KBGA VENUE RENTAL CONTRACT - FOR EXAMPLE PURPOSES ONLY

INTRODUCTION

Thank you for choosing Knoxville Botanical Garden and Arboretum (KBGA) for your special event. KBGA is a privately-owned non-profit garden and arboretum which is open to the public daily. Our mission is to grow gardens, honor history, and cultivate community. As a botanical garden, we are a living landscape where the garden beds and plants are constantly changing. We appreciate your understanding of the extra care involved to preserve this historic nursery property and Knoxville treasure.

KBGA is located on 44 acres of the former Howell Nurseries. Listed on the National Register of Historic Places, the Garden features walking trails, display gardens, unique & historic horticulture, timeless buildings, and over two miles of distinctive stone walls. Located just five minutes from downtown, the Garden is free and open to the public every day of the year thanks to the generous support of our members and contributors.

Specific KBGA garden areas, outdoor venues, and buildings are available for rental to individuals, non-profit organizations, and corporations from 7am until midnight throughout the year, excluding major holidays. KBGA reserves the right to deny facility usage to any group for any program that is inconsistent with KBGA’s purpose or mission. In accordance with Title VI Regulations, KBGA does not discriminate. This document and the policies herein are part of any rental contract between KBGA and Renter. Renter must initial next to each section indicating they have read and agree to terms.

‍RESERVATIONS

Dates are first-come, first-reserved. A temporary 72-hour hold may be placed on a date prior to a full reservation. In order to reserve a date, KBGA must receive a non-refundable 50% deposit of the total rental price and a signed Rental Contract.

The final payment, damage deposit, and copy of the certificate of insurance are due one month prior to the event. Renter will not be permitted to enter any venue until the full amount has been received. All returned checks will be charged a $30.00 fee in addition to the amount due. Rental Contract must be signed by any person making payments or deposits for the event.

A KBGA Coordinator will be present during the event to answer any grounds and facilities questions. KBGA does not provide event planning services. We strongly encourage hiring a planner for your event. All weddings are required to hire a Wedding Planner. A minimum of a Month-of Planner is required.

REFUND POLICY

In the case of cancellation of the event by Renter, written notice must be sent to KBGA. The initial 50% downpayment is non-refundable. Additional payments are not refundable one month prior to the event. Alternatively, Renter may work with KBGA to reserve another available date for the contractual event within one year of the original date.

In the event of inclement weather, prior arrangements should be made between Renter and KBGA to use an alternate space if available or rent a tent. In cases of severe weather, the renter may work with the KBGA to choose another available date; however, no refunds will be given.

INSURANCE

Renter’s Special Event insurance shall be Commercial General Liability with a minimum coverage of one million dollars ($1,000,000.00) per occurrence and annual aggregate for damage to property or injury to person and must list Knoxville Botanical Garden & Arboretum as additional insured for the duration of the Event. Renter’s liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit. If there will be alcohol at the Event, coverage must include Host Liquor Liability.

KBGA partner Event Helper provides all necessary coverage at: bit.ly/kbga-event-insurance

PREPARATIONS

All setup and breakdown must occur within the rental period. This includes vendor arrival and setup. The time rented for an event is the only time the Renter has access to the venue. Purchase of additional rental time must be finalized one month prior to the event. Damage Deposit is held in reserve for overextended use of the venue. Renter may not use the Damage Deposit to pay for additional hours. Renter must remove all litter and debris from lawn and garden areas before the end of the rental period. If your need exceeds your rented period, KBGA reserves the right to invoice a standard per hour rate for actual usage.

Wedding rental packages include access to the ceremony site for a one (1) hour rehearsal. Your rehearsal may be scheduled for a time other than the day before the event, depending on other reservations at KBGA. No set up may occur during this period.

PARKING & SECURITY

All parking must be confined to KBGA grounds at locations designated by staff. KBGA is not responsible for damage to any vehicles or loss of valuables within vehicles. KBGA recommends that all persons lock their vehicles while on the premises. No overnight parking is allowed. Public events serving alcohol require a licensed Security Officer to be present while alcohol is being served. The Renter is solely responsible for screening, hiring, and compensating their event security detail.

DAMAGES

Renter assumes full financial responsibility and liability for any damage or loss to buildings, furnishings, equipment, flora, and grounds caused by or because of themselves, their guests, vendors, or contractors during their rental period. A damage deposit of $750 in the form of a check is required one month prior to the event. This will not be deposited and will be voided and/or returned upon completion of the event if, upon post-event inspection, all the following stipulations have been met:

All decorations and residue are removed
No prohibited items were used during the event
No KBGA property was lost or stolen during the event
The event did not exceed its contractual duration
KBGA facilities, grounds, and gardens incurred no damage during the event
All trash is picked up and in the designated trash receptacles
Chairs & tables are replaced in the storage closet according to each rental facility’s posted guidelines

Repair costs for any damage and penalty costs will be deducted from the damage deposit at KBGA’s discretion. KBGA Coordinator will survey the premises following the event to conduct a site evaluation and review its condition. Renter may request to be present.

EVENT CONDUCT

All activities related to the event should be carried out in a non-offensive and law-abiding manner. In accordance with city and state regulations, fireworks and sky lanterns are prohibited. No smoking is allowed in any of the buildings KBGA property. Cigarette butts are to be disposed of in the provided trash receptacles; at no time should they be thrown on the ground or the streets bordering the property. All events must be concluded, and the grounds vacated by 12 am. All music, live or otherwise, must be silenced by 10 pm, per Knox County ordinance.

MEDIA RELEASE

Renter acknowledges that KBGA may photograph or record video of events, activities, and individuals while on KBGA property. KBGA reserves the right to use such photographs and recordings for its own promotional, marketing, educational, archival, and other business-related purposes, including use in print materials, on its website, and through social media or other digital platforms, without compensation. If Renter does not wish for photography or videography of the event or its attendees to be used by KBGA, Renter must notify KBGA in writing prior to the event and arrange for a modified agreement with KBGA.

PHOTOGRAPHY

No photography is included in rental. All photographers must purchase a KBGA Photo Pass and wear their KBGA-issued badge at all times while conducting photography sessions on the property. Annual or one-day passes may be purchased at: knoxgarden.org/photography.

ALCOHOL

Renter is responsible for ensuring that any alcohol is served in a manner consistent with the laws of the State of Tennessee and that event insurance coverage includes Host Liquor Liability. Private events in which the Renter provides their guests complimentary, no-strings-attached alcohol are not required to obtain any additional permits or licenses, and may serve alcohol at their own discretion.

Public events (any event which members of the public are able to attend, ticketed or otherwise) held on KBGA grounds require alcohol service to be provided by a licensed caterer or person with an active TABC Server Permit. Public events having alcohol service require a licensed Security Officer to be present while alcohol is being served. Bartenders are responsible for legal serving practices. Underage drinking is not tolerated, and proper authorities will be notified.

Any event in which the Renter is providing alcohol for SALE requires special permissions. These details must be discussed and arranged with KBGA at least once month prior to the event.

SETUP & DECORATIONS

No on-site setup, decorating, or storage may be conducted outside the contractual period. KBGA is not responsible for hanging or removing decorations brought in by Renter. Renter assumes all risk for persons and property while on KBGA grounds. All tents and exterior lighting must have prior approval from KBGA and may only be set up in designated areas. Renter must provide their own ladders and extension cords. KBGA is not responsible for receival or coordination of items delivered by vendors & rental companies.

KBGA must approve the use of wedding party send-off material, decorations, and adherence methods. Any unremoved decorations, residue found on stonework, floors, or walls will result in a deduction from the damage deposit. KBGA reserves the right to prohibit the use of any decor if it interferes with its primary purpose as a botanical garden. Nails, screws, staples, adhesive tape, fireworks, sparklers, sky lanterns, confetti, glitter, and birdseed may not be used on KBGA grounds.

KBGA does not provide setup of tables and/or chairs for events in any venue. However, Renter may arrange set up and breakdown service through KBGA for an additional fee. Chairs and tables are provided for use to Renter in the Dogwood Center, Carriage House, and as part of the “Intimate Wedding” package only. KBGA chairs and tables are restricted to use in the event space(s) rented. Renter is responsible for providing furnishings for all other garden space rentals.

KBGA is not responsible for the damage of rented tables and chairs left overnight in outdoor spaces. Day-after or following Monday pick up of rentals in the Dogwood Center and Carriage House must be pre-approved by KBGA. Any unclaimed items left on KBGA property will be subject to an additional charge of $100 per day and will be considered KBGA property after one week.

VENDORS

The Renter is solely responsible for any caterers, vendors, contractors, entertainers, or other third parties they hire or allow to provide goods or services at the event. The Renter is responsible for ensuring that all vendors they hire have any licenses, permits, insurance, or other credentials required by law and comply with all applicable laws, health and safety requirements, and KBGA policies. The Renter is also responsible for the actions, products, services, employees, and equipment of their vendors, including any damage to the property, injury to persons, or illness or other claims arising from a vendor’s activities.

To the fullest extent permitted by law, the Renter agrees to be responsible for and hold harmless KBGA, the property owner, and their respective employees, agents, and representatives from claims, damages, losses, or expenses arising from the acts, omissions, products, services, or presence of any vendor hired or permitted by the Renter. KBGA reserves the right to require any vendor to stop work or leave the property if KBGA reasonably determines that the vendor is violating the law, creating a safety concern, or violating KBGA policies.

KBGA is not responsible for the protection or storage of items brought onto the grounds for any event. We suggest proof of insurance on all rental items. KBGA’s Preferred Vendor List may be accessed by visiting: www.bit.ly/kbga-vendors

RENTAL PRICING

Venue reservation pricing depends on multiple factors, such as number of areas involved, rental duration, time of year, event type, nonprofit status, and more. As our team and event management capacity continues to grow, we are excited to offer more venues, amenities, and services. We are always looking for ways to improve our offerings and appreciate your patience with us as our pricing model adapts and expands. For the most current information, see our Event Brochure at: knoxgarden.org/private-events

Typical Wedding Packages range from $4,000 - $9,000
Event Setup and Breakdown: $500+
10% discount for active military and registered nonprofit organizations
Registered nonprofits organizations may reserve the Carriage House free of charge during weekday business hours (M-F, 9-5), on a first-come, first-served basis.

Payment by check is always preferred, but not necessary, except for the Damage Deposit. If paying by check, please make payable to “KBGA” or Knoxville Botanical Garden and Arboretum and in the "Memo" field, indicate event title and date. If paying by credit card, please make a donation on our website: knoxgarden.org/eventrental. A 3% processing fee will be added to all card payments.

RENTAL QUOTE

[Rental Quote Inserted Here]

‍RELEASE & WAIVER OF LIABILITY

This release and waiver of liability is executed in favor of Knoxville Botanical Garden and Arboretum (KBGA) and its director, officers, employees, volunteers, and agents. I, the Renter, hereby freely and voluntarily, without distress, execute this release under the following terms:

I hereby release and forever discharge and hold harmless KBGA and its successors and assigns from any and all liability, claims, demands, and causes of action, of whatever kind of nature, either in law or equity, which may hereafter arise from my participation and rental of properties with KBGA and/or any project, activity, or event sponsored, managed, arranged, or promoted by, or otherwise affiliated or associated with KBGA.

I understand and acknowledge that this Release discharges KBGA from any liability or claim that I, the renter, may have against KBGA, with respect to any bodily or other injury, illness, death, or property damage that may result from my participation and rental of said properties. KBGA does not assume any responsibility or obligation to provide financial assistance or other assistance, including, but not limited to medical, health, or disability insurance, in the event of injury, illness, death, or property damage.

I expressly understand and agree that this release is intended to be broad and inclusive as permitted by law, and that this release shall be governed by and interpreted in accordance with the laws of this state, county, city, and/or township. I agree that in the event that any clause or provision of this release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this release.

KBGA hereby grants permission to the following Renter(s) for the event as outlined above. This reservation shall become effective only upon receipt of 50% Rental Deposit via check or online payment at knoxgarden.org/eventrental as well as this Rental Contract signed by Renter(s) and KBGA representative, which may be delivered in-person, by mail, or via certified Adobe Acrobat Sign to an authorized representative of KBGA.

The above correctly states my understanding of the Rental Contract, and I have read, understand, and agree to abide by the guidelines contained therein.

RENTER(S) & KBGA REPRESENTATIVE SIGNATURES