SPORTS FIELD USER AGREEMENT
Contact Details
Please provide below information pertaining to the individual authorized to enter into an Agreement with the
Town. For organizations, please include the contact information of the individual authorized to make ongoing
bookings, changes or cancellations on behalf of the organization / User.
Organization Name: ______________________________________________
Signing Authority
Name
Address
Email
Phone
Booking Authority
Name
Address
Email
Phone
Dates 2015
Rate / No.
of Teams
Diamonds / Fields
Require
Times Required
See attached schedule
2015 Total $
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Town of Devon – Sport Field
Rental Agreement Terms and Conditions
Definitions
“Sports Fields” means the soccer fields and ball diamonds within the Town of Devon municipal
boundaries.
“Town of Devon” or “Town” means the Town of Devon as represented by the Chief Administrative
Officer or designate.”
“User(s)” means an individual, organization, or corporation that has requested a booking or have a
confirmed booking with the Town.
“Security Deposit” means a deposit given to the Town by regular users to secure their requested
booking schedule, as well as to serve as a damage deposit in the event that the Town experiences any
loss due to the use of the Sport Field by the User.
Booking Process and Procedures
General
1. All bookings for sports fields owned by the Town, must be booked through the Town. Sports fields
owned by the School Division(s) must be booked through the respective School Division.
2. All details pertaining to bookings are to be between the Town and the individual designated to make
bookings on behalf of the User.
3. This Agreement shall not be transferable without the prior written consent of the Town, and any
assignment thereof without the prior written consent of the Town may result, at the sole discretion
of the Town, in the termination of this Agreement and all related bookings.
4. The Town reserves the right to collect any and all fees upfront for all Users.
5. The Town may require proof of non-profit / not-for-profit status for organizations requesting the
non-profit / not-for-profit rate. Should proof not be provided, the Town reserves the right at its sole
discretion to charge the regular booking rate.
Users
6. A booking for a User is not considered confirmed until the rental agreement is signed and returned,
and security deposit of $250 is provided to the Town.
7. Users will be invoiced for their bookings by July 15th, 2014.
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Cancellation of Booking
8. With prior written consent of the Town, a User that has entered into an
Agreement with the Town, may subcontract their scheduled time to another User so long as:
a. The other User has entered into an Agreement with the Town; and,
b. The User is paying the booking fee required for their rate class;
9. The Town shall give consideration to the impact of cancelling a Users confirmed booking, but
reserves the right to cancel such booking for the following purposes:
a. A Town sponsored event;
b. An exceptional event that in the discretion of the Town may compromise the well-being of
Town staff or users of the Sport Field;
c. Special events that in the sole discretion of the Town present a valuable opportunity for the
Community;
d. Play-offs.
General Conditions
10. Town employees shall, at all times, be in charge of the Town owned Sports Fields and the User shall
ensure that the instructions of that Town employee are followed.
11. The Town is not responsible for any lost or stolen articles occurring during the use by the Sports
Fields.
12. The User shall ensure it is in compliance with any other regulations of the Town, Provincial or
Federal Government applicable to the use of the Sports Fields by the User pursuant to this
Agreement.
13. The Town reserves the right to evict, remove or deny any further bookings or admissions to persons
or groups deemed to be misbehaving, causing nuisance, wilful damage or ignoring / failing to comply
with the requirements of this Agreement.
14. It is mandatory that User purchase and maintain in effect during the term of this Agreement,
personal liability insurance in the amount of $2 million naming the Town of Devon as an additional
insured. The User listed above must provide, at the time of booking, proof of coverage of this
liability insurance in a form satisfactory to the Town.
Indemnification of the Town
15. In signing this Agreement, the User hereby releases the Town from any and all claims for damages
or losses of any kind relating to or arising from the use of the Sport Field for which the User is
negligent. The User further agrees to protect, hold harmless and indemnify the Town and all its
Council Members, employees, servants and agents against all losses, damages, claims, demands and
actions arising directly or indirectly with the use of the Sports Fields for which the User is negligent,
and shall pay all costs, expenses connected with such claim for litigation.
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Termination of Booking and / or Agreement
16. Booking privileges may at the discretion of the Town be revoked for the
following policy infractions:
 Wilful damage to the Sports Fields or other Town property;
 Illegal alcohol consumption/alcohol consumption in unauthorized areas;
 Abuse of staff
 Use of drugs in the facility;
 Failure to manage or control spectators;
 Any other behavior considered by the Town to constitute a public nuisance or a danger or threat
to public safety.
17. The Town reserves the right to terminate this Agreement without notice in the case of an
emergency or circumstances beyond the control of the Town. If the Town for any reason cancels this
Agreement, the User has no claim or rights to any damages or reimbursement except for refund of
fees where the Town concludes at its sole discretion to do so.
Responsibilities of Users
18. The User further agrees to assume full financial liability for any damage or loss to the Sports Fields,
furniture and equipment when caused by negligent or abusive treatment arising from the Users use
of the facility.
19. The User warrants, agrees and acknowledges that invoices left outstanding for more than 60 days
may result in the cancellation of all bookings, and no further bookings will be allowed until all
outstanding accounts are paid in full. At its discretion that Town may charge an additional fee for
any “not sufficient funds” cheques.
20. The User is responsible for ensuring that the rules of conduct for the Sports Fields are followed by all
individuals or groups associated with the User and the User’s booking.
21. The User acknowledges that failure to comply with any of the requirements of this Agreement or
deadlines listed in this Agreement or will result in the cancellation of this Agreement.
22. The User agrees and acknowledges that they shall be responsible for spectators attending their
event, including admission, conduct and control. The level of security and supervision of spectator
control deemed necessary shall be determined by the Town and it will then be mandatory for the
User to provide the required security at their cost. The Town reserves the right to evict any
person(s) who do not comply.
Facility Cleanliness
23. The User must ensure that all garbage and supplies / decorations etc. is / are properly placed in
provided receptacles.
24. All chattels, furniture or fixtures of whatever nature or kind brought on to the premises are at the
sole risk of the User.
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Responsibilities of the Town
Soccer Fields
 Maintain grass to playing field standards of two inches
 Provide weed control
 Supply materials for washroom and garbage bins
Ball Diamonds
 Maintain grass to playing field standards of two inches
 Provide weed control
 Supply base and home plates, pitcher’s mound
 Supply materials for washroom and garbage bins
 Materials for lining fields
 Collect garbage and ensure basic cleanliness of washrooms
 Provide keys to shed and washrooms
 Inspect diamonds
 Drag diamonds 3 x week during season (work week, weather permitting)
 Provide rakes and shovels
Responsibilities of the User
Soccer Fields
 Lay out lines
 Maintain basic washroom cleanliness (keep in a useable state)
Baseball Diamonds
 Lay out lines
 Maintain responsibility for the base and home plates, pitcher’s mound
 Maintain basic washroom cleanliness (keep in a useable state)
 Please note, the Town will provide the materials and access. The Town drags the diamond
Payment
Users:
25. Users must pay their invoices within twenty-one (21) days of the invoice date.
CANCELLATIONS:
26. The Town reserves the right to cancel a booking at its sole discretion. In the unlikely event the Town
is required to cancel a confirmed booking:
a. The Town will endeavour to provide the User with forty-eight (48) hours’ notice;
b. Refund all fees paid by the User for that specific booking.
27. If the Town for any reason cancels this Agreement, the User has no claim or rights to any damages
or reimbursement except for refund of fees where the Town concludes at its sole discretion to do
so.
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BREACH OF AGREEMENT:
28. At the option of the Town if the User breaches any term of this permit, the Town may cancel the
Agreement of the User but the User shall still continue to be responsible for any outstanding
obligations imposed on him/her by this Agreement.
WAIVER AND ASSUMPTION OF RISKS:
By signing this Agreement, or if required placing a deposit, you the User, hereby releases the Town, its
agents, officials, directors, employees, volunteers, contractors, servants, or representatives from all
responsibility for any death, injury, loss or damage of any kind suffered while leasing the Sport Field or
utilizing any Town equipment unless such injury, loss or damage is the result of negligence by the Town.
Signing
I, as an individual or representative of the User, have read and fully understand the terms and
conditions of the Sport Field Rental Agreement and accept responsibility for all fees that become due
and payable to the Town for booking(s). I understand that this contract becomes binding either by
virtual signature upon payment of the deposit or by returning this signed Agreement to the Town and
that failure to comply with this Agreement may result in Termination of the Agreement and Cancellation
of booking(s).
Name, Town of Devon
Name, Organization
Signature
Signature
Date
Date
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