BURNS ANDERSON JURY & BRENNER, LLP FACILITIES USE AGREEMENT

This agreement, made by and between Burns Anderson Jury & Brenner, LLP (BAJB) and ________________________ hereinafter called “Guest User.” BAJB operates facilities as described in this Agreement which, from time to time are available for rent; and Guest User desires to rent the facilities for the purposes herein contained.  In consideration of the mutual covenants and conditions herein contained, BAJB and Guest User agree as follows:

1.0       License Granted: BAJB hereby grants a revocable license to Guest User to the facilities described on Addendum 1 consistent with this Agreement, for the period set forth in Addendum I.

2.0       Term:  Guest User shall be permitted to use the identified facility as set forth in Addendum I, hereinafter referred to as “Facility”.  Permission to use the facility shall end on the final date noted in Addendum I. Facility is provided “as is” and “with all faults”, and BAJB makes no representation or warranty of any kind, express or implied, with respect to the condition of Facility, including habitability, fitness or suitability for a particular purpose. BAJB hereby disclaims and Guest User hereby waives the benefit of, any and all implied warranties, including implied warranties of habitability, fitness or suitability for a particular purpose. Guest User acknowledges that neither BAJB nor any agent of BAJB has made any representation or warranty with respect to the Facility or the suitability of the Facility for the purpose herein intended. By occupying the Facility, Guest User is deemed to have accepted the Facility as suitable for its purpose.

Time shall be of the essence in this agreement.  The time granted for the use of the facility shall not be extended without the written permission of BAJB and all additional time shall be paid for according to the schedule of fees as established by BAJB.

3.0       Fees shall be charged and paid as set forth in Addendum I

4.0       Payment, Accounting and Collections: Guest User agrees to pay the sum set forth in Addendum 1 at the time of reservation. Cancellations must be made seven (7) business days prior to use to receive a 50% refund. Any forfeited rental fee due to cancellation with less than seven (7) business days’ notice may be fully applied to future rental within thirty days.

5.0       Applicable Laws: Guest User agrees to comply with all applicable laws, ordinances and rules of the City of Austin, the State of Texas and the United States, and to pay all taxes imposed by law in connection with its use and occupancy.

6.0       Alteration, Decorations, and Damage: Guest User shall not injure, mar or in any way deface the premises and shall not cause or permit anything to be done whereby the premises shall be in any manner injured, marred or defaced and will not drive, or permit to be driven, nails, hooks, tacks, or screws into any part and will not make or allow to be made any alterations of any kind therein. BAJB assumes no responsibility for loss or theft of personal property of damage to personal property of Guest User or any of its participants or guests.

8.0       Additional Users: Guest User understands and agrees that during the term of this Facilities Use Agreement other events may be held in other parts of the described facilities not included in this Facilities Use Agreement, and Guest User shall conduct its activities so as not to interfere.

9.0       Parking: BAJB agrees that existing parking facilities will be open to such traffic as is occasioned by the Guest User’s use of the Facility, but the Guest User agrees that the BAJB need not hold such parking facilities for the exclusive use of such traffic.

10.0      Violation and Removal from Premises: If at any time the uses of the premises by Guest User violate an applicable ordinance or law of the City of Austin, County of Travis, State of Texas, or the United States of America, Guest User shall either cease and desist from continuing such use or surrender the premises forthwith upon demand of BAJB’s duly authorized representative. The terms and conditions of this agreement do not require BAJB to relinquish its control of its facilities and services to Guest User. BAJB retains the right to require Guest User, or any of its participants, guests, or subcontractors, to leave the premises if BAJB in its sole discretion feels that circumstances require it.

11.0      Non-assignment: Guest User shall not assign or transfer this Facilities Use Agreement [not a lease, so no need to sublease].

12.0      Governing Law and Venue: This agreement shall be governed by the laws of the State of Texas and venue shall lie in Travis County, Texas.

13.0      Contract Modifications: This written agreement shall supersede and void all prior understandings whether written or oral and the terms herein shall bind the parties.  Any modifications or amendments hereto must be done in writing and signed by the parties.

14.0      Application to future use: Guest User and BAJB agree that this agreement will apply to each subsequent use of the facility and a modification will only be required to Addendum for subsequent uses.

 

ADDENDUM 1

BAJB FACILITY DESCRIPTIONS AND SELECTION

NAME LOCATION AMENITIES Selected by

Guest User

(Please check)

SEATS COST PER DAY*
RAILROAD 1ST FLOOR TV, A/V, HDMI 6 $250
AUSTIN 1ST FLOOR TV, A/V, HDMI

Keurig

10-12 $250
SPORTS 1ST FLOOR TV, A/V, HDMI 8 $250
JUDGE’S CHAMBERS 2ND FLOOR Desk and printer

 

4 Included with courtroom
COURTROOM

Can conduct any of the ADR proceedings listed in Chapter 154 of the Texas Civil Practice and Remedies Code

2ND FLOOR  

Two counsel tables

TV, A/V, HDMI

Document projector

3+ at bench, 12 chair jury box $1,000
JURY ROOM 2ND FLOOR Counter space with Keurig,

TV, A/V,HDMI

12-14 Included with courtroom

OR $250

MCKAY ROOM 2ND FLOOR Counter with sink, mini-fridge

Keurig

HDMI

10-20 $300
TEXAS ROOM 2ND FLOOR TV, A/V, HDMI 12-18 $250
MUSIC ROOM 2ND FLOOR TV, A/V, USB docking station, HDMI

 

12-20 $300

 

*After 6:00 p.m. weekdays and all day weekends an additional charge of $50 per hour (or partial hour) applies.