Event Space Rental Agreement & Terms & Conditions for Davenport Coffee Shop located at 5275 Olympic Dr NW, Ste 101
Gig Harbor, WA 98335
The following Terms and Conditions of Use (“Terms”) describe your rights and obligations in connection with the space rental and receipt, access and use of any of the Services (as defined below) provided by Davenport Coffee Shop LLC, at our Davenport Coffee Shop location in Gig Harbor, Washington (“Premises”). Please feel free to contact us with any questions regarding these Terms.
General Event Space Rental Guidelines:
Booking Times
- Bookings are available on a first-come first-served basis.
- Please book your event at least 7 days in advance.
- Reservation is from 6pm to 9pm on the date you reserve.
- Shorter or longer booking times are currently not available.
- Special accommodations may be available for longer setup times.
- Reservation includes an extra 30 minutes before and after for setup and takedown.
- Doors will open at 5:30. Cleaning begins at 9pm.
Fees
- Event space reservation fee is $240 per reserved date plus $60 gratuity and tax.
- Cancellation refunds are available up to 10 days prior to the event.
- Cleaning fee included.
Maximum Event Capacity
- The maximum number of participants is 40 people. No exceptions.
- Events not adhering to this policy will incur a $250 max capacity fee to cover possible fines from city and fire department officials.
Beverage & Alcohol Service Details
- Free drip coffee included.
- A beverage host will be provided on-site for the duration of your event.
- Local and seasonal beers on tap start at $7.
- Red, white, and rose wines are available starting at $7.
- Per state liquor laws, all alcohol services must be proved by our staff. If you would like to bring your own wine or beer please call us prior to your booking for approval.
- Any alcohol brought on-site without prior approval will not be allowed to be served.
Food Service
- You may bring any food items you like.
- After your event please take all serving trays, utensils, and containers with you when your event concludes.
- The event beverage host is limited to providing beverage service only.
Catering Options
- Harbor Greens Grocery & Deli (open till 8pm) is next door to Davenport Coffee Shop and can provide pre-order sandwiches, deli items, salads, fruit and veggie platters and more. Call 253-851-7911 to order.
- Feel free to have pizza delivered to your event.
- Please call for a list of local food trucks.
Cleaning
- Cleaning fees are included for all general areas, barware and bathrooms.
- Cleaning service does not include cleaning of utensils or serving trays brought in for food service.
- Any items left behind will be saved in the lost and found for 3 days. Items will be donated afterward.
- Please remove any special decorations
1. Acceptance of Terms; Modification of Terms.
Please read these Terms carefully, as they affect your legal rights. By using the Services, you are agreeing to abide by and be bound by these Terms which are an integral part of your Space Rental Agreement. The Services provided by and on behalf of Davenport Coffee Shop LLC at all times are subject to these Terms.
– References to “you,” “your,” “Client” and similar words in these Terms refer to the individual or entity registering for any Services and agreeing to be bound by these Terms. You agree to provide Davenport Coffee Shop LLC with accurate and complete information about yourself when you register / enter into an agreement with Davenport Coffee Shop LLC and as you use the Services. You must be at least 18 years of age.
– You represent and warrant that you have all requisite legal power and authority to enter into and abide by these Terms and your Space Rental Agreement and no further authorization or approval is necessary. You further represent and warrant that your participation in or use of the Services will not conflict with or result in any violation of any license, contract, agreement or other obligation to which you are a party or are bound. If you are entering into this Space Rental Agreement on behalf of an entity, you represent and warrant that you have all necessary right, authority and consent to bind such entity to these Terms.
2. Description of Services.
Davenport Coffee Shop LLC is offering it’s common areas and bathrooms according to the space rental description on our website for rent to organize any sort of event. However, events having any political, religious or any other ideological motivation cannot be held in at Davenport Coffee Shop. In the case of such events, Davenport Coffee Shop reserves the right of last minute cancellations, even if a reservation has been previously accepted. No refund for already paid reservation fees will be given in this case. Davenport Coffee Shop LLC may, depending on the space rented by you, provide you and your event participants with access to and use of common meeting areas, bathrooms, access to the patio, Internet access, certain equipment (usage of screen, sound equipment, etc.), and other services (e.g. catering) as agreed in the Space Rental Agreement (collectively, “Services”) at the Premises. The availability and scope of Services are subject to your Space Rental Agreement and may be subject to changes from time to time.
3. Other Adjacent Business Activities
Davenport Coffee Shop LLC event space is not responsible for activities happening at and or surrounding adjacent businesses or public spaces. The Client is hereby notified of this eventuality.
4. Pricing Conditions
Price information in offers or confirmations are based on the state of information at the time when the offer or confirmation is made. The price list in the event space on our website does also apply. We reserve the right to change offer prices in relation to spaces and services.
5. Deposit
Upon reservations, your entire deposit and reservation is collected up front, including a reservation fee, gratuity fee, and cleaning fee at the time of reservation. All fees are subject to local and state taxes.
6. Cancellation Policy
If you cancel the reservation / booking for the space rental, Davenport Coffee Shop LLC may charge a cancellation fee as follows: no cancellation fee if cancelled 10 days prior to event. No refunds will be issued for cancellations less than 10 days.
7. Use of Services.
You agree that when participating in or using the Services, you will not:
A. Use the name “Davenport Coffee Shop LLC” or use photographs or illustrations of the Premises or Services, or any trademarks, logos or other identifiers of Davenport Coffee Shop LLC in any advertising, publicity or other purpose without Davenport Coffee Shop LLC prior written consent;
B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
C. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Davenport Coffee Shop LLC Services;
D. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including copyright or trademark laws, or by rights of privacy or publicity unless you own or control such rights or have received all necessary consents to do the same;
E. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
F. Restrict or inhibit any other user from using and enjoying the Services;
G. Violate any code of conduct of other guidelines which may be applicable for any particular Service, including the building rules for the Premises;
H. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
I. Use the Services for any purpose that is unlawful or prohibited by applicable laws, 3 regulations or these Terms or otherwise violate any applicable laws or regulations;
J. Take or copy information belonging to Davenport Coffee Shop LLC, or other members or their guests;
K. Drive nails, tacks, screws or pins into walls, furnishings, floors and ceilings;
L. Write, draw, decorate, attach posters or disfigure any wall or ceiling surfaces or otherwise damage or pollute the Premises or its furniture or equipment;
M. Bring additional furniture or large equipment into the Premises without the prior written consent of Davenport Coffee Shop LLC;
N. Use the Services or Premises to conduct or pursue illegal or offensive activities; and
O. Deposit any substance in the toilets, sinks or drains that could cause blockage or damage;
You agree that when participating in or using the Services, you will:
P. Keep the rented space neat and tidy and take proper care of the furniture and ensure that no damage occurs;
Q. Not do or permit anything to be done in, on or around the Premises which causes, becomes or is a nuisance or annoyance to other members;
R. Maintain reasonable noise levels;
S. Be responsible for any breakage, defect, damage, theft or vandalism caused to the Premises. Damage must be reported to a Davenport Coffee Shop LLC representative immediately;
T. Comply with all health and safety and fire and emergency regulations. In particular you are aware that lighting of candles, smoking etc. may cause a fire alarm and will trigger a fine.
Davenport Coffee Shop LLC reserves the right to exclude any participant whose use of the Services, in the opinion of Davenport Coffee Shop LLC, would be detrimental to the use of the Services by members and other participants, guests or invitees. The Client is responsible for the actions of his/her/its participants, guest or invitees.
8. Insurance.
The Client is responsible for obtaining liability and property insurance to cover any personal or property damages. Davenport Coffee Shop LLC does not assume any responsible for any equipment (personal computers, mobile phones, etc.), valuables or property the Client or participants use or leave behind in the space. Personal property, valuables and equipment is the Client’s responsibility. The Client is responsible for maintaining its personal and it’s participants’ property and liability insurance to cover property loss or damage to equipment and property while using our space. Davenport Coffee Shop LLC will not insure any equipment or property that the Client or its participants bring into the space. Any equipment or property brought into the space is at the Client’s sole risk and the Client should maintain own insurance for these items.
9. Lawfulness.
Davenport Coffee Shop LLC reserves the right at all times to disclose any information about you, your participation in and use of the Services as Davenport Coffee Shop LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Davenport Coffee Shop LLC’s sole discretion.
10. Confidentiality.
A. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” means all information, in whole or in part, that is disclosed by Davenport Coffee Shop LLC or its affiliates, or any member or user of the Services or any employee, affiliate, guest, invitee, or agent thereof, that is nonpublic, confidential or proprietary in nature. “Confidential Information” also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Davenport Coffee Shop LLC or its affiliates, any analyses, compilations, studies or other documents prepared by Davenport Coffee Shop LLC or its affiliates, or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
B. Your participation in and/or use of the Services obligates you to;
i. maintain all Confidential Information in strict confidence;
ii. not to disclose Confidential Information to any third parties;
iii. not to use the Confidential Information in any way directly or indirectly detrimental to the owner of the Confidential Information.
C. All Confidential Information remains the sole and exclusive property of Davenport Coffee Shop LLC or its affiliates or the respective disclosing party. You acknowledge and agree that nothing in these Terms or your participation in or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Davenport Coffee Shop LLC or its affiliates or any member or user of the Services, or any employee, affiliate, guest, invitee or agent thereof.
11. Surveillance; Other Events and/or Members.
You are advised that the Premises are under surveillance 24 hours a day and Davenport Coffee Shop LLC will retain records, data and videos of access to the Premises by members, guests and invitees. Also, Davenport Coffee Shop LLC does not control and is not responsible for the actions of other members or their guests or invitees. If a dispute arises between the Client, participants of the event, members or their invitees or guests, Davenport Coffee Shop LLC will have no responsibility or obligation to participate, mediate or indemnify any party. Davenport Coffee Shop LLC reserves the right to terminate your rental agreement immediately, without refund, if any dispute becomes disruptive.
12. Software Security; Technology Release.
Davenport Coffee Shop LLC does not make any warranties or guarantees about security. It is the Client’s, guest’s and invitee’s responsibility to secure their own personal computer or device with intrusion detection/ prevention software (firewall) and antimalware. In order to utilize the Services provided by Davenport Coffee Shop LLC, it may be necessary to install or run software on your computer or other equipment. Also, from time to time, Davenport Coffee Shop LLC may troubleshoot problems a member may have accessing certain Services such as printing or WiFi. You agree that Davenport Coffee Shop LLC and its representatives are not responsible for any damage to any member’s computer or other equipment related to such technical support or downloading and installation of any software. Davenport Coffee Shop LLC and its affiliates do not assume any liability or warranty in the event that any manufacturer warranties are voided and we do not offer any verbal or written warranty, either express or implied, regarding the success of any technical support.
13. Disclaimers of Warranties.
To the extent permitted by applicable law, Davenport Coffee Shop LLC provides the Services “AS IS” and with all faults, and disclaims with respect to the Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence, and availability, operation, performance and/or use of Services. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or noninfringement or any implied warranties arising from course of dealing, course of performance or usage in trade.
14. Exclusion of Incidental Consequential and Certain Other Damages.
To the extent permitted by applicable law, in no event will Davenport Coffee Shop LLC or its affiliates, and their past, present and future board members, officers, agents, shareholders, members, representatives, employees, successors and assigns (“Davenport Coffee Shop LLC Parties”), jointly or individually be liable for any direct, special, incidental, exemplary, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use the Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of these Terms, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Davenport Coffee Shop LLC, and even if Davenport Coffee Shop LLC has been advised of the possibility of such damages.
15. Limitation of Liability and Sole Remedy.
To the extent permitted by law, the aggregate monetary liability of the Davenport Coffee Shop LLC Parties to you or your employees, guests, agents or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to Davenport Coffee Shop LLC under the Space Rental Agreement. This is your sole and exclusive remedy for all of the foregoing.
16. Indemnification.
You release, and hereby agree to indemnify and hold harmless Davenport Coffee Shop LLC and Davenport Coffee Shop LLC’s affiliates, and their past, present and future officers, agents, shareholders, members, representatives, employees, advisors, successors and assigns, jointly and individually (collectively, “Davenport Coffee Shop LLC Indemnitees”), from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties (“Claims”) based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services, or breach of any of these Terms by you or your participants, employees, guests or invitees. You further agree that Davenport Coffee Shop LLC will have sole control over the defense of any such Claims. You will not agree to any settlement that requires a material act or admission by any Davenport Coffee Shop LLC Indemnitee, imposes any obligation upon any Davenport Coffee Shop LLC Indemnitee or does not contain a full and unconditional release of the Davenport Coffee Shop LLC Indemnitees, without Davenport Coffee Shop LLC’s written consent. None of the Davenport Coffee Shop LLC Indemnitees will be liable for any settlement made without its prior written consent. In the event that you bring a claim or lawsuit in violation of these Terms, you shall be liable for any attorneys’ fees and costs incurred by Davenport Coffee Shop LLC Indemnitees in connection with the defense of such claim or lawsuit.
17. Unenforceable Provisions; No Waiver.
If any provision of these Terms or any other guidelines, terms or rules that may be posted or provided to you from time to time is determined to be invalid, illegal or unenforceable for any reason, the remaining provisions of these Terms or guidelines, terms or rules will be unaffected and will remain in full force and effect to the extent permitted by applicable law. WeSpace’s delay or failure to enforce any right, for any reason, does not waive our right to enforce it later.
18. Assignment.
Your rights and obligations under the Space Rental Agreement cannot be assigned or transferred to anyone else without Davenport Coffee Shop LLC’s prior written consent. We may assign or transfer the Space Rental Agreement or any of our rights or obligations under the Space Rental Agreement without notice to you, except as may be required by applicable law.
19. Governing Law, Jurisdiction.
The Space Rental Agreement including these Terms shall in all respects be governed by and construed in accordance with Washington State law without regard to its conflict of laws rules. All disputes arising out of or in connection with the Space Rental Agreement and these Terms, including disputes regarding its conclusion, validity, binding 6 effect, amendment, breach, termination or rescission shall be subject to the exclusive jurisdiction of the state courts being in charge for the city of Gig Harbor in the County of Pierce in Washington State in the United States of America.
By reserving your event you agree to the above and authorize Davenport Coffee Shop staff and its owners to provide you with an excellent environment for your next event. We look forward to seeing you!