Space is assigned on a first-request basis.  The MPEC reserves the right to move the reservation to a different venue.  In such event, every effort will be made to provide Licensee with a comparable venue. Because the MPEC venues are in high demand, requests for reservations should be submitted as far in advance as possible.   When requesting space, Licensee shall supply as accurate and complete information as possible regarding Licensee’s requirements for the Event, including but not limited to information regarding set-up, tear-down and audio-visual equipment needs and any catering needs.  Please note that late requests cannot always be honored due to equipment, staff and time limitations

Licensee shall pay the MPEC a non-refundable deposit of 50% of the use fee at the time the reservation is made.  Licensor must be in receipt of both the deposit and this signed Licensed Agreement to confirm a space reservation.

Licensee shall make all deposits and payments under this Agreement via certified check, bank money order, cash, personal or business check.  All payments shall be made payable to “The City of Wichita Falls” and shall be delivered to Licensor at the following address: 1000 5^th Street, Wichita Falls, Texas 76301.

Furniture may not be removed. Any request for rearrangement of furniture or other property located in the Licensed Space must be submitted to Licensor, in writing, prior to the date of the Event, and must be approved by Licensor in writing.

Decorations may not be affixed to walls or ceilings. No confetti, glitter, balloons, tinsel or glue may be used.  Any use of tape, nails, staples, or tacks is strictly prohibited.  Use of any of the above-referenced items shall result in their immediate removal, and any damage caused shall result in the assessment of a damage fee, equal to the amount needed to replace, repair or restore such damage, to Licensee.

Any aerosol such as glue, glitter, and snow or paint is prohibited.

The use of flammable materials such as straw and evergreens is prohibited.

Any alteration of Licensor’s existing decorations is prohibited.

No time during the Event shall more than the approved number of persons occupy the MPEC Space.  In the event such limit is exceeded, the MPEC shall request the excess number of occupants to vacate the space.  Licensor also reserves the right to remove the excess number of occupants from the space.

Deliveries shall occur on normal business hours and during the MPEC’s normal business hours. Any request for an exception must be made in writing and must be submitted to the MPEC at least seven days prior to the date of the Event.  Any exception granted by the MPEC must be in writing.

Licensee agrees that Licensee is responsible for all loading/unloading, moving, or conveying any deliveries, equipment, or decorations and will arrange for personnel to unload and transport all items not taken care of by its caterers or vendors.

The MPEC loading dock and any service entrances may be used for loading and unloading purposes only. The loading dock is accessible to Event caterers and vendors before, during and after the Event, provided they adhere to the delivery times set out above.  Vehicles may not block the entrance to the loading dock and may not be parked in the loading dock area other than while loading and unloading and, in any event, for no more than fifteen (15) minutes at a time.  Operation of the loading dock door and leveler is by approved MPEC staff only.  The dock door may not be left in the open position except during load-in and load-out.  Loading dock, service entrances and paths to them must be left in clean condition by Licensee and all vendors or service provides contracted to Licensee.

Client agrees to load-in and load-out its Event at the time(s) determined by MPEC signed event order.  Any group or function requiring the room, or any portion thereof, to remain open after the agreed hours will be charged additional labor charges.

Client agrees to follow the current City of Wichita Falls Smoking Ordinance.  Alcoholic beverages are restricted to the event space.

All Event security must be approved through the MPEC.  When determined by the MPEC, and in the MPEC’s sole discretion, the client will employ security for the Event, the cost of which shall be borne by event.  All events are required to have security if animals are left overnight or if alcohol beverages are served.

Use of the MPEC name is for advertising purposes only. Outside groups may use the MPEC’s name to identify the location or activities as long as the language clearly reflects the MPEC is not sponsoring, promoting or approving the event.

Client shall not permit any commercial banner, signage, advertisement, promotional announcement, or inflatables to be posted, made or displayed outside or inside the licensed space without prior written approval from the MPEC. Approval may be withheld in the MPEC’s sole discretion, the client will not permit the sale or distribution of helium balloons or other inflatable items, bumper stickers or any other items with adhesive surfaces. The client agrees not to cover or move any existing signage, wraps or advertisement without written approval from the MPEC.

Licensor hereby retains its rights to sell sponsorships for the Event.

An authorized representative of any Event entertainment shall contact the MPEC at least 30 days prior to the scheduled Event date to obtain approval of the proposed electrical set up and delivery time of any equipment.

Flammable Materials: No Flammable Liquids, Gases, or Open Flames are allowed on the premises of the MPEC without written permission of the Director. All materials used for any purpose inside the building must be treated with flame proofing or approved by the Fire Marshal of the City of Wichita Falls and the Director.

Vehicle Display: All vehicles or motorized equipment on static display must have batteries disconnected and the fuel tanks full.

Invitations to the Event may use the name of the venue only to designate the location of the Event. The MPEC reserves the right to view any invitation copy prior to its release.

Client agrees to submit all media promotions to the MPEC for review and approval at least thirty (30) days prior to the scheduled Event.

If Licensee cancels a confirmed reservation, Licensor will bill Licensee a cancellation fee based on the Use Fee and the date the cancellation notice is received. Such fees are as follows:

1. 50% if cancelled more than three (3) months before the Event;
2. 75% if cancelled between two (2) and three (3) months prior to the Event; or
3. 100% if cancelled within two (2) months prior to the Event.

A cancellation by Licensee must be in writing and delivered to Licensor. Licensor will bill the appropriate cancellation fee to the Licensee’s credit card.

Cancellation by The MPEC: Licensor may cancel reservation with 15 days’ notice to Licensee for a full refund.

Client may not assign or delegate any control or responsibility for the MPEC space or the Event to any other person, group of persons, organization, association, or corporation other than an Event Planner.  A reservation for presenting one event may not be used for presenting a different event without prior written approval from the MPEC’s Sales Office.

All food and beverages must be supplied by the in-house caterer or from the MPEC’s Approved Caterers List. The MPEC shall apply a 20% catering buy out fee, if the client uses catering from the Licensor Approved Caterers list. Catering costs are the responsibility of the client and shall be paid by the client directly to the caterer.

The client will not sell or give away or allow beer, wine, or any beverage of alcoholic content to be sold, given away, sampled, or consumed in the MPEC Space or any part of MPEC’s property without prior written consent of the MPEC and then only in accordance with the rules and regulations promulgated by the MPEC and in compliance with the laws of the State of Texas, including all City of Wichita Falls ordinances, regarding the sale and use of alcoholic beverages. Any alcoholic beverages permitted to be served at the Event or on MPEC’s property must be served by Texas Alcoholic Beverage Commission (TABC) certified staff of MPEC’s Preferred Vendors.  The client agrees that any Event at which alcoholic beverages are served will, at MPEC’s sole discretion, be monitored by security selected by the MPEC.  All charges for the services of any security will be reimbursed by the client to the MPEC prior to the Event.

All Event vendors or service providers working on MPEC’s property must strictly adhere to MPEC’s facilities and security policies and procedures. The MPEC can provide a Preferred Caterers List to the client from which the client may select a service provider.  Any services or fees or both of a contracted decorator, entertainer, vendor, or other service provider, owed to MPEC are solely the responsibility of the client if not paid within fourteen (14) days prior to the event date.  All arrangements are the obligation of the client and must be approved by the MPEC at least two (2) weeks prior to the Event date.  The client shall provide the MPEC with details of all arrangements entered into with service contractors.  The MPEC is not liable for any deliveries made to the MPEC, and will not accept or store delivered materials on behalf of the client.

Should it become necessary, in the MPEC’s sole judgment, to evacuate the MPEC space for any reason, evacuation shall be accomplished under the exclusive control of the MPEC.  The client may, following an evacuation, reestablish its use of the MPEC space for sufficient time to complete presentation of client’s Event without incurring any additional Use Fee; provided that completing client’s Event does not interfere with use of the MPEC Space under a reservation by another client.  If it is not possible to complete presentation of client’s Event, then all fees paid by the client may be prorated, or adjusted at the discretion of the MPEC.

The client shall at all times conduct its activities in the MPEC with appropriate regard for the safety of persons and property associated with the Event, and will observe and abide by all applicable safety regulations of the MPEC, the State of Texas, and City of Wichita Falls, and will comply with requests regarding such regulations by duly authorized persons.  If at any time before or during the Term, the MPEC determines that the Event poses a potential hazard to persons or property, the MPEC shall have right to cancel the contract, without breach thereof, and deny permission for the client to proceed with the Event.  All portions of the sidewalks, entries, doors, passages, vestibules, halls, corridors, stairways, passageways, and all ways of access to public utilities in the MPEC space or any portion of the MPEC’s property shall be kept unobstructed by the client and shall not be used for any purpose other than ingress to or egress from the MPEC space by the client or the client’s officers, employees, agents, contractors, or invitees.

The client shall not bring into the MPEC space or onto any part of MPEC’s property any material, substances, equipment, or object likely to endanger the life of or to cause bodily injury to any persons, or which is likely to constitute a hazard to property without the prior written approval of MPEC’s Safety Officer.

The MPEC shall have the right to refuse to allow any materials, substances, equipment, or objects described in the preceding paragraph to be brought into the MPEC or onto any part of MPEC’s property.  If such materials, substances, equipment or objects are discovered in or on MPEC’s property, the MPEC has the right to require their immediate removal.  Any cost related to such removal shall be borne by the client.

The client may not install or operate any equipment, fixture, or device nor operate or permit to be operated any engine, motor, or other machinery or use gas, electricity, or flammable substances in the MPEC except with prior written approval from the MPEC’s Safety Officer.  All electrical, steam, water, and wastewater connections must be made by MPEC’s employees or agents and all house equipment in the MPEC must be operated by MPEC’s employees or agents.  No equipment, device, or fixture may be located or used in the MPEC that is deemed, in the sole discretion of the MPEC, to endanger any person or property.

The client shall purchase and keep in effect during the Term of this Agreement a commercial general liability and property damage insurance policy that designates the CIty of Wichita Falls and its agents, officers, and employees as additional insureds, and that provides coverage in the amount of $1,000,000.00 per single occurrence for property damage (including MPEC’s property) and $500,000.00 per person and $1,000,000.00 per single occurrence for injury to or death of any person that results directly or indirectly from the negligent act or omission of the client or client’s officers, agents, employees, contractors, or invitees during the term of agreement.  The required insurance shall be with an insurance company or companies authorized to do business in the State of Texas and under policy or policies acceptable to Licensor.  Insurance policies will be endorsed and name the City of Wichita Falls as an Additional Insured and provide a waiver of subrogation in favor of the City of Wichita Falls.

The client shall provide to the MPEC a certificate of insurance attesting the existence of a policy or policies providing coverage described in the preceding paragraph.  The client shall provide to the MPEC a certified copy of said policy or policies upon request.  All certificates of insurance and certified copies of insurance policies shall be delivered to the MPEC no later than three (3) weeks prior to the Event.  Failure to comply with this requirement shall result in an automatic cancellation of the agreement by the MPEC.

The client agrees that all advertising for the event shall not commence until MPEC has a fully executed contract with all terms and conditions of the contract satisfied.