WHEREAS, Customer desires to rent the Site and obtain and secure Contractor’s products and/or services more specifically set forth below, (the “Event”);
NOW, THEREFORE, the parties hereto, in consideration of the mutual promises and covenants as herein set forth, and intending to be legally bound, covenant and agree as follows:
1. Duties. Contractor shall provide the products and/or services set forth herein at Section 16 relating to the Event. Customer shall pay Contractor the Contract Sum and shall honor and abide by all terms of this Agreement.
2. Contract Deposits. Contemporaneous with the execution of this Agreement Customer shall deposit with Contractor a non-refundable advance deposit in the amount of fifty percent (50%) of the total Contract Sum (the “Contract Deposit”) to secure the availability of the products and/or services relating to the Event. Contractor shall not refund the deposit even after a substitute event takes place.
3. Balance Due Customer shall pay to Contractor the outstanding amount in U.S. Dollars at least thirty (30) days prior to the Event or this Agreement shall terminate.
4. There is a damage deposit of $150 which requires a bankcard or personal check left on file. The amount will not be processed unless damage occurs, time extensions for your event beyond what is provided in your package, or excessive cleaning must be done, either in the reception area, the cabin or on the property. You may wait until the 30 days before the event before submitting the card information or providing a personal check.
5. Following the booking of an event, the Guest is provided with two additional visits to the facilities at no additional charge in order to meet and consult with vendors. Each of the visits must be scheduled no less than ten days prior to the date of request. The visits shall not exceed 90 minutes per appointment. If the guests should fail to show-up for a scheduled consultation, the time will be charged as a completed visit. Should the guest have need of additional consultations on the property, there will be a charge of $75 per ninety-minute block of time.
6. Default; Breach. Upon Customer’s breach or default of this Agreement, Contractor may (i) cease performance and/or terminate this Agreement, (ii) recover all damages, and (iii) assess a penalty of $100 per 1/4 hour for any labor resulting from Customer’s breach or default of the Agreement, all of which will be added to the Contract Sum, which (iv) shall accrue interest at the rate of eighteen percent (18%) per annum of the unpaid Contract Sum until paid in full. Customer further agrees to pay all reasonable costs of enforcement and/or collection, including reasonable attorney’s fees, all expenses, fees and court costs.
7. Indemnification. Under the terms of this Agreement, Customer shall release, waive and hold Contractor harmless from and against all claims, rights, actions, or liabilities relating to its negligence in whole and in part.
8. Integration and Merger. This Agreement inclusive of all exhibits and attachments states the entire agreement between the parties and shall be binding upon and inure to the benefit of the parties hereto, their respective legal representatives, successors and assigns, and contains the final and entire agreement between the parties hereto.
9. Force Majeur. Contractor shall not be liable to Customer for any failure or delay in performance of its obligations hereunder by reason of any event or circumstance beyond its reasonable control, including without limitation acts of God, war, riot, strike, labor disturbance, communications or utilities failure, fire, explosion, flood, or shortage or failure of suppliers.
10. Choice of Law. This Agreement between Contractor and Customer shall be governed and construed according to the laws of the State of Tennessee, and any dispute hereunder shall be resolved in the Circuit Court (Equity Division) for Blount County, Tennessee.
11. Termination. Any breach or default by Customer under this Agreement shall comprise an event of material breach, including but not limited to Customer’s (i) breach of any terms or conditions, (ii) cancellation of the Event, and/or (iii) failure to pay the Contract Sum, thereby entitling Contractor to immediately terminate this Agreement without notice of termination or prejudice to any other remedy of Contractor.
12. No Partnership or Joint Venture. Nothing herein contained is intended or meant to create or establish the relationship of partners, associates or joint venturers between the parties hereto.
13. Miscellaneous. This Agreement may not be assigned, amended, modified or terminated, and no such assignment, amendment, modification, termination or waiver shall be effective unless executed in writing by the party against whom enforcement thereof is sought.
14. No Waiver. Any waiver by the parties of any breach of any covenant herein contained to be kept and performed by the parties shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent said parties from enforcing any succeeding default or breach.
15. Notices. All notices, demands, requests or other communications that may be or are required to be given, pursuant to this Agreement shall be in writing and shall be mailed by U.S. mail, postage prepaid to the parties as set forth in the first paragraph of this Agreement.
16. All events are subject to the following Service Policies applicable to the Event and the Site at all times material hereto:
- a. Sampson’s Hollow LLC is located in a residential community. The Site is very private and secluded, yet there are homes and other businesses in close proximity to the Site. Thus, a 10:00 p.m. curfew applies to all events, including weekend packages, and Customer will be liable to Contractor for $100 per each ¼ hour thereafter and all damages resulting there from which shall be added to the Contract. Noise levels, including music and sound must comply with this “good neighbor” policy and may be regulated by members of our staff if deemed in noncompliance of the policy;
- b. Contractor shall not supply table linens, as these are the sole responsibility of the Customer; (unless our catering services are used)
- c. Customer must clean-up the Site and all facilities used in connection with the Event as instructed by Contractor, or Contractor will charge $100 per 1/2 hour required to clean the same which shall be added to the Contract Sum. Contractor will provide trashcans, trash bags (not to exceed 6 ), and will dispose of bagged trash; Outside caterers must provide their own garbage bags, paper towels, dry towels and all kitchen-related equipment and supplies. Please initial:
- d. The customer will have the choice of utilizing the dressing room located in the upstairs loft of the barn or in the one-bedroom cabin provided that the Cabin is purchased as part of a package or booked separately. Additional restroom facilities are available in the barn. The use of the loft is restricted only to the time of the actual Event and to those members of the bridal party who will be using the loft for dressing; this also includes weekend packages. Children are not to be left unattended in loft and said loft with television is not to be used as an entertainment area for children. Subject to the terms hereof, for weddings only said barns half-loft may be used by the bridal party, as needed, for dressing and/or for the bride to toss the bouquet or to enter/exit during the ceremony. It is not available for overnight lodging.
- e. In order to maintain the rural and primitive appeal of the Site, the bridal parties and/or guests of Customer must use only wildflower seeds or bubbles to “send off” the wedding couple. Depending on use and season of year, sparklers (but no further or other fireworks) may be permitted with prior written approval of Contractor or its property manager. If the Contractor grants approval of sparklers, the guest is responsible for the supervision of minors and for clean-up of the property following the use of any materials. Paper or metallic confetti, streamers, paper or sparkles may never be used and an additional clean-up fee will be charged if this policy is violated.
Customer agrees that neither Contractor nor its officers, agents, family members and other representatives shall be at any time responsible and/or liable for any damages, loss, loss of property (including bodily or personal injury) as may be incurred by
- Customer and its guests while using any aspect of our the Site, the adjoining property and/or any facilities or adjoining areas of the farm that may not intended for general use by the public resulting in whole or in part by reason of Contractor’s act or omission;
- Customer agrees that neither Contractor nor its officers, agents, family members and other representatives shall not at any time be responsible or liable for any type of inclement weather, any act of nature, outdoor sounds (e.g., cows mooing, dogs barking), natural occurrences (flooding), or any other type of event that might occur prior to or during a scheduled Event, and that the Contract Sum will not be adjusted in respect of the same.
- h. If the event is a wedding, the Guest must have a designated Wedding Coordinator or Director. A member of our staff may be hired to provide this service if Guest does not have a Wedding Coordinator or Director available. It is strongly recommended that this be an experienced person who can monitor and supervise all activities on the day of the wedding. It is not always the best choice to use immediate members of your family or friends, as it does not allow for the fullest enjoyment of the event. The designated individual must contact the Sampson’s Hollow representative and discuss details of the event/ceremony seven days prior to the date of the event.
- If you opt not to use one of our wedding coordinators and choose to use someone else, please read and sign the supplement regarding the role, responsibilities and importance of a wedding coordinator for your event at Sampson’s Hollow. We strongly encourage the use of one of our wedding coordinators as each one is experienced with the various options of using our property, including decisions and an action plan in the event of poor weather.
- If the guest decides to forgo the services of our coordinators, it will be the responsibility of the guest to move and rearrange the setting for the ceremony site in the event of last minute decisions regarding rain (bad weather).
17. General Procedures:
- a. FOOD SERVICE POLICY: Contractor will not require Customer or its guests to choose from a recommended list of vendors. However, Customer and its guests are required to submit a list of the vendors that will be used for the event at least two (2) weeks prior to the Event. Caterers and food service providers must have their food prepared prior to arriving on property. Our facilities may be used for warming, cooling, storing (on the day of), final prep, and clean-up, but food MAY NOT be prepared from scratch to finished product. Individuals and/or professional caterers who are providing this service to the guest are not to use our serving utensil, chafing pans and/or cookware without paying a rental fee. These items belong to our own in-house caterers.
- Caterers or food-service providers must work within the time frame of the selected package.
- There will be an additional
- charge should the food service provider fail to follow check-out/clean-up policies following the event, in the amount of $150.00, payable by the guest (using the credit card left on file for the damage deposit).
- Sampson’s Hollow has added this clause due to recent problems with outside caterers and families
- who choose to provide their own food.
- b. If Customer books the Site for a single day/evening Event, including Sunday afternoon events, then Customer and its vendor(s) must use only the contracted timeframes set forth above for set-up and assembly, and Contractor must be advised in advance as to the same at least two (2) weeks prior thereto.
- c. Rehearsal times may not be available to Customer at the Site’s Location on the afternoon/evening prior to the day of the Event. The allotted time for the rehearsal will begin at the designated time regardless of the time that all participants arrive.
- With regard to rehearsal time and beginning and ending on schedule, there will be a 20 minute grace period provided with any package. Following that 20 minutes, any portion of time beyond the agreed and contracted time will be charged $100 per hour in excess of the contracted sum and charged to the credit card on file.
- d. Customer agrees that Contractor’s nature trails through the woods at and adjacent to the Site shall be used at the personal risk and liability of Customer and its guests. Customer further acknowledges that Contractor will suffer damages if its nature trail and woodland areas are not protected or used as required herein, and Customer shall be liable to Contractor for all damages sustained to the Site including all facilities, all natural conditions found thereupon including all wildlife, woodlands, habitats, plant and animal life of every kind whatsoever. Customer agrees that Contractor shall not be responsible or liable for any injury that might occur while hiking or exploring on the nature trails or woodlands whether naturally occurring or otherwise.
- PLEASE NOTE: Our wildflowers are not to be picked; especially for use as decorations. We understand that occasionally children, in their innocence, will pick stems of flowers. However, as with any private property, our flowers and flowering shrubbery and greenery are to be enjoyed by your guests and future guests of our property. If flowers are picked for the intention of using them as substitutes for buying your own flowers for your event, the guest will be charged based on a per use as compared to when Sampson’s Hollow contracts to do flowers for our brides.
- e. Children are welcomed at any event of Contractor. Customer agrees that in the interest and safety of children that children shall be supervised and furthermore, that children shall not explore alone the woodland and water areas comprising the Site or adjacent thereto. Children are not allowed in the cabin or loft without personal supervision of parent or designated adult. Sampson’s Hollow features the use of antiques, collectibles and family heirlooms that are rare, costly and impossible to replace. We ask you to help us to maintain the heritage of our family.
- Children must be supervised at all times. Do not allow children roam freely without being supervised.
- Damages caused to the property by children of guests will be charged to the client.
- f. The average capacity within the barn, including the covered front porch and parlor area is approximately 75 – 110 persons depending on use of space and allocation of seating. The front yard can be used to seat additional guests. Tents may be used, set up and arranged by a member of Contractor’s staff. The cost of the tent will depend on the number of persons required to assemble and disassemble the same, as well as the size and style of the tent. Additional tables and chairs may also be rented at an additional charge.
- g. Contractor agrees to arrange for the use of a horse and carriage if requested in advance by Customer for an additional charge. The price for this service will depend on the type of carriage, number of horses, and amount of time requested. Due to the popularity of this service, Customer understands that availability may be limited and agrees that all bookings in respect of the same must be made in advance.
- h. Customer agrees that all and any damages, repairs, or other costs incurred by Customer’s use of the Site, its facilities or adjoining property (ies), as determined in the sole opinion of Contractor, shall be the responsibility of Customer and the Contract Sum shall increase in a corresponding amount. Customer acknowledges that all of its decorations must be approved prior to the Event, and that Contractor must also approve any use of sparklers, candles, or lanterns a minimum of seven days prior to the event. Silk petals ARE NOT to be used on the grounds.
- Use of Cabin:
- Should the bride and/or groom have use of the cabin for overnight accommodations prior, during/ or following the wedding and/or reception, the cabin is for their use only. The cabin may not be used to extend the party or celebration as the occupancy of the cabin is limited to a capacity of 3 guests. Should this rule be abused or ignored, the guest will be billed at $300.00 per hour for using the property for entertainment purposes rather than for the overnight accommodation it is intended to be. Smoking in the cabin is not-allowed and should the cabin smell of cigarette smoke or cigarette ashes or remains found within the cabin or on either porches, the guest will be charged a fine due to the additional cleaning which will be required to fumigate and eliminate the smell from the structure (curtains, couches, linens, comforter, etc).
- Excessive trashing of the cabin will incur a damage deposit and additional cleaning fee at a minimum of $150.00. All trash must be bagged, dishes washed and put away and personal items removed.
18. If the guest wishes to serve wine or champagne, a separate policy must be completed, signed and implemented; details are listed in the Alcohol Policy Contract included in this packet of information. The completed contract must be on file with Sampson’s Hollow a minimum of four weeks prior to the event date. Failure to comply with this policy will result in the confiscation of the unauthorized beverages and possible eviction from property of offending person (s). Please read alcohol policy/contract very carefully and share the guidelines with your guests and family members.
19. AMENITIES. The Contractor will provide the following additional services to the Customer;
Valet parking for all guests. Guests will be asked to leave their keys with a professional member of our staff who will park and secure each vehicle in a safe area on the property. Each guest will be escorted to the facility by a host or hostess and the guest’s keys will remain with the vehicle under staff supervision. Each guest will have access to his or her vehicle at any time. This additional service is offered to our guests in order that they may fully enjoy our hospitality and not have to concern themselves with walking to and from the parking area. Valet parking is strongly encouraged in order that we might maximize the number of vehicles in our parking space and prevent them from appearing in the background of photography of the event. Please share this information with your guests. If said event is a wedding; Chilled bottled water. Guests will be offered a personal bottle of chilled water to take with them to the wedding site. Water is provided only for the ceremony. Water is not provided for the rehearsal time or for the bridal party and family members upon their early arrival for pre-wedding activities, or during the reception, unless our catering services are included in the purchased package. Old-fashioned hand fans. Guests will be offered an individual hand fan for their comfort and use in outdoor ceremonies. The fans are a token of our appreciation for visiting with us on our family farm.
20. ACKNOWLEDGMENT. I/we, the Undersigned Customer, have read the Agreement and the policies and procedures of Contractor, and Customer agrees for itself and its guests, vendors, suppliers, photographers, caterers, planners and other representatives to all terms and conditions hereof. Sampson’s Hollow is a family-owned property with guidelines and policies reflecting our family’s traditions and beliefs in this, our faith-based enterprise. Sampson’s Hollow recognizes and honors that the covenant of marriage shall be Between a woman and a man, as ordained by God.
I further understand and agree that I have made a 50% deposit in the amount of $__ _______, which is non-refundable. If, for any reason, a guest must cancel their event, the deposit (less 20%) can be transferred to another date within one calendar year of the original date.
Information about payment methods:
Payment can be made by bank card, personal check, money order or cashier’s check and mailed to Sampson’s Hollow, 1335 W. Miller’s Cove Rd., Walland, TN 37886. There is a damage deposit of $150.00 which requires a bankcard or personal check left on file. The amount will not be processed unless damage occurs or excessive cleaning must be done, either in the reception area, the cabin or on the property. This is standard policy for rental properties. We look forward to working with you and are honored to be selected as the host site for your event.