Live Oak Cultural Center – Facility Use License Agreement

The Live Oak Cultural Center is a self-service, first-come facility available to rent for events with attendance up to 160 people.

• Rate: $400 Mon. – Thur. 6:00 pm – 10:00 pm; $500 Fri. 6:00 pm – 10:00 pm; $ 1,000 Sat. 10:00 am –10:00 pm; $750 Sun. 10:00 am – 10:00 pm; plus $500.00 refundable performance guarantee deposit.
• An alcohol fee of $100 will be charged for any beer, wine and/or liquor usage in the facility. Payment of this fee does not provide the licensee with a license to sell alcohol. A cash bar requires a state issued liquor license.
• Set-up and breakdown of tables and chairs optional for a $200 fee. Otherwise, set-up and breakdown is the responsibility of the licensee (unless prearranged with advance payment).
• Reservations accepted with completed agreement and receipt of performance guarantee deposit ONLY.
• Reserved times MUST include set-up and breakdown.
• Rental fees due in full at least 30 days prior to rental date.
• Reservations will not be accepted for the following holidays: Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day.
• Organizations and individuals may rent only once per quarter per calendar year (except for city business & approved recreation programs).
• No decorations permitted on the walls, doors, sound dampening panels or ceiling. No lit candles, confetti-like material and glitter permitted.
• No Smoking permitted in this facility.
• Cleanup is the responsibility of licensee including all removal of trash, food, beverages and property not belonging to the City. This includes inside the building and any areas outside the building (including parking areas) used by your guests. (Please be aware that cigarette butts thrown outside the building and in the garden are a particular nuisance that must be cleaned up after your event ) Mops, brooms, and other cleaning supplies provided and must be left on property. Trashcans for your use are located behind the City Gym on Live Oak St. It is essential that licensee and all guests are considerate of the neighborhood and neighbors.
• The performance guarantee deposit will be retained by licensor if event cancelled less than 30 days prior to rental date.
• In the event that the items in the Live Oak Performance Checklist, hereby incorporated into this agreement, the penalties in that document will be deducted from the performance guarantee deposit in a manner provided therein that reasonably relates to the cost to remedy. Please allow up to 5 weeks for return of the performance guarantee deposit.
• The licensee accepts all responsibility for the conduct of the attendees of the event. The City mayrequire police supervision at the licensee’s expense when, in the judgement of the Leisure ServicesDirector, police supervision is required.
• Any and all physical damage to the Live Oak Cultural Center, or its contents, caused by the licenseeand/or their attendees will be repaired or replaced in full at the expense of the licensee. The expensewill be taken from the performance guarantee deposit and any excess billed to the licensee.
• The City of New Smyrna Beach Leisure Services Department staff and their representatives WILL NOTbe held liable for accidents or personal injury that may occur during the use of the facility.
• The City of New Smyrna Beach Leisure Services Department staff and their representatives WILL NOTbe held liable for lost, stolen or damaged property owned or used by the user.
• The City of New Smyrna Beach reserves the right to terminate this agreement and cancel the activity atany time that the actions of the user endangers the health, welfare and safety of the participants orwhen the actions are detrimental to the Live Oak Cultural Center. In such cases, no refunds will bemade.

COMPLIANCE WITH ORDINANCE 17-19: Licensee expressly agrees to follow the provisions of City Ordinance No. 17-19, and will refrain from using and distributing polystyrene or polypropylene food service articles and plastic straws, as well as forbid any caterers, vendors, or subsidiaries with whom Licensee contracts to use or distribute such at the Center for Licensee’s event. Nothing in these Terms and Conditions shall be construed to stop Licensee or its caterers, vendors, or subsidiaries from using alternative materials in their take-out containers and straws, provided they are not composed of the aforementioned prohibited materials.

COMPLIANCE WITH NOISE ORDINANCE 38-72: It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise after 10:00 pm. Music must be turned off at this time.

It is understood that the Licensee will be responsible for the building and/or grounds to be in good condition upon leaving and that all damage must be reported to the Leisure Services Staff immediately. It is also understood that the Licensee is responsible for payment of all scheduled dates in advance. The Leisure Services Staff must be notified in advance of all cancellations, with the Deposit & Cancellation provisions of the Live Oak Cultural Center Terms and Conditions governing refunds of deposits.

In consideration of the privilege herein granted, Licensee will not claim any damages from Licensor in connection with or on account of any injuries or damages arising in or on the above described property while being used by the Licensee and Licensee's members, guests, or invitees.

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Known symptoms of COVID-19 include, but are not limited to, fever, fatigue, dry cough, and difficulty breathing. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The City of New Smyrna Beach has created new protocols and put in place preventative measures to reduce the spread of COVID-19; however, The City of New Smyrna Beach cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending any program may increase your child(ren)s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to, or infected by COVID-19 by attending the City of New Smyrna Beach program and/or facility, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the City of New Smyrna Beach program and/or facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, City of New Smyrna Beach employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), my guests, or myself including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I, my guests, or my child(ren) may experience or incur in connection with our attendance at the City of New Smyrna Beach program and/or facility. On my behalf, and on behalf of my child(ren)s, I hereby release, covenant not to sue, discharge, and hold harmless The City of New Smyrna Beach, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The City of New Smyrna Beach, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any City of New Smyrna Beach program and/or facility.

Additionally, I warrant that I, as well as my child(ren) and guests, do not currently have, nor have experienced the above-listed symptoms within the last fourteen (14) days; that I and my child(ren) or guests, or that anyone in our respective households, have not been diagnosed with COVID-19 within the past thirty (30) days; that to the best of my knowledge neither I nor my child(ren) or guests have not been knowingly exposed to anyone diagnosed with COVID-19 in the past thirty (30) days; and that I, my child(ren) or guests have not travelled outside of the country in the past thirty (30) days.