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DocuSign Envelope ID:35D3031E-3109-4B3B-B7AD-8A771981BC2A
<br /> 4. Service Charge/Taxes/Function Sheet Pricing. The prices listed on the Function Sheet, when
<br /> attached hereto,are subject to proportionate increases to meet increased cost of supplies for Functions reserved more
<br /> than 120 days in advance,but any such increase shall not exceed 10%. Prices can be set 90 days in advance of the
<br /> Function. The Club's usual service charge of 20%and applicable taxes will be added to all amounts due under this
<br /> Agreement, including without limitation cancellation fees as liquidated damages. Once the Function Sheet has been
<br /> finalized,it shall be signed and attached hereto no later than seven(7)days prior to the Function.
<br /> 5. Member/Client and Guest Conduct/Contractors. Member/Client is responsible for conduct of
<br /> Member/Client's guests, attendees, and permitted contractors and will promptly pay for all damages incurred by the
<br /> Club due to their actions or omissions. No food or beverage of any kind can be brought into or removed from the
<br /> Club by Member/Client or Member/Client's guests or attendees. Member/Clients that wish to use a third party
<br /> contractor(s)to provide a specific service,not available through the Club,agree to use a contractor(s)that meets the
<br /> insurance requirements established by the Club. The Club reserves the right to approve all contractors, such
<br /> approval not to be unreasonably withheld, and all contractors must provide appropriate proof of adequate insurance.
<br /> Member/Client's contract with its contractors will all specify that such contractor and the Member/Client will
<br /> indemnify and hold the Club and its affiliates harmless from any and all damages or liabilities which may arise by
<br /> such contractor or through its use only in the manner and to the extent permitted under North Carolina law and
<br /> without waiver of its sovereign immunity. Damage to the Club premises by the Member/Client or contractors hired
<br /> by Member/Client will be the Member/Client's sole responsibility. The Function is subject to the rules and
<br /> regulations and Membership Bylaws of the Club.
<br /> 6. Securi . Club is not responsible for security or any damage to or the loss of any personal property
<br /> or articles brought into the Club, or for any item left unattended, or for loss or damage which occurs in Club's
<br /> parking areas. Member/Client will accept full responsibility for any damages resulting from any action or omission
<br /> of their individual attendees in conjunction with organized group activities. The Club is not responsible for any loss
<br /> or damage no matter how caused, to any samples, displays, properties, or personal effects brought into the Club,
<br /> and/or for the loss of equipment,exhibits,or other materials left in meeting rooms.
<br /> 7. Alcohol Consumption. Member/Client covenants to be responsible for the consumption of
<br /> alcoholic beverages by Member/Client's guests and attendees at the Function. Club does not serve alcoholic
<br /> beverages to minors as required by state law,and Member/Client assumes the duty to ensure observance of this state
<br /> statute. In the event Member/Client has reason to believe a guest or attendee has become impaired to the extent they
<br /> should not drive, Member/Client will prevent the person from leaving the Function without assistance.
<br /> Member/Client acknowledges Club may refuse service to any guest or attendee or, at its discretion, discontinue
<br /> service to all guests and attendees. Any such discontinuation of service shall not relieve Member/Client of any
<br /> obligations or any amounts owed pursuant to this Agreement.
<br /> 8. Americans with Disabilities Act. Both the Member/Client and the Club shall be responsible for
<br /> compliance with the public accommodation requirements of the Americans with Disabilities Act ("ADA"). The
<br /> Club agrees that it will comply with Title III of the ADA and the regulations promulgated thereunder.
<br /> Member/Client will provide the Club with any specific requests in order to accommodate persons with disabilities in
<br /> advance of the Function.
<br /> 9. Payments. To the extent permitted by law, Member/Client shall remain liable for all amounts
<br /> owed to Club and shall have no right to obtain a refund of any deposits paid to the Club,unless "Club breaches the
<br /> terms of this Agreement. Interest will accrue on any unpaid balance or deposit paid late at the lesser of(i)the rate of
<br /> 1.5%per month(18%per annum)or(ii)the highest rate permitted under applicable law. Additionally, to the extent
<br /> permitted by law, should the Club, in its sole discretion, deem collection action necessary, whether prior to, during,
<br /> or subsequent to litigation,the entire cost of collection,shall be paid by Member/Client.
<br /> 10. Limitation of Liability. To the extent permitted by law, in no event will the Club be liable for
<br /> consequential, incidental, or punitive damages of any nature for any reason, including without limitation lost profits
<br /> or goodwill,even if Club has been advised of their possible existence. Furthermore,in the event the Club shall have
<br /> any liability to Member/Client (whether under this Agreement or otherwise), the amount of such liability shall not
<br /> exceed twice the amount paid to Club pursuant to this Agreement.
<br /> 11. Miscellaneous. In case any one or more of the provisions contained in this Agreement shall for
<br /> any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
<br /> shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or
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