FACILITY RENTAL AGREEMENT
(THE “AGREEMENT”)
THIS USE AGREEMENT IS BETWEEN
(OWNER) ALCOMDALE COMMUNITY LEAGUE
BOX 20
ALCOMDALE, AB T0G 0A0
AND
(USER) Person or organization responsible
1. PREAMBLE
1.1 The Owner is the registered owner of the Facility;
1.2 The User is an individual or an incorporated organization within Alberta;
1.3 The User wishes to utilize the Facility or a portion thereof under the terms and conditions contained in this Agreement; and
1.4 This Agreement is contemplated for use by an Owner which is a client of JUBILEE INSURANCE AGENCIES LTD. And a User as described above.
In consideration of the payments set forth herein, and the mutual covenants, conditions and terms contained herein, the parties agree as follows:
2. DEFINTIONS
2.1 Meaning of terms:
(a) “Facility” means the Alcomdale Hall located at 400 Union Avenue or on the lands legally described;
IN ONLY A PORTION OF THE FACILITY IS BEING RENTED OUT, INCLUDE THE FOLLOWING PROVISION RELATING “LICENSE AREA”:
(a) Meeting Room
(b) Kitchen
(c) Entire Hall
Any rental includes use the washrooms.
(d) “Permitted Activities” means
(e) “Term” means the period of time commencing on and, subject to provisions for renewal and earlier termination as set forth herein, ending on ;
“Event” means , (i.e. the use for which the Facility or License Area is being rented)
“Event date” means , 20 (or every day of , 20 ).
3. RIGHTS AND RESPONSIBILITIES OF THE OWNER
3.1 During the Term (or) the Event, the Owner will permit the User to use the Facility (or) License Area for Permitted Activities only.
3.2 The Owner will retain control the Facility (or) License Area. The Owner will not unreasonably interfere with User’s use. The Facility (or) License Area will also be open to use by the User’s agents, servants, employees and invitees, in accordance with the policies of the Owner relating to such use.
3.3 If, in the reasonable opinion of the Owner, the User undertakes or permits any activity within the Facility (or) License Area which is outside of the Permitted Activities, which may be a nuisance or cause damage, or if the User is in default of any terms or conditions of this Agreement, the owner may terminate this Agreement forthwith verbally or in writing and the User will forthwith vacate the Facility (or) License Area.
3.4 If the User fails or neglects to perform any of its obligations under this Agreement, the Owner will have the right, but will not be obligated, to take such action as is reasonably necessary in the sole direction of the Owner to perform such obligations. In such event, the User will be responsible for the payment of all costs incurred by the Owner pursuant to this Section.
4. RIGHTS AND RESPONSIBILITIES OF THE USER
4.1 The User will pay to the Owner the sum of $ , upon the execution of the Agreement by the User or otherwise as follows:
- pick up and return key
- separate damage deposit
4.2 The User agrees to use the Facility (or) License Area only for Permitted Activities during the period identified in Schedule “A”.
4.3 The User will at all times indemnify and save harmless the Owner from and against any and all actions, claims, demands, suits, proceedings, damages, costs (including without restriction legal costs on a solicitor and his own client full indemnity basis) and expenses whatsoever that may be brought, made or incurred by or against the Owner by reason of, arising out of, or in any way related to the use of the Facility (or) License Area by the User, its agents, employees, invitees or contractors except where the action, claim, demand, cost or expense was caused by intentional acts or gross negligence of the Owner.
4.4 The User will not permit any damage to occur to the Facility (or) License Area and will leave the same in substantially the same condition as when the User entered the Facility (or) License Area for use on that day within the Term (or) Event Date, reasonable wear and tear excepted. If damage occurs, the User will be financially responsible to pay for damages.
The User agrees that the insurance policy(ies) referred to in this Section will name the Owner or any person, firm or corporation designated by the Owner as additional named insured as their interest may appear and such policies will contain a waiver of any subrogation rights which the User’s insurers may have against the Owner and a severability of interest clause or a cross liability clause.
4.5 The User will at all times obey all law, by-laws, regulations and policies of the local authority within which the Facility is located as they may exist from time to time.
4.6 The Alcomdale Community League recommends the coverage of PAL (Protection Against Liability/Lawsuits) Insurance (www. PAL.com) for any event (not mandatory).
4.7 The User will obtain all necessary licenses, permits (including, but not limited to permits issued by the Alberta Liquor and Gaming Commission and PAL Insurance) and authorizations necessary to permit the user of the Facility (or) License Area for the Event and shall carry out all activities reasonable necessary to maintain such licenses, permits and authorizations in good standing.
4.8 The User will provide its own security relating to the use of the Facility (or) License Area. The User is responsible to keep participants, entrants or invitees off nearby private property.
4.9 The User will obtain prior written consent from the Owner for any construction or set up required by the User and dismantle such constructed or set up items forthwith upon request from the Owner.
4.10 The User will be responsible for its own set up and take down prior to and after the Event.
4.11 The User will, if requested by the Owner, require its participants, entrants or other invitees to sign releases in a form satisfactory to the Owner, in its sole discretion.
5. OTHER PROVISIONS
5.1 The Owner will not be obligated to provide the Facility (or) License Area for more than the number of people set forth in Schedule “A”. If the Owner elects to provide the Facility (or) License Area for the excess number of people attending the Event, the User will be responsible for all additional costs invoiced by the Owner to the User in relation thereto.
5.2 The Owner will not be liable for any theft, loss or damage of, to or from the persons or property of the User, its agents, employees, servants or invitees, however so caused.
5.3 Should the Owner be rendered incapable of performing its obligations hereunder by reason of any law, order or regulation or for any other reason beyond its reasonable control, the Owner will be relieved from the fulfillment of such obligations and the User will not be entitled to any compensation whatsoever.
5.4 The User has inspected the Facility (or) License Area and has satisfied itself that the Facility is suitable for the Event and that there have been no promises, representations, warranties or undertakings given by the Owner with respect to the Facility (or) License Area except as are expressly set forth herein.
6. GENERAL PROVISIONS
6.1 In addition to the rights and responsibilities set out in this Agreement, the terms and conditions printed in Schedule “A” will also apply to this Agreement.
6.2 Any notice to be given by parties hereto will be accepted by telephone or FAX.
6.3 The terms and conditions set forth in this Agreement constitute all of the terms and conditions of this Agreement, and there are not terms, conditions, covenants, agreements, representations or warranties, either express or implied, arising between the parties hereto except as expressly set forth herein.
6.4 If any provision of this Agreement is illegal or unenforceable it will be considered separate and severable from the remaining provisions, which will remain in force as if the unenforceable provisions has never been included.
6.5 This Agreement will ensure to the benefit of and be binding upon the parties hereto, their respective successors, and permitted assigns.
6.6 Portions of this Agreement may be enforced even if the Agreement has ended.
6.7 The headings in this Agreement have been inserted for reference and convenience only and do not affect interpretation of this Agreement or any part of it.
7. SIGNATURES
IN WITNESS WHEREOF the parties hereto have executed this Agreement this day of , 20 .
AGENT FOR OWNER
Per:
Per:
(User – if a Corporation)
Per:
Per:
SCHEDULE “A” – THE LICENSE AREA
(Drawing or Plan of Facility to be attached with the License area outlined in red ink)
USAGE PERIODS (to be completed by Owner and User)
(Weekend is Friday 12 noon til Sunday night)
(One Weekend night is Saturday noon til Sunday noon
or
(Friday noon til Saturday noon)
TERMS AND CONDITIONS OF USE (cleaning duties)
(to be completed by Owner and User)
SCHEDULE “B” – SUPPLIES AND SERVICES
(to be completed by Owner and User)
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