Terms & Conditions

Responsibility and Security

The Design Barn does not accept any responsibility for damage to or loss of any articles or property left at The Design Barn prior to, during or after the event.  The Client(s) agrees to be responsible for any damage done to The Design Barn property by the Client(s), his guests, invitees, employees or other agents under the Client(s) control.  Further, The Design Barn shall not be liable for any loss, damage or injury of any kind or character to any person or property caused by or arising from an act or omission of the Client(s), or any of his guests, invitees, employees or other agents from any accident or casualty occasioned by the failure of the Client(s) to maintain the premises in a safe condition or arising from any other cause, The Client(s), as a material part of the consideration of this agreement, hereby waives on its behalf all claims and demands against The Design Barn for any such loss, damage, or injury of claims and demands against The Design Barn for any such loss, damage, or injury of the Client(s), and hereby agrees to indemnify and hold The Design Barn free and harmless from all liability of any such loss, damage or injury to her persons, and from all costs and expenses arising there from, including but not limited to attorney fees.

Excuse of Performance (Force Majeure)

The performance of this agreement by The Design Barn is subject to acts of God, war, government regulations or advisory, disaster, fire, accident or other casualty, strikes or threats of strikes, labor disputes, civil disorder, acts and/or threats of terrorism, or curtailment of transportation services or facilities, or similar cause beyond the control of The Design Barn.  Should the event be cancelled through a Force Majeure event, all fees paid will be applied to a future event. The Design Barn will allow for the event to be rescheduled, pending availability, with no penalty, and there shall be no further liability between the parties.

Indemnity

Client agrees to indemnify and hold harmless The Design Barn, its officers, staff, and agents working on its behalf, from any and all claims, actions, costs, damages, and liabilities resulting from the breach of this Agreement, negligence actions, willful misconduct or omissions of Client, and Client’s guests, invitees, agents and sub-contractors.

Severability

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Clean-Up and Damage to Venue

Client shall be responsible for returning the Venue and site to the condition in which it was provided to them.  All property belonging to Client, Client’s invitees, guests, agents and sub-contractors, shall be removed by the end of the rental period.  All property remaining on the premises beyond the end of the rental agreement will be removed by The Design Barn at Clients costs.  Should the Client need special consideration for the removal of property beyond the rental period, this can be arranged prior to the beginning of the event for an additional fee.  The Design Barn is not responsible for any property left behind by Client, Client’s guests, invitees, vendors, agents and sub-contractors.

The Client is responsible for any and all damages to The Design Barn venues and surrounding site.  It is the Client’s responsibility to remove all decorations and return Venue to the condition in which it was received.

Reservation of Rights

The Design Barn reserves the right to cancel agreements for non-payment or for non-compliance with any of the Rules and Conditions of Usage set forth in the Agreement.  The rights of The Design Barn as set-forth in this Agreement are in addition to any rights or remedies which may be available to The Design Barn at law or equity.

Governing Law and Venue

The Parties agree that this Agreement will be governed by the laws of the State of Indiana.  The parties’ consent to the exclusive jurisdiction of and venue of Porter County Court in Valparaiso, Indiana.  Customer agrees to pay reasonable attorney’s fees incurred by The Design Barn associated with any breach of this Agreement.

Severability. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

Compliance with Laws. The Parties agree to comply with all applicable City, County, State, and Federal laws.

Entire Agreement; Modification; Waiver. This Agreement, and any exhibits attached hereto, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. Each Party acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not contained in this Agreement and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. No change, modification, amendment, or addition of or to this Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.