Carried Away NC, Inc. dba The Ingress Events
The Ingress
705 Pershing Road
Raleigh, North Carolina 27608
This Event Venue Use Agreement (“Agreement”) is entered into as of the date of last signature below (“Effective Date”) by and between:
Venue Operator:
Carried Away NC, Inc., a North Carolina corporation, doing business as The Ingress Events (“Venue”)
and
Client:
(“Client”)
Venue and Client may be referred to individually as a “Party” and collectively as the “Parties.”
GOVERNING LAW AND VENUE
1.1 Governing Law.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, without regard to conflict of law principles.
1.2 Venue.
Any legal action, claim, or proceeding arising out of or relating to this Agreement shall be brought exclusively in Wake County, North Carolina, and the Parties irrevocably consent to the jurisdiction and venue of such courts.
PREMISES AND PERMITTED USE
2.1 Premises.
Venue operates an event venue known as The Ingress, located at 705 Pershing Road, Raleigh, North Carolina 27608, consisting of indoor and outdoor event spaces (the “Premises”).
2.2 Occupancy Capacity.
The maximum occupancy of the Premises is one hundred fifty (150) persons, inclusive of Client, guests, vendors, contractors, and staff.
2.3 License.
Client is granted a limited, revocable, non-exclusive license to use the Premises solely for the event described in this Agreement and only during the contracted access period.
2.4 Restrictions.
Client shall not exceed occupancy limits, access restricted or non-event areas, alter or affix items to the Premises, or use the Premises for any unlawful, unsafe, or unapproved purpose.
COMPLIANCE WITH LAWS
3.1 Legal Compliance.
Client shall comply with all applicable federal, state, and local laws, ordinances, regulations, fire codes, zoning requirements, health regulations, noise ordinances, and North Carolina Alcoholic Beverage Control laws.
3.2 Responsibility for Others.
Client is solely responsible for ensuring compliance by all guests, vendors, contractors, and invitees.
VENUE AUTHORITY AND ENFORCEMENT
4.1 Authority.
Venue retains full authority and control over the Premises at all times.
4.2 Enforcement Rights.
Venue may take immediate action, including suspending alcohol service, requiring removal of decor or vendors, denying access to individuals, ending the event without refund, or contacting law enforcement or emergency services.
4.3 No Personal Confrontation Required.
Venue is not required to personally remove guests or vendors.
SECURITY
5.1 Optional Client-Provided Security.
Client may, at Client’s sole discretion and expense, hire a licensed security officer for the event. Venue does not provide security services and is under no obligation to do so.
5.2 Role of Security.
Any security personnel hired by Client are present solely for general safety and crowd management and shall not interfere with Venue operations, Venue staff, or enforcement of this Agreement.
5.3 Law Enforcement.
Security personnel shall not obstruct, delay, or interfere with law enforcement or emergency services contacted by Venue. Venue retains sole authority to contact law enforcement as it deems necessary.
5.4 No Agency.
Security personnel hired by Client are not agents, employees, or representatives of Venue, and Venue assumes no responsibility for their actions or omissions.
FEES, RETAINER, AND PAYMENT TERMS
6.1 Rental Fee.
The total rental fee for the event is $ (based on your selections)
6.2 Retainer.
A non-refundable retainer equal to fifty percent (50%) of the total rental fee is due at booking.
6.3 Reservation of Date.
No event date is reserved or guaranteed until the retainer is paid and this Agreement is fully executed.
6.4 Final Payment.
The remaining balance is due thirty (30) days prior to the event date.
6.5 Late Fee and Non-Payment.
A $50 late fee applies to overdue balances. Failure to remit final payment within five (5) calendar days of the due date constitutes a material breach. Venue may cancel the event, retain all amounts paid, release the date for rebooking, and deny access to the Premises.
CANCELLATION AND LIQUIDATED DAMAGES
7.1 Liquidated Damages Acknowledgment.
Client acknowledges that Venue will suffer damages upon cancellation that are difficult to calculate, including lost booking opportunities, administrative time, marketing costs, and lost revenue.
7.2 Liquidated Damages Schedule.
If Client cancels the event, the following amounts of the total rental fee shall be earned by Venue as liquidated damages:
More than ninety (90) days prior to the event date: fifty percent (50%)
Forty-five (45) to eighty-nine (89) days prior to the event date: seventy-five percent (75%)
Forty-four (44) days or fewer prior to the event date: one hundred percent (100%)
7.3 Payment Obligation.
Any amounts previously paid shall be applied to the amount owed. Any unpaid balance shall be immediately due and payable upon cancellation.
7.4 No Duty to Rebook.
Venue is not required to rebook the date or mitigate losses.
CREDIT CARD AUTHORIZATION
8.1 Credit Card Required to Book.
To book and reserve the event date, Client is required to provide a valid credit card on file, regardless of the payment method used for retainers or other payments. A credit card on file is required as a condition of booking and must remain on file through completion of the event and all post-event obligations.
8.2 Authorization.
Client authorizes Venue to charge the credit card on file for all amounts owed under this Agreement, including retainers, cancellation liquidated damages, unpaid balances, overtime, excess cleaning, damage, repairs, replacement costs, rule violations, and chargeback fees.
8.3 Survival and Waiver.
This authorization applies before or after the event date, survives cancellation, and waives any requirement for additional authorization.
8.4 Chargeback Waiver.
Client agrees not to dispute authorized charges and remains responsible for all amounts owed.
EVENT DETAILS AND ACCESS PERIOD
9.1 Event Details.
Client acknowledges that pricing, staffing, and compliance obligations are based on the maximum guest count. The number of guests in attendance may not exceed the maximum guest count agreed to and paid for, regardless of venue capacity.
9.2 Access Period.
Setup and teardown are included within the contracted access period. Early access or late departure is prohibited unless approved in writing or additional access time is purchased.
OVERTIME AND CLEANING
10.1 Overtime.
Overtime applies automatically if the Premises are occupied beyond the contracted access period. Overtime is charged at $250 per hour, billed in thirty (30) minute increments.
10.2 Standard Cleaning.
Standard cleaning, consisting of floors, restrooms, and high-touch surfaces after Client and vendors complete cleanup, is included in the venue rental fee.
10.3 Excess Cleaning.
Excess cleaning includes trash, food or beverage residue, remaining decor, bodily fluids, illness, vandalism, or misuse of the Premises. Excess cleaning is charged at $150 per hour plus damage costs.
DAMAGE, ASSUMPTION OF RISK, AND INDEMNIFICATION
11.1 Damage Responsibility.
Client is responsible for all damage caused by Client, guests, or vendors.
11.2 Assumption of Risk.
Client assumes all risks associated with use of the Premises, except those caused by Venue’s gross negligence or willful misconduct.
11.3 Indemnification.
Client shall defend, indemnify, and hold harmless Venue from all claims, damages, losses, liabilities, fines, penalties, and attorney fees arising out of Client’s event or breach of this Agreement.
INSURANCE AND LIMITATION OF LIABILITY
12.1 Insurance.
Client shall maintain event liability insurance with minimum limits of $1,000,000 per occurrence and name Venue as Additional Insured.
12.2 Limitation of Liability.
Venue shall not be liable for indirect or consequential damages. Venue’s total liability shall not exceed amounts paid by Client.
FORCE MAJEURE
13.1 Force Majeure.
Venue may cancel without liability if the Premises become unusable due to fire, casualty, severe weather, government orders, or events beyond Venue’s control.
ATTORNEY FEES AND ENTIRE AGREEMENT
14.1 Attorney Fees.
The prevailing party shall recover reasonable attorney fees and costs.
14.2 Entire Agreement.
This Agreement and all Addenda constitute the entire agreement between the Parties.