Terms and Conditions

These Terms and Conditions (the "Terms") govern the rental of The View at Seacoast event venue ("TVAS" or "Venue"), located at 951 Seacoast Drive, Imperial Beach, California 91932, operated by The View at Seacoast LLC. These Terms are incorporated by reference into any signed Venue Rental Agreement between TVAS and Client. By completing a booking or executing a rental contract, you (the "Client") agree to be bound by these Terms.

1. Definitions

"Venue": The rooftop Ocean Terrace and associated spaces at 951 Seacoast Drive, Imperial Beach, CA 91932, as specified in the applicable Rental Agreement.

"Client": The individual, couple, or entity that executes a Rental Agreement with TVAS.

"Event Date": The date(s) reserved and specified in the signed Rental Agreement.

"Rental Period": The hours reserved by Client, including setup, event, and breakdown time.

"Rental Fee": The total venue rental charge set forth in the Rental Agreement, exclusive of optional add ons, taxes, or third party vendor fees.

"Non Refundable Retainer": The initial deposit required to secure the Event Date, as described in Section 3.

"Damage Deposit": The refundable security deposit described in Section 6.

"Approved Vendor": Any caterer, bartender, photographer, DJ, florist, or other service provider pre approved by TVAS in writing.

2. Booking and Reservations

A. Reservation Process

A reservation is not confirmed until Client has: (i) submitted a completed booking inquiry; (ii) received and executed a written Rental Agreement; and (iii) paid the Non Refundable Retainer in full. TVAS reserves the right to accept or decline any booking request at its sole discretion.

B. Capacity Limits

The Venue's maximum occupancy is determined by the configuration specified in the Rental Agreement and may not exceed limits set by applicable fire, building, and health codes. Client is solely responsible for ensuring guest counts remain within permitted capacity at all times. TVAS staff reserves the right to halt entry if capacity is reached.

C. Use of Venue

The Venue is reserved exclusively for the event type and date specified in the Rental Agreement. Client may not sublet, assign, or transfer the reservation to any third party without prior written consent from TVAS.

D. Rental Period

The Rental Period begins and ends at the times specified in the Rental Agreement, including all setup, event, and breakdown time. Client acknowledges that the Venue may have events before or after the reserved period. Overtime fees of $250 per 30 minute increment (or portion thereof) will be charged for exceeding the Rental Period. Excessive overtime that interferes with subsequent events may result in immediate termination of the rental.

3. Fees and Payment Schedule

All payments are processed via Stripe through our secure online portal. Payments by check or cash must be arranged in advance and are subject to a 3 business day clearance hold before the reservation is confirmed. A 3% convenience fee applies to credit card transactions. Returned checks will incur a $35 returned payment fee. Failure to complete payment by the specified due dates may result in automatic cancellation of the reservation, with the Non Refundable Retainer forfeited.

4. Cancellation and Refund Policy

Client acknowledges that upon execution of a Rental Agreement, TVAS declines other booking inquiries for the reserved Event Date. The following cancellation schedule represents liquidated damages and not a penalty (see Cal. Civ. Code § 1671):

All cancellation requests must be submitted in writing to [email protected]. The cancellation date is the date TVAS receives written notice. If TVAS is able to re book the cancelled Event Date at the same or higher Rental Fee, TVAS may, at its sole discretion, issue a partial refund of amounts collected beyond the Non Refundable Retainer. TVAS is under no obligation to attempt re booking.

5. Rescheduling

Client may request a one time date change subject to Venue availability. Rescheduling requests received more than 60 days before the original Event Date are subject to a $150 rescheduling fee. Requests received within 60 days of the Event Date are treated as a cancellation and subject to the cancellation schedule in Section 4. All rescheduled dates must be used within 12 months of the original Event Date.

6. Damage Deposit

Client will pay a refundable Damage Deposit as specified in the Rental Agreement, due no later than 14 days before the Event Date. The Damage Deposit will be refunded within 7 business days after the event, less any deductions for: damage to the Venue, furnishings, equipment, or fixtures beyond normal wear and tear; excessive cleaning costs above the standard post event cleaning fee; unauthorized use of the Venue or holdover beyond the Rental Period; violation of noise, alcohol, or vendor rules resulting in fines, citations, or third party claims; and any other costs, losses, or expenses incurred by TVAS due to Client's acts or omissions.

If damages exceed the Damage Deposit, Client remains liable for the full amount of damages. TVAS will provide an itemized statement of deductions within 7 business days.

7. Force Majeure

Neither party will be liable for failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, extreme weather, pandemics, governmental orders, civil unrest, utility failures, or California Coastal Commission regulatory orders affecting the Venue ("Force Majeure Event").

In the event of a Force Majeure Event affecting the Event Date: (i) TVAS will provide written notice as soon as practicable; (ii) TVAS will offer Client a rescheduled date of equal or comparable value within 18 months at no additional cost; and (iii) if Client cannot use the rescheduled date and no mutually agreeable alternative exists, TVAS will refund all amounts paid except the Non Refundable Retainer. The Non Refundable Retainer is non refundable in Force Majeure scenarios except where TVAS is wholly unable to fulfill any future rental obligation due to permanent closure.

8. Insurance Requirements

Client must obtain and maintain, at its own expense, the following insurance coverage for the Event: Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence / $2,000,000 aggregate, naming The View at Seacoast LLC as an Additional Insured. Liquor Liability Coverage (minimum $1,000,000) is required whenever alcohol is present at the event, whether BYOB or served by a licensed bartender/caterer. All third party vendors (caterers, DJs, photographers, florists, etc.) must carry their own liability insurance and provide proof of coverage upon request.

Certificate(s) of Insurance must be submitted to TVAS at least 14 days before the Event Date. TVAS reserves the right to require additional coverage amounts based on event size, nature, or risk. Events lacking required insurance by the due date may be cancelled without refund.

9. Alcohol Policy

TVAS does not hold a California ABC license and does not sell, furnish, or provide alcohol. All alcohol must be served by a licensed and insured bartending service or licensed caterer holding a valid California ABC license or event specific authorization (Form ABC 218 under Cal. B&P Code § 23399). Client is solely responsible for retaining a properly licensed service.

No self service alcohol stations, open coolers accessible to all guests, or unlicensed BYO service is permitted. The licensed bartender/caterer is solely responsible for verifying guest age (21+), managing responsible service, and ceasing service to visibly intoxicated guests.

Alcohol service must cease at least 30 minutes before the end of the Rental Period and in no event later than 9:00 PM. Client assumes full legal and financial responsibility for alcohol service and any resulting injuries, damage, or liability to guests or third parties. TVAS expressly disclaims all liability related to alcohol consumption.

TVAS reserves the right to require a licensed security guard or TVAS event staff at Client's expense for events exceeding 75 guests or where alcohol is served.

10. Noise and Event Conduct

A. Noise Ordinance Compliance

The Venue is subject to the City of Imperial Beach Municipal Code Chapter 9.32 (Noise). Amplified sound must not exceed 65 dB(A) measured at 50 feet and must not be plainly audible at 50 feet after 10:00 PM. TVAS self imposes an earlier music and amplified sound cutoff of 9:30 PM as a condition of operations. All DJs, live bands, and audio equipment operators must comply with this schedule. Acoustic background music may continue until the end of the Rental Period at reasonable levels.

B. Event Conduct Standards

Guests must behave in a respectful, non disruptive manner. TVAS staff have authority to remove any guest whose behavior endangers others, violates the law, or damages the Venue. Smoking and vaping are prohibited inside all enclosed areas of the Venue.

Prohibited items: confetti, glitter, loose sand, rice, birdseed, open flame candles without drip guards, smoke machines, sparklers, fireworks, and any items that may cause damage to the rooftop terrace surface. Biodegradable petals, ribbon wands, and bubble machines are permitted with prior written approval.

All decorations must be freestanding or use approved hanging methods. Nails, staples, tape, or adhesives on permanent Venue surfaces are prohibited. No outside furniture, tents, or structures may be installed without prior written approval from TVAS.

11. Vendors and Outside Services

TVAS permits outside vendors subject to the following conditions: All vendors must be pre approved by TVAS in writing at least 14 days before the Event Date. Client is responsible for coordinating vendor arrival, setup, and breakdown within the Rental Period. Vendor setup and breakdown time counts toward the Rental Period unless a separate written arrangement is agreed.

All food vendors and caterers must hold a valid San Diego County Environmental Health permit and provide proof upon request. TVAS is not responsible for the quality, performance, or conduct of any outside vendor. Client shall indemnify TVAS for any claims arising from vendor acts or omissions. TVAS reserves the right to reject any vendor it reasonably believes lacks adequate insurance, licensing, or whose presence poses a health or safety risk.

12. Indemnification and Hold Harmless

Client agrees to defend, indemnify, and hold harmless The View at Seacoast LLC and its members, managers, officers, employees, agents, and representatives (collectively, "TVAS Parties") from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: Client's or Client's guests' use of the Venue or the services provided under the Rental Agreement; any breach by Client of these Terms or the Rental Agreement; the negligence, gross negligence, or intentional misconduct of Client, Client's guests, or Client's vendors; bodily injury, death, or property damage occurring at or in connection with the event; any violation of applicable law, including noise ordinances, ABC regulations, or fire codes; and claims arising from alcohol service at the event.

This indemnification obligation survives termination or expiration of the Rental Agreement.

13. Limitation of Liability

To the maximum extent permitted by applicable California law, the TVAS Parties' total liability to Client arising out of or related to the Rental Agreement or these Terms, regardless of the theory of liability, will not exceed the total Rental Fee actually paid by Client to TVAS for the Event Date in question.

In no event will the TVAS Parties be liable for: (i) indirect, incidental, special, consequential, or punitive damages; (ii) loss of profits, goodwill, or business opportunity; (iii) weather conditions or acts of nature affecting outdoor portions of the event; or (iv) the acts or omissions of Client's vendors, guests, or third parties.

14. Photography, Media, and Marketing

Client grants TVAS a non exclusive, royalty free, perpetual license to use event photographs and video content taken by TVAS or its agents for marketing, social media, website, and promotional purposes, provided that no identifiable guests are featured without their separate consent. Client may request that specific images not be used by written notice to TVAS within 30 days of the Event Date. Photographers hired by Client may access the Venue only during the Rental Period and must abide by TVAS safety and access rules.

15. Accessibility

TVAS is committed to providing an accessible venue experience. Clients with specific accessibility needs should notify TVAS at least 30 days before the Event Date to coordinate accommodations. While the rooftop Ocean Terrace is accessible via elevator, certain configurations may present limitations for guests with mobility impairments. TVAS will use reasonable efforts to accommodate all guests within the physical constraints of the Venue.

16. Governing Law and Dispute Resolution

A. Governing Law

These Terms and any dispute arising hereunder will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Venue for any action not subject to arbitration will be the Superior Court of the State of California, County of San Diego.

B. Informal Resolution

Before initiating arbitration or legal proceedings, the parties agree to attempt good faith informal resolution for at least 30 days following written notice describing the dispute and desired resolution.

C. Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Rental Agreement that cannot be resolved informally will be resolved by binding arbitration administered by JAMS in San Diego, California, under JAMS' Streamlined Arbitration Rules. The arbitrator will have authority to award all remedies available at law or equity. The arbitration award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

D. Class Action Waiver

Client and TVAS each waive any right to participate in a class action, class arbitration, collective action, or representative proceeding. Any arbitration or litigation will proceed solely on an individual basis.

E. Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent imminent harm, pending arbitration.

F. Statute of Limitations

Any claim or cause of action arising from a rental event must be filed within one (1) year of the Event Date, or it is permanently barred, regardless of any longer statute of limitations that might otherwise apply.

17. SMS Program Terms

By providing your mobile number and checking the opt in box on our inquiry or booking form, you consent to receive text messages from The View at Seacoast. The following program terms apply:

18. General Provisions

A. Entire Agreement

These Terms, together with the signed Rental Agreement and any written addenda, constitute the entire agreement between the parties regarding the Venue rental and supersede all prior negotiations, representations, or agreements.

B. Amendments

TVAS reserves the right to update these Terms at any time. Material changes will be posted to theviewatseacoast.com/terms with a revised effective date. Continued use of TVAS services after the updated effective date constitutes acceptance. Signed Rental Agreements will be governed by the Terms in effect at the time of signing.

C. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

D. Waiver

TVAS's failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future.

E. No Partnership or Agency

Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between Client and TVAS.

F. Notices

All written notices required under these Terms must be sent by email to [email protected] or by certified mail to 951 Seacoast Drive, Imperial Beach, CA 91932. Notice is effective upon confirmed delivery.