This EVENT CENTRE FACILITY USE AGREEMENT dated as of the
20
.
day of
,
BETWEEN:
THE UNIVERSITY OF MANITOBA
(hereinafter referred to as the “University”)
- and -
(hereinafter referred to as the “User”)
License to use the Event Centre
1. Schedule “A” attached hereto identifies the facilities in the University Event Centre intended to
be used by the User for the Event (the “Facilities”).
2. The User shall have use of the Facilities at the times set out in Schedule “A”.
3. The User shall use the Facilities only for the purposes described in Schedule “A” (the “Event”).
4. The User shall not use the Facilities in a manner which interferes with the educational, research
and other activities of the University. The Event shall not be of a nature which, in the reasonable
opinion of the University, would bring the reputation of the University into disrepute.
5. Following completion of the Event, the User agrees to immediately restore, at its sole expense,
the Facilities to its condition at the commencement of the Event; normal wear and tear, as
reasonably determined by the University, excepted. The User is responsible for any damage to
the Facilities in the course of the Event, caused by the User or any person who attends on the
Facilities with the express or implied permission of the User. The User will be invoiced for any
damage or clean-up costs incurred by the University following the Event.
6. If the Event will occur outside of normal business hours, the User shall arrange with the Smart
Park Event Liaison (204-474-7818) to collect and return the access key card at 3rd floor, Event
Centre, 100 – One Research Road.
Food & Beverages
7. Food and beverage services required by the User shall be set out at Schedule “B” (“Food and
Beverages”).
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8. Food served and consumed at the Event may be purchased from the University’s food services
provider.
9. The sale and service of all alcoholic beverages may be managed by the University’s food service
provider, or by such food service provider as may be arranged by the User provided that such
food service provider is licensed by the MLCC to serve alcohol at the Event. The User may also
apply to the MLCC for an “occasional permit” to provide complementary alcohol to certain
guests, in which case the User must make such arrangements through the University’s Special
Functions Department at least 15 business days prior to the Event. The University makes no
representation as to whether an “occasional permit” will be available.
10. The User shall be solely responsible for ensuring compliance with The Liquor Control Act and
regulations, and with all requirements of the Manitoba Liquor Control Commission (the
“MLCC”).
Additional Services
11. Any additional services required by the User shall be set out at Schedule “B” (the “Additional
Services”). Additional Services may include any type of service agreed upon by the parties, such
as special parking arrangements, equipment rental, audio/visual assistance, security, physical
plant support, unusually demanding use of services, etc.
12. No special arrangements have been made in regard to parking for the Event, except as noted in
Schedule “B”, and the User shall comply with the University’s parking regulations. There may
be a cost associated with special parking arrangements.
13. The parties acknowledge that the University is bound by the terms of various collective
agreements, requiring union members to perform certain functions on the Facilities. The User
agrees that it will utilize appropriate University employees for Additional Services as required by
these collective agreements, and reimburse the University the actual cost thereof.
14. To the extent that the Additional Services include the rental of equipment, the User agrees, at the
conclusion of the Event, to immediately restore, at its sole expense, the equipment to its
condition at the commencement of the Event; normal wear and tear, as reasonably determined by
the University, excepted. The User is responsible for any damage to the equipment in the course
of the Event, caused by the User or any person who attends on the Facilities with the express or
implied permission of the User. The User will be invoiced for any damage or clean-up costs
incurred by the University following the Event
Payment
15. In consideration of the license and covenants of the University, the User agrees to pay to the
University the Event License Fees set out in Schedule “C” (the “Fees”). Any deposit shall be due
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and payable upon signature of this Agreement. The balance of the Fees shall be invoiced by the
University no earlier than 30 days prior to the commencement of the Event. Payment shall be
due within 10 days of the date of invoice.
16. Payment for Food and Beverages arranged through the University’s food service provider shall
be on such terms as arranged between the User and the University’s food service provider or
Special Functions Department, whichever is applicable. Schedule “C” will indicate if such
amounts are included in the Fees, or to be invoiced separately.
17. Payment for Additional Services shall be on such terms as arranged between the User and the
University or the University’s Special Functions Department, whichever is applicable. Schedule
“C” will indicate if such amounts are included in the Fees, or to be invoiced separately.
18. All amounts listed in Schedule “C” are exclusive of applicable taxes.
19. Where separately invoiced, payment for Food and Beverages or for Additional Services is due 30
days from the date of the invoice.
20. Interest is payable by the User to the University on any overdue amounts at the rate of 12% per
annum.
Liability & Insurance
21. During its use of the Facilities, the User shall take reasonable precautions to ensure the safety and
security of all persons who may enter the Facilities or be otherwise affected by the Event.
22. The User hereby agrees that the University, and its employees, officers, agents, and contractors
shall not be liable for any injury (including death), loss or damage to the person or Facilities of
the User or any employee, officer, member, agent, or contractor of the User, resulting from, or in
any way attributable to the User’s use of the Facilities hereunder, even where such injury, loss or
damage is the result of a negligent act or omission of the University, or its employees, officers,
agents, or contractors. Notwithstanding, the University shall still be liable for any intentional
misconduct on its behalf, or on behalf of its employees and officers.
23. The User shall at all times indemnify, save and hold harmless the University, its employees,
officers, agents, and contractors from every claim, demand, cost, expense, injury (including
death), loss, or damage in any manner based upon, arising during, occasioned by, resulting from,
or in any way attributable to the User’s use of the Facilities hereunder.
24. The User shall take out and keep in full force and effect throughout the term of this Agreement,
comprehensive general liability insurance in the amount of $2,000,000.00 against bodily injury
(including death) and Facilities damage on terms and in an amount satisfactory to the University,
as set out on Schedule “A”. Where requested, the University shall be named as an additional
insured on this policy but only with respect to claims arising out of the Event.
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25. Where requested, the User shall deliver to the University a copy of a satisfactory Certificate of
Insurance, at least 15 business days in advance of the commencement of the Event.
Contacts
26. All specific arrangements or approvals required are to be made with the Event Liaison identified
in Schedule “D”, who will act as the coordinator for the University in the implementation of this
Agreement.
27. The User shall provide the name of a User Contact, to be listed on Schedule “D”.
General Terms
28. This Agreement shall be governed by the law of the Province of Manitoba and Canada. Any
dispute hereunder shall be referred to the exclusive jurisdiction of the Court of Queen’s Bench
(Winnipeg Centre).
29. This contract may be terminated before the conclusion of the Event:
a. By the University:
(i)
Without cause, on 90 days notice;
(ii)
Immediately, if the User fails to pay the Fees, or fails to pay the Fees within the
required time;
(iii)
Immediately, if the User breaches section 4,9 or 24 of this Agreement; or
b. By the User:
(i)
Without cause, on 30 days notice;
(ii)
If the University breaches any term of this Agreement, provided that the University is
given at least five days to remedy the breach.
30. If this Agreement is terminated by the User under subsection 29(b)(i), the deposit listed in
Schedule “B” shall be retained by the University as an agreed representation of liquidated
damages, and not as a penalty. All other funds shall be returned by the University.
31. Neither party shall be liable for failure to fulfill obligations under this Agreement, where such
failure results from strikes or work stoppages, legal restrictions, weather, fire, natural
disasters, or any other unavoidable occurrence.
32. Any term of this Agreement which, by its nature, extends beyond expiration or termination
will remain in effect until fulfilled.
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33. This Agreement may not be assigned by the User without the written consent of the University.
No sub-letting of the Facilities is permitted without the written consent of the University.
34. The User will comply with all:
(a) federal, provincial and municipal laws, including all applicable fire codes and capacity
ratings;
(b) reasonable rules or requests of the University with regard to the Event; and
(c) relevant policies, by-laws and regulations of the University, which are available for
review on the University’s website.
IN WITNESS WHEREOF the parties have duly executed this Agreement effective as of the
day and year first above written.
THE UNIVERSITY OF MANITOBA
_________________
Witness
Per:
Director, Property Development and Management
__________________
Witness
Per:
Title:
S:\Legal\Smartpark\2015\Event Centre Facility Use Agreement.doc
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SCHEDULE “A”
The Event, Facilities, and Use
EVENT NAME:
FACILITIES:
The Event Centre
TIME OF USE:
[
] see attached; or
From:
the
day of
,2
at
am/pm
To:
the
day of
,2
at
am/pm.
PURPOSE OF USE:
Estimated number of attendees:
INSURANCE REQUIREMENTS:
Amount of coverage: $ 2,000,000
[
] University as additional insured
[
]
Certificate of Insurance required
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SCHEDULE “B”
Food & Beverages, and Additional Services
FOOD & BEVERAGES
[
] see attached; or
ADDITIONAL SERVICES:
[
] see attached; or
Special parking arrangements:
Equipment Rental:
Audio/visual assistance:
Physical plant support:
Security requirements:
Unusually demanding use of services (electrical, water, communication, etc.):
Other services:
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SCHEDULE “C”
Event Licence Fee
TOTAL LICENCE FEE:
$
Deposit
$
(due on signing)
Balance
$
(due on invoice)
FOOD & BEVERAGES (if applicable)
[
]
Included in licence fee
[
]
To be invoiced separately
ADDITIONAL SERVICES (if applicable)
[
]
Included in licence fee
[
]
To be invoiced separately
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SCHEDULE “D”
Contacts
UNIVERSITY EVENT LIAISON
Event Liaison Name: Lori Kroeger
Mailing Address:
Campus Planning Office
Event Centre - 3rd Floor
100-One Research Road
Winnipeg MB R3T 6E3
Phone:
204-474-7818
Fax:
204-474-7453
Email:
lori.kroeger@umanitoba.ca
UNIVERSITY EMERGENCY/AFTER HOURS CONTACT
Larry Paskaruk
Cell Phone: 204-297-6266
USER CONTACT
User Contact Name:
Mailing Address:
Phone:
Fax:
Email:
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