropriate time, the expected attendance will be used as a guarantee. If the number of guests served the day of the event is higher than the number guaranteed, charges will be adjusted accordingly.

Cancellation Policy

Full charges will be applied to cancellation of meals received within 72 hours prior to the function. The company shall be permitted to cancel the agreement without liability.

Bartender Charges

A bartender fee of $75.00 per bartender (based on a four hour minimum) shall apply to all bar functions. Should sales per bar exceed $350.00 during total hours of operation, the fee shall be waived. Additional labor hours will be charged at $35.00 per hour per bartender.

Price Quotations

The quotation herein is subject to a proportionate increase to meet increased costs of foods, beverages, and other costs of operation existing at the time of performance of our undertaking by reason on increases in present commodity prices, labor costs, taxes or currency values. Patron expressly grants the right to the company to raise the price herein quoted or to make reasonable substitutions on the menu and agrees to pay such increased prices and to accept such substitution.

Responsibility

Legends Hospitality is not responsible for damage or loss of any property in possession of patron or guest prior to, during, or following the function.

Payment Policy

Terms and Conditions

All food and beverage is provided to you by Legends Hospitality and is subject to an 18% service charge and 7.5% sales tax. No food or beverage may be brought into or allowed out of the BB&T Stadium. Upon signing this contract, a 50% deposit is required, along with a valid credit card number. The remaining balance is due on the day of the event and will be applied to your credit card.

The applicable North Carolina sales tax will apply to all food, beverage, labor, equipment rentals and service charges. The 18% service charge will apply to all services provided by Legends Hospitality.

Legends Hospitality Representative: ________________________________________________ Date: ________________________

Client: __________________________________________Date: ________________________

Credit Card No. __________________________________ Exp.Date: _____________________

LEASE AGREEMENT

THIS LEASE AGREEMENT (the “Lease”), MADE THIS day of , 2016 between Sports Menagerie, LLC (“Lessor”), which leases and has the right to sublease BB&T Ballpark (the “Ballpark”) and (“Lessee”).

For and in consideration of the rent hereinafter specified to be paid by Lessee and the covenants, promises and agreements hereinafter set out to be kept and faithfully performed by Lessee, the parties agree as follows:

1. RENTAL: Lessor does hereby demise and lease unto the Lessee and the Lessee does hereby lease from the Lessor, the portion of the Ballpark described on Exhibit A (the “Leased Facility”), including the temporary seating, entrances and hallways, lighting, air conditioning, water, electricity, and heat if necessary, sufficiently in advance of each event. The Leased Facility shall mean and include the Leased Facility and any of the above listed services or spaces as necessary for the use of the Leased Facility. A deposit will be due (as defined on Exhibit A) upon signing of lease agreement and the remaining outstanding balance will be due 30 days prior to event.

2. PURPOSE: The Leased Facility is leased to Lessee for the sole purpose of holding the event described on Exhibit B (the “Event”).

3. DURATION: This term of this Lease is for the duration of the Event on the dates and for the times specified on Exhibit B. The Lease shall begin at the beginning of the “Setup Period” and terminate at the end of the “Clean Up Period” (as defined on Exhibit B) (the “Term”). Lessee, and persons associated with Lessee, may enter and use the Leased Facility only for the Term of this Lease.

4. LESSEE RESPONSIBILITIES: Except to the extent Lessor is providing staffing and other services as described on Exhibit C or elsewhere in this Lease, Lessee shall be responsible for providing all staffing and services during the event, including without limitation for security, parking, wait service, guides, set up and clean up.

5. EXCLUDED AREAS: Unless otherwise stated on Exhibit A and except for such use as is necessary to access the Leased Facility, this Lease is exclusive of lobbies, general offices, maintenance areas, hallways, corridors, locker rooms, dugouts, suites, the field and all other space inside and outside the Ballpark, which spaces are expressly reserved by Lessor for its own exclusive use. Authorized Lessor personnel shall have free access at all times to the Ballpark and the Leased Facilities.

6. RENT: Rent for the Leased Facility for the Term of this Lease shall be as set forth on Exhibit A.

7. INSURANCE: Lessee shall obtain and at all times during the term of this Lease keep in full force and effect comprehensive general liability insurance policies (including an endorsement for personal injury) with liability coverage in the amounts of at least $500,000 for each person, $1,000,000 per occurrence, $500,000 property damage for each occurrence and $1,000,000 in the aggregate. Upon request of Lessor, Lessee shall name Lessor as an additional insured, as its interest may appear, on the policies described in this Section 7 and shall provide a certificate of insurance. Each policy on which Lessor is named shall provide for thirty (30) days prior written notice to the other party of any cancellation or change in such policy.

8. TERMINATION:
a) BY LESSEE: If the Event is cancelled for any reason (other than the fault of Lessor), Lessee shall forfeit all deposit payments previously made. Lessee shall reimburse Lessor for all expenses incurred by Lessor in connection with the Event and preparation for the Event. If the Event is cancelled less than 24 hours before the Event, Lessee will pay full rental fee.

b) BY LESSOR: Except as set forth in Section 8(c), if the Event is cancelled for any reason by Lessor, Lessor shall return any deposits made by Lessee. Lessor will not be liable for any damage, loss or expense incurred by Lessee as a result of termination of this Lease.

c) If the Leased Facility or any part thereof is destroyed or damaged by fire or by any other cause, or if any other casualty, riot or civil disturbance, strike, act of God or other unforeseen occurrence shall render the fulfillment of this contract by Lessor impractical or result in cancellation of the Event, Lessor shall not in any case be liable or responsible to Lessee for any damage, loss or expense caused thereby. Upon any such cancellation, Lessor shall return any portion of the Rent or deposits previously paid or cooperate with Lessee to reschedule the Event.

9. OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS: Lessee and its agents, guests and employees will observe and comply with all laws, ordinances, rules, regulations and operating policies relevant to the Ballpark and Lessee’s event, including without limitation all laws, ordinances, rules and regulations adopted or established by the United States, the State of North Carolina, the City of Winston-Salem, Forsyth County, the Forsyth County Health Department, Winston-Salem Police and Fire Departments and the North Carolina Alcoholic Beverage Control Commission. Lessee will obtain at its own expense all licenses, permits and union and trade organization clearances required by any public body or by contract for use by the Lessee of the Leased Facility, except that Lessor shall be responsible for all licenses required to provide any Food and Beverage Services (as defined below), including such permits, licenses and bonds required to store, dispense and sell alcoholic beverages.

10. PARKING: Lessor reserves the right to charge an established fee as described on Exhibit A to each motor vehicle entering the Ballpark lots (including all parking lots surrounding the Ballpark and staffed by Lessor). All parking revenues remain the exclusive property of Lessor.

11. CATERING (FOOD AND BEVERAGE SERVICE): Lessor shall operate all Food and Beverage Services (as defined and described on Exhibit C) and shall retain all revenues derived therefrom. Lessee shall not bring, sell or give away any food, refreshments, beverages (including alcoholic beverages), tobacco products, adhesive decals or stickers, helium balloons, or any other materials without the prior written consent of Lessor.

12. STAFFING/EQUIPMENT: Lessor shall provide the staffing and equipment described on Exhibit C.

13. SIGNS AND DECORATIONS: Lessee will not post or erect any decorations, signs, advertisements or posters of any kind or description in or around the Ballpark unless specific, prior written approval has been obtained from Lessor. Lessee may not affix any approved decorations with nails, tacks, staples or brads to any part of the Ballpark. Adhesive decals, stickers and the like are strictly forbidden within the Ballpark.

14. BUILDING OR EQUIPMENT DEFACEMENT: Lessee agrees not to damage, mar or in any manner deface the Ballpark, including the Leased Facility, or its equipment and shall not cause or permit anything to be done whereby the Ballpark, including the Leased Facility, or its equipment shall be in any manner injured, damaged, marred or defaced (including as described in Section 13), nor shall Lessee be allowed to make any alteration of any kind to the Ballpark, including the Leased Facility, without prior written permission of the Lessor. Damage to the Ballpark or its equipment shall be the responsibility of Lessee. If the Leased Facility or any portion of the Ballpark is damaged by the act, omission, default or negligence of Lessee, or of Lessee’s employees, agents, invitees, patrons, guests, licensees, contractors, representatives or any other person subject to Lessee’s control or admitted to the Ballpark by Lessee, Lessee will pay to Lessor, upon demand and in cash, a sum equal to the cost of repairing and restoring the Ballpark, including the Leased Facility.

15. INDEMNIFICATION:
a) Lessee shall be liable for all damage to the Ballpark, including the Leased Facility, incident to Lessee’s rental under this Lease and shall indemnify Lessor for expenses arising out of or resulting from such damage.

b) Lessee will indemnify, defend and hold harmless Lessor and its owners, shareholders, partners, members, officers, directors, employees, agents, representatives, contractors, affiliates, subsidiaries, successors and assigns (the “Lessor Parties”), from and against any and all liability, loss, cost, expense (including outside attorneys’ fees), arising out of or in connection with any claim, demand, action, cause of action, suit or proceeding brought or instituted by any third party relating to: (i) any action or failure to act on the part of the Lessee, its employees, agents, invitees, patrons, guests, licensees, contractors, representatives or any other person subject to Lessee’s control or admitted to the Ballpark by Lessee during or relating to Lessee’s occupancy, use or maintenance of, or activity upon or involving the Ballpark, including the Leased Facility; (ii) any breach by Lessee of any of its material obligations, representations or warranties under this Lease; or (iii) any injury, illness or death of any person, or any damage or destruction of any property, at the Ballpark during the Term to the extent that any of the same results from Lessee’s, or its employees, agents, invitees, patrons, guests, licensees, contractors, representatives or any other person subject to Lessee’s control or admitted to the Ballpark by Lessee, activities at the Ballpark under this Lease, including as a result of the use or sale of alcoholic beverages.

c) Lessee shall reimburse Lessor for all costs and expenses, including but not limited to reasonable attorney’s fees, incurred by Lessor in pursuing or defending any claim arising out of Lessee’s performance, or lack thereof, under the terms of this Lease.

d) This Section 15 shall survive any termination of this Lease.

16. RESPONSIBILITY FOR PERSONAL PROPERTY: Lessor shall not be responsible for any loss or damage to personal property belonging to Lessee, its employees, agents, invitees, patrons, guests, licensees, contractors, representatives or any other person subject to Lessee’s control or admitted to the Ballpark by Lessee, and Lessee shall indemnify and hold Lessor harmless from any and all claims arising out of loss or damage to such personal property. Lessee shall remove from the Leased Facility immediately upon the termination of this Lease all property belonging to Lessee and all property brought into the Ballpark, including the Leased Facility, by Lessee or by persons associated with Lessee in its use and occupancy of the Leased Facility. If Lessee fails to remove all such property, Lessor shall have the right to remove and store any such property at Lessee’s expense.

17. ASSIGNMENT AND SUBLETTING: It is expressly understood and agreed by the parties that Lessor may transfer or assign this Lease in connection with the sale or transfer of the Ballpark. This Lease shall not be assigned by the Lessee nor shall the Leased Facility be sublet without the prior written consent of Lessor. Any purported assignment or subletting not permitted by this Lease shall be of no force and affect.

18. WAIVER: Waiver of one or more terms or conditions of this Lease shall not be deemed a modification or waiver of any of the other provisions of this Lease, nor will it be construed as a waiver of any future exercise of any right, power or remedy. No waiver shall be effective or binding upon Lessor unless it is in writing duly executed as an amendment to this Lease. No delay of or omission in the exercise of any right, power or remedy accruing to any party under this Lease, and no acceptance of Rent by Lessor, will impair any such right, power or remedy, nor will it be construed as a waiver of any future exercise of any right, power or remedy.

19. AUTHORITY: Lessor and Lessee each represent and warrant to the other party that they have all necessary right, power and authority to enter into this Lease and to fully perform each and all of their respective obligations hereunder and to grant to the other party all of the rights, privileges and benefits provided for in this Lease. Each party to this Lease represents that it is a sophisticated commercial party capable of understanding all of the terms of this Lease, that it has had an opportunity to review this Lease with its counsel, and that it enters this Lease with full knowledge of the terms of the Lease.

20. MISCELLANEOUS:
a) The headings contained in this Lease are for reference and convenience purposes only and are not to be used or construed in the interpretation of the terms and provisions of this Lease.

b) This Lease will be governed by and construed in accordance with the internal substantive laws of the state of North Carolina, without regard to choice of laws or rules.

c) Smoking is prohibited in all areas of the Ballpark.

d) No equipment, device or fixture may be used by Lessee that endangers the structural integrity of the Ballpark or its utilities.

e) No agent, servant or employee of Lessee shall under any circumstances be deemed an agent, servant or employee of Lessor and no agent, servant, or employee of Lessor shall under any circumstances be deemed an agent, servant or employee of Lessee.

f) It is understood and agreed that the parties hereto are independent contractors and this Lease shall not in any way form a partnership or joint venture.

g) This Lease expresses and contains the entire agreement between the parties, and supersedes and replaces any prior or contemporaneous agreements, understandings or arrangements between the parties, whether verbal or written. This Lease may not be modified or amended except by a written instrument signed by both parties. This Lease supersedes, and cannot be varied, contradicted or supplemented by evidence of any prior or contemporaneous discussions, correspondence or oral or written agreement of any kind.

h) In case any provision of this Lease will be invalid, illegal or unenforceable, such provision will be severed from this Lease. The validity, legality and enforceability of the remaining provisions of this Lease will not in any way be affected or impaired thereby.

i) This Lease may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute the same Lease. Any signature page of any such counterpart, or any electronic facsimile thereof, may be attached or appended to any other counterpart to complete a fully executed counterpart of this Lease, and any telecopy or other facsimile transmission of any signature will be deemed an original and will bind such party.

j) Subject to the restrictions on transfer and the other assignment provisions expressly provided for in this Lease, this Lease will be binding upon, and will inure to the benefit of, the parties hereto and to their respective successors and permitted assigns.

k) Lessee grants Lessor and its designees unrestricted right to use Lessee’s name, voice, image and likeness in any recording taken at the event, for any purpose and in any media known or subsequently developed.

[Signature Page Follows]
The parties have executed this Lease as of the date first set forth above.

Lessor:

Sports Menagerie, LLC d/b/a Winston-Salem Dash

By:
Lessee:

_____

By:
Name:
Title:

EXHIBIT A

Leased Facility:

Womble Carlyle Club

Rent:
Rent shall be the sum of the following as set forth below:

Other Staffing and Equipment: $_______
Facility Use Fee: $1500.00

TOTAL RENT: $_______

Deposit to be paid upon execution of this Lease: $1,800.00*

Parking Fee:
Not applicable

Contact Information:

Contact Name:
Title:
Alternative Contact:
Company:
Address:

Email:
Office Phone:
Cell Phone:

EXHIBIT B

Event:
Day/Date:
Term:

EXHIBIT C

Catering:
Lessee must purchase all catering services (including alcoholic beverages) from Legends Hospitality (Lessor’s Concessionaire) and Lessee will be responsible for coordination of catering menu with a representative of Legends Hospitality.

Lessor shall also provide the following additional staffing and equipment for use during the Event and during the Setup Period and the Clean Up Period:
[Staff and equipment Lessor will provide, including parking attendants, tour guides and other guidance in the Ballpark, security, audio/video and other entertainment, etc. will be determined in first meeting].