Common use of Exceptions and Restrictions Clause in Contracts

Exceptions and Restrictions. (1) Non-profit, private and commercial users may rent the designated spaces subject to Aquarium availability and approval. (2) The primary concern of the Aquarium is the safety and well-being of the animals in our care. To support these concerns and to ensure the overall safety and needs of the renter group, the Aquarium reserves the right to move or terminate the location of any event. (3) Patrons may not book the facility for the purpose of renting to another party (“third-party rental”). Third party rentals will result in the loss of rental privileges for all parties involved. Rental Space and Exhibits: • To ensure adequate setup time for the Aquarium and vendors, evening rentals cannot start earlier than 6:30 p.m., and rentals must end no later than 12:30 a.m. • Clients and guests may not utilize or occupy areas that are not rented. • Rentals for weddings and receptions may use the Conference Room and/or Classrooms beginning at 4 p.m. the day of the rental for getting ready prior to the event. Use must be approved by Aquarium Events Coordinator. • The lights in all exhibits go out at 11:30 p.m. or at the end of your event time, prior to breakdown beginning. The Aquarium staff and the animals in our care thank you in advance for your consideration in these matters. • The client is responsible for ensuring the Aquarium premises are restored to their original condition immediately following the rental’s conclusion. • The Aquarium Reef playground may remain open during your rental. Play will be at your own risk with parental supervision required. The Aquarium is not liable for any injury and reserves the right to ask guests to exit the area. Playground is not guaranteed to be open during your rental. • The Aquarium strives for 100% exhibit operation, but some exhibits are occasionally closed for maintenance. No discounts or refunds will be made for these closures. The Aquarium reserves the right to change and renovate exhibits as needed and/or required. The renter will be made aware of any potential changes in rental space. Renovations and/or changes do not permit a discount on rental or refund of the down payment or any monies already paid. Aquarium Staff: • The Aquarium Events Coordinator that reviews the rental agreement with you may or may not be the Coordinator working your rental. • An Aquarium Events Coordinator, Security staff and housekeeping staff will be present throughout the duration of the rental to ensure timely setup and breakdown, to maintain the safety of guests, exhibits and Aquarium grounds throughout the rental and to enforce the policies contained in this contract. • Aquarium staff are not responsible for the direction of ceremony unless services are rented by client. • Aquarium staff are not responsible for the setup or breakdown of any items that have not been rented through the Aquarium including tables, chairs, linens or décor. Vendors: • The client is responsible for communicating all service provider requirements to the appropriate parties including, but not limited to, caterers, wedding coordinators, musicians, DJs, photographers, decorators, florists, rental companies and guests involved with the logistics of the event. Failures of service providers to meet the Aquarium’s requirements will result in additional charges applied to the client. • To ensure the proper use and care of facilities and equipment, the Aquarium requires the client to designate a professional, family member or friend who is not a member of the wedding party as the Day-of Coordinator to be responsible for client obligations on the day of the rental. The Day-of Coordinator will serve in the capacity of decision-maker on behalf of the client with all vendors including the caterer, florist, DJ/band, etc. and will collaborate with the Aquarium Events Coordinator and Aquarium staff during the rental. • Contact information for all vendors who will be onsite the rental date must be provided to the Aquarium Events Coordinator at least 30 days prior to the rental date. • Vendors are not permitted to arrive for setup earlier than 30 minutes prior to setup start time without prior arrangement with the Aquarium. Food, Catering and Beverages: • Alcoholic beverages are limited to beer, wine and champagne only (no more than 16% alcohol) and are permitted if approved prior to the rental by the Director of the Aquarium. The client is responsible for hiring a caterer that has insurance to cover alcohol liability and can provide bartending services. A bartender is responsible for the serving of all alcoholic beverages directly to guests. Bottles of alcohol such as wine cannot be placed on tables for self-service. Additionally, bartenders may not pre-pour alcohol drinks to be set out for guests to help themselves and must attend the bar at all times. Please note: o Hard liquor is explicitly prohibited on Aquarium property and is a term of cancellation, forfeiture of security deposit and payment reimbursement of any kind if liquor is suspected. o The legal drinking age in North Carolina is 21 years old. (Bartenders will card as necessary.) o Self-serving of alcoholic beverages is NOT allowed. o Open containers may NOT leave the Aquarium. o Alcohol will not be served for the last 30 minutes of the event, but the bar will remain open to serve non-alcoholic beverages. “Last Call” for alcohol will be made within at least 20 minutes past the last hour of the event. o It is the responsibility of the client to work with a caterer who can implement these alcohol related policies. • For clients considering monetary exchange for guests’ admittance into an event where alcohol is served, i.e. cash bars, ticket sales, membership fees, donations, etc., client must obtain a Special One-Time Permit though North Carolina ABC Commission. Cash bars are limited to non-profit organizations only who must obtain a Special One-Time Permit from the North Carolina ABC Commission. All ticketed events, must get prior approval by the Aquarium Events Coordinator. • Food must be provided and served by a health department inspected, insured and permitted caterer or food service- provider. An exception can be made for cakes. Events must be serviced by the caterer throughout the entire event; drop-off service is not permitted unless approved by the Aquarium Events Coordinator. A list of caterers who have met the standards required by the Aquarium is available for you to review at your convenience. Other caterers who possess a county business license and current health score may be used with prior approval of the Aquarium Events Coordinator. Caterers being requested who are not on our current Successful Catering List must be approved prior to your contracted rental with our Caterer Approval Form before contracting. Caterers are required to have and provide copies of their liability insurance to the Special Events Department prior to the rental. • The caterer and/or client are responsible for equipment setup, breakdown, removal of food and beverages and cleanup and breakdown within the contracted rental period. A meeting between the Aquarium Events Coordinator and a new caterer is required before the contracted rental with a layout, timeline and checklist returned to the Aquarium Events Coordinator 30 days prior to your rental date. • The Aquarium appreciates any attempts by caterers and renters to use sustainable products, serve sustainable seafood, and recycle waste products. Please inform us of the recyclable containers you will need. We strongly encourage clients to use environmentally friendly products; china is preferred for food and beverage. We strongly discourage the use of single-use, disposable items like individual water bottles, Styrofoam products, etc. • Client agrees to provide a guest meal to all Aquarium staff present during the rental if rental time exceeds 2 hours.

Exceptions and Restrictions. (1) Non-profit, private and commercial users may rent the designated spaces subject to Aquarium availability and approval. (2) The primary concern of the Aquarium is the safety and well-being of the animals in our care. To support these concerns and to ensure the overall safety and needs of the renter group, the Aquarium reserves the right to move or terminate the location of any event. (3) Patrons may not book the facility for the purpose of renting to another party (“third-party rental”). Third party rentals will result in the loss of rental privileges for all parties involved. Rental Space and Exhibits: • To ensure adequate setup time for the Aquarium and vendors, evening rentals cannot start earlier than 6:30 p.m., and rentals must end no later than 12:30 a.m. • Clients and guests may not utilize or occupy areas that are not rented. • Rentals for weddings and receptions may use the Conference Room and/or Classrooms beginning at 4 p.m. the day of the rental for getting ready prior to the event. Use must be approved by Aquarium Events Coordinator. • The lights in all exhibits go out at 11:30 p.m. or at the end of your event time, prior to breakdown beginning. The Aquarium staff and the animals in our care thank you in advance for your consideration in these matters. • The client is responsible for ensuring the Aquarium premises are restored to their original condition immediately following the rental’s conclusion. • The Aquarium Reef playground may remain open during your rental. Play will be at your own risk with parental supervision required. The Aquarium is not liable for any injury and reserves the right to ask guests to exit the area. Playground is not guaranteed to be open during your rental. • The Aquarium strives for 100% exhibit operation, but some exhibits are occasionally closed for maintenance. No discounts or refunds will be made for these closures. The Aquarium reserves the right to change and renovate exhibits as needed and/or required. The renter will be made aware of any potential changes in rental space. Renovations and/or changes do not permit a discount on rental or refund of the down payment or any monies already paid. Aquarium Staff: • The Aquarium Events Coordinator that reviews the rental agreement with you may or may not be the Coordinator working your rental. • An Aquarium Events Coordinator, Security staff and housekeeping staff will be present throughout the duration of the rental to ensure timely setup and breakdown, to maintain the safety of guests, exhibits and Aquarium grounds throughout the rental and to enforce the policies contained in this contract. • Aquarium staff are not responsible for the direction of ceremony unless services are rented by clientceremony. • Aquarium staff are not responsible for the setup or breakdown of any items that have not been rented through the Aquarium including tables, chairs, linens or décor. Vendors: • The client is responsible for communicating all service provider requirements to the appropriate parties including, but not limited to, caterers, wedding coordinators, musicians, DJs, photographers, decorators, florists, rental companies and guests involved with the logistics of the event. Failures of service providers to meet the Aquarium’s requirements will result in additional charges applied to the client. • To ensure the proper use and care of facilities and equipment, the Aquarium requires the client to designate a professional, family member or friend who is not a member of the wedding party as the Day-of Coordinator to be responsible for client obligations on the day of the rental. The Day-of Coordinator will serve in the capacity of decision-maker on behalf of the client with all vendors including the caterer, florist, DJ/band, etc. and will collaborate with the Aquarium Events Coordinator and Aquarium staff during the rental. • Contact information for all vendors who will be onsite the rental date must be provided to the Aquarium Events Coordinator at least 30 days prior to the rental date. • Vendors are not permitted to arrive for setup earlier than 30 minutes prior to setup start time without prior arrangement with the Aquarium. Food, Catering and Beverages: • Alcoholic beverages are limited to beer, wine and champagne only (no more than 16% alcohol) and are permitted if approved prior to the rental by the Director of the Aquarium. The client is responsible for hiring a caterer that has insurance to cover alcohol liability and can provide bartending services. A bartender is responsible for the serving of all alcoholic beverages directly to guests. Bottles of alcohol such as wine cannot be placed on tables for self-service. Additionally, bartenders may not pre-pour alcohol drinks to be set out for guests to help themselves and must attend the bar at all times. Please note: o Hard liquor is explicitly prohibited on Aquarium property and is a term of cancellation, forfeiture of security deposit and payment reimbursement of any kind if liquor is suspected. o The legal drinking age in North Carolina is 21 years old. (Bartenders will card as necessary.) o Self-serving of alcoholic beverages is NOT allowed. o Open containers may NOT leave the Aquarium. o Alcohol will not be served for the last 30 minutes of the event, but the bar will remain open to serve non-alcoholic beverages. “Last Call” for alcohol will be made within at least 20 minutes past the last hour of the event. o It is the responsibility of the client to work with a caterer who can implement these alcohol related policies. • For clients considering monetary exchange for guests’ admittance into an event where alcohol is served, i.e. cash bars, ticket sales, membership fees, donations, etc., client must obtain a Special One-Time Permit though North Carolina ABC Commission. Cash bars are limited to non-profit organizations only who must obtain a Special One-Time Permit from the North Carolina ABC Commission. All ticketed events, must get prior approval by the Aquarium Events Coordinator. • Food must be provided and served by a health department inspected, insured and permitted caterer or food service- provider. An exception can be made for cakes. Events must be serviced by the caterer throughout the entire event; drop-off service is not permitted unless approved by the Aquarium Events Coordinator. A list of caterers who have met the standards required by the Aquarium is available for you to review at your convenience. Other caterers who possess a county business license and current health score may be used with prior approval of the Aquarium Events Coordinator. Caterers being requested who are not on our current Successful Catering List must be approved prior to your contracted rental with our Caterer Approval Form before contracting. Caterers are required to have and provide copies of their liability insurance to the Special Events Department prior to the rental. • The caterer and/or client are responsible for equipment setup, breakdown, removal of food and beverages and cleanup and breakdown within the contracted rental period. A meeting between the Aquarium Events Coordinator and a new caterer is required before the contracted rental with a layout, timeline and checklist returned to the Aquarium Events Coordinator 30 days prior to your rental date. • The Aquarium appreciates any attempts by caterers and renters to use sustainable products, serve sustainable seafood, and recycle waste products. Please inform us of the recyclable containers you will need. We strongly encourage clients to use environmentally friendly products; china is preferred for food and beverage. We strongly discourage the use of single-use, disposable items like individual water bottles, Styrofoam products, etc. • Client agrees to provide a guest meal to all Aquarium staff present during the rental if rental time exceeds 2 hours.

Exceptions and Restrictions. (1) Non-profit, private and commercial users may rent the designated spaces subject to Aquarium availability and approval. (2) The primary concern of the Aquarium is the safety and well-being of the animals in our care. To support these concerns and to ensure the overall safety and needs of the renter group, the Aquarium reserves the right to move or terminate the location of any event. (3) Patrons may not book the facility for the purpose of renting to another party (“third-party rental”). Third party rentals will result in the loss of rental privileges for all parties involved. Rental Space and Exhibits: •  To ensure adequate setup time for the Aquarium and vendors, guests may no enter for evening rentals cannot start earlier than 6:30 p.m., and rentals must end no later than 12:30 a.m. • including breakdown.  Clients and guests may not utilize or occupy areas that are not rented, including for photos. •  Rentals for weddings and receptions may use the Conference Room and/or Classrooms beginning at 4 p.m. the day of the rental for getting ready prior to the event. Use must be approved by Aquarium Events Coordinator. •  The lights in all exhibits go out at 11:30 p.m. or at the end of your event time, prior to breakdown beginning. The Aquarium staff and the animals in our care thank you in advance for your consideration in these matters. •  The client is responsible for ensuring the Aquarium premises are restored to their original condition immediately following the rental’s conclusion. •  The Aquarium Reef playground may remain open during your rental. Play will be at your own risk with parental supervision required. The Aquarium is not liable for any injury and reserves the right to ask guests to exit the area. Playground is not guaranteed to be open during your rental. •  The Aquarium strives for 100% exhibit operation, but some exhibits are occasionally closed for maintenance. No discounts or refunds will be made for these closures. The Aquarium reserves the right to change and renovate exhibits as needed and/or required. The renter will be made aware of any potential changes in rental space. Renovations and/or changes do not permit a discount on rental or refund of the down payment payment, or any monies already paid. Aquarium Staff: •  The Aquarium Events Coordinator that reviews the rental agreement with you may or may not be the Coordinator working your rental. •  An Aquarium Events Coordinator, Security staff and housekeeping staff will be present throughout the duration of the rental to ensure timely setup and breakdown, to maintain the safety of guests, exhibits and Aquarium grounds throughout the rental and to enforce the policies contained in this contract. •  Aquarium staff are not responsible for the direction of ceremony unless services are rented by client. •  Aquarium staff are not responsible for the setup or breakdown of any items that have not been rented through the Aquarium including tables, chairs, linens linens, or décor. Vendors: •  The client is responsible for communicating all service provider requirements to the appropriate parties including, but not limited to, caterers, wedding coordinators, musicians, DJs, photographers, decorators, florists, rental companies companies, and guests involved with the logistics of the event. Failures of service providers to meet the Aquarium’s requirements will result in additional charges applied to the client. •  To ensure the proper use and care of facilities and equipment, the Aquarium requires the client to designate a professional, family member or friend who is not a member of the wedding party as the Day-of Coordinator to be responsible for client obligations on the day of the rental. The Day-of Coordinator will serve in the capacity of decision-maker on behalf of the client with all vendors including the caterer, florist, DJ/band, etc. and will collaborate with the Aquarium Events Coordinator and Aquarium staff during the rentalrental and must be onsite at the Aquarium during designated setup time. •  Contact information for all vendors who will be onsite on the rental date must be provided to the Aquarium Events Coordinator at least 30 days prior to the rental date. •  Vendors are not permitted to arrive for setup earlier than 30 minutes prior to setup start time without prior arrangement with the Aquarium. Food, Catering and Beverages: •  Alcoholic beverages are limited to beer, wine wine, and champagne only (no more than 16% alcohol) and are permitted if approved prior to the rental by the Director of the Aquarium. The client is responsible for hiring a caterer that has insurance to cover alcohol liability and can provide bartending services. A bartender is responsible for the serving of all alcoholic beverages directly to guests. Bottles of alcohol such as wine cannot be placed on tables for self-service. Additionally, bartenders may not pre-pour alcohol drinks to be set out for guests to help themselves and must attend the bar at all times. Please note: o Hard liquor is explicitly prohibited on Aquarium property and is a term of cancellation, forfeiture of security deposit and payment reimbursement of any kind if liquor is suspected. o The legal drinking age in North Carolina is 21 years old. (Bartenders will card as necessary.) o Self-serving of alcoholic beverages is NOT allowed. o Open containers may NOT leave the Aquarium. o Alcohol will not be served for the last 30 minutes of the event, but the bar will remain open to serve non-alcoholic beverages. “Last Call” for alcohol will be made within at least 20 minutes past the last hour of the event. o It is the responsibility of the client to work with a caterer who can implement these alcohol related policies. •  For clients considering monetary exchange for guests’ admittance into an event where alcohol is served, i.e. cash bars, ticket sales, membership fees, donations, etc., client must obtain a Special One-Time Permit though North Carolina ABC Commission. Cash bars are limited to non-profit organizations only who must obtain a Special One-Time Permit from the North Carolina ABC Commission. All ticketed events, must get prior approval by the Aquarium Events Coordinator. •  Food must be provided and served by a health department inspected, insured insured, and permitted caterer or food service- provider. An exception can be made for cakes. Events must be serviced by the caterer throughout the entire event; drop-off service is not permitted unless approved by the Aquarium Events Coordinator. A list of caterers who have met the standards required by the Aquarium is available for you to review at your convenience. Other caterers who possess a county business license license, liability insurance and current health score may be used with prior approval of the Aquarium Events Coordinator. Caterers being requested who are not on our current Successful Catering List must be approved prior to your contracted rental with our Caterer Approval Form before contracting. Caterers are required to have and provide copies of their liability insurance to the Special Events Department prior to the rental. •  The caterer and/or client are responsible for equipment setup, breakdown, removal of food and beverages and cleanup and breakdown within the contracted rental period. A meeting between the Aquarium Events Coordinator and a new caterer is required before the contracted rental with a layout, timeline and checklist returned to the Aquarium Events Coordinator 30 days prior to your rental date. •  The Aquarium appreciates any attempts by caterers and renters to use sustainable products, serve sustainable seafood, and recycle waste products. Please inform us of the recyclable containers you will need. We strongly encourage clients to use environmentally friendly products; china is preferred for food and beverage. We strongly discourage the use of single-use, disposable items like individual water bottles, Styrofoam products, etc. •  Client agrees to provide a guest meal to all Aquarium staff present during the rental if rental time exceeds 2 hours.

Exceptions and Restrictions. (1) Non-profit, private and commercial users may rent the designated spaces subject to Aquarium availability and approval. (2) The primary concern of the Aquarium is the safety and well-being of the animals in our care. To support these concerns and to ensure the overall safety and needs of the renter group, the Aquarium reserves the right to move or terminate the location of any event. (3) Patrons may not book the facility for the purpose of renting to another party (“third-party rental”). Third party rentals will result in the loss of rental privileges for all parties involved. Rental Space and Exhibits: • To ensure adequate setup time for the Aquarium and vendors, guests may no enter for evening rentals cannot start earlier than 6:30 p.m., and rentals must end no later than 12:30 a.m. including breakdown. • Clients and guests may not utilize or occupy areas that are not rented, including for photos. • Rentals for weddings and receptions may use the Conference Room and/or Classrooms beginning at 4 p.m. the day of the rental for getting ready prior to the event. Use must be approved by Aquarium Events Coordinator. • The lights in all exhibits go out at 11:30 p.m. or at the end of your event time, prior to breakdown beginning. The Aquarium staff and the animals in our care thank you in advance for your consideration in these matters. • The client is responsible for ensuring the Aquarium premises are restored to their original condition immediately following the rental’s conclusion. • The Aquarium Reef playground may remain open during your rental. Play will be at your own risk with parental supervision required. The Aquarium is not liable for any injury and reserves the right to ask guests to exit the area. Playground is not guaranteed to be open during your rental. • The Aquarium strives for 100% exhibit operation, but some exhibits are occasionally closed for maintenance. No discounts or refunds will be made for these closures. The Aquarium reserves the right to change and renovate exhibits as needed and/or required. The renter will be made aware of any potential changes in rental space. Renovations and/or changes do not permit a discount on rental or refund of the down payment or any monies already paid. Aquarium Staff: • The Aquarium Events Coordinator that reviews the rental agreement with you may or may not be the Coordinator working your rental. • An Aquarium Events Coordinator, Security staff and housekeeping staff will be present throughout the duration of the rental to ensure timely setup and breakdown, to maintain the safety of guests, exhibits and Aquarium grounds throughout the rental and to enforce the policies contained in this contract. • Aquarium staff are not responsible for the direction of ceremony unless services are rented by client. • Aquarium staff are not responsible for the setup or breakdown of any items that have not been rented through the Aquarium including tables, chairs, linens or décor. Vendors: • The client is responsible for communicating all service provider requirements to the appropriate parties including, but not limited to, caterers, wedding coordinators, musicians, DJs, photographers, decorators, florists, rental companies and guests involved with the logistics of the event. Failures of service providers to meet the Aquarium’s requirements will result in additional charges applied to the client. • To ensure the proper use and care of facilities and equipment, the Aquarium requires the client to designate a professional, family member or friend who is not a member of the wedding party as the Day-of Coordinator to be responsible for client obligations on the day of the rental. The Day-of Coordinator will serve in the capacity of decision-maker on behalf of the client with all vendors including the caterer, florist, DJ/band, etc. and will collaborate with the Aquarium Events Coordinator and Aquarium staff during the rentalrental and must be onsite at the Aquarium during designated setup time. • Contact information for all vendors who will be onsite on the rental date must be provided to the Aquarium Events Coordinator at least 30 days prior to the rental date. • Vendors are not permitted to arrive for setup earlier than 30 minutes prior to setup start time without prior arrangement with the Aquarium. Food, Catering and Beverages: • Alcoholic beverages are limited to beer, wine and champagne only (no more than 16% alcohol) and are permitted if approved prior to the rental by the Director of the Aquarium. The client is responsible for hiring a caterer that has insurance to cover alcohol liability and can provide bartending services. A bartender is responsible for the serving of all alcoholic beverages directly to guests. Bottles of alcohol such as wine cannot be placed on tables for self-service. Additionally, bartenders may not pre-pour alcohol drinks to be set out for guests to help themselves and must attend the bar at all times. Please note: o Hard liquor is explicitly prohibited on Aquarium property and is a term of cancellation, forfeiture of security deposit and payment reimbursement of any kind if liquor is suspected. o The legal drinking age in North Carolina is 21 years old. (Bartenders will card as necessary.) o Self-serving of alcoholic beverages is NOT allowed. o Open containers may NOT leave the Aquarium. o Alcohol will not be served for the last 30 minutes of the event, but the bar will remain open to serve non-alcoholic beverages. “Last Call” for alcohol will be made within at least 20 minutes past the last hour of the event. o It is the responsibility of the client to work with a caterer who can implement these alcohol related policies. • For clients considering monetary exchange for guests’ admittance into an event where alcohol is served, i.e. cash bars, ticket sales, membership fees, donations, etc., client must obtain a Special One-Time Permit though North Carolina ABC Commission. Cash bars are limited to non-profit organizations only who must obtain a Special One-Time Permit from the North Carolina ABC Commission. All ticketed events, must get prior approval by the Aquarium Events Coordinator. • Food must be provided and served by a health department inspected, insured and permitted caterer or food service- provider. An exception can be made for cakes. Events must be serviced by the caterer throughout the entire event; drop-off service is not permitted unless approved by the Aquarium Events Coordinator. A list of caterers who have met the standards required by the Aquarium is available for you to review at your convenience. Other caterers who possess a county business license license, liability insurance and current health score may be used with prior approval of the Aquarium Events Coordinator. Caterers being requested who are not on our current Successful Catering List must be approved prior to your contracted rental with our Caterer Approval Form before contracting. Caterers are required to have and provide copies of their liability insurance to the Special Events Department prior to the rental. • The caterer and/or client are responsible for equipment setup, breakdown, removal of food and beverages and cleanup and breakdown within the contracted rental period. A meeting between the Aquarium Events Coordinator and a new caterer is required before the contracted rental with a layout, timeline and checklist returned to the Aquarium Events Coordinator 30 days prior to your rental date. • The Aquarium appreciates any attempts by caterers and renters to use sustainable products, serve sustainable seafood, and recycle waste products. Please inform us of the recyclable containers you will need. We strongly encourage clients to use environmentally friendly products; china is preferred for food and beverage. We strongly discourage the use of single-use, disposable items like individual water bottles, Styrofoam products, etc. • Client agrees to provide a guest meal to all Aquarium staff present during the rental if rental time exceeds 2 hours.