The schedule of events listed below indicates the space that is tentatively held for Client. Upon receipt of the signed contract and initial deposit, Client reservation will be confirmed. Once final arrangements have been made (approximately one month prior to your event), an Event Order (“EO”) reflecting all selections and requirements for Client event will be prepared and sent to you for your review and approval. These EO’s must be signed and returned prior to the event and will be incorporated into this contract.

a. Site rental is $1500 for both floors collectively, plus sales tax.

N/A

N/A

N/A

N/A

Drink options are subject to selection prices and the total amount is due at the end of the event (plus applicable service charge and sales taxes). After the open bar from 8-9pm

b. The event space(s) designated for your event carries a maximum second floor capacity of forty (40) seated, and a maximum first floor capacity of forty (40) seated. If the Client event uses both the first and second floor the maximum capacity is eighty (80) seated.

Children under the age of 12 are welcome at parties on the first floor and must be supervised with no additional charges. Children under the age of 12 attending a party on the second floor must be supervised, and there will be an additional cleaning charge of $300.00 (three hundred).

c. If Client final guaranteed number is lower or higher than these numbers, Baba reserves the right to transfer Client event to another event room and/or charge a rental (or additional rental) based on the prevailing Baba rental schedule.

d. To reserve services on the date(s) and venue(s) requested, Baba requires this Contract be fully executed and the initial deposit percentage of 100% of the total rental amount be made. The deposit is non-refundable and non-transferable.

e. N/A

f. Guaranteed guest count is due fifteen (15) days before the event. The remaining balance will be due fifteen (15) days prior to the event date. Any charges incurred during the event will be due upon the conclusion of the event.

g. Payment in full (required damage/clean up deposit) is required no less than 15 business days prior to Client event. For Client convenience, deposits may be made by ACH bank transfer or credit card (4% fee applies for cc). Please note that final payment must be made by cash, cashier’s check, ACH bank transfer money order or credit card (4% fee applies for cc).

h. All deposits are non-refundable. If cancellation occurs within 90 days of the event date, Client will be responsible for 100% of the estimated charges. It is understood by both parties that each deposit is non-refundable and will be forfeited should Client cancel all or part of the program.

Client agrees to pay a late fee of 10% of total contract price for each week the Client has not made timely payment.

a. In order to secure space on a definite basis, Baba requires "Client Signed Contract" and initial non-refundable deposit, which will be credited towards the total charges of Client event:

a. The guaranteed number of attendees for Client must be communicated to Baba no less than fifteen (15) business days prior to the event (date here). Upon receipt of attendance counts, the number of attendees cannot be reduced.

b. The final guarantee must meet or exceed the optional food and beverage minimum per person (plus applicable service charge & sales tax) referenced in Section 2 of this Contract. A 5% allowance on food preparation over the guaranteed number will be given on all events.

c. In the event a final guaranteed figure is not supplied, the estimated number of attendees will be considered the final guarantee. Client will be charged for the number of meals served or the number of meals guaranteed whichever is greater. Guest count increase notices given seventy-two (72) hours prior to the event date are not guaranteed and may incur additional charges.

In addition to the Total Rental Amount an excessive clean-up deposit of $2,000.00 is due at the same time as the fourth and final payment. Baba reserves the right to use any or all the excessive_cleanup_deposit $2,000.00 toward any of the Client obligations under this Contract or any claims that Baba may have for extraordinary cleanup, damages to or destruction of any property located in, on, or around the premises belonging to Baba because of Client use of the premises or in any way relating to the event.

Prices quoted reflect event space(s) and menu prices currently in effect at the time of event booking and may be used as an estimate. Client agrees that such prices are subject to change, and actual prices charged will be the menu prices in effect at the time the event takes place. Menu prices are guaranteed up to three months prior to the event.

Events include service for the time contracted in the above reserved function space. If these time frames are exceeded, an overtime fee per hour $1,000.00 (or agreed upon amount) for each space(s) per hour will be charged to Client account. In addition, set up times are scheduled as contracted in the above reserved function space. Should additional time be necessary, additional fees may be applied.

a. The parties agree and understand that in the event of a cancellation, Baba actual damages would be difficult to determine. Therefore, should it be necessary for Client to cancel the event after the contract has been signed, Baba will be entitled to liquidated damages based on the following scale: Receipt of Client Cancellation Notice by Baba within:

Client agrees to maintain a current credit card account on file with Baba. In the event that Client has any outstanding invoices or items which are more than 30 days past due, Baba shall have the right to bill such past due amounts to your credit card.

To the maximum extent permitted by law, Client agrees to indemnify, defend and hold harmless Baba, the owner(s) and manager of Baba, and their respective employees and agents, and property owner Keith Harrison and Ten7six Leucadia, LLC P.O. Box 231594 against any and all demands, claims, actions, causes of action, loss or damage to persons or property, liabilities and costs, including, without limitation, reasonable attorney’s fees arising out of or connected with Client event, including the use of the services and facilities of the Baba by Client, attendees, invitees or any contractors or third party service providers hired or engaged by Client, except those claims arising out of the gross negligence or willful misconduct of Baba. The provision of this section shall survive the performance and expiration of this Contract.

The Client (the “Indemnifying Party”) hereby irrevocably waives and releases any and all claims for indemnification against the Baba (the “Indemnified Party”) for any losses, damages, costs, or liabilities arising out of or related to the use of the event space, except to the extent such losses, damages, costs, or liabilities arise directly from the gross negligence or willful misconduct of the Indemnified Party. This waiver includes, but is not limited to, claims arising from injuries to persons or damage to property occurring during the Renter's event, whether such claims are based on contract, tort, statutory, or other legal theories. This provision is intended to be enforceable to the fullest extent permitted by applicable California law. Nothing herein shall be construed to release the Event Space Provider from liability for its own gross negligence or willful misconduct, in accordance with California Civil Code Section 2782

a. By entering into this Contract, Client assumes and accepts the risk of loss for any and all damages caused by Client and Client individual attendees entitled to attend Client event function held at Baba. Such risk of loss shall include property damage, personal injury and economic damage incurred by or at Baba as the result of actions or inactions of Client and its attendees, guests, and invitees.

b. Client and Baba each shall carry adequate property, comprehensive general liability, and other insurance sufficient to cover the risks of the parties in the performance of this Contract.

c. Special Event Liability Insurance is required of Client and all Outside Vendors no later than sixty (60) days prior to the event. This insurance must, at Client or Outside Vendor’s sole expense, provide and maintain public liability and personal property damage insurance, insuring Baba Coffee,Inc., a California corporation and its employees, contractors, vendors and property owner Keith Harrison and Ten7six Leucadia, LLC P.O. Box 231594 Encinitas, Ca 92023 against all bodily injury, property damage, personal injury and other loss arising out of Client use and occupancy of the premises.

d. The insurance required hereunder shall have a single limit liability of not less than One Million Dollars ($1,000,000), and general aggregate liability of not less than Two Million Dollars ($2,000,000). Baba Coffee,Inc., a California corporation shall be named as an additional insured on said policy. Outside Vendors must provide a copy of their Certificate of Insurance, naming Baba Coffee,Inc., a California corporation and property owner Keith Harrison and Ten7six Leucadia, LLC P.O. Box 231594 Encinitas, Ca 92023 as an additional insured. Said Certificate of Insurance and any license required by the Vendor must be delivered to Baba at least sixty (60) days prior to the event.

e. Failure to provide evidence of this insurance to Baba sixty (60) days prior to your event can cause immediate cancellation of the event. Cancellations arising from failure of Client to provide Baba with a proper and timely certificate of liability insurance naming Baba Coffee,Inc., a California corporation and property owner Keith Harrison and Ten7six Leucadia, LLC P.O. Box 231594 Encinitas, Ca 92023 as additional insureds will be treated as a Client-caused cancellation.

f. Should any Outside Vendor not provide evidence of insurance, listing Baba Coffee,Inc., a California corporation and property owner Keith Harrison and Ten7six Leucadia, LLC P.O. Box 231594 Encinitas, Ca 92023 as additional insured sixty (60) days prior to the event, said vendor may not be permitted on the premises.

g. Insured as written here:

Baba Coffee Inc
PO Box 1591
Carlsbad, CA 92018
info@babacoffee.com

Keith Harrison
Ten7six Leucadia, LLC
PO Box 231594
Encinitas, CA 92023

For day insurance use this link https://www.theeventhelper.com#teiy8k

Client acknowledges and understands that Baba assumes no responsibility or liability for inclement weather conditions. Baba, at its sole discretion, may cancel any scheduled outdoor activities that are deemed high-risk or hazardous based on weather conditions.

Baba is not liable for its failure to perform under this contract if such failure is due to circumstances beyond its control, including but not limited to, acts of God, travel or transportation restrictions, shortage of commodities or supplies to be furnished by Baba, labor problems, governmental regulations, terrorist activity, utility shortages or restrictions, or any other causes beyond its control or interfering with performance, whether enumerated herein or not. Client agrees and acknowledges it shall hold Baba harmless in the event of a Force Majeure event.

a. Binding Effect: This Agreement is binding on and inures to the benefit of the parties and their respective heirs, personal representatives, successors, and permitted assigns. Any notice or other communication will be deemed to be given on the date of confirmed delivery.

b. Facsimile Signatures: Facsimile or electronic transmission of any signed original document, and retransmission of any signed facsimile or electronic transmission, will be the same as delivery of an original. At the request of any party, the parties will confirm facsimile or electronically transmitted signatures by signing an original document.

c. Time of Essence: Time is of the essence with respect to all dates and time periods set forth or referred to in this Agreement.

d. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the state of California, without regard to conflict-of-laws principles. The Parties also agree to file any suits related to this Agreement in a court within San Diego County.

e. Attorney Fees: If any arbitration, suit, or action is instituted to interpret or enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to the subject matter of this Agreement, the party prevailing on an issue will be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit, or action as determined by the arbitrator or trial court, and, if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.

f. Exhibits: All exhibits referenced in this Agreement are part of this Agreement as if fully set forth in this Agreement.

g. Entire Agreement: This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

These Rules, Regulations, Policies and Requirements are incorporated in and made part and parcel of the event space contract between Baba Coffee, Inc. (hereinafter referred to as Baba) and

a. If extra labor and/or cleanup is required because of Client use of Baba facility, Client agrees to pay for such items. The balance, if any, of Client Damage and Cleanup Deposit will be refunded to Client within fifteen (15) days following the event or within fifteen (15) days following completion of repairs and/or cleanup, whichever is later.

b. Cleaning fees are included in the space rental fees. Anything considered excessive clean up by Baba or its cleaning agency will be automatically charged to Client. The following items are included with any space rental fee:

Bathroom cleaning, sweeping/mopping floors, catering prep area cleaning, general venue trash disposal.

c. The following items are not included in the space rental fee and will be charged to Client:

Outside Caterer trash, food removal (cleaning fee per occurrence $250.00+), bar or event decor trash (cleaning fee per occurrence $250.00+), vomit removal and cleanup (cleaning fee per occurrence $250.00+), tape removal from floors/walls (cleaning fee per occurrence $100.00+), exterior trash pickup/removal (cleaning fee per occurrence $250.00+)), decor trash removal (cleaning fee per occurrence $1000.00+)

d. Client is responsible for removing all trash (food scraps, recycling, etc.) from Baba premises at the conclusion of the event. Client Contractors are responsible for bagging all trash at the conclusion of the event. Any trash remaining outside of trash bags will incur a minimum (cleaning fee per occurrence $250.00+).

e. Excessive clean up fees or damages will be removed from the provided security deposit and/or billed to the credit card on file if greater than the deposit amount. Notwithstanding the excessive clean-up deposit, shall not be construed as a limit to charges for extraordinary cleanup, damages, or destruction. All receipts and invoices will be emailed to Client following charges.

a. Client agrees to pay a damage deposit of $2000.00 along with the deposit as noted in paragraph 3.b allowing Baba to charge for damages deemed Client fault. Proof of damage will be provided for any deduction to the damage deposit.

b. Baba reserves the right to charge Client credit card on file in excess of the damage deposit $2000.00 if damages are deemed to be greater than $2000.00.

c. Baba will refund the unused portion of this deposit within fifteen (15) days after the event provided there are no disputes as to the damage of the Event Space.

a. The following is a list of rules and regulations to be upheld by the Client, which includes all event planners, wedding coordinators, and Contractors who are involved in the planning and execution of a special event on the premises of Baba.

b. Alcohol will be served and monitored by a professional bartender, provided by Baba unless otherwise agreed upon through written contract by Baba. Client agrees to meet the minimum beverage purchasing requirements for the event.

c. All candles must be contained or enclosed in glass and have a base to protect any wax drippings. The flame must not reach higher than two inches below the height of the glass.

d. Baba reserves the right to request any person or group of people acting unruly and contrary to rental regulations to leave the premises. Assistance from law enforcement agencies may be required if this request is not met immediately.

e. All guests under the age of eighteen must be supervised at all times. Children are not permitted to wander the grounds unattended at any time.

f. Any extra decorations, signage, electrical configurations, or construction must be pre-approved by Baba. Decorations may not be hung from light fixtures. All decorations must be removed without leaving damage directly following the end of the event. No masking tape, duct tape, electrical tape, transparent tape, or double stick tape is allowed as it does leave a residue. Drafting tape is allowed. All other decorations must be freestanding. Nails and staples are not allowed. If assembly of any decorative item(s) is required, Client is responsible for assembly and must bring needed tools and/or equipment. No drilling or nailing of any kind is permitted on the premises. Client will be charged for any repairs needed to remedy damage done including any supplies or costs incurred by Baba to make necessary repairs.

g. Fake flowers, rice, confetti, balloons, glitter, or other non-degradable items are not permitted on the property. Only real flowers or other natural materials are allowed. Birdseed is permitted only outside for wedding and reception farewells. Sparklers are not permitted at any time.

h. Use of any unpermitted items will result in a minimum fee of $150 - $300 to be withheld from (event space user here) cleaning deposit.

i. Events must end and music be turned off by event end time 10:00 PM and all attendees must leave by premise vacate time of 11:00 PM. No use of illegal drugs or other illicit substances are permitted. No use or possession of weapons of any kind are permitted unless specified for use by licensed security and approved by Baba through written contract. Violators will be escorted from the premises.

j. Baba planning team must review and approve all proposed logistical plans for the use of the premises a minimum of thirty (30) days prior to the event.

k. All events must comply with San Diego County sound ordinances which is 45DB at property line.

l. Contractors and/or Client are required to decrease volume upon request. Failure to do so may result in sound being turned off.

m. Baba reserves the right for each Client the opportunity to use any area of the complex for photograph sessions.

n. All times for utilization of different areas at Baba will be coordinated with the schedule for Client. Baba reserves the right to use any photographs or other media reproductions of an event in Baba publicity and advertising materials.

o. Baba shall have the right to take photographs and videos at Client event for marketing purposes. All rights to and use of photographs and videos taken by Baba belong to Baba. Client also has the right to take photographs and videos of the event. Any commercial use of the likeness of Baba buildings and grounds is prohibited without the express written consent of Baba.

p. Baba is a non-smoking venue. Smoking will be permitted only in designated areas outside.

q. Load in and load out times must be solidified at least one week prior to Client event date. Client event start and end times must be solidified one week prior to the event with Baba staff.

r. Pets will not be allowed inside Baba except as required under state and federal law. In the case of a service animal, Baba will request and require proper documentation.

a. Baba designates the concrete floor area on the first floor of the event space as the “Dance Floor.” If Client decides to host their primary dance floor on the second-floor area space, Baba requires rental of a dance floor surface to protect the LVP floors.

b. All dancing (two or more individuals) must take place on the designated “Dance Floor” concrete floor surface, or on a rented dance floor surface.

a. Baba assumes no responsibility whatsoever and is unable to keep storage of equipment, displays and/or decorations, bakery items, personal belongings, etc. brought to the Baba by Client, Client guests or a third party engaged by you at any time.

b. Food cannot be left overnight. Any leftover food will otherwise be immediately discarded at the conclusion of the event.

c. Rice, confetti, glitter, or any artificial substances are prohibited due to safety regulations. Sparklers, Chinese lanterns, open flame, and loose artificial flowers, including petals, etc. are prohibited. Baba reserves the right to apply a cleaning surcharge if such items are used.

a. Baba will provide a list of preferred food and beverage caterers.

b. If Baba agrees to cater the event, a separate catering contract will be drafted between the parties. Otherwise, Client will be responsible to sub-contract for any catering relevant to the rental of the event space in accordance with and subject

c. The Client will provide Baba, in writing, with the name, address, phone, and email address of any Contractor they intend to use, including a copy of the contract or agreement with that Contractor. Whether Client has chosen a food and beverage Contractor on the preferred list or otherwise, no food or beverages of any kind, except for wedding cakes, can be brought into Baba by Client without the written permission of Baba and are subject to such service and/or labor charges as are deemed necessary by Baba and agreed upon by Client in writing.

d. The Client will be fully responsible and liable for outside Contractors they hire, including any damages under this contract that are due to Contractor’s actions or Contractor’s vending on the premises. The Client will ensure that any Contractor’s they hire will abide by all the terms and conditions of this contract, including this “Rules, Regulations, Policies, and Requirements Section. The Client is directly responsible under this contract for any damages, actions, breaches, or liabilities of the Contractor they have hired and all breaches of the clauses of this contract, held against the Contractor, shall be remedied immediately by the Client.

e. If Client uses outside services, any companies, firms, agencies, individuals or groups hired by Client on Client behalf (collectively, “Client Contractors”), Baba must be notified "15" days in advance of the event date, and Baba reserves the right to approve all of Client outside services and contractors, as well as require Client Contractors to execute agreements in favor of Baba establishing Client Contractor’s obligations to Baba. Client Contractors may not use Baba premises in a manner that interferes with the use and enjoyment of the premises by other guests and invitees of Baba. Baba reserves the right to pre-approve Client’s contractors’ needs and specifications, including electrical requirements and your Contractors must comply with all requirements Baba deems appropriate regarding use of event space(s), facilities, and Baba services.

f. All Contractors who are contracted to work and/or set up on Client event day must provide Baba with their certificate of insurance and coverage in the amount of $2,000,000.00 showing Baba and property owner Keith Harrison as additionally insured.

a. Alcoholic beverages will be purchased and served only through Baba unless outside catering is authorized in writing, per contract, prior to the event by Baba.

b. Alcoholic beverages cannot be self-served.

c. Baba will exercise due care in serving alcoholic beverages and will refuse service to any person appearing to be under the age of twenty-one or any person who appears to be intoxicated. Identification and proof of age will be requested from any person who appears to be under 21 years of age. Alcoholic beverages will be removed from anyone believed to be a minor or from any intoxicated person. “Shots” will not be permitted at any time.

d. Client shall monitor all service of alcohol and specifically acknowledges that Client is solely liable for the consumption of any alcohol by any person on the premises, and that such liability shall extend to any aspect regarding the consumption of alcohol. Baba reserves the right to ask the entire party to leave if a minor is consuming alcohol; an adult is providing alcohol to a minor; a guest appears intoxicated and refuses to leave the premises or outside alcohol is brought on the premises.

e. Alcohol service must stop no later than thirty (30) minutes prior to the end of the event. Last call is to be announced forty-five (45) minutes prior to the end of the event.

f. Client agrees to fully cooperate with and assist Baba in enforcing the laws of California and the policies of Baba regarding the consumption of alcoholic beverages. Client hereby agrees to be liable and responsible for all act(s) and actions of every kind and nature for each and every person in attendance at Client event.

g. Client staff or Client’s Contractor’s staff may not consume alcoholic beverages while on the premises during an event. Baba reserves the right to ask Contractors to leave if this prohibition is violated.

h. Baba requires that alcoholic beverages, including non-alcoholic beers, non-alcoholic wines and any other product regulated by the ABC, may only be dispensed by persons or companies who are properly licensed under state law and have liquor liability insurance. Additionally, any Contractors serving alcohol on the premises must have a Type 58 License.

a. Items left behind at the conclusion of the event are not the responsibility of Baba. It is Client responsibility to secure gifts and other items delivered to the functions. Baba has the right to keep, dispose of, or otherwise affect and exercise control over such items.

The contract, and any Addendums attached hereto, including the “Rules, Regulations, Policies and Requirements” attached hereto and made a part hereof, shall be considered accepted once both parties have signed below and the appropriate deposit has been received by Baba.