FACILITIES USE AGREEMENT
This Facilities Use Agreement (“Agreement”), is made as of	_______________________, between Destination Holdings, LLC (“Destination”), a Colorado Limited Liability Company having an address of 333 River Valley Ranch Drive, Carbondale, CO 81623 and telephone number of 970-963-0400, and___________________________________________________ (“Licensee”), having an address of    ________________________________________________________________________________________
Event Name _________________________	Day of week:  _______________ Date of Event and time__________________________
Contract Period Start Day of the week, date and time _______________________________________________________________
Contract Period Ending Day of the week, date and time ____________________________________________________________
Email   _______________________________    Cell:  ___________________________	  Home:___________________________
Weddings:  Name of bride/groom: 	 _________________________   Significant Other:	___________________________________
Event Planner ________________________________________  Phone # ________________________________________________
Caterer ______________________________________________ Phone # ________________________________________________
Number of Guests __________________

Recitals
WHEREAS, Destination leases real property and improvements located at 333 River Valley Ranch Drive, Carbondale, CO 81623 (the “Barn”); and
WHEREAS, Licensee desires to use the Barn for an event (the “Event”) he Event, and Destination is willing to permit Licensee to use the Barn for the Event on the following terms and conditions.
Agreement
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1.	Licensed Barn. Destination licenses to Licensee the use of the Barn.  Licensee agrees to accept the Barn “as is.” Destination makes no representations or promises with respect to the Barn and Licensee agrees that Destination shall not have any obligation to perform any work, alterations, repairs or otherwise prepare the Barn for Licensee’s use and occupancy, other than as set forth in this Agreement. Licensee and its agents, employees, representatives and invitees shall access the Barn directly through the Barn’s lobby.
2.	Permitted Use.  Licensee may use the Barn for the Event and for no other purpose. No other use may be substituted for the Event without the prior consent of DESTINATION. Any additional use of the Barn beyond the Event as defined above will not be permitted without DESTINATION’s prior written approval. The total occupancy of the Barn shall not exceed _____ persons. Licensee shall comply with all covenants (including HOA), conditions, restrictions, laws, ordinances orders, and regulations affecting the Barn. Licensee shall not permit or allow any disorderly conduct, excessive or unreasonable noise, or any nuisance in anyway in or around the Barn. During the term of this Agreement, the Licensee, at Licensee expense, shall maintain the Premises in clean condition and maintain fixtures and appliances in good repair and working order, excepting normal wear and tear.  Licensee further agrees to the following restrictions on the use of the Barn:
a.	The doors to the Barn must be closed at 9:00 p.m. to limit noise impact in the community; The music/noise may continue with the doors closed. Exterior speakers must be off by 9:00 pm. All events must end at or before 12:00 midnight. 
b.	The furniture in the Barn can be moved, but may not leave the Barn unless Licensee pays an additional fee for the furniture removal, which is outlined in Exhibit A. All furniture must be in the Barn over night to prevent damage.
c.	Any movement of furniture performed by Licensee shall be the responsibility of renter, shall be picked up and not slid, and shall be done with Destination’s supervision to minimize damage to the soft-pine floors;
d.	Any of Destination’s tables used by Licensee must be covered by plastic and a tablecloth; 
e.	Licensee shall direct guests attending the Event to park in the Ranch House parking lot across the street from the Barn. If that lot is full, guests should be directed to park on the west side of the street. If the street fills please park on the North side of the Golf course parking lot;

f.	No nails, tacks, duct tape, tape, glitter, confetti or anything else that can damage shall be used in the Barn. Gaff tape or fishing line should be used to put up lights and decorations; and
g.	All guests must always stay off the bridges and off the golf course due to golfers and golf carts that may be playing golf during your event.
3.	Term & Extensions. Destination licenses to Licensee the use of the Barn SEE TOP OF PAGE ONE (the “Contract Period”). Licensee may request use of the Barn for additional time beyond the Contract Period (“Additional Time”) by making such request in writing prior to any use of the Barn beyond the Contract Period and in any event not later than five (5) business days prior to the earliest day of the Contract Period (“Commencement Date”). If Destination approves such request in its sole discretion, such Licensee shall pay for Additional Time as an Additional Charge pursuant to Section 8 at the “Approved Additional Time Rate” specified in Exhibit A. If Licensee occupies the Barn for Additional Time beyond the Contract Period without the prior written consent of Destination, licensee shall pay for such Additional Time as an Additional Charge pursuant to Section 9 at the “Unapproved Additional Time Rate” specified in Exhibit A. For purposes of this Agreement, the Contract Period shall be deemed to include all Additional Time. Licensee also is aware and agrees that outside of the actual event times that the facility is used as a Real Estate Office and other people will be in the event space. 
4.	Security Deposit. Upon execution of this Agreement, Licensee shall pay to Destination a $2,000 security deposit (the “Security Deposit”) as security for payment of all amounts due under this Agreement and for the faithful performance and observance by Licensee of the terms and conditions of this Agreement. In the event Licensee fails to pay any amount due or defaults under any other terms or conditions of this Agreement, Destination may use, apply, or retain the whole or any part of the Security Deposit to the extent required for the payment of any sum due to Destination or which Destination may be required to expend by reason of Licensee’s default under of any of the terms and conditions of this Agreement. In the event that Licensee shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Agreement and shall surrender the Barn to Destination in the condition required by this Agreement as it is in on the Commencement Date, the Security Deposit shall be credited against the License Fee upon conclusion of the Contract Period.
5.	License Fee. Licensee shall pay the fees detailed in Exhibit A (“the License Fee”) to Destination as follows:
a.	The Security Deposit shall be due and payable upon the execution of this Agreement. The Security Deposit is non-refundable. The Security Deposit may be credited against the License Fee as provided in Section 7.
b.	Fifty-percent (50%) of the License Fee shall be due and payable upon the execution of this Agreement.  
c.	The remaining fifty-percent (50%) of the License Fee shall be due and payable no later than (30) days before the Commencement Date.  
d.	Use of the Barn is not guaranteed until this Agreement has been fully executed and the Security Deposit and fifty-percent (50%) of the License Fee has been received by Destination. 
6.	Payments. All payments are to be made by cash or by check payable to Destination Holdings and delivered to the attention of Brian Leasure (“Facilities Manager”). Licensee shall pay all amounts due under this Agreement without abatement, deduction or set-off of any amount whatsoever. A finance charge of 1.5% or the maximum rate permitted by law (if less) will be charged for each twenty-one (21) day period that any payment is overdue, with a minimum charge of ten dollars ($10.00).
7.	Cancellation.
a.	 Licensee may terminate this Agreement upon written notice to Destination, if Licensee shall forfeit any payments made to Destination prior to such cancelation
b.	Destination shall have the right, at its option, to terminate this Agreement, either in its entirety or with respect to the portion of the Agreement affected, without any liability of Destination to Licensee, and without any advance notice to Licensee, if:
i.	Licensee shall fail to observe any term, condition or covenant of this agreement;
ii.	the Barn is destroyed, damaged, or otherwise unfit for occupancy; or
iii.	any Event shall be prevented or interfered with by the public authorities or by any strike, labor dispute, or other cause beyond the control of Destination; 
c.	Under the circumstances set forth in paragraph (b)(i) of this Section, Destination shall be entitled to retain the Security Deposit and any Licensee Fee paid by Licensee as liquidated damages in compensation for its damages and loss of revenue resulting from the termination and not as a penalty. 
d.	Licensee hereby waives any and all claims against Destination for damages or other compensation arising out of or in connection with the termination of this Agreement or the cancellation of the Event.
8.	Additional Charges. Licensee shall be responsible for any and all additional charges (“Additional Charges”) incurred by Licensee during the Contract Period, including but not limited to charges for catering, concierge service and equipment rental (the “Service Charges”), telephone, facsimile and copy machine usage, Additional Time pursuant to Section 3, and any other Additional Charges under this Agreement. Rates for Additional Charges are set forth in Exhibit A. Destination shall invoice Licensee for all Additional Charges at the conclusion of the Contract Period and payment for Additional Charges shall be due and payable to Destination within forty-five (45) days of such invoice.
9.	Condition of Barn.
a.	Licensee shall not make any changes or alteration to any part of the interior or exterior of the Barn or any other part of the Barn.
b.	Licensee shall take good care of the Barn and upon the completion of the Contract Period, as extended pursuant to this Agreement, shall restore the vacated Barn to its condition prior to Licensee’s entry. Licensee agrees that all tape and markings will be removed from the Barn and that the Barn shall be clean and in good order and repair upon the completion of its rental.
c.	Licensee agrees that it is responsible for any damage caused to the Barn by Licensee, its employees, agents, representatives or invitees. Any such damages shall be billed as Additional Charges.
10.	Access. No portion of the corridors, foyers, vestibules or any ways of access comprising a part of the Barn shall be obstructed at any time by Licensee or used for any purpose other than ingress and egress to and from the Barn.
11.	Indemnification, Licensee shall defend, indemnify, and hold harmless Destination, Destination’s landlord, the mortgagee of Destination’s landlord, and each of their respective partners, officers, employees, directors and agents (“Indemnitees”) from and against any and all claims, demands, damages, judgments or liabilities (including liabilities for fines, penalties and reasonable attorneys’ fees, disbursements and other litigation costs) of any nature whatsoever (collectively, “Losses”) resulting from or arising out of, in whole or in part, the Event or other subject matter of this Agreement, including but not limited to those resulting from or arising out of (i) the unauthorized or unlicensed use or performance of any idea, creation, intellectual property, works of performing art or literary, musical or artistic material in connection with any presentation given under this Agreement, (ii) any act done or words spoken by Licensee, its agents, employees, representatives or invitees during the Event, (iii) any damage done to the Barn or any part thereof, including resultant loss of use, caused by the act or omission of Licensee, its agents, employees, representatives or invitees, (iv) any libel, copyright infringement or indecent content in printed or program material furnished by Licensee in connection with the Event, (v) the breach by Licensee of any term of this Agreement, or (vi) any Loss to any person arising from participating in, attending or otherwise being involved in the Event; provided, however, that Licensee shall not be obligated to indemnify any Indemnitee pursuant to this paragraph for any Loss that is finally judicially determined to have been caused entirely by one or more Indemnitees’ willful misconduct.
12.	Insurance.  Destination will neither provide nor serve liquor.  If Licensee elects to serve liquor at the event, Licensee must obtain liability insurance with a limit of no less than $2,000,000 with respect to bodily injury, personal injury, or death in any one occurrence (on an occurrence basis) that names Destination as an additional insured under such policy.   Licensee must provide Destination with a certificate of insurance evidencing such coverage at least thirty (30) days prior to the commencement date.  Licensee shall not do or permit to be done or bring or keep at any time in or upon the Barn anything which will in any way increase the rate of fire insurance on the Barn during the term of this Agreement or which shall conflict with the requirements of the District of Columbia Board of Fire Underwriters or any similar body, or be in violation of any of the terms of any insurance policy affecting the Barn or which shall conflict with any rules or ordinances of the Fire Department or Board of Health of the District of Columbia or of any other government agency having jurisdiction.

13.	Equipment and Services.  If elected by Licensee and included in the License Fee, Destination shall provide the use of the built-in hardware and audiovisual equipment detailed in Exhibit A (if any), along with set-up assistance. Licensee agrees that it shall not bring any equipment whatsoever into the Barn without Destination’s prior written approval. Licensee hereby releases Destination from any and all liability for loss or damages to any equipment or property owned, rented, or brought into the Barn by Licensee, or any agent, employee, representative or invitee of Licensee, which may be kept or placed in the Barn or used in connection with the Event.
14.	Photography Release.  Licensee hereby grants Destination permission to copyright, lease, sell and/or assign any and all photographs from the Event for use by parties associated with River Valley Ranch (“RVR”), including, without limitation, RVR’s Sales Center, RVR Golf Shop, & RVR Ranch House- HOA for advertising, promotion, publication or any other lawful purposes. Licensee hereby releases any and all right, claims, title and interest to the finished photographs, negatives, transparencies, and their reproductions of myself and my guests. 
15.	Compliance with Destination Policies. Licensee agrees to abide and to require all of its officers, directors, employees, agents, contractors, subcontractors, vendors, volunteers, licensees, Destination, including the policies set forth in Exhibit B hereof. Licensee shall cause its agents and any other person under its control to observe all terms of this Agreement.
16.	Notices. All notices which may or must be given under this Agreement must be in writing and shall be sent to Destination or Licensee at the addresses set forth at the beginning of this Agreement. Any notice required to be given or made in writing within a specified period of time or on or before a date certain must be transmitted either by hand delivery (which may include commercial delivery service) subject to written receipt, by facsimile transmission with confirmation of receipt, or by U.S. Express, registered or certified mail, return receipt requested and postage and registry fees prepaid. All notices shall be deemed given when received (or date of attempted delivery if refused).
17.	Assignment. Licensee shall not assign its rights and obligations under this Agreement to any other party. Any attempt to assign this Agreement by Licensee shall be void and of no effect.
18.	Governing Law. This Agreement shall be construed in accordance with and governed by the law of the State of Colorado, without regard to the conflicts of laws rules thereof. The parties hereby consent to the exclusive jurisdiction of any court in the District of Colorado (whether a federal or state court) in any action or proceeding arising out of or relating to this Agreement. The parties irrevocably waive, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.
19.	Attorney’s Fees. If Destination must retain an attorney to enforce any provision in this Agreement, Destination may, without limiting any other damages, recover its reasonable attorneys’ fees incurred in so doing, including reasonable attorneys’ fees incurred prosecuting claims against Licensee. 
20.	Cumulative Remedies. The remedies available to Destination under this Agreement shall not be exclusive but shall be cumulative and in addition to all other remedies of Destination existing now or in the future at law or in equity.
21.	No Waiver. If Destination waives or elects not to enforce any term, condition or covenant of this Agreement, such waiver or election not to enforce shall not constitute a waiver of or election not to enforce the same term, condition or covenant in prior or subsequent transactions or different terms, conditions or covenants in the same, prior or subsequent transactions.
22.	Severability. Any provision of this Agreement held to be contrary to law, invalid or unenforceable shall be ineffective to the extent of such illegality, invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions of this Agreement.
23.	Relationship of Parties. The execution, delivery and performance of this Agreement shall not be construed as creating or establishing a partnership, joint venture or association of any type between Destination and Licensee.
24.	Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and may not be modified or in any way altered except in writing, signed and executed by both parties hereto or, in the case of a waiver, by the party waiving compliance.

25.	Miscellaneous. Each of the parties represent and warrant to the other party that this Agreement has been duly authorized by all necessary organizational action of such party and is legally enforceable and binding in accordance with its terms. This Agreement shall bind and inure to the benefit of the parties and their respective permitted successors, assigns and legal representatives. This Agreement may be executed in counterparts, a complete set of which shall constitute an original, and in duplicates, each of which shall constitute an original. Copies of this Agreement showing the true signatures of the respective parties, whether produced by photographic, digital, computer, or other reproduction may be used for all purposes as originals.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN:

LICENSEE:						DESTINATION:

________________________________________	_______________________________________
Signature				Date		Destination Holdings, LLC		Date
							Manager: Brian Leasure
________________________________________	
Signature				Date		

EXHIBIT A
Fees, Equipment and Services
A. LICENSE FEE: BARN AND AUDIOVISUAL EQUIPMENT

AMENITY
	RATE
	QUANTITY
	AMOUNT
	
Event Fee	$6,950	     	$ 	
Tent fee	$1,000			
Furniture Removal 	$1,400		$	
Sound system operated by Destination Holdings staff	$500		$	
TOTAL LICENSE FEE
			$	

Event Payments
	Date
	Check Number
	AMOUNT
	
			$	
			$	
			$	
			$	
			$	
TOTAL PAID
	$
	
B. OTHER ADDITIONAL CHARGES

AMENITY
	RATE
	
Approved Additional Time (per hour or portion thereof)
	[$________]
	
Unapproved Additional Time (per hour or portion thereof)
	[$________]
	
[SERVICE]
	[$________]
	
[SERVICE]
	[$________]
	
TOTAL ADDITIONAL CHARGES
	$

EXHIBIT B
Policies
1.	Barn Hours: Licensee shall be permitted access to the Barn one-half hour before and one-half hour after each Event. The Barn must be vacated no later 1:00 am unless other arrangements have been made in advance with the Facilities Manager.
2.	Deliveries: All packages to be delivered to the Barn for the Event must be addressed to Facilities Manager and must reference the title and date of the Event. Large deliveries must be scheduled in advance with Facilities Manager.
3.	Access: Licensee and its agents, employees, representatives and invitees shall access the Barn directly through the Barn lobby. Destination will unlock and secure the Barn prior to and following the Event. If a visitor’s key is provided to Licensee, such key must be returned to Facilities Manager at the conclusion of each day of the Event. There is a $10.00 charge for unreturned keys.
4.	Clean Up: Licensee shall be responsible for returning the Barn to the state it was in when at the commencement of the Contract Period, including removing all items brought into the Barn by Licensee, its agents, employees, representatives and invitees. Any items left in the Barn at the conclusion of the Contract Period shall be disposed of by Destination unless other arrangements have been made in advance with the Facilities Manager.
5.	Climate Control: If you are having a problem with the temperature, please call the Facilities Manager who will adjust the thermostat to better suit your needs.
6.	Trash: Licensee shall be responsible for the removal of all trash from the event. 
7.	Smoking: There is no smoking permitted anywhere in the Barn.
8.	Lobby/Hallways: The Barn lobby and hallways must always remain free of obstruction. Please keep quiet in the Barn Lobby and hallways out of consideration for others in the Barn.
9.	No toxic, flammable combustible or explosive fluids, chemicals or substance shall be brought into the Barn.
10.	No bicycles, vehicles or animals, birds or pets of any kind shall be brought into the Barn.
11.	Canvassing, soliciting and peddling in the Barn are prohibited.
12.	Hand trucks may not be used within the Barn unless they are equipped with rubber tires and side guards.
13.	Trash shall not be placed in the Barn lobby or hallways.
14.	All of the furniture owned by Destination shall be kept in the Barn overnight to prevent damage. 
15.	 Any hanging pictures that are removed must be replaced at the conclusion of the Contract Period.