Facility Rental Agreement — Release of Liability, Waiver of Claims, Assumption of Risk, Indemnification & Media Release — Please read this entire document carefully. It affects your legal rights. By typing your name and clicking to sign, you agree to these terms on behalf of yourself, your organization, and every person attending your event.
This Agreement is entered into by the undersigned client (“Client,” “I,” or “me”) in consideration of being permitted to rent, occupy, or use any portion of the premises operated by The Source Kona LLC (“The Source”), located at 81-6394 Mamalahoa Hwy, Kealakekua, HI 96750.
1. Released Parties. “Released Parties” means The Source Kona LLC and its owners, members, managers, officers, operators, organizers, employees, contractors, instructors, volunteers, and agents; the property located at 81-6394 Mamalahoa Hwy, Kealakekua, HI 96750; the property owner / landlord Elaine Jensen; the property management company SVN GO Commercial; and our neighboring property St. John's Church, located at 81-6402 Mamalahoa Hwy, Kealakekua, HI 96750.
2. Assumption of Risk. I understand that use of the premises and all related activities are inherently risky and carry the risk of serious bodily injury, permanent disability, paralysis, property damage, or death. I knowingly and voluntarily assume all such risks, both known and unknown, for myself and for all persons attending my event.
3. Spaces & Activities Covered. This Agreement applies to every space I rent or use, including the entire property, the lower showroom building, the upper warehouse space, the outdoor stage / parking lot concert venue, the music studio and live band practice room, private workrooms, restrooms, walkways, and parking areas — and to all activities occurring there, including but not limited to weddings, private parties, concerts and live music, DJ and amplified sound, rehearsals and recording, markets and vending, food and beverage service and consumption, dancing, fitness, aerial and circus arts, meetings, workshops, load-in and load-out, and setup and teardown.
4. Aerial, Circus & Fitness Equipment. I understand aerial silks, trapeze, lyra, rope, pole, tumbling, and other apparatus and fitness equipment involve working at height, inversions, falls, equipment failure, rope burn, sprains, fractures, and head, neck, or spinal injury. Neither I nor my guests will use any apparatus or equipment without express written permission and proper supervision, and never while impaired.
5. Crowds, Grounds & Parking. I understand events draw crowds, and that the premises include uneven ground, low light, vehicle and foot traffic, trip hazards, and the conduct of other persons outside the control of the Released Parties. I accept these risks and am responsible for crowd management at my event.
6. Food & Beverage. I understand food and drink may be prepared or supplied by me, my guests, or independent vendors. I assume all risk of allergens, foodborne illness, and adverse reactions, and I am solely responsible for compliance with all health, permitting, and liquor laws applicable to my event, including licensed service and prohibition of service to minors.
7. Loud Music, Lighting & Equipment. I understand live music, DJ sets, amplified sound, and studio environments produce high sound-pressure levels that may cause hearing damage or tinnitus, and that lighting effects may affect photosensitive individuals. I am responsible for hearing protection and for the careful, proper use of any house sound, lighting, staging, tables, chairs, or other equipment made available to me.
8. Release & Waiver of Claims. To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue the Released Parties from and for any and all liability, claims, demands, damages, losses, costs, attorney's fees, or causes of action of any kind arising out of or related to my rental, my event, or my or my guests' presence on the premises — including any incident, accident, loss, theft, property damage, injury, illness, or death — including claims based on the ordinary negligence of the Released Parties. This release is binding on me, my organization, my heirs, executors, administrators, assigns, insurers, and legal representatives.
9. Responsibility for All Guests — Invited and Uninvited. I accept full and sole responsibility for the conduct, safety, and actions of every person present at or connected to my event, including my guests, family, staff, contractors, vendors, performers, minors in attendance, and any uninvited person, gate-crasher, or member of the public who arrives announced or unannounced during my booked event. I agree the Released Parties bear no responsibility whatsoever for any such person or for anything they do or suffer, and I will immediately notify The Source staff and, when necessary, law enforcement of any disturbance.
10. Indemnification & Defense. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, suits, demands, judgments, settlements, fines, penalties, losses, liabilities, damages, and expenses (including reasonable attorney's fees and court costs) brought by me, my guests, any uninvited attendee, or any third party, arising from or related in any way to my rental or event. If any claim or lawsuit is brought against any Released Party arising from my event, I will assume its defense at my own expense and pay any resulting judgment or settlement.
11. Damage, Cleanup & Loss. I am financially responsible for all damage to the premises, buildings, fixtures, grounds, landscaping, equipment, and neighboring property caused by me or anyone at my event, and for any required cleaning, repair, replacement, or removal of trash and property left behind. The Released Parties are not responsible for loss, theft, or damage to any personal property brought onto the premises.
12. Insurance. The Source may require proof of event liability insurance naming the Released Parties as additional insureds. I understand the Released Parties' insurance does not cover me, my event, or my guests, and that I assume the risk of being uninsured if I elect not to obtain coverage.
13. Compliance, Rules & Neighbors. I agree to obey all posted rules, staff instructions, capacity limits, noise and curfew requirements, fire-lane and exit requirements, and all applicable laws and permits. I agree to respect the parking lot generously shared by St. John's Church and to abide by their request of no smoking and no alcohol use on their property, and to direct my guests to do the same.
14. Media & Social Media Release. I grant The Source the irrevocable right to photograph, film, and record the event and to use the resulting images, likenesses, voices, and names in any media — including websites, social media, and promotional materials — without compensation, and I waive any right to inspect or approve such use.
15. Minors. If minors will attend, I certify that I or a designated responsible adult will supervise them at all times, and I agree to all terms of this Agreement on behalf of any minor in my care, including the assumption of risk and release of claims.
16. Cancellation & Right of Refusal. The Source may cancel, postpone, or end an event for safety, weather, capacity, permitting, or conduct reasons, and may refuse entry to any person. I agree the Released Parties are not liable for any consequential losses arising from such action.
17. Severability & Governing Law. This Agreement is governed by the laws of the State of Hawaii, with exclusive venue in the courts of the Third Circuit, State of Hawaii. If any portion is held invalid or unenforceable, the remainder stays in full force and effect, and the invalid portion shall be enforced to the maximum extent permitted by law.
18. Electronic Signature. I agree that typing my full legal name and clicking to sign constitutes my legally binding electronic signature, with the same force and effect as a handwritten signature, and that a record of this Agreement may be stored electronically by The Source.
I have read this entire Agreement, fully understand its terms, understand that I give up substantial legal rights — including the right to sue — by signing, and I sign freely and voluntarily.