Zing Booking Terms
This contract defines the terms and conditions under which Extreme Green Corporation, DBA Zing Social Club, (hereinafter referred to as Zing), and Customer agree to the Customer’s use of Zing facilities. This contract constitutes the entire agreement between the parties and becomes binding upon the signature of both parties. The contract may not be amended or changed unless executed in writing and signed by Zing management and the Customer.
POLICY AND GUIDELINES AGREEMENT
I have read and understood the policies concerning events held at the Zing. I agree to uphold them and ensure that contractors and members of the event party, will abide by the policies. I understand it is my responsibility to inform the coordinator, florist, photographers, etc., that they must also conform to this set of guidelines. If approved, a contract will be prepared for you to sign and submit your deposit.
Customer Approval
Terms of Use
If approved, the venue described above will be reserved for you for the date and time stipulated. Please note that the hours assigned to your event. The set-up and all clean-up, including the set-up and clean-up of all subcontractors that you may utilize, are your responsibility. 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 the venue.
Rental Deposit and Payment Agreement
If approved, the venue described above will be 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 which is your responsibility. 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 the venue.
Changes and Cancellation Policy
In the event customer changes the event date, the customer shall notify Zing immediately in writing or by email and Zing will attempt to accommodate the new date if available at no charge as long as the change is made more than 30 days before the scheduled event date.
In the event that the customer cancels the event, the deposit will not be refunded, however, the customer will be given a credit for other Zing Social Club services such as membership fees.
Conditions of Use
Renter’s activities during the Rental Period must be compatible with the use of the building/grounds and activities in areas adjacent to the Rental Space and building. This includes but is not limited to playing loud music or making any noise at a level that is not reasonable under the circumstances. Smoking is not permitted anywhere in the buildings. The Rental Space must be cleaned and returned in a condition at the end of an event to a reasonable appearance as it was prior to the rental. The customer is responsible for the removal of all decorations and trash from the property or placed in a dumpster provided on-site.
Event Setup Limitations
1. All property belonging to Customer, Customer’s invitees, guests, agents, and sub-contractors, and all equipment shall be delivered, set-up and removed on the day of the event. Should the Customer need earlier access for set-up purposes, this can be arranged for an additional fee. The Customer is ultimately responsible for property belonging to the Customer’s invitees, guests, agents, and sub-contractors.
2. Rental items must be scheduled for pick-up no later than 10 am the next business day.
3. Alcohol service must stop no later than 10:00 PM (or a maximum of 5-hours if occurring sooner).
4. Music (DJ or live music) must stop no later than 10:00 PM. Outdoor music is not permitted. DJ must comply with the directions of the Venue staff or be shut down and banned permanently from future performances at Zing.
5. All guests must be off the Zing premises no later than midnight the day of the event (except clean-up crew, with all clean-up to be done by midnight).
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Catering
The customer will be responsible for catering your event food. The caterer may not provide any alcoholic beverages. Your catering company is responsible for the set-up, break-down, and clean-up of the catered site including dishes. Please allow appropriate time for break-down and clean-up to meet the contracted timelines. All event trash must be disposed of in the provided outdoor dumpster. If the customer decides to self-cater, the customer is still responsible for all the activities listed above and should consider making arrangements to have someone perform those tasks. The caterer may not prepare food on the premises. All food must be prepared elsewhere.
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Zing does not accept any responsibility for damage to or loss of any articles or property left at Zing prior to, during, or after the event. The Customer(s) agrees to be responsible for any damage done to the Zing by the Customer(s), his guests, invitees, employees, or other agents under the Customer(s) control. Further, Zing 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 Customer(s), or any of his guests, invitees, employees or other agents from any accident or casualty occasioned by the failure of the Customer(s) to maintain the premises in a safe condition or arising from any other cause, The Customer(s), as a material part of the consideration of this agreement, hereby waives on its behalf all claims and demands against Zing for any such loss, damage, or injury of claims and demands against Zing for any such loss, damage, or injury of the Customer(s), and hereby agrees to indemnify and hold Zing free and harmless from all liability of any such loss, damage or injury to her persons, and from all costs and expenses arising thereof, including but not limited to attorney fees.
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Excuse of Performance
The performance of this agreement by Zing 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 Zing. Should the event be canceled through a Force Majeure event, including forced closure due to a Public Health Order, all fees paid by Customer to Zing will be returned to the Customer within thirty (30) days or Zing will allow for the event to be rescheduled, pending availability, with no penalty, and there shall be no further liability between the parties.
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Indemnity
Customer agrees to indemnify and hold harmless Zing, 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 Customer, and Customer’s guests, invitees, agents, and sub-contractors. In the event of litigation between the parties, the Customer agrees that the maximum compensation shall be limited to a refund of monies paid.
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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. 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.
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Insurance
Customer may choose to carry liability and other necessary insurance to protect itself against any claims arising from any officially scheduled activities during the event/program period(s), and to indemnify Zing which shall be named as an additional insured for the duration of this Contract. The insurance provider https://www.theeventhelper.com/ provides excellent rates.
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Cleanup
Customer 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 Customer, Customer’s invitees, guests, agents, 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 Zing. Should the Customer need special consideration for the removal of a property beyond the rental period, this can be arranged prior to the beginning of the event for an additional fee. Zing is not responsible for any property left behind by the Customer, Customer’s guests, invitees, agents, and sub-contractors. The Customer is responsible for any and all damages to Zing and surrounding the site. It is the Customer’s responsibility to remove all decorations and return Venue to the condition in which it was received.
The caterer or customer will be required to provide bussing service and cleaning of all dishes and silverware using the equipment in the kitchen.
Reservation of Rights
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Zing 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 Zing as set forth in this Agreement are in addition to any rights or remedies which may be available to Zing at law or equity. That includes the instant termination of the event in progress for non-compliance.
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Jurisdiction
The Parties agree that this Agreement will be governed by the laws of the State of New Mexico. The Parties consent to the exclusive jurisdiction of and venue in either the Canton Municipal Court or the Court of Common Pleas of Bernalillo County, New Mexico, and the parties expressly consent to personal jurisdiction and venue in said Court. The customer agrees to pay reasonable attorney’s fees incurred by Zing associated with any breach of this Agreement and that if litigation occurs, that the maximum damages to be paid by Zing to the customer shall not exceed the money paid to Zing.
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Alcoholic Beverages
Albuquerque Distilling shall provide the alcohol for all activities on the Zing Social Club premises, however, if the service is not in place at the time of the scheduled event, the Customer may provide alcohol for the event, but must comply with all New Mexico laws and statutes related to the service of alcohol including, and takes full liability related to the service of the alcohol and completely indemnifies Zing from any liability.
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Amenities Included
Tables, chairs, tablecloths, and sound system.
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Rules and Conditions for Usage
CANDLES: The use of any type of flame is prohibited in all buildings and throughout the site. The new “flameless candles” which are battery operated are permitted for use.
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 your children are at all times and make certain that they clearly understand The Rules (They are not permitted near the pond).
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.
CONTACT PERSON: You must designate one individual as your Contact Person. This must not be someone heavily involved in the activities of the day, as they will be too busy to effectively communicate with our on-site coordinator should problems/concerns/questions. (When questions arise, do not designate any member of your bridal party, photographer, caterer, florist, or musician as your liaison).
COURTESY PROTOCOL: Zing 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: 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: All electrical outlets on the property are available for use at an event. The vendors are welcome to inspect the locations and numbers of outlets prior to booking.
DECORATIONS: Only push-pins and drafting tape may be used to affix decorations and/or signs. Any other decorations, signage, electrical configurations, or construction must be pre-approved by Zing. 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 Customer(s) and the venue.
Note – The only adhesive material allowed on the walls 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 decorations must be freestanding. Nails and staples are not permitted at any location.
Note – The use of birdseed is permitted only outside for wedding and reception farewells. Rice, confetti, flower petals, glitter fog machines, pyrotechnics, sparklers, and blowing bubbles are not permitted inside or outside the facilities. Balloons are permitted indoors but must be removed at the end of the event.
ALL DECORATIONS MUST BE APPROVED BY ZING.
EVENT ENDING TIME: All events must end by 10:00 PM to comply with City/County sound ordinances and in order to allow for clean-up and closure of the site by midnight.
GARBAGE DISPOSAL: Trash disposal, other than the garbage disposal of items generated by the caterer, 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 Zing dumpsters.
GARDENS: Our gardens have been designed to be enjoyed by all. It is the responsibility of the parent to keep their children out of the gardens and landscaped areas.
GUESTS: We will expect visitors to conduct themselves in a mature, responsible, and respectful manner.
HANDICAP ACCOMMODATIONS: We provide level-designated parking, ramped walkways throughout the property along with suitable restroom facilities. Motorized and transport chairs can easily navigate the grounds. All venues on the property are handicapped accessible.
MUSIC AND ENTERTAINMENT: Due to the proximity of the Zing to the local neighborhood, sound considerations are a concern. Although indoor 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. The indoor music may be directed outdoors, but no amplifiers may be placed outdoors.
The Zing event coordinator will help to establish acceptable sound levels. Any complaints from neighbors or other parties may require the levels to be reduced further. Zing reserves the right to require Customer(s) to cease the music it deems inappropriate, in its sole discretion. Zing also reserves the right to require the Customer(s) to lower the sound level or cease playing music, in its sole discretion.
Note: We are keenly aware that sound travels and do, therefore, make every attempt to be considerate of our neighbors’ privacy.
PARKING: Parking is available at the designated areas on the North East side of the complex. Persons shall pull into the cables that identify parking locations. Handicap accessible parking spaces are provided at the posted areas adjacent to the sidewalks.
PETS: Sorry, absolutely no pets allowed. However, a family pet actually involved in an event will be considered.
PHOTOGRAPHY: The many natural settings around Zing were maintained and developed for the enjoyment of all events. We reserve the right for each Customer the opportunity to use any area of the complex for wedding/reception photograph sessions. All times for utilization of different areas at Zing will be coordinated with the schedule for each venue’s Customer. We also reserve the right to use any photographs or other media reproductions of an event taken by your photographer or ours in our publicity and advertising materials.
REFRIGERATOR / FREEZER SPACE: Each venue has, at a minimum, a standard residential refrigerator for that venue’s use. Each venue is also provided with a minimum of one chest cooler at the Bar Serving Area. Each event is responsible to provide its own ice (there is not a commercial ice maker on-site). Outside beverages are prohibited. Caterers are expected to make their own food accommodations including but not limited to the cleanup of all dishes.
RENTAL SPACE CHANGES: Any contents or furniture movement must be pre-approved by Zing. It is the Customer’s responsibility to restore all areas to their original appearance. Placements of tables, tents, live music, catering equipment, etc., must also be approved by the Zing planning staff.
SIGNAGE: You may post your group’s sign or hang balloons at the front entrance, but please do NOT attach anything to or cover up our entrance sign, or nail or screw anything to the trees.
SMOKING: Zing is a non-smoking facility. Ash-buckets will be provided and smoking permitted in the patio areas only.
SECURITY: A security guard/s will be present for all events where alcohol is served (such as wedding receptions, fundraisers, wine tastings, corporate parties, or receptions). This service is non-negotiable. The cost of the service is included as part of the venue rental (unless noted otherwise).
CATERING: The catering service areas in each of the venues are not intended to be used as a kitchen for meal preparation.
SPEED LIMIT: The speed limit on the Zing complex is 5 mph and is strictly enforced for the safety of your guests.
TABLES AND CHAIRS: Zing is providing tables and chairs as part of our rental package unless noted otherwise. Each venue will be provided only the maximum number of chairs based on the contract amount.
TOILETS: Each venue has adequate toilets for its occupancy.
WEATHER: The weather is usually suitable for outside events, but if in-climate weather develops suddenly, the event may be used to the indoor space.
WEDDING REHEARSAL: In order to not conflict with other venue rentals, rehearsals are planned for Thursday evenings (unless a different date is approved). Zing may be available for on-site rental to accommodate a dinner event after the wedding rehearsal for an additional fee. The complex must be vacated after completing the rehearsal program. The main event halls will not be available to decorate after the rehearsal.
LOGISTICAL PLANS: The Zing planning team must review and approve all proposed logistical plans for the use of the premises a minimum of thirty (30) days prior to an event.
FORM APPROVED BY THE ZING MEMBERSHIP COMMITTEE 2/15/2021
