Terms and Conditions
The Client’s booking and use of The Bram & Bluma Appel Salon at the Toronto Reference Library (the “Premises”) is subject to the following :
1. The Library is not responsible for, and will not be liable to the Client, for any damages whatsoever, arising out of or in connection with Client’s use, or inability to use, the Premises even if the Library had been advised of the possibility of such damage.
2. The Client certifies that the person signing the contract is the authorized representative of the Client and has the full authority to sign the contract and to commit the Client in respect of any other matter regarding the booking contract, the use of the Premises and the supplied equipment.
3. The Library grants to the Client the non-assignable right to use the Premises and any supplied equipment solely for the purposes of, and on the dates and times stated on, the contract. The time period for use of the Premises must include the time required to prepare the Premises for use and to clean up the Premises after use. The Client agrees to pay a fee for additional use of the Premises at an hourly rate equal to the rental period rate per hour up to a maximum of four (4) hours. The Client agrees to pay an additional full day or evening rental fee for any further use of the Premises beyond the additional four (4) hours. The Client must submit all requests for extension of time for use of the Premises in writing not less than two (2) weeks prior to the event date and the additional fee must be paid at that time.
4. The Client agrees that all cancellation requests must be submitted in writing and must be confirmed by Library staff. In the event of cancellation, the Client’s deposit will either be refunded or additional payments required from the Client, as follows:
- All deposits are refunded if the event is cancelled more than 270 days before the event date;
- 50% of the total cost of the room rental is charged if the event is cancelled less than 270, but more than-180, days before the event date,
- 80% of the total cost of the room rental is charged if the event is cancelled less than180, but more than-90 days before the event date,;
- The full cost of the room rental is charged if the event is cancelled less than 90 days before the event date.
The date of cancellation is the date when Library staff receive written notification of the cancellation request. If an event is booked and confirmed with less than 45 days notice, the Client is required to make full payment and provide a signed contract at the time of booking. Late bookings are subject to the above cancellation procedure.
5. The rental fee applies to the times listed on the contract and includes the use of the Premises’ inventory of chairs and tables . All additional requirements are the Client’s responsibility.
6. The Client is solely responsible for ensuring that the set-up of the Premises and supplied equipment meets the order requirements. For catered events, the catering staff will complete the set-up of the Premises, under direction from the Client. For non-catered events, the Premises’ caretaking staff will complete the room set-up. For non-catered event setups the Client must provide final room setup requirements to the Library staff a minimum of fourteen (14) days prior to the event date.
7. The Client shall not cause or permit the Premises or any supplied equipment to be defaced, injured or damaged in any way. The Client shall be responsible for any and all damage caused by its use of the Premises or the supplied equipment and shall return the Premises and supplied equipment to the Library in the same condition as when their use began. The Client shall pay to the Library, on receipt of an invoice, the reasonable cost of any and all repairs required to be made to the Premises or supplied equipment as a result of their use by the Client or any of its employees, service contractors, invitees, attendees or guests.
8. In using the Premises and the supplied equipment, the Client will comply with all applicable federal, provincial and municipal laws, by-laws, policies and regulations including the Library’s Rules of Conduct and Rules and Regulations for the Use of Library Facilities, copies of which are available upon request. The Client will ensure that all those in attendance on the Premises during the period of the Client’s use will comply with such laws, by-laws, policies, regulations and rules.
9. Any property of any kind brought on the Premises by the Client, its employees, service contractors, invitees, attendees and guests, is at the sole risk of the Client and shall be promptly removed from the Premises after use of the Premises. If the Client fails to vacate the Premises at the end of the period of use, the Library may remove property of any kind and dispose of it at the Client’s expense. The Library shall not be liable for damages or loss as a result of any removal or disposal of any property in accordance with this section.
10. The Client assumes full responsibility for the acts and conduct of all persons admitted to the Premises during the Client’s use. The Library retains the right to interrupt or terminate the use of the Premises or to eject any person if designated Library staff members, in their sole discretion, consider it to be necessary in the interests of public order or safety. The Client waives any damages or compensation should its use of the Premises be so interrupted or terminated.
11 The Client agrees that:
(a) Library staff may have access to the Premises at all times and may attend any event being conducted by the Client on the Premises for the purpose of auditing or reviewing compliance with this contract;
(b) preparation and distribution of all publicity or marketing materials respecting any event to be held on the Premises are the sole responsibility of the Client. Use of any logo or mark of the Library, including the Appel Salon wordmark, on such materials must be approved by the Library prior to their distribution or circulation.
12. The Client is responsible for any costs associated with its use of the Premises or the supplied equipment which are not specifically identified in the contract, excluding the supply of any utilities to the Premises.
13. The Client will breach this contract if it fails to pay any amounts on their due date, if it breaches any of the Terms and Conditions, or if it poses a risk to the health and safety of the public or Library staff. If the Client breaches this contract, the Library may, in its sole discretion, terminate the use or intended use of the Premises without refunding any of the payment and shall be under no obligation to allow the Client to use the Premises in the future.
14. In addition to the Library’s right to terminate the Client’s use of the Premises identified elsewhere in these Terms and Conditions, the Library, in its sole discretion, may terminate the Client’s right to use the Premises if:
(a) it becomes aware of a use that is contrary to law;
(b) the Client has misrepresented anything for the purposes of the contract;
© there is a likelihood of harm to event participants or audiences or a misuse of the Premises or equipment;
(d) it becomes aware that the Premises are intended to be a permanent location for the Client’s activities;
(e) the Client has previously misused the Premises or other Library facilities or materials or has failed to pay any fees of any sort owing to the Library;
(f) the Client has failed to make the required payment for use of the Premises by the time of confirmation of booking of such use, identified in the contract; or
(g) the primary purpose of the event is gaming/games of chance.
15. If the Library cannot provide the Premises for the Client’s use due to matters beyond the Library’s reasonable control including, but not limited to, damage to the Premises or labour disruption, then this contract shall be terminated and the Client shall be entitled to a refund of the fees it has paid to the Library. The Client waives any claims for damages or compensation on account of such termination other than the refund of fees.
16. The Client acknowledges that all rental fees are subject to HST, where applicable, or any future taxes that may be imposed on such fees. The client further acknowledges that a 15% landmark fee is charged on the cost of all food, beverage and staff brought into the Library for the event. This fee is charged by the Library’s preferred vendors and is remitted by the vendors to the Library following the event. The landmark fee is subject to tax. If the Library approves the use of a non-preferred vendor the Client must provide a copy of the final vendor invoice and payment of the 15% landmark to the Library within 15 days following the event.
17. A signed contract and 50% of the total rental fee is required to confirm a booking. The remaining 50% of the total rental fee is due 45 days prior to the event. The Library accepts cash, certified cheques made payable to Toronto Public Library and most major credit cards. All credit card transactions are subject to a processing fee of 2%
18. The Client agrees to engage the vendors on the list attached as Appendix “A” to these Terms and Conditions to provide any of the services identified in the various categories in the Appendix and to use any process for engaging those vendors identified in the Appendix.
19. Liquor License and Alcohol: The Client acknowledges that the Premises are not licensed for liquor consumption . The Client will not allow alcoholic beverages to be consumed on the Premises without the applicable L.L.B.O. permit (Special Occasion Permit) which must be obtained by the Client from the LCBO. The Client acknowledges that no alcoholic beverages may be served or consumed in the Library building outside of the Premises. The Client must supply the Library with a copy of all permits for serving and consumption of alcoholic beverages at least thirty (30) days prior to the date of the event. The Client agrees to comply with the terms, conditions, requirements and rules of the L.L.B.O and any applicable permits issued by the L.L.B.O. in respect to the event.
20. SOCAN Tariff: The Library is obliged to collect a tariff on behalf of the Society of Composers, Authors and Music Publishers of Canada (SOCAN) if music is played at the event and the Client agrees to pay any such tariff. The Library will add any such tariff to the rental cost for the Premises and will remit payment to SOCAN.
21. The Client acknowledges the following rules in respect to the use of the Premises:
(a) use of the outdoor terraces is included with the rental of Epic Hall and Prologue forming part of the Premises but cannot be used after 11:00 pm. Restrictions on amplified music may apply;
(b) Smoking is not permitted in any of the indoor spaces of the Toronto Reference Library, or the Premises but is permitted on the Epic Hall terrace.
© All decorations must be free-standing and nothing may be attached to any walls, doors or ceiling unless otherwise approved by the Library.
(d) smoke/fog machines, stickers, sparkles, confetti and rice are not permitted on the Premises;.
(e) Open flames, fires and fireworks are not permitted on the Premises, with the exception of candles. Candles must be supported by water or in an enclosed fireproof case such as a hurricane lamp or votive holder. Use of candles must be approved by the Library in advance of use;
(f) the Library reserves the right to limit the use of plant material on the Premises and any use of plant material must be approved by the Library in advance of use;
(g) storage for event related material prior to or following the event is not permitted unless otherwise approved by the Library in advance; and
(h) all event-related deliveries must be scheduled and approved in advance by the Library a minimum of one (1) week prior to the event and failure to comply may result in denial of delivery. The Client and its agents are responsible for providing all carts, dollies and other similar equipment needed to move deliveries into the Premises.