TERMS AND CONDITIONS FOR CHASE CENTER SINGLE-EVENT SUITE RENTAL (“TERMS”)Last updated: May 6, 2021
By renting one or more suite(s) (“Rental Suite”) for an event (“Event”) at Chase Center (the “Arena”), I (“Licensee”) hereby agree to the following provisions:
Admission; Access: Licensee’s right of access to the Rental Suite shall be solely by presentation of passes for the Event (“Passes”). Licensee and the Licensee Parties (as defined below) will have access to the Rental Suite from the time the Arena is open to the public for the Event until 60 minutes after the conclusion thereof, which period may be decreased under special circumstances by Golden State Warriors, LLC (“Licensor”), acting in its capacity as servicer and marketing agent for, and on behalf of, GSW Arena LLC. Except for rights granted herein, Licensor will have the exclusive right to control the use and occupancy of the Rental Suite and all other portions of the Arena at all times, and to access and grant access thereto as it deems necessary or advisable, including during the Event.
Liability: Licensee shall be responsible for all damage caused by Licensee or any Licensee Party to the Arena or to the Rental Suite, or to any fixtures, furnishings, equipment or other property in either the Arena or the Rental Suite. None of the Licensor Indemnitees (as defined below) will be responsible for (i) any damage, theft or any other loss or disappearance from the Rental Suite or the Arena of any property of Licensee, its employees, officers or representatives or any of their guests or invitees (the “Licensee Parties”) or (ii) any injury to Licensee or any Licensee Party. Attorneys’ Fees: Licensee shall pay all costs and expenses, including without limitation attorneys’ fees, incurred by Licensor to enforce these Terms and in conjunction with the above indemnity provision.
Rules, Regulations and Policies: Licensee shall comply with all applicable governmental laws and orders, and with the rules promulgated by Licensor relating to the use and occupancy of the Rental Suite, including, without limitation:
a) maintenance of proper decorum by Licensee and the Licensee Parties so as not to interfere with Licensor’s business or the enjoyment of the Event by, and the safety of, all other persons in the Arena;
b) refraining from making any improvements, alterations or additions to the Rental Suite (including refraining from displaying any artwork, picture hangings, wall coverings, signs, notices, advertisements or other visible items in or around the Rental Suite) or to the fixtures, equipment, furnishings or anything else provided by Licensor contained within the Rental Suite (or removing any of the foregoing);
c) refraining from bringing any food, liquor, beverages, utensils or cooking equipment into the Arena without Licensor’s prior written approval;
d) ensuring that (i) no person under the age of eighteen (18) is permitted to use the Rental Suite unless accompanied and supervised by a parent or guardian and (ii) no person under the age of twenty-one (21) or the legally-permitted drinking age in effect from time to time consumes alcoholic beverages in the Rental Suite;
e) ensuring that neither Licensee nor any Licensee Party records, captures, encodes, streams, rebroadcasts, or transmits any Event or any portion thereof; and
f) ensuring that neither Licensee nor any individual or entity to whom Licensee distributes any Passes (“Distributees”) shall sell or offer to sell such Passes or advertise or use such Passes for sweepstakes or any other promotional, commercial or trade purposes whatsoever.
Prohibition on Resale. Licensee is licensing the Rental Suite solely for its use and the use of the Licensee Parties and shall not sell to the public, offer or agree to sell to the public, or permit any public sale of, whether voluntary or involuntary, any tickets issued to Licensee pursuant to these Terms.
Indemnification. Licensee shall hold Licensor, its parent and affiliated entities and their respective directors, managers, members, officers, employees, servants and agents (collectively, the “Licensor Indemnitees”) harmless from and indemnify same against any and all claims, suits, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) of any kind whatsoever arising out of or in connection with (i) any act or omission, negligence or wrongdoing of Licensee or any of Licensee’s Guests or (ii) any taxes levied by any governmental authority by virtue of Licensee’s use of the Suite, and Licensee shall, at its sole cost and expense, defend and protect the Licensor Indemnitees against any and all such claims.
As-Is; Repair. Licensee is hereby agreeing to use the Rental Suite “AS IS” based on Licensee’s own investigation and not in reliance on any representations or warranties by Licensor or its employees or agents not expressly set forth in these Terms. Licensee shall, within 30 days of notice from Licensor, bear the expense of any maintenance and repair of the Rental Suite and any other portion of the Arena caused by any negligent or intentional acts or omissions of Licensee or any Licensee Party, which expense may, at Licensor’s option, be increased in the amount of a Licensor’s administrative expense of 15%.
Force Majeure. If Licensor is prevented from performing any of its obligations hereunder because of an Act of God, natural disaster, national emergency, war, acts of terrorism (or related security or safety concerns), strike, lockout or other labor disputes, or any other cause beyond the control of Licensor (each, a “Force Majeure Event”), Licensor shall have no obligation or liability to Licensee as a result thereof. In addition, with respect to any and all services, whether furnished by Licensor to Licensee with or without charge, Licensor shall in no event be liable for a failure to provide such services, or for the acts or omissions of any person or entity with respect to such services, resulting from a Force Majeure Event.
Representations and Warranties. Licensee hereby represents and covenants to Licensor that: (a) Licensee has not entered into, nor will it enter into, any arrangements or agreements by which Licensee and any other party or parties share the costs attributable to the Rental Suite in consideration for the use of the Rental Suite; (b) Licensee shall comply with all applicable laws in exercising any rights and/or carrying out its obligations hereunder; (c) Licensee has the full rights and legal authority to enter into and fully perform its obligations hereunder in accordance with its terms; (d) Licensee’s obligations hereunder are valid, legal and binding, enforceable against Licensee; and (e) the performance by Licensee of its obligations hereunder has been duly authorized by all necessary persons, parties or entities. The parties make no representations or warranties other than the express warranties stated hereunder.
Miscellaneous. These Terms shall be governed by and interpreted in accordance with the internal law of the State of California, without regard to its conflict of law provisions. In the event that suit shall be brought by any party hereunder, the parties agree that trial of such action shall be exclusively vested in a state court in the County of San Francisco. These Terms (i) set forth the entire understanding of the parties relating to the subject matter hereof, (ii) supersede all prior agreements, arrangements and understandings relating to the subject matter hereof and (iii) shall not be amended, nor may any terms be modified or waived, except by a writing executed by the party to be charged. All rights and remedies hereunder shall be cumulative so that no such right or remedy shall be in limitation or derogation of any other such right or remedy. Any consent, approval or permission required of Licensor hereunder shall be given or withheld in the sole discretion of Licensor. Licensee shall be deemed to be an independent contractor and shall not be deemed to be Licensor tenant, employee, or agent.