AVONLEA HOMEOWNERS ASSOCIATION COMMUNITY CENTER RENTAL AGREEMENT


AVONLEA HOMEOWNERS ASSOCIATION COMMUNITY CENTER RENTAL AGREEMENT

 

Permission is hereby requested by: 

Name:  

Address:  

Phone:  

Email:  

to use the AVONLEA HOMEOWNERS ASSOCIATION Center according to the following specifications:

DATE OF ACTIVITY:

RENTAL PERIOD (TIME):   -  

PURPOSE OF ACTIVITY:                                  

ANTICIPATED NUMBER OF PERSONS:  

(Not to exceed 109 persons)

ALCOHOLIC BEVERAGES TO BE PRESENT:    IF YES, then EXHIBIT D below must be completed.

RENTAL FEE CHARGE: $200.00

SECURITY DEPOSIT:$400.00 

The Avonlea Homeowners Association (hereinafter referred to as the "Association") and the undersigned resident(s) (hereinafter referred to as the "Agreement Holder") hereby agree to the following terms and conditions of this Community Center Rental Agreement (hereinafter referred to as the "Agreement"):

  1. The Agreement Holder and his/her guests will have exclusive use of the Community Center and its facilities as defined in the Policy and acknowledged in Exhibits A and C during the Period described above.
  2. The Agreement Holder hereby agrees to comply with all local and state laws, order, or governmental regulations and/or ordinances. The Agreement Holder also agrees to abide by the rules and regulations of the Association for the use of the Community Center, which are adopted from time to time, and the stipulations of this Agreement. The Association has the right to modify the rules and regulations from time to time and shall have no liability to the Agreement Holder for its enforcement or waiver of such rules and regulations. The Agreement Holder hereby agrees and certifies that he/she has received and reviewed a copy of Policy Resolution No. 1.
  3. All personal property placed at the Community Center or elsewhere upon the Association's property shall be placed at the Agreement Holder's risk or at the risk of the person owning such property, and the Agreement Holder agrees to hold the Association harmless and without fault or liability for any loss or damage,  direct or indirect,  which occurs as a result of theft or damage to said property.
  4. NO pets or animals shall be brought in the Community Center except service animals.
  5. The Agreement Holder agrees to be present thirty (30) minutes prior to the reserved time of this agreement to conduct a pre-use inspection of the Community Center and its facilities with the designated Association representative to note the condition of the facilities prior to commencement of the Rental Period.
  6. The Agreement Holder understands and is aware that the designated Association representative may visit the event/function during the Rental Period to monitor compliance with this Agreement.
  7. The Agreement Holder hereby agrees that the Community Center and its premises will be used only for the purpose indicated above and that any use contrary to such purpose may result in forfeiture of a portion or all of the security deposit paid by the Agreement Holder.
  8. The Agreement Holder hereby agrees that the designated Association representative, at his/her discretion, may terminate the Rental  Period  at any point  in time if he/she feels that the activities of the Agreement Holder or his/her guests or invitees are in violation of any of the Association's legal documents, rules and regulations or County ordinances, or if the activities are deemed contrary to the best interests of the Association. The designated Association representative may terminate the Rental Period if such activities are deemed to put the Center, its property, or the Agreement Holder or his/her guests or invitees at unusual risk. In such instances, no portion of the rental fee will be refunded.  In addition, the security deposit will be held pending the decision of the Board of Directors as to the amount of any penalty, if any, to be deducted as a result of such activity.
  9. The Agreement Holder hereby agrees to exercise due care in using the premises, and the Agreement Holder also agrees that the furniture, appliances, fixtures, and appurtenances are under his/her control, and therefore, the Association is not liable to the Agreement Holder, his/her guests, servants, or invitees for any damage whether to person or property caused by the failure of any plumbing, heating, sewage, electricity, water or gas systems or for failure  of any other fixture. In addition, the Agreement Holder agrees to indemnify and hold the Association harmless and without fault or liability for any loss or damage, direct or indirect, which occurs during the Rental Period from either personal or property damage sustained by the Agreement Holder, his/her guests, invitees or servants.  Moreover, the Agreement Holder shall indemnify the Association for any and all costs or expenses, including but not limited to attorney's fees, that are incurred by the Association arising out of any claim by it against the Agreement Holder, his/her guests, invitees, or servants.
  10. The  Agreement  Holder   hereby    understands   that   emergencies should be reported immediately to:
      1. FIRST: to the Police or Fire/Rescue (as appropriate) by dialing 911.
      2. SECOND:to the designated Association representative for the function/event. the Agreement Holder must complete an Incident Report documenting the emergency and/or accident

      3. THIRD: All accidents, no matter how small, should be logged and explained in detail on an Incident Report and the procedures followed that appear on the reverse side of the report form.

  11. The Agreement Holder hereby acknowledges that this Rental Agreement cannot be assigned or transferred to another resident or homeowner of the Association.
  12. There will be an automatic $200.00 fine levied if people are seen playing on the gym equipment during the clubhouse rental. It is the responsibility of the agreement holder to ensure this does not happen.  There is no exception to this policy.
  13. The amount of the security deposit is $400.00:
    • In the event of a cancellation, the security deposit shall not be refunded unless the Agreement Holder gives the Association's managing agent written notification of his/her intention not to use the Community Center during the Reserved Period at least ten (10) business days prior to the Reserved Period.
    • The security deposit shall be refunded only if the premises, furniture, appliances, fixtures and appurtenances are found, upon post-use inspection, to be in the same condition as at the commencement of the Rental Period as listed on the pre-use inspection - ordinary wear and tear expected.
    • The security deposit shall not be considered liquidated damages and the Agreement Holder hereby agrees that he/she shall be responsible for any and all damage in excess of the amount of the security deposit.
    • The Agreement Holder may elect to have the facility cleaned by the Association's designated cleaning contractor by paying a $200.00 fee, which must be paid while payment is made for the rental fee and security deposit. If cleaning services exceeding $200.00 are required, that amount will be deducted from the security If the Agreement Holder elects to clean the facility and the facility is not restored to its pre-use condition, the Association will have the facility cleaned and deduct the cost from the security deposit. The Agreement Holder is responsible for removing all personal property at or before the designated end time of the reserved time period. The Agreement Holder must bag all trash and place trash in the trash containers located in the rear of the community center at the bottom of the steps for removal by the Association's cleaning contractor.
    • The Agreement Holder agrees to vacate the Center and its premises at or before the designated end time of the reserved time period. Failure to do so will result in a charge of $100.00. Such charge will be deducted from the security deposit.

The Rental Agreement is not an interest in real estate but an agreement for the use of the Premises. If the Association breaches its obligations under this Rental Agreement, the parties hereto agree that the Association's liability for damages shall be limited to the amount of the Fee(s) paid and the Security Deposit paid. If more than one individual constitutes the Agreement Holder, the singular context will be construed to be plural whenever necessary, and the covenants of the Agreement Holder will be joint and several obligations of the individual members thereof.

 

Date:

 

 

____________________________________________________________________________________________________

Exhibit C

Avonlea Homeowners Association Community Center

Rental Agreement Holder Responsibilities Acknowledgement

 

  1. The Agreement Holder executing the Agreement must be in attendance at said activity and adhere to the hours on said Agreement.
  2. All events/activities must end, and the building and premises vacated after the end of the Rental As a matter of com1esy to the community, please vacate the premises quietly.
  3. There will be a pre-use inspection of the Center and the premises with the Agreement Holder and the designated Association representative. Upon entry, Agreement Holder should note any apparent vandalism or any cleanliness deficiencies on the inspection form.
  4. Agreement Holder must not allow more than the maximum number of persons permitted by law to occupy the building during the Rental Period; and is responsible for the cost and consequence of any legal action initiated by the Association or Loudoun County for violation of occupancy limits.
  5. Except where such fees are incidental to Association-sponsored activities, no admission fees or any fund transfers which might be construed as admission fees whatsoever shall be collected for use of the Center by the Agreement Holder.
  6. Any event or activity intended to be attended by persons under 21 years of age shall be attended by a minimum of two adult chaperones over the age of twenty-one (21), one of whom must be a member of the Association, whose names and signatures will appear on the Association Community Center Rental Agreement application. Additional chaperons are required at a rate of one (1) Adult chaperon per ten (10) youths attending the event, or any portion thereof. As indicated in the Rental application the individuals whose names appear on the rental application must be present for the duration of the event. Absolutely no alcohol is permitted at such events.
  7. All Association chairs, tables, and equipment shall be returned to proper storage areas following each reserved use, and under no circumstances shall chairs, tables, or other equipment belonging to the Association be removed from the Center.
  8. If auxiliary lights or sound equipment are contemplated for use during any of reserved time, the Association's managing agent shall be notified three (3) days in The managing agent reserves the right to conduct an inspection of the decorations or equipment to be used by a representative of the Loudoun County Fire Department or by a licensed electrician. A fee to cover the cost of such inspection shall be levied against the Agreement Holder.
  9. ABSOLUTELY no objects such as nails, tacks, scotch tape, candles, or substances which cause permanent damage shall be placed on the walls, ceilings, or window surfaces. Decorations shall be removed entirely immediately following the reserved use of the Center. Under no circumstances shall any group make any structural or electrical alterations in the Center, except by written permission from the Association's Board of Directors.
  10. Paints, acids, and all other supplies and materials which present a clear damage potential are prohibited from the Center during times of reserved use.
  11. All refuse and personal property of the Agreement Holder(s) and their guests and invitees shall be removed from the Center immediately following the reserve use of the Center. The Agreement Holder(s) are responsible for providing their own trash bags for the removal of refuse.
  12. Each Agreement Holder shall be personally responsible for knowing the location of and proper use of the Center's fire extinguishers.
  13. Loudoun County noise ordinances prohibit loud noise which may disturb residents of the community, and the Agreement Holder is required to adhere to the requirements of this ordinance.
  14. The designated Association representative is required to visit all events/functions only in a manner to monitor compliance with the Agreement and Association rules and regulations.
  15. The pool facility, locker rooms, retail commercial space and Fitness facility are not included in the Rental Agreement.
  16. The Center is a non-smoking facility.

I UNDERSTAND THAT FAILURE TO COMPLY WITH ANY OR ALL OF THESE RULES MAY RESULT IN THE IMMEDIATE TERMINATION OF THE FUNCTION/EVENT, DENIAL OF FURTHER USE OF THE BUILDING, RELINQUISHMENT OF SECURITY DEPOSIT AND/OR OTHER FEES OR PENALTIES BEING IMPOSED BY THE ASSOCIATION AS APPROPRIATE.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT HOLDER'S RESPONSIBILITIES: 

____________________________________________________________________________________________________

EXHIBIT D

 AGREEMENT FOR SERVICE OF ALCOHOL AT ASSOCIATION FACILITY (CONCERNING THE PROVISIONS OF WINE AND BEVERAGE SERVICES FOR A SINGLE DATE EVENT)

 

THIS AGREEMENT (“Agreement”) made this  day of  , , by and between Avonlea Homeowner Association, Inc., a Virginia Nonstock Corporation ("Licensor") and , an individual (“Licensee”) for the provision of beverage services at the Association located at  _______________________________________________________________ (“Club House”).

 

Licensor is the owner of all Club House facilities at the Avonlea Homeowner Association, Inc., located at _______________________________________________________________ (“Club House”)

 

Licensee desires to use and Licensor is willing to license certain portions of the common areas of Avonlea Homeowners Association, Inc., governing the provision of alcoholic beverages at the Club House which are as follows:

  1. Licensee: Name Address Telephone
  2. Licensee - shall rent the Club House and provide alcohol on the premises either directly or indirectly. Such alcohol shall be provided in accordance with the highest industry standards and in accordance with all applicable, Federal, State and Local laws. There will be approximately people in attendance at the Event.
  3. Licensee's Obligations: Licensee shall be solely responsible for and liable for all of the following, namely: (a) satisfying the requirements of laws, rules and regulations of governmental authorities with respect to the use of the license area, and the operation of the event, including any noise ordinances: and (b) confirming that each person it intends to serve alcohol may lawfully consume alcohol in the Commonwealth of Virginia. Licensee shall not be allowed under any circumstances to sell alcoholic beverages in the Club House or to charge an entry fee for an event serving alcoholic beverages. Licensee shall be solely responsible for any and all damages to the Club House by the Licensee, its contractors, family members and invitees.
  4. Insurance: If there shall be a charge either for alcohol or for attending the event, Licensor either shall (1) provide at its own expense; or (2) require Licensee's vendor, to provide proof that it carries comprehensive general liability insurance and liquor liability insurance valid at the time of  the license period with limits, per occurrence, of not less than $1,000,000, combined  single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible and shall name Licensor as additional insured. Licensee's catering service shall also provide proof that it carries insurance coverage for products liability claims in at least $1,000,000 automobile liability coverage in at least $1,000,000, workers compensation insurance and employer’s liability insurance.  Licensee’s catering service shall provide Licensor with a certificate at least two (2) business days prior to the event evidencing all such insurance and listing Licensor, Avonlea Homeowners Association, as an additional insured.
  5. Indemnification by Licensee: Notwithstanding the insurance to be maintained by Licensee or Licensee's catering service, Licensee shall provide Association with an executed agreement with its catering service or alcohol vendor that requires such catering service or vendor to indemnify, defend and save Licensor, its members, directors, officers, employees, guests and agents harmless from and against any claim, action, damage, liability, costs and expense, including attorney's fees, arising from the performance of this Agreement or any act, omission, or negligence, including, but not limited to, specifically any failure of the Licensee to secure any liquor licenses that may be required under applicable law. The Licensee's agreement with its catering service or alcohol vendor shall name the Association as an intended third-party beneficiary of such agreement.
  6. No Assignment or Transfer: Licensee may not assign this License Agreement in whole or in part.
  7. The Licensor may terminate this Agreement with or without cause upon seventy-two (72) hours prior written notice.
  8. No Discrimination: It is intended that the license area shall be operated so that all prospective licensees and invitees shall have access to the license area without discrimination because of race, age, color, sex, national origin, disability, or religion. To that end, Licensee shall not discriminate its use of the license area against any person or group or persons because of the race, age, color, sex religion, national origin, disability or other protected classification of such person or group of persons.

IN WITNESS WHEROF, the parties hereto have executed this agreement as of the day and year first above written.

LICENSEE:

Date:

LICENSOR: Avonlea Homeowners Association, Inc.

By: _______________________________________________________________

Date: ______________________________

(Community Manager of Member of the Board of Directors)

 

 

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Document name: AVONLEA HOMEOWNERS ASSOCIATION COMMUNITY CENTER RENTAL AGREEMENT
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April 8, 2025 4:52 pm EDTAVONLEA HOMEOWNERS ASSOCIATION COMMUNITY CENTER RENTAL AGREEMENT Uploaded by Haley Overton - [email protected] IP 208.79.163.196
April 8, 2025 6:06 pm EDTCSS East - [email protected] added by Haley Overton - [email protected] as a CC'd Recipient Ip: 208.79.163.196
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