Below is the Headquarters Wedding and Event Venue Rental Agreement:
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HQ VENUE RENTAL AGREEMENT
This Venue Rental Agreement (“Agreement”) is entered into between Headquarters, LLC, doing business as
Headquarters Wedding and Event Venue (“Headquarters,” “HQ,” “Venue,” “we,” or “us”), and the individual(s) identified as the client below (“Client,” “Renter,” or “you”).
Venue: Headquarters Wedding and Event Venue
Venue Address: 935 Monmouth Street, Newport, Kentucky 41071
Email:bookings@headquarters.events
Website:www.headquarters.events
Telephone: (859) 803-7705
1. AGREEMENT TO RENT VENUE
Headquarters agrees to provide Client use of the Venue for the event, date, and access period identified their confirmation email subject to the terms, conditions, policies, and restrictions contained herein.
Client acknowledges that Headquarters, LLC owns and operates Headquarters Wedding and Event Venue and is the contracting party under this Agreement.
The Venue is being rented for the private event identified in the confirmation email unless Headquarters expressly approves another use in writing.
Client may not transfer, assign, sublicense, or resell the reservation without Headquarters' prior written approval.
2. PAYMENT AND RESERVATION
Unless otherwise stated in Client's written booking confirmation, full payment of the Venue rental fee is required to secure the reservation.
A date is not considered reserved until Headquarters has received the required payment and completed Agreement.
Headquarters accepts approved forms of payment communicated during the booking process. If payment is made by cash or check, arrangements must be approved by Headquarters and payment must be received within seven (14) calendar days of booking unless otherwise agreed in writing.
If required payment is not received by the deadline, Headquarters may release the event date and cancel the pending reservation.
Any additional services, hours, rentals, upgrades, or modifications requested after booking must be paid according to the invoice or payment deadline provided by Headquarters.
Client is responsible for all outstanding charges incurred under this Agreement.
3. CANCELLATION BY CLIENT
All cancellation requests must be submitted to Headquarters in writing.
Unless different cancellation terms are expressly stated in Client's booking confirmation:
Cancellation more than 30 days before the Event Date:
Client will receive a refund equal to fifty percent (50%) of the Venue rental fees paid.
Cancellation 30 days or fewer before the Event Date:
All Venue rental fees paid are non-refundable.
Refunds, when required under this Agreement, may be returned to the original payment method or by another reasonable payment method selected by Headquarters.
Client acknowledges that Headquarters reserves the Event Date for Client and may decline other prospective events after the reservation is made. The cancellation policy is intended to compensate Headquarters for the administrative costs, scheduling commitments, and lost booking opportunities associated with cancellation.
4. RESCHEDULING
Client may request to reschedule the Event to another available date if the request is received more than 30 days before the original Event Date.
Rescheduling is subject to Venue availability and Headquarters' written approval.
The amount previously paid will be credited toward the replacement date.
If the replacement date carries a higher Venue rental rate, Client must pay the difference.
If the replacement date carries a lower Venue rental rate, no refund or credit will be issued for the difference unless Headquarters agrees otherwise in writing.
Events may not ordinarily be rescheduled within thirty (30) days of the Event Date.
A rescheduled event remains subject to this Agreement and any updated event-specific information agreed to in writing.
5. CANCELLATION BY HEADQUARTERS
If Headquarters is unable to provide the Venue because of circumstances within Headquarters' reasonable control, Headquarters may provide Client with the option to reschedule or receive a refund of Venue rental fees paid.
If Headquarters permanently cancels the Event and cannot provide the contracted Venue services, Headquarters' responsibility will be limited to refunding amounts actually paid to Headquarters for services it is unable to provide, except where otherwise required by applicable law.
Headquarters is not responsible for consequential or incidental expenses incurred by Client or third parties, including travel expenses, lodging, catering deposits, entertainment expenses, photography expenses, rentals, or other third-party costs.
6. FORCE MAJEURE
Neither party will be considered in breach of this Agreement to the extent performance becomes illegal, impossible, or impracticable because of circumstances beyond that party's reasonable control, including severe weather, fire, flood, natural disaster, governmental order, public emergency, utility interruption, terrorism, civil disturbance, epidemic, pandemic, or similar extraordinary occurrence (“Force Majeure Event”).
If a Force Majeure Event prevents Headquarters from legally or safely providing the Venue for the Event, Headquarters and Client will make reasonable efforts to reschedule the Event to an available date.
Any refund, credit, or rescheduling arrangement resulting from a Force Majeure Event will be determined according to the circumstances, amounts already expended or committed, applicable law, and any written agreement between Headquarters and Client.
A Force Majeure Event does not include ordinary personal circumstances, changes in Client's plans, reduced attendance, vendor cancellations, or unfavorable weather that does not prevent safe or lawful operation of the Venue.
7. EVENT ACCESS AND SCHEDULING
Client's contracted access period includes all time needed for:
deliveries;
vendor access;
decorating;
setup;
ceremony and/or event activities;
breakdown;
cleanup; and
removal of Client and vendor property.
No Client, guest, vendor, or contractor may enter the Venue before the contracted access time without Headquarters' permission.
All persons and property associated with the Event must be out of the Venue by the contracted exit time.
Unless specifically approved otherwise in writing:
Earliest Venue access: 8:00 a.m.
Music/Alcohol must end: 11:00 p.m.
Final Venue exit: 12:00 midnight.
Client should schedule sufficient setup and cleanup time. Event activities may not continue into time reserved for cleanup.
8. ADDITIONAL TIME AND OVERTIME
Additional Venue time is subject to availability and Headquarters' approval.
The applicable rate for additional time will be the rate quoted when the additional time is requested.
Unless another rate is stated in writing, additional time requested within thirty (30) days of the Event, including same-day overtime, may be charged at up to two times (2x) the standard hourly rental rate.
If Client, Client's guests, or Client's vendors remain on the property beyond the contracted exit time, Headquarters may charge overtime in one-hour increments.
Overtime does not grant Client the right to remain past the contracted time. Headquarters may require the Event to conclude at the scheduled time regardless of Client's willingness to pay overtime.
9. OCCUPANCY AND GUEST COUNT
The maximum permitted occupancy for the Event is 100 guests, unless a higher/lower limit is specified in Client's booking confirmation or is required by governmental authority, fire code, building code, safety considerations, or the approved configuration of the Event.
Client agrees not to exceed the permitted occupancy.
Headquarters may restrict entry or require the removal of individuals if the permitted occupancy is exceeded.
Client is responsible for communicating occupancy restrictions to planners, caterers, entertainers, vendors, and guests.
10. CLIENT RESPONSIBILITY FOR GUESTS AND VENDORS
Client is responsible for the conduct of Client's guests, invitees, vendors, contractors, entertainers, caterers, bartenders, planners, photographers, and other persons attending or participating in the Event at Client's invitation.
Client must ensure that all such persons comply with this Agreement and reasonable instructions provided by Headquarters staff.
Headquarters reserves the right to require any individual to leave the property when Headquarters reasonably determines that the individual:
presents a safety concern;
is excessively intoxicated;
is threatening, violent, destructive, or disruptive;
violates applicable law;
violates Venue policies; or
interferes with neighboring properties or businesses.
Removal of a guest or vendor for these reasons does not entitle Client to a refund or extension of Event time.
11. INDEPENDENT VENDORS
Unless Headquarters expressly agrees otherwise in writing, caterers, bartenders, photographers, DJs, musicians, decorators, rental companies, planners, and other vendors hired for the Event are independent third parties and are not employees, agents, partners, or representatives of Headquarters.
Client is responsible for selecting, hiring, supervising, and paying Client's vendors.
Headquarters is not responsible for a third-party vendor's acts, omissions, performance, products, food, beverages, equipment, delays, cancellations, negligence, or contractual obligations.
Headquarters may require vendors to provide proof of applicable licenses, permits, or insurance before entering or operating at the Venue.
12. HEADQUARTERS STAFF
Headquarters will provide reasonable Venue support associated with opening, closing, Venue equipment, and facility-related questions.
Unless specifically included in Client's package, Headquarters staff are not event coordinators, wedding planners, decorators, caterers, bartenders, security personnel, DJs, bussers, servers, or cleanup crews for Client's personal property.
A Headquarters representative may be present on-site or reasonably available during the Event.
Headquarters staff retain authority over Venue safety, building systems, Venue-owned equipment, occupancy, noise, and compliance with this Agreement.
13. VENUE FURNISHINGS AND INCLUDED ITEMS
Depending upon Client's package and availability, Headquarters may provide Venue-owned furnishings or equipment such as tables, chairs, linens, cocktail tables, lounge furniture, decorative items, ceremony equipment, audio equipment, projectors, coolers, or similar amenities.
Specific items included with Client's rental will be identified in the booking materials or other written communication from Headquarters.
Venue furnishings and equipment remain the property of Headquarters.
Client may not remove Venue property from the premises.
Headquarters may substitute comparable furnishings or equipment when reasonably necessary because of damage, maintenance, availability, safety, or other operational circumstances.
14. CLIENT AND VENDOR PROPERTY
Headquarters is not responsible for property belonging to Client, guests, or vendors that is lost, stolen, misplaced, abandoned, or damaged at the Venue, except to the extent responsibility cannot legally be waived.
Client is responsible for arranging all deliveries and pickups within the approved access period unless Headquarters approves another arrangement in writing.
Items remaining at the Venue after the contracted access period may be moved, stored, or disposed of at Client's expense.
Headquarters does not guarantee overnight security or storage of Client or vendor property.
15. DAMAGE TO VENUE OR PROPERTY
Client is financially responsible for damage to the Venue or Headquarters property caused by Client, Client's guests, invitees, or vendors, excluding ordinary wear and tear.
This includes damage to walls, floors, doors, windows, furniture, fixtures, equipment, plumbing, restrooms, audiovisual equipment, and decorative items.
Client is also responsible for missing Venue property when the loss is attributable to Client's Event.
Headquarters may invoice Client for the reasonable cost of cleaning, repair, replacement, labor, professional services, or other expenses required to restore the Venue or its property.
Photographs, video, invoices, repair estimates, receipts, or similar documentation may be used to establish the condition or cost of repair.
16. DECORATIONS
Client may decorate the Venue provided decorations do not damage the building or create a safety hazard.
Client may use existing approved attachment points. Client may not drill, screw, staple, nail, permanently adhere, paint, or otherwise alter Venue surfaces without written permission.
The following are prohibited unless Headquarters provides specific written approval:
open-flame candles;
glitter;
confetti;
smoke machines;
fog machines;
incense;
loose feathers;
rice;
bubbles used indoors;
fireworks, sparklers, pyrotechnics, or combustible effects; and
similar items that create excessive cleanup, staining, fire, slip, or safety hazards.
Headquarters may require removal of any decoration it considers unsafe or likely to damage the Venue.
Client must remove all decorations by the end of the contracted access period.
Use of prohibited materials or unusually excessive cleanup may result in a special cleaning charge (minimum $500), provided the amount charged reasonably reflects the cleanup, damage, labor, or remediation required.
17. CLEANUP
Client is responsible for removing all property and disposable Event materials brought into the Venue, including food, beverages, containers, boxes, decorations, balloons, disposable tableware, catering supplies, and personal items.
Headquarters will provide trash receptacles and trash bags for ordinary Event waste.
Unless otherwise instructed, Client should place ordinary trash into the provided receptacles. Headquarters staff will handle routine removal of properly bagged Event trash.
Client is not ordinarily required to sweep or perform standard post-event janitorial cleaning.
Client must promptly report significant spills, broken glass, plumbing problems, damage, or other safety hazards to Headquarters staff.
Excessive cleaning caused by misuse of the Venue, prohibited materials, bodily fluids, food or beverage spills left untreated, smoking, or extraordinary waste may result in additional charges.
18. FOOD AND CATERING
Client may use caterers or food providers permitted under Headquarters' current Venue policies and applicable law.
Unless specifically contracted, Headquarters does not prepare, transport, serve, store, supervise, or dispose of food for Client.
Client and Client's caterer are responsible for safe food handling and compliance with applicable health, licensing, and food-service requirements.
Headquarters is not responsible for food allergies, illness, contamination, preparation, handling, or service attributable to food supplied or served by Client or a third party.
All Client and vendor food must be removed or properly discarded by the end of the Event.
19. KITCHEN
The Venue includes a basic food-preparation and service area.
The kitchen is not a commercial cooking kitchen and does not include a conventional stove or oven.
Caterers may use approved portable food-warming equipment consistent with Venue policies, electrical capacity, fire-safety requirements, and applicable law.
Available kitchen equipment and supplies may change from time to time and should not be relied upon unless specifically confirmed in writing.
Client and Client's caterers must leave the kitchen reasonably orderly and remove food and vendor-owned equipment at the end of the Event.
20. ALCOHOL
Alcohol may be possessed, provided, served, or consumed at the Venue only when permitted by applicable Kentucky and local law and Headquarters alcohol policy.
For all private events, Client may purchase and provide alcoholic beverages for guest consumption without obtaining any additional permits/licenses.
No person under twenty-one (21) years of age may purchase, possess, or consume alcoholic beverages.
Client must take reasonable measures to prevent underage consumption and service to visibly intoxicated persons.
For public events, Headquarters requires a licensed bartender/alcohol provider, local permit, state single-day liquor license, and certificate of insurance,
Client must provide satisfactory documentation 30 days before the Event.
Headquarters may suspend or terminate alcohol service if Headquarters reasonably believes that:
alcohol is being served unlawfully;
alcohol is being served to minors;
guests are dangerously intoxicated;
required licenses or documentation are missing;
alcohol service creates a safety risk; or
continued service threatens the Venue's legal or licensing status.
No open alcoholic beverage may be carried from the Venue in violation of local law.
Client assumes responsibility for Client's own alcohol-related conduct and for appropriately supervising Event alcohol service.
Client agrees to indemnify Headquarters as provided in this Agreement for claims arising from unlawful or improper alcohol possession, service, or consumption attributable to Client, Client's guests, or Client's vendors.
21. SMOKING AND VAPING
Smoking and vaping are strictly prohibited inside Headquarters and on the front venue alcove.
This prohibition includes cigarettes, cigars, pipes, marijuana, vaping devices, electronic cigarettes, and similar products.
Client is responsible for informing guests and vendors of this policy.
Smoking may occur only on public sidewalks in the front of the venue.
Client is responsible for cleanup of cigarette butts or related waste generated by Event attendees. Ash tray available upon request.
A smoking remediation fee (minimum $2,500) may be charged when smoking occurs inside the Venue, subject to applicable law. This charge is intended to address odor treatment, cleaning, lost rental use, professional remediation, and related costs. Additional documented property damage may be charged separately if it exceeds that amount.
22. WEAPONS
Weapons are prohibited on the Venue premises to the extent permitted by applicable law and Venue policy.
This restriction does not apply to authorized law-enforcement personnel acting within the scope of their duties or where applicable law otherwise prevents Headquarters from enforcing the restriction.
Headquarters may require a person violating this policy to leave the property.
23. MUSIC, ENTERTAINMENT, AND NOISE
DJs, musicians, bands, and other entertainment are permitted subject to Venue policies.
Live music and amplified entertainment must end no later than 11:00 p.m., unless Headquarters approves otherwise in writing.
Client and entertainers must maintain reasonable sound and bass levels in consideration of neighboring residents and businesses.
Headquarters may require the volume or bass level to be reduced at any time.
If Client or an entertainer refuses to comply with a reasonable noise instruction, Headquarters may disconnect Venue-provided audio equipment or require amplified music to stop.
Band layout and equipment must not block exits, fire-safety equipment, pathways, or required accessible routes.
24. AUDIOVISUAL EQUIPMENT AND INTERNET
Headquarters may provide Wi-Fi, speakers, projectors, connections, or other audiovisual equipment as an amenity.
Internet service and electronic equipment are provided on an “as available” basis. Headquarters does not guarantee uninterrupted internet service, compatibility with every device, or successful playback of Client-provided media.
Client is encouraged to test important presentations, videos, music, or other audiovisual materials before the Event.
25. PHOTOGRAPHY AND MARKETING
Photography and videography are permitted at the Venue subject to reasonable privacy and safety considerations.
Client grants Headquarters permission to photograph or record Venue setups and Event décor created or displayed at the Venue and to use such material for Venue marketing purposes, provided Headquarters uses reasonable judgment concerning identifiable private guests.
Client may opt out of Headquarters' use of identifiable Event photographs for marketing by providing written notice to bookings@headquarters.events before the Event.
Headquarters will not represent that it owns photographs created by Client's professional photographer merely because those photographs were taken at the Venue. Any use of third-party professional photography by Headquarters remains subject to applicable copyright law and any required photographer permission or license.
26. SECURITY CAMERAS
Client acknowledges that Headquarters may operate security cameras in common and event areas for property security, operational, and liability purposes.
Security cameras are not placed in bathrooms or second floor bridal/groomsmen suites where individuals have a reasonable expectation of personal privacy.
Video recordings are Venue property and may be retained, disclosed, or provided to insurers, attorneys, law enforcement, or other parties when reasonably necessary or legally required.
27. ACCESSIBILITY AND SPECIAL ACCOMMODATIONS
Headquarters seeks to reasonably accommodate guests with mobility limitations and other accessibility needs.
Because the historic building may contain architectural conditions associated with its age and configuration, Client should notify Headquarters in advance of any known accessibility needs so available accommodations and access arrangements can be discussed.
Client should not rely upon this Agreement as a representation that every portion of the historic property satisfies every accessibility standard applicable to newly constructed facilities.
28. PARKING
Headquarters does not own, operate, guarantee, or reserve public street parking or nearby public parking facilities.
Public parking rules, meter requirements, rates, availability, and enforcement are controlled by the applicable governmental authority and may change.
Client is responsible for communicating parking information to guests.
Headquarters is not responsible for parking citations, towing, vehicle damage, theft, parking availability, or fees incurred by Client, guests, or vendors.
29. FIRE SAFETY AND EMERGENCY PROCEDURES
Client, guests, and vendors may not block or obstruct exits, exit pathways, fire extinguishers, emergency equipment, or required access routes.
Decorations, furniture, entertainment equipment, and vendor equipment must be positioned so that required exits remain usable.
In the event of a fire or other emergency requiring evacuation, guests should leave the building immediately using the nearest safe exit and call 911.
Client and vendors must follow reasonable safety instructions issued by Headquarters staff, emergency personnel, governmental authorities, or law enforcement.
30. COMPLIANCE WITH LAW
Client is responsible for ensuring that the Event and activities arranged by Client comply with applicable federal, state, and local laws, ordinances, regulations, permits, and licensing requirements.
Headquarters may prohibit or stop any activity it reasonably believes to be illegal, unsafe, destructive, or inconsistent with Venue policies.
Illegal activity may result in immediate termination of the Event without refund.
31. ASSUMPTION OF RESPONSIBILITY AND RELEASE
Client understands that hosting and attending an event involves ordinary risks, including risks associated with crowds, food and beverage consumption, dancing, equipment, stairs or changes in elevation, weather conditions, decorations, third-party vendors, and the actions of guests.
To the fullest extent permitted by Kentucky law, Client assumes responsibility for injuries, losses, or damage caused by Client or Client's guests, invitees, or vendors.
TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT RELEASES HEADQUARTERS, LLC AND ITS OWNERS, MEMBERS, EMPLOYEES, AND AGENTS FROM CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE ORDINARY NEGLIGENCE OF HEADQUARTERS IN CONNECTION WITH RISKS REASONABLY CONTEMPLATED BY THE USE OF THE VENUE, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE WAIVED.
Nothing in this Agreement is intended to release Headquarters from liability that cannot legally be released by contract.
Client acknowledges that this section contains a release of certain legal claims and agrees that it should be interpreted only to the extent permitted by applicable law.
32. INDEMNIFICATION
To the fullest extent permitted by law, Client agrees to indemnify, defend, and hold harmless Headquarters, LLC and its owners, members, employees, and agents from third-party claims, damages, liabilities, losses, judgments, and reasonable legal expenses arising out of or relating to:
Client's Event;
the conduct of Client or Client's guests, invitees, vendors, or contractors;
damage caused by Client or persons associated with Client's Event;
Client's violation of this Agreement;
Client's violation of applicable law; or
products, food, alcohol, equipment, services, or activities supplied or arranged by Client or Client's vendors,
except to the extent the claim results from conduct for which Headquarters may not lawfully require indemnification.
33. LIMITATION OF DAMAGES
To the extent permitted by law, Headquarters will not be responsible for indirect, special, incidental, punitive, or consequential damages arising from the Event or this Agreement, including lost profits, travel expenses, third-party deposits, or emotional distress resulting solely from a contractual breach.
Nothing in this provision limits liability that applicable law prohibits Headquarters from limiting.
34. INSURANCE
Headquarters carries full liability insurance and umbrella insurance. For most events, Headquarters does not require Client to purchase additional event insurance.
Headquarters may require Client or particular vendors to provide proof of liability insurance when Headquarters reasonably determines additional insurance is appropriate because of the nature of the Event or planned activities.
If insurance is required, Headquarters will provide Client with the required coverage amount and documentation deadline.
Failure to provide required insurance or vendor documentation may result in the applicable vendor, service, equipment, or activity being prohibited.
35. VENUE RULES AND SAFETY POLICIES
Client agrees to comply with reasonable written Venue rules communicated before the Event.
Headquarters may update operational or safety rules when reasonably necessary because of changes in law, governmental requirements, insurance requirements, equipment, building conditions, or legitimate health and safety considerations.
Headquarters will not use a change in Venue rules to materially increase Client's contracted rental price or materially reduce the principal Venue access purchased by Client without Client's agreement, except where required by law or circumstances beyond Headquarters' reasonable control.
36. DEFAULT AND TERMINATION OF EVENT
Headquarters may immediately suspend an activity or terminate the Event if Client, guests, or vendors:
engage in illegal activity;
create a significant safety risk;
intentionally damage Venue property;
engage in violence or credible threats;
repeatedly refuse reasonable staff instructions;
exceed occupancy limits;
unlawfully serve alcohol;
smoke inside the Venue;
obstruct emergency exits; or
materially breach this Agreement.
Termination based upon Client's or Client's guests' material misconduct does not entitle Client to a refund.
Client remains responsible for damage and unpaid charges arising before or after termination.
37. COLLECTION COSTS
Client is responsible for valid unpaid amounts owed under this Agreement.
If Headquarters must pursue collection or legal action, Headquarters may seek court costs, collection expenses, and reasonable attorney fees to the extent permitted by applicable law.
38. GOVERNING LAW AND VENUE
This Agreement will be governed by the laws of the Commonwealth of Kentucky.
To the extent legally permitted, any legal action concerning this Agreement shall be brought in a court of competent jurisdiction serving Campbell County, Kentucky, unless the parties mutually agree otherwise or applicable law requires another forum.
39. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
An invalid or unenforceable provision should be interpreted or limited, where legally permissible, in a manner that most closely accomplishes its lawful purpose.
40. WAIVER
Headquarters' failure to enforce a provision of this Agreement on one occasion does not waive Headquarters' right to enforce that provision in the future.
A waiver is effective only for the specific circumstance for which it is given.
41. ELECTRONIC COMMUNICATIONS AND SIGNATURES
Client agrees that contracts, notices, payments, booking confirmations, approvals, and other Event communications may be provided electronically.
Electronic signatures and electronically accepted agreements may be treated as originals to the extent permitted by applicable law.
Written notice under this Agreement may be delivered by email to the contact addresses used by Headquarters and Client during the booking process.
42. ENTIRE AGREEMENT
This Agreement, together with Client's booking confirmation, payments, approved add-ons, and any written amendments signed or electronically accepted by both parties, represents the parties' complete agreement concerning the Venue rental.
Marketing materials, website descriptions, social-media posts, verbal discussions, and prior communications do not modify this Agreement unless incorporated into a written agreement between Headquarters and Client.
If there is a conflict between this Agreement and a later written amendment signed or expressly accepted by both parties, the later written amendment controls.
43. AMENDMENTS
Material changes to the Event Date, rental price, contracted access period, or other material terms must be approved in writing by Headquarters and Client.
Headquarters may not unilaterally rewrite the material financial terms of an already executed rental Agreement.
44. ACKNOWLEDGMENT
By e-signing below, Client acknowledges that Client:
has read this Agreement;
understands the Event rules and financial obligations;
has had the opportunity to ask questions before signing;
understands the cancellation and rescheduling terms;
accepts responsibility for Client's guests and vendors;
understands that this Agreement contains indemnification and limitation-of-liability provisions; and
voluntarily agrees to be bound by this Agreement.