Laserfiche WebLink
all claims, liabilities, expenses, damages, losses, causes of action, and suits ("Claims") arising out of or in anyway relating to this <br />Agreement, Guest Group's reservation herein, Guest Group's and its members, invitees, guests, vendors, employees or <br />contractors' stay, attendance or presence at The Oaks Center or any of its properties, premises or participation in any activities <br />offered at The Oaks Center or any of its affiliated premises, except to the extent such Claims arise out of gross negligence or <br />intentional actions of The Oaks and/or The Oaks' Parties. This indemnity shall extend to and include any claims arising from <br />any guest contracting Covid-19. <br />FORCE MAJEURE <br />If either parry's performance of obligations underthis Agreement is made impossible, materially hampered, interrupted, or <br />interfered with for reasons including, but not limited to: fire, casualty, lockout, strike, labor conditions, unavoidable accident, <br />riot, war, earthquake, landslides, pandemics or outbreaks, other acts of God, or by the enactment, issuance, or operation of <br />any municipal, county, State, orfederal law, ordinance or executive, administrative, orjudicial regulation, order or decree, or by <br />any local or national emergency (each, a "Force Majeure Event'j, such parry's performance shall be excused hereunder upon at <br />leastfifteen (15) business days prior written notice to the other parry setting forth the details of the Force Majeure Event <br />causingthe performance of such parry to be materially affected or made impossible, and this Agreement shall be cancelled. <br />Additionally, Guest Group will be refunded any deposits paid prior to the Force Majeure event. If mutually agreed to by both <br />Parties, they may reschedule the event to a later agreed upon date at no additional costto the Guest Group. <br />CANCELLATION POLICY <br />If this Agreement is cancelled (other than for Force Majeure Event) or changed for any reason afterthe contract is signed, the <br />Guest Group agrees to pay the following: <br />- If prior to 6 months from arrival date, the Deposit or any deposit will be forfeited. <br />- If 3-6 months prior to event, Group agrees to pay 50% of the Minimum Financial Guarantee. <br />- If 0-90 days priorto event. Group is responsible for the Minimum Financial Guarantee. <br />FORGIVENESS POLICY <br />If The Oaks Venture LLC is able to book another group of equal or greater value duringthe canceled time period, The Oaks <br />Venture LLC will forgive any monetary forfeiture incurred accordingto the above schedule. <br />Following the initial event inquiry, Guest Group may be granted a license for access tovisit and tour the property two (2) times <br />for one hour at no cost. Each additional tour can be scheduled during normal business hours with a minimum of 7 days' notice <br />and at as a rate of $50/hr. <br />NOTICES <br />All notice under this agreement shall be provided as follows: <br />The Oaks (The Oaks Venture LLC) To Guest Group: With courtesy copies to: <br />info@oakscenter.com City Clerk Chief of Police <br />(760) 789-6980 City of Santa Ana City of Santa Ana <br />Guest Group: 20 Civic Center Plaza (M-30) 60 Civic Center Plaza (M-96) <br />P.O. Box 1988 P.O. Box 1988 <br />DISPUTE RESOLUTION Santa Ana, CA 92702-1988 Santa Ana, California 92702 <br />All disputes which may arise underthis Agreement shall first be resolved by mandatory mediation to be held in the County <br />of Orange, California. In the event that the parties are unable to resolve the matter, they agree that the prevailing parry <br />shall be entitled to an award of attorneys fee and costs. <br />JURISDICTION AND VENUE <br />The parties agree that all matters shall be subject to California law and thatJurisdiction and venue for resolving any matter <br />shall be in the County of Orange, California. <br />