Services Agreement

 

Welcome to The Training Room at Colony Park. We’ve developed a space to help you host exceptional continuing education events. We tried to make this Services Agreement easy to read and understand. Please take time to read it carefully as it governs your use of our space, and equipment and services.

Services Agreement

This Services Agreement (“Agreement”) is a contract between EMDR & Beyond, LLC (“Management”) and the person or entity that registered with Management (“Client”, “Guest” or “You”). This Agreement describes the terms and conditions that apply to your use of The Training Room at Colony Park, to or other services and establishes the obligations owed between you and Management.

RENTAL PERIOD:

Rental period may include up to 1 hour allowance for set-up/load-in/decorating and teardown/load-out. Client may not occupy the event location outside of the agreed rental period. If client occupies the event location beyond the agreed rental period, additional charges will apply.

FACILITIES:

Client shall have use of the location designated above during the designated rental period. Client shall also have access to use of public restrooms.

SMOKING & VAPING:

The Training Room at Colony Park is a smoke-free building. Smoking or vaping is prohibited by law on any grounds not specified as designated smoking areas. Patrons are allowed to smoke or vape in the parking lot or in designated smoking areas ONLY.

PRODUCT & SERVICE CHANGES:

Management shall have the right to substitute products or services originally intended to be used in the event to account for market conditions and availability. Such substitution shall be made and communicated to Client to insure the highest quality possible of equal value within the price range quoted.

VANDALISM:

The Client shall not cause or permit anything to be done to damage, injure, mar or deface the property of the space or surrounding area. The space will be clean and free of any trash or debris. Client shall remove all personal property, trash, and other items that were not present in the space prior to event. 

DAMAGE & LOSS:

Management does not assume responsibility for injuries to any persons or damage to or loss of any merchandise, equipment or personal belongings in the venue prior to, during or following the event. Without limit the breadth of the foregoing, Management shall not be responsible for any damage, loss or injury that may happen to Client or Clients agents, servants, employees, patrons, guests or property from any cause whatever prior to, during and subsequent to the event covered by this agreement, and Client hereby expressly releases Management from and agrees to indemnify, defend and hold harmless against any and all claims for such loss, damage or injury.

FORCE MAJeURE:

Management’s failure to perform any term or condition of the Agreement as a result of conditions beyond its control such as, but not limited to, war, riots, strikes, explosions, fires, floods, storms, acts of God, federal, state or local law, order, rule or regulation, restrictions, insurrection, power failures or damage or destruction of any network facilities or servers, shall not be deemed a breach of this agreement.

Entire Agreement; Interpretation:

This Agreement and any other policies referenced therein, constitute the entire agreement between you and Management governing your use of the space or services. This agreement supersedes all prior understandings or agreements between you and Management. As between you and Management, this agreement controls over any conflicting terms in a prior Agreement except where expressly stated otherwise and agreed upon in writing between the parties.

As used in this Agreement, “including” or similar words mean “including but not limited to”; “or” may be read as “either… or…” or “both… and…”; and “such as,” “specifically,” “for example,” or similar words identify non-exclusive lists of examples. Headings and ordering used in this Agreement are provided for your convenience and do not affect the interpretation of related provisions. Any monetary amounts described in this Agreement will be in USD and “$” will be read to mean United States Dollars.

Reformation/ Severability:

Where any part of this Agreement is found to be invalid or unenforceable, it will be reformed or reinterpreted through force of Law as minimally required to accomplish the objectives while maintaining the original intent of such provision. If such can’t be accomplished, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Waiver:

Management’s failure to enforce any right or provisions of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under the Agreement or otherwise permitted by Law, except as set forth in these terms.

No Third-Party Beneficiaries:

This Agreement does not and is not intended to confer any rights or remedies on persons other than the parties.

GOVERNANCE:

This Agreement shall be subject to and governed by the laws of Iowa, and the Iowa District Court in and for Polk County shall have jurisdiction over any and all litigation arising out of this Agreement. The parties hereby agree to submit themselves to the jurisdiction and venue of said Court. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements or understanding between Management and the Client. No change, modification or waiver of any term to this Agreement shall be valid unless it is in writing and signed by both parties. Management shall be able to take action with respect to this Agreement in reliance upon consents or written approves provided by the below named person.

NOTICE:

We may send you notices to the email address or physical address included in your Account, through messaging on another platform, or (for businesses) to the address of your headquarters or registered business, or (for individuals) to your residence. You may send any legal notices to us at info@emdrandbeyond.com. You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.

Last updated:

January 3rd, 2022