Terms + Conditions
These Policies are entered into by Tendue LLC. (Tendue) and the Client on the date and for the duration reserved by the Client when booking at www.tendue.co/book and confirmed through Client payment of the invoice amount.
– LICENCES & FEES
Fees; Venue, Rental Items and Services. Client shall pay to Tendue a Use Fee in the amount(s) as indicated in the Client reservation. The Use Fee, shall be paid at the time of reservation, and once paid, shall be non-refundable to Client, except as otherwise expressly set forth herein. Subject to the terms of this Agreement, Tendue hereby grants to Client, and Client hereby accepts the terms set forth herein, a license for the temporary use of the Premises for the duration and use described in the Client reservation form.
Fees; Cleaning. If Tendue is not returned to pre-event cleanliness as determined through the conditions assessment performed before and after the Client reservation, Client shall pay to Tendue a Cleaning Fee in the amount(s) of $200/hour for the duration of time it takes Tendue staff to clean to return the Premises or Rental Items to their pre-rental conditions as determined by Tendue. A minimum of a one hour will be charged to the Client for any required cleaning.
Fees; Overage. Client shall pay to Tendue an Overage Fee in the amount(s) of $100/hour for any time beyond the indicated in the Client reservation. A minimum of a one hour will be charged to the Client for any Overage.
Fees; Loss & Damage. Client shall pay to Tendue a Loss & Damage Fee in the amount(s) equivalent to the fair market replacement cost, as determined by Tendue, for any lost or damaged items.
Rental Items. If selected in the Client reservation form and subject to the terms of this Agreement, Tendue hereby grants to Client, and Client hereby accepts the terms set forth herein, a license for the temporary use of tableware items for the duration of the Client reservation.
Cancellation. If Client terminates this Agreement or if Tendue terminates this Agreement for Client default, Client acknowledges and agrees that Tendue shall be entitled to retain any amounts paid by the Client to Tendue prior to such termination as Liquidated Damages. For purposes hereof, cancellation includes changing the date of Client’s use of the Premises within 30 days of the rental reservation. The parties acknowledge that it would be extremely difficult to establish Tendue’s damages under this section so the parties agree that it is reasonable at such time to award Tendue the sums indicated herein as liquidated damages, and are not a penalty.
– USE OF PREMISES
Permitted Uses. Client shall use the Premises solely for the use and for the duration described in the online reservation intake form completed by the Client when securing the reservation. Client shall not do or permit anything to be done in or about the Premises that will in any way obstruct or interfere with the rights of or injure or annoy neighbors or other occupants of the building. In particular, Client shall not cause, maintain or permit any loud or obnoxious noises or other nuisance in, on or around the Premises. Client shall not do or permit anything to be done in or about the Premises and common areas that may render the insurance thereon void or increase the insurance risk thereon. If an increase in rent or any fire and extended coverage insurance premiums paid by the Tendue for the Building is caused by Client's use and occupancy of the Premises, then Client shall pay as additional fees the amount of such increase to the Tendue.
Compliance with Laws. Client shall, at its own cost, obtain any applicable local, state and federal licenses or permits required for Client to engage in the permitted use on the Premises, including without limitation any permits required for the serving or sale of food or alcoholic beverages on the Premises. Client shall not use the Premises in any way (or permit or suffer anything to be done in or about the same) that will conflict with any law, statute, ordinance or governmental rule or regulation or any covenant, condition or restriction affecting the Premises or Building, now in force or that may hereafter be enacted or promulgated. Client shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules and regulations. Client agrees to fully indemnify Tendue against any liability, claims or damages arising as a result of a breach of the provisions of this section by Client, and against all costs, expenses, fines or other charges arising there from, including, without limitation, reasonable attorneys' fees and related costs incurred by the Tendue in connection therewith. Client shall not use the names, logos or other proprietary designations of Tendue or the Premises to imply that Tendue is sponsoring or co-sponsoring any Event without prior written approval of Tendue, which approval may be withheld in Tendue’s sole discretion. This Agreement confers no trademark, or other, rights or licenses to Client under Tendue’s names, logos, or other proprietary designations or rights
– BASIC SERVICES AND UTILITIES
Basic Services to be supplied by Tendue. Tendue shall use commercially reasonable efforts to provide reasonable amounts of heat, water and electricity to the Premises, but Tendue shall have no liability for any interruption of utilities or other services.
Services to be supplied by Client. Unless and then only to the extent otherwise selected by the Client as part of their reservation, Client shall be responsible for all aspects of producing its Event on the Premises, including without limitation (i) catering services (including food and drinks); (ii) publicity and advertising activities, if any; and (iii) security (if any), (iv) any and all Event coordination, and (v) all rental items (including linens, glasses, china, serving bowls & flatware).
Food and Drink. Client is welcome to provide their own food and drink or select a caterer of their choosing. Tendue does not allow cooking on premise. Safe operations of crockpots, induction burners or chafing dishes are allowed for the purpose of reheating or keeping food warm.
– CONDITIONS OF PREMISES
Existing Condition of Premises. Before the Event, Client shall inspect the Premises and agrees to accept the use of the Premises in their “as is” condition, with all faults and shortcomings as identified in the pre-Event conditions assessment walkthrough completed by the Client, and agrees that Tendue shall not be held responsible for any damage to Client’s property, or any inconvenience or damage to Client’s right of occupancy, caused directly or indirectly by the existing condition of the Premises.
Client's Obligations; Tendue’s Right to Make Repairs & Replacements. Client shall keep the Premises and any common areas affected by the Event in good condition and repair. Client is responsible for immediate clean-up of all spills and shall in no circumstances leave soiled areas in disrepair. At the conclusion of the Event, Client shall leave the Premises and any rented items in at least as good a condition, state of repair and cleanliness as existed upon delivery of the Premises to Client. Tendue shall have the right to do such acts and expend such funds at the expense of Client as are required to return the Premises to good, safe and sanitary order, condition and repair following the Event and to replace any lost or damaged items.
Client agrees to be solely responsible for and shall pay Tendue for any damages to the Premise that occur during the entire rental period in accordance with these terms, including damage occurring whether caused by Client or by Client’s guests, third-party staff, or third party vendors.
Damages include, but are not limited to, heavily stained upholstered items, broken furniture, rips or tears in upholstery, scratches on furniture, wax left on or tables, floors or windows, breakage of any kind, improper use resulting in damage; or other damage caused by abuse, vandalism, theft, unexplained disappearance, or shortages. Any amount so expended by Tendue shall be promptly charged directly to the Client and Client agrees to immediately pay the entire invoiced amount.
– CLIENT’S INSURANCE
Client is required to have commercial General Liability Insurance (or Personal Liability Insurance if Client is an individual) in the amount of not less than $20,000 each occurrence, naming Tendue as an additional insured by separate endorsement attached to the certificate of insurance. Client’s insurance is to be primary to and without right of contribution from similar insurance maintained by the Tendue. Coverage applies to (i) the Premises during the Event, (ii) operations of independent contractors engaged by Client for services on or about the Premises, and (iii) contractual liability; and if alcoholic beverages are being served at the Event, a policy covering $1,000,000 "Full Liquor Liability"; and such other insurance as Tendue deems reasonably necessary in light of the nature of the proposed Event.
Failure to Insure. Failure to secure such insurance entitles Tendue to terminate this Agreement.
Lost Items. Tendue does not assume liability for any personal property and equipment (“Property”) of Client, its employees, agents, contractors, volunteers, agents, patrons, guests, invitees or third party providers brought to the Premises or the theft of the Property or other losses suffered thereby, and any Property brought onto the Premises shall be at the sole risk and responsibility of the Client.
Client’s Obligation. Client agrees to indemnify, defend, and hold harmless Tendue and Tendue's officers, employees, managers, members, representatives, agents and affiliates, from and against any and all claims, obligations, liabilities, causes of action, suits, losses and damages (together with costs and expenses incurred in connection therewith, including reasonable attorneys’ fees) for (i) the breach of this Agreement (including the Facility Use Policies) by Client or Client's guests, invitees, agents or representatives, (ii) the negligence or willful misconduct of Client or Client's guests, invitees, agents or representatives, or (iii) bodily injury (including death) or property damage resulting from, arising out of, or incident to acts or omissions of the Client or Client's guests, invitees, agents or representatives.
Limitation on Tendue's Liability. In no event will Tendue be liable to Client or any of its affiliates, guests, invitees or agents for any incidental, special, consequential, exemplary or indirect damages arising out of or related to this agreement (including, without limitation, any loss of revenue, profit or use) even if client has been apprised of the likelihood of such damages. Further, in no event will Tendue’s liability exceed the actual amount paid by client under this agreement.
Force Majeure. Fire, flood, epidemic or other causes beyond the reasonable control of the parties that prevent any party from performing any obligation hereunder will suspend the affected party’s obligation to perform during the period required to remove such cause. The party suffering such Event will promptly notify the other party and if the period of suspension would last longer than 30 days, then such party shall provide the other with a written risk mitigation plan to reasonably continue performing within 30 days.
Notices. Any notice, request, demand, or other communication required or permitted by this Agreement that is addressed as provided below will be deemed properly given (a) when actually delivered if delivered personally; or (b) if sent by certified mail, or overnight courier or express mail, return receipt requested, when the return receipt indicates delivery was made. Addresses for notice appear in the Summary of Terms, and either party may change its address for notice by providing notice to the other.
Independent Status. There is no relationship of partnership, joint venture, employment, franchise or agency between the parties. Except as expressly provided in this Agreement, neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
Entire Agreement; Amendment; No Waiver; Counterparts. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof. All previous agreements and understandings between the parties regarding the subject matter of this Agreement are hereby superseded. This Agreement may be modified only by an agreement of the parties in writing. Failure of either party to exercise promptly any right granted by this Agreement, or to require strict performance of any obligation undertaken by the other party pursuant to this Agreement, will not be deemed to be a waiver of such right or of the right to demand subsequent performance of any and all such obligations undertaken by the other party. This Agreement may be agreed to in counterparts, each of which taken together shall constitute one in the same instrument.
Assignment. Tendue may assign its rights or delegate its duties under this Agreement to any other person or entity without the prior written consent of Client. Client may not assign its rights or delegate its duties under this Agreement without the prior written consent of Tendue.
Governing Law; Dispute Resolution. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon, without regard to its conflicts of laws principles. The courts of the State of Oregon and the Federal courts located in Multnomah County, City of Portland shall have sole and exclusive jurisdiction over any action under or arising out of this Agreement, and the parties waive any defense of lack of personal jurisdiction to any action based on a breach of this Agreement. In any action at law or in equity to enforce any of the provisions of this Agreement or an action based on a breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which it may be entitled.
General Photo Release. Client agrees that Tendue may take images of the Event and, if applicable, hereby grants to Tendue a non-exclusive royalty-free license to use other images of the Event for Tendue’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion. Client hereby waives any right to payment, royalties or any other consideration for Tendue’s use of such images. Client further waives the right to inspect or approve the use of such images, including those images in which Client’s likeness appears. Client hereby agrees to release and hold Tendue harmless from all claims, demands, and causes of action which Tendue, its contractors, and their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client’s estates have or may have by reason of this authorization.
- OPTIONAL TABLEWARE ADD-ON
Tendue’s role is to provide temporary use of tableware items included in Tendue’s inventory. The Client is responsible for clean-up of all items. All Client damage policies still apply.
Substitutions by Tendue. Tendue reserves the right to make reasonable substitutions of Rental Items, when necessary, and shall inform Client of such substitutions prior to the Event when possible.
Return Condition. Following the event, Client shall clean and return all Rental Items to their pre-event condition. Client shall clean and sanitize all food-related Rental Items (such as plates, glasses, china, serving bowls and flatware, serving dishes, cake pedestals, etc.) following the Event; failure to do so shall result a cleaning fee as determined at Tendue’s sole discretion.
Missing Items. Tendue will make reasonable efforts to locate missing Rental Items at the completion of the event. If Rental Items are not found in the designated location, including any packaging and crates, Client will be charged fair market replacement costs plus ten percent (10%) for missing items.
- OPTIONAL EVENT CLEAN-UP ADD-ON
Tendue’s role is to provide cleaning of the Venue and all Rental items (if any). The Client is responsible for immediate clean-up of all spills and shall not leave these for Tendue. All Client damage policies still apply.
- FACILITY USE POLICIES
Alcohol. Client may bring and consume outside alcohol. The commercial serving of alcoholic beverages is only permitted if the Client secures proper permits.
Animals. No animals, except those specifically trained to assist the disabled, are permitted in the space.
Audio/Visual. Audio and visual equipment are permitted but may not interfere with any of the other uses or tenants of the building.
Branding. Branding logos or images with the use of light is permitted only inside walls of Tendue. It is not permitted on the outside walls of the Premise.
Candles. Any use of candles must be approved in advance by Tendue. If permitted, all candles must be monitored by the Client and contained within a glass container. The flame must not reach higher than two inches below the height of the glass.
Cooking. No cooking is permitted indoors. Warming devices are permitted with prior approval.
Grills, Open Flame. The use of all open flame, liquid propane gas and compressed natural gas are prohibited inside Tendue and on the Building grounds.
Event Ending Time. All Events must end by, and all guests must have departed, all cleaning must be complete by predetermined Event end time. This includes Client items, including but not limited to rentals, decorations, and catering equipment must be removed by the end of Event.
Decorations. Decoration is limited to the interior of Tendue, and shall adhere to the requirements set forth in the most recent editions of the appropriate Fire and Building Codes for activities involving public assembly. All decorations must be removed from Tendue without leaving damages by the predetermined Event end time. Any remaining items will be removed and assessed a clean-up fee of $200 per hour.
All other decoration must be freestanding. No adhesive material of any kind is allowed to be fixed to the walls or floors, furniture or any surface. Nails and staples of any kind are not permitted.
The use of birdseed, rice, confetti, flower petals, balloons, glitter, fog machines, pyrotechnics, sparklers and blowing bubbles are not permitted.
Disabled Access. The facility is accessible for the disabled but has not been deemed ADA certified.
Emergencies. For emergency assistance call 911.
Equipment. Tendue is rented fully furnished. Under no circumstances should furniture be removed from the Premise. Tendue’s kitchenette does not include equipment such as stoves, ovens, microwaves, pots and pans. Client may transport outside products to Tendue on their own accord. There is no guarantee the building elevators will be usable for the Client.
Fire Regulations. All exits must remain clear at all times and emergency exit signs must not be obscured from view.
Internet. Wireless Internet connectivity is provided inside Tendue.
Liquor / Beverages / Illegal Substances. Alcohol may not be served to minors. At any time, if Tendue’s staff deems alcohol consumption to be excessive, the staff has the authority to close down all alcohol service and/or evict inebriated guests from Tendue.
Images. Prior written approval is required for any commercial use of Tendue branding and images.
Lost and Found. If guests have left behind personal items not found during clearing, please Client shall contact Tendue to set up a time to retrieve items, if they have been found. Tendue is not responsible for such personal property and will not hold any items for more than 1 week.
Music. Amplified music is not permitted within Tendue. Tendue reserves the right to request a demonstration of music volume levels prior to the Event and enforce or request changes to volume levels in its sole discretion.
Rental Period; Overtime Charges. Rental rates are based on an agreed upon rental period. The rental period is inclusive of set up and decorating, the actual Event, and removal of persons, personal belongings, cleaning of the Premise and any rental items and display materials to the condition they were at the start of the rental. Additional hours may be purchased based on availability. Additional hours will be charged at the appropriate overtime rate. This fee will be charged in one hour increments. Fee is $100/hr. for any overtime that occurs.
Parking. Non-exclusive public street and paid lot parking surrounds Tendue.
Pre-Event Venue Condition Assessment. Client or the Client’s delegated representative, is required to attend a pre-Event conditions assessment walk-through with Tendue’s staff five minutes prior to the rental start start time. During this assessment, the existing Venue condition will be recorded through completion of a pre-event condition assessment form and through the photographs taken by Tendue. Client agrees to return Tendue to the pre-event condition by the designated rental end time. If Client purchases the Event Clean-Up Add-On, the Client is not required to complete cleaning. Client is always responsible for Venue damage.
Post-Event Venue Condition Assessment. Client or the Client’s delegated representative, is required to attend a post-Event conditions assessment walk-through with Tendue’s staff at the rental end time. During this assessment, the Venue condition will be recorded through completion of a post-event condition assessment form and through the photographs taken by Tendue. The post-Event Venue condition will be compared to the pre-Event condition and Client charges shall be assessed according to the necessary cleaning and cleaning, repairs and replacements required to return the Venue to its pre-Event condition. Tendue shall promptly charge directly to the Client and Client agrees to immediately pay the entire invoiced amount.
If Client purchases the Event Clean-Up Add-On, the Client is still required to attend the post-Event assessment walk-through and shall be responsible for all necessary repairs and replacements. If Client fails to attend the post-Event conditions assessment walk-through, Client agrees that Tendue shall be solely responsible for determining the post-event condition and associated Client charges.
Security. Security staff is not provided.
Signage. All signage must be freestanding. Nails and staples of any kind are not permitted. No signage or other props may be hung in hallways or entrance door.
Smoking. Tendue is a non-smoking venue.
Set-up Equipment. Tendue does loan a moving cart and 4’ ladder for Events. Client shall provide all other equipment. Any equipment brought into Tendue for an Event must be removed from Tendue by the end of the Event.
Tendue Staff. Events are not staffed by Tendue during the event. Tendue’s staff persons are not available to lift, carry, load and unload, or move anything that is not Tendue property. In addition, Tendue’s staff are not responsible for any Event coordination or vendor management.
Subcontractors. All subcontractors must remove all equipment, boxes, trash, recycling, etc. at the end of the Event. No on-site storage is available during the Event for any subcontractor supplies.
Trash. Client is responsible for the collection and removal of all trash, garbage, compost, recyclables and waste products, including all debris generated by load-in and load-out process. On-site disposal is available at the Building. Client shall only dispose of trash in the designated trash enclosure located behind the Building.