Planterra’s Music & Entertainment Policy and Agreement
Planterra Corporation (“Planterra”) owns and operates a conservatory in West Bloomfield, Michigan (the “Conservatory”) which from time to time is used to host events. The Conservatory is located adjacent to a residential area. This policy is intended to limit the use of the Conservatory so as not to unreasonably interfere with the use and enjoyment of the adjacent properties.
Due to the open floor plan and acoustics of the Conservatory, the required limit on decibels does not affect a festive atmosphere, dancing or the enjoyment of the entertainment.
Planterra reserves the right to determine the suitability of the entertainer, its performance content, terms and schedules. Entertainers are required to be insured and agree to Planterra’s music policy.
- All entertainers must be pre-approved by Planterra. This includes:
- Fully executed and up to date Client Service Provider Agreement on file.
- Completion of a site walkthrough at least 30 days prior to the event.
- All music and entertainment is required to follow these guidelines:
- Music must end at Midnight.
- No subwoofers may be used on the property.
- Sound volume inside the Conservatory cannot exceed 80 decibels at any time.
- Music volume must be lowered before making any announcements on a microphone in order not to exceed the 80 decibel limit.
- No bands with more than 6 musicians will be permitted.
- Live bands are limited to events that occur November 1st to April 30th.
- Drums/percussion/horns may not be enhanced by microphones or amplification.
- No amplified music or microphones may be used outdoors.
- Only acoustic instruments are permitted outdoors.
- Outdoor music must end at 8PM.
- Loading and unloading can only occur in the loading docks.
- Decibel level will be monitored by Planterra personnel throughout the event.
- The entertainer will, if requested, turn down music or terminate the performance for any violation of this policy. Planterra may, due to any event of noncompliance, shut-off the power to the entertainment, and evict the entertainer. The entertainer will comply with all requests made in connection with the enforcement of this policy
- Damages for any breach of this policy are not possible to measure. Therefore, any entertainer violating this policy shall pay Planterra liquidated damages of $2,500 for each violation. The damages may be cumulated for each violation, e.g., exceeding the decibel limit is one violation for which damages are owed and not turning down the music when requested is a separate violation for which additional damages are owed. This measure of damages is not a penalty but a reasonable estimate of damages.
No waiver of this policy shall be effective unless stated in writing in an agreement signed by Planterra.
The undersigned (the “Entertainer”), for good and valuable consideration including permission to access and use the Planterra facility and the receipt and sufficiency of which consideration is acknowledged by the entertainer, agrees to at all times to strictly adhere to and follow the restrictions and limitations on the use of the Conservatory described above, and any other restrictions or limitations on use of the Conservatory that may be subsequently imposed and of which the Entertainer is informed of prior to or while using the Conservatory.
The Entertainer further expressly agrees (i) that the damages stated for non-compliance are reasonable and not a penalty, (ii) the full amount of the damages will paid within five (5) business days of being billed by Planterra, and (iii) the entertainer will in addition to damages pay Planterra a sum equal to its actual costs and attorney’s fees incurred in connection with the enforcement of its rights and to collect the damages.
There are no further agreements between the parties. Any modification of this agreement must be in writing and signed by the parties.