EVENT AGREEMENT

      This Agreement is made between the Kemper Museum of Contemporary Art (the “Museum”) and xxx (“Host”).

      The parties, intending to be legally bound, agree as follows:

1. Date/Time of Event.  Host’s event (the “Event”) shall be held on the 1st day of May, 2010, from 7:00 p.m. until Midnight.

2. Space Reserved.  The Museum shall reserve for Host’s use on the date and at the time set forth in Section 1 the space indicated below (check applicable boxes).

            X Museum Event¹

                  X  Atrium

                  X Meeting Room

                  X Courtyard

             Kemper East Event¹

                   1^st Floor

                   Boardroom

                   Solarium

                   Patio

                   Director’s Conference Room

                   3^rd Floor

             Meeting Room Event (day)²

             Meeting Room Event (evening)³

             Courtyard Event³

3. Fees. 

            (a) As described in Section 2, Museum, Kemper East, Courtyard and Meeting Room (evening) Events are limited (and provided at no cost as a benefit) to certain patrons of the Museum.  Unless Host makes a request at least four weeks in advance, these events shall be limited to four hours.  If Host requests additional time and Museum agrees, Host shall pay to Museum (i) all additional costs for security, wait and other staff, and (ii) $350 per additional hour or part thereof (for) (Atrium, Courtyard and Meeting Room Events or  Kemper East Events (evening). Host must be a patron in good standing at the time of the execution of this Agreement through the time of the Event.  

            (b) The cost for Meeting Room Events (daytime) is $75 per hour for a minimum of four hours.  A $300 deposit is required to confirm the date; no date will be held without a deposit.  Any balance of the rental fee is due ten days prior to the Event.

            (c) Additional costs, such as coat check attendants, audio-visual technicians, food and beverage (including liquor) service and rentals shall be the responsibility of Host.  Cost estimates should be treated only as estimates and are subject to change depending on the final arrangements for the event.

4. Payment.  A bill for the payment will be presented to Host at completion of the Event.  The bill will be paid by credit card (MC, VISA, OR AMEX) or a check made out to the Kemper Museum of Contemporary Art.  Host must provide any evidence of tax exemption at least six weeks prior to the event.

5. Cancellation.  Should it become necessary to cancel the Event, please notify the Museum in writing immediately.  If notification is received at least 90 days in advance of the Event, the Museum and Café Sebastienne (as applicable) shall refund any fees paid by Host (less a $100 administrative fee).  If notification is received less than 90 days in advance of the Event, no refund will be made and any fees paid by Host will be retained by the Museum or Café Sebastienne (as applicable) as liquidated damages. 

6. Works of Art.  The Museum is first and foremost an art museum.  Because exhibits change from time to time, the Museum cannot specify what will be exhibited during the Event and cannot honor requests to display particular pieces of art.  The protection of works on display is the highest priority of the Museum.  The Event is required to harmonize with the character and mission of the museum.  Events may not create, in the sole discretion of the Museum, any hazard or impose undue hardship to the Museum, its collections, exhibitions, facilities, staff, or visitors.  Events must be in conformance with Museum policies and procedures (including those attached hereto) and not interfere with Museum operations.  The Museum may immediately terminate the Event, without liability to the Museum, if the Museum or its staff, in its sole discretion, determines that the Event violates this Section 6.

7. Food and Beverage.  Café Sebastienne is the sole provider of food and beverage service and rentals.  Billing for these items will be made through and payable to Café Sebastienne.  Café Sebastienne requires Host to deposit 20% of the food and beverage service and rental fee concurrently with the deposit required in Section 3(b) above.  The balance of the food and beverage service and rental fee is due May 1, 2010.  An accurate final count of the number attending must be provided to the event coordinator at least seventy-two hours prior to the Event.  No changes in food and beverage service or rentals may be made after that time.  Museum’s service capacities are 150 for a sit-down dinner, 250 for a pre-nuptial party or wedding reception, 350 for a corporate or private cocktail buffet, 88 in the meeting room (theater-style), 50 in the meeting room (seated dinner), 75 for a seated dinner in the courtyard, and 49 in the Café.

8. Additional Personnel/Deliveries.  Names of any outside personnel (such as photographers, florists, wedding cake bakers, musicians, etc.) needing to enter the Museum prior to the commencement of the Event must be provided to the Event Coordinator one week in advance of the Event so that their admittance can be cleared through the Security Department. All deliveries must  approved by the Event Coordinator and Security Department at least one week in advance of the Event. All items must be checked in and out by the security staff and documented with a Museum provided property pass.  All equipment must be picked up immediately after the event or by 10:00 a.m. the following day.  If equipment is not picked up by 10:00 a.m. an extra charge of $100.00 per day for storage will be added.

9. Publicity. In printed publicity for the Event, any information regarding the Museum, its exhibitions, or its programs must be approved by the Museum’s Public Relations Manager prior to its printing and distribution.  Reference to the Museum which is limited to its location (name, address, and directions) does not require approval.

10. Indemnification.  Host shall indemnify, defend and hold harmless the Museum, The Kemper Museum Operating Foundation and their respective directors, officers, employees and agents against all claims, losses or damages to persons or property (including damage to the Museum and/or its works of art) and costs (including reasonable attorney’s fees), arising out of or connected with the Event, except those claims arising out of the sole negligence or willful misconduct of the Museum.

11. Insurance. 

            (a) Organizations.  If Host is an organization, it must deliver a certificate of insurance to the Event Coordinator at least two weeks prior to the Event showing that such organization has in force bodily injury and property damage liability insurance in an amount of no less than $1,000,000 combined single limit, and certifying that the Museum, The Kemper Museum Operating Foundation, and their directors/trustees are named as additional insureds under such policy for all claims made relating to the Event.  Such coverage must extend to and include not only the ¨ Kemper Museum or ¨ Kemper East buildings and grounds (please specify) but also all parking facilities used in connection with the event.

            (b) Individuals.  If Host is an individual, he or she must deliver evidence (such as a letter from his/her insurance agent or insurance company) to the Event Coordinator at least two weeks prior to the Event that he/she has in place an umbrella liability policy, with policy limits of at least $1,000,000, against any damages done to the Museum or its contents as a result of or relating to the Event.

12. Entire Agreement.  This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, between the parties hereto with respect to the subject matter hereof.

13. Governing Law.  This Agreement will be governed by the laws of the State of Missouri, without regard to conflicts of laws principles.

14. Construction.  The headings in this Agreement are provided for convenience only and will not affect its construction or interpretation.  Unless otherwise expressly provided, the word “including” does not limit the preceding words or terms.

      The parties have executed this Agreement as of the date first written above. 
 

Kemper Museum of Contemporary Art   Host 
 

By:  Julie C. Blumenthal    ______________________________

Title: Events Coordinator     Title (if organization):

 
 

Policies and Procedures

Generally

• Food and beverages are allowed in Café Sebastienne, the courtyard, the meeting room, and the atrium.  No food or beverages are allowed in the Museum galleries.
• Host is responsible for informing guests that NO SMOKING is permitted within the Museum. 
• Candles, Sterno, and other open flames are not permitted in the Museum.
• In order to safeguard the Museum’s works, Host is responsible for requiring that guests use legal pads and pencils rather than spiral notebooks and ballpoint pens.  The Museum is happy to provide pencils for the Event.
• Objects—including: posters, signs, and sheets of paper – may not be affixed to the walls of the Museum.  Tape, tacks, stick pens or adhesives in any form may not be used on the walls of the Museum.  Please contact the Museum’s Event Coordinator for special display needs.
• Objects—including: balls, frisbees, pens, pencils, cups, etc. may not be thrown or used as missiles or projectiles in the Museum.
• All foliage, plants, flowers must be obtained from a licensed florist in order to prevent insect infestation to the Museum.
• Balloons are not permitted in the Museum.
• Required set-up distance from works is at least 6 feet.  This distance must be maintained at all times.  This requirement applies to tables, chairs, and music equipment, etc.  During events, some works may be removed at the sole discretion of the Museum.
• Wires or cords must not be placed across entry/exit routes.  All wiring must be UL rated.
• Space and proximity to the works limit dancing.  Dancing is allowed in the atrium, courtyard, and meeting room only, and only with prior approval of the Event Coordinator.

Timeline

• Hosts will provide to the Museum’s Event Coordinator a detailed timeline pertaining to details of the Event. 

Photography

• Because works of art are damaged by exposure to light, photography with flash or flood lamps is limited to certain areas of the Museum.  The Museum’s Events Coordinator must approve plans for photography and its location at least one week in advance of the Event. Photographer’s signature is required on the photography permit form.

Children

• Children under the age of 16 must be supervised by an adult at private functions.

 
 
 
 

Alcohol

• Alcoholic beverages may not be consumed by individuals under the age of 21 anywhere on the property of the Museum.    The Museum reserves the right to refuse service to anyone for any reason.

Musicians

• The Museum must approve the choice of musicians and reserves the right to deny permission to perform at the Museum to musicians who are not willing or able to abide by the Museum’s policies and procedures. 
• The volume of the music must be controlled and the number of instruments, which create vibrations, must be limited, and agreed upon by the Museum’s Event Coordinator.
• Musicians may be offered non-alcoholic beverages such as soda, water, coffee or tea, but may not consume their own alcoholic beverages nor avail themselves of alcoholic beverages offered to guests.  They are not to partake of food available to guests unless by prior written arrangement with Host, and the Museum is notified of such arrangement in advance.
• Musicians must provide to the Museum’s Events Coordinator, at least one week prior to the Event, a list of members of their group and a list of all items, including equipment, being brought into the Museum.  All deliveries are cleared through the Security Department.  Musicians are responsible for the carrying, set up, and removal of their equipment.  All equipment must be picked up immediately after the event or by 10:00 a.m. the following day.  If equipment is not picked up by 10:00 a.m. an extra charge of $100 per day will be added for storage.
• Musicians must contact the Museum’s Events Coordinator to do a joint walk-through at least ten days (10) prior to the event, so a mutual understanding can be reached regarding spatial needs and limitations.
• Because of the design of the Museum and the absence of any buffering materials, sound is magnified. Higher volumes create vibrations, which are a hazard to the artwork.  The Museum staff will monitor the volume of music and may require that the volume be turned down. Failure to comply with these requirements will result in immediate termination of the music.
• Musicians must be completely set up and playing at the time agreed upon in their contract.  Required set-up distance is a minimum of six feet away from walls and artwork.  Wires or cords may not be placed across entry/exit routes and all wiring must be UL rated.
• Musicians must provide music during their breaks.  Tape players or CD players may be set up in a location approved by the Museum staff.
• The lead musician must agree in writing to these conditions no later than one month prior to the event date.