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Sportsplex Rental Agreement
Dartmouth Sportsplex Community Association
RENTAL AGREEMENT
Your reply or digital signature, agreeing to the Terms and Conditions listed below, is required to confirm your rental. If your rental is not confirmed within 3 days, your booking will be released.
GENERAL TERMS AND CONDITIONS
The terms and conditions listed below apply to the use of the Dartmouth Sportsplex (the “Facility”). In consideration of the terms and conditions set out below, the Dartmouth Sportsplex Community Association (the “Lessor”) and the Lessee agree as follows:
Payment
- The Lessee agrees to pay the applicable facility rental fees as determined by the Lessor.
- Payments shall be by credit card, cheque, cash, debit or bank money order. A fee of $30 will be charged for each NSF cheque.
- Payment is required at time of booking unless the Lessee has an arrangement for invoicing, which arrangement is at the discretion of the Lessor and may be cancelled at any time.All invoices are due and payable within thirty 30 days of the date of the invoice.
Cancellation
- The Lessor may cancel this rental agreement at any time with, or without, cause. In addition, the Lessor may cancel without notice if the Facility becomes unavailable due to circumstances beyond its control including, but not limited to, fire, labour strikes, activation as an EMO shelter or facility, or Act of God.
- If the Facility is needed for another purpose (other than one that is beyond the Lessor’s control), the Lessor reserves the right to cancel or postpone the Lessee’s rental of the Facility provided a minimum of seven (7) days notice.
- In the event of cancellation pursuant to clause 4 and/or 5 (above) advanced fees paid to the Lessor will be refunded, or credited, to the Lessee.
- If the Lessee cancels the rental with a minimum of thirty (30) days notice, 100% of the rental fees will be waived and any advance fees paid to the Lessor will be refunded or credited to the Lessee.
- If the Lessee cancels the rental with a minimum of fourteen (14) days notice, 50% of the rental fee is due and payable to the Lessor and any advance fees, paid to the Lessor, over 50% of the fees due will be refunded or credited to the Lessee.
- If the Lessee cancels the rental with fewer than fourteen (14) days notice, 100% of the rental fee is due and payable to the Lessor and there shall be no refund for any advance fees.
Insurance and Indemnification
- The Lessee agrees to save harmless and indemnify the Lessor against any and all claims, liabilities, demands, damages, rights, or causes of action whatsoever made, or asserted, by anyone arising out of or incidental to the
Lessee’s rental of the Facility.
- The Lessee agrees to save harmless and indemnify the Lessor for any damage that may occur to the Lessor’s property, facilities, furnishing, or equipment arising out of or incidental to the Lessee’s rental of the facility.
- The Lessor is not responsible for articles or valuables lost, stolen or in any way damaged at the Facility.
- If staging an event at the Facility, the Lessee shall obtain general liability insurance of no less than two million dollars ($2,000,000) and property insurance of no less than ten thousand dollars, and both the Lessor and the Halifax Regional Municipality, plus their officers, members, agents, services contractors, concessionaires, and employees shall be named as Additional Insureds. The Lessee must provide the Lessor with a Certificate of Insurance evidencing that the insurance is in full force and effect no later than fourteen (14) days prior to the opening day of the event.
- The Lessor reserves the exclusive right to determine whether a Lessee is subject to the insurance requirement in clause 13.
Concessions, Alcohol and Lotteries
- The Lessor and its agents have exclusive rights to sell and/or provide all food and beverages at the Facility.There shall be no sale, sample, or gift of food or beverages at the Facility without the written permission of the Lessor.
- The Lessee agrees that any catering required at the Facility shall be provided by Celtic Corner Café.
- The Lessee is prohibited from having any alcoholic beverages in the Facility except as provided by the Lessor.
- Smoking at the Facility is strictly prohibited.
- The Lessee is responsible for obtaining, and presenting to the Lessor prior to the rental period, a lotterylicence issued by the Nova Scotia Alcohol and Gaming Authority for any 50/50 draws, raffles, silent auctions orother fundraising activity.
Policing
20. The Lessee shall be financially responsible for sufficient policing to maintain order and security within the Facility during the rental period. If the Lessee requires security services, the Lessee shall pay all associated costs of those services as arranged by the Lessor. The number of personnel required to sufficiently police the Facility shall be a final and binding decision of the Lessor.
Appropriate Behaviour
- The Lessee is legally and financially responsible for any and all damage to the Facility and/or equipment during the rental period and will be billed the amount required to repair that damage, as determined by the Lessor.
- Upon taking possession of the room, the Lessee is responsible for immediately notifying the Lessor if the room and/or equipment is damaged in any way, or is not in a suitable condition for the Lessee’s purposes. If damage caused by a previous Lessee is not reported, the Lessee will be liable for all costs of repairing the damage.
- The Lessor reserves the right to evict, from the Facility, anyone who is seen as not acting in the best interest of the Facility or who displays inappropriate behaviour.
- The Lessee is responsible to ensure that garbage, waste, or recyclables are placed in the appropriate receptacles. Failure to keep the Facility in order during the rental period may result in extra costs to the Lessee to reimburse the Lessor for additional cleaning.
By-Laws and Legislation
- The Lessee understands the legislative requirements of the activities being conducted at the Facility and is responsible for ensuring that these activities, and the participants in them, comply with the requirements of any applicable federal or provincial legislation or municipal by-laws.
- During the rental period, the Lessee is solely responsible for enforcing its own disciplinary, and any other, policies as required by its respective governing body.
- The Lessee agrees to ensure that all their employees, volunteers, organizers, contractors and anyone else working within the Facility in conjunction with the Lessee’s rental of the Facility comply with the Lessor’s Occupational Health and Safety Policy.
Penalties
28. Penalties for violating any of these General Terms and Conditions include, but are not limited to, possible eviction from the Facility, cancellation of current and future rentals, and/or ban from the Facility.
Appendix “A”
- The Lessee agrees that the rules and regulations attached as Appendix “A” to this agreement form a valid and binding part of the agreement and violations of those rules and regulations may result in the penalties outlined above.
Extra Costs (see Appendix “B” for a detailed cost schedule)
- The Lessee is responsible for extra costs related to their facility rental including, but not limited to:
- A bar charge applied in addition to the cost of the rental if the bar sales are below a certain amount taxes.
- Any overtime required arising from, or incidental to, ice rental.
- Any additional cleaning or repair costs related to a breach of clauses 21-24.
- Extra equipment, not covered by this rental agreement, including but not limited to LCD projector, laptop computer, flipcharts, extra electrical requirements such as extension rods or power panels, table linens, and additional tables.
- “Day of” changes to the set up such as more tables, chairs, requirement to re-set the room to a different layout than was agreed to when the Facility was booked.
- Applicable SOCAN and RESOUND costs.
- Forklift & Operator for stage construction.
- Electrical connect and disconnect.
- Security as required under clause 20.
General
- The Lessor uses a cloud based server to store our client data.Financial information is not stored, kept or recorded on this server.
- This rental agreement is made for the exclusive benefit of the Lessee and the rights or privileges associated with the rental of the Facility pursuant to this agreement cannot be transferred, assigned, or subleased to any other party.
- This Agreement will be governed by the laws of the province of Nova Scotia.
Dartmouth Sportsplex Community Association Apendix A - Ice Rental Agreement
- Children 12 and under are required to wear a CSA approved helmet when on the ice.
- Ice rental fees are based on ice rental alone.Should the lessee require any additional equipment or music for a special event, a skate guard will be required to work the event at a cost of $22.00/per hour + HST.
- One (1) hour of ice time constitutes fifty (50) minutes of actual ice time.The remaining ten (10) minutes is for ice preparation.When the ice surface is to be conditioned by the Sportsplex staff, all players will immediately leave the ice surface and remain off the ice until the machine has left the ice surface.
- The Lessee understands that the ice is only available to them during the time listed on the contract.
- The lessee understands that there may be additional charges should overtime be required.
- The Lessee must provide their own padlock(s) for dressing room(s) used.The Lessor will not be responsible for articles or valuables lost, stolen or in any way damaged on the premises.In the best interest of security, the Dartmouth Sportsplex recommends that the Lessee keep rooms locked any time the room is unoccupied.Players must vacate dressing rooms thirty (30) minutes following the end of the ice rental.
- The Lessee is responsible to ensure that garbage, waste or recyclables are placed in the appropriate receptacles provided. Should the Lessee and/or their participants choose not to do so, additional charges will be applied to the rental to cover the costs of additional cleaning.
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Cancellation Policy
The Lessee agrees to inform the Lessor about any cancellations. If the booking is cancelled with a minimum of thirty (30) days notice, 100% of the rental fee will be waived. If the rental is cancelled with a minimum of fourteen (14) days notice, 50% rental fee is due to the Lessor. If the rental is cancelled with less than fourteen (14) days notice, 100% of the rental fee is due to the Lessor. The Lessor reserves the right to pre-empt the use of the above space provided notice of such intention is made seven (7) days in advance.
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