Arena Rental Agreement - Town of Devon

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ARENA RENTAL 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
rentals, changes or cancellations on behalf of the organization / lessee.
Organization / Team Name
Organization / Team Rate Category
Signing Authority
Name
Address
Email
Phone
Scheduling Contact
Name
Address
Email
Phone
Requested Schedule of Use
Requested Times
Total Hours*
2015
2015
*Totals provided are estimated based on the dates and times in this contract and will be
charged in accordance to the applicable rate class and team category.
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Town of Devon - Dale Fisher Arena
Rental Agreement Terms and Conditions
Scheduled Rates
ARENA RATES – ICE (Early September to end of March)
Prime time ice: 6-10pm weekdays and 8am – 10pm weekends
Rate Class
 Prime
 Non-prime (70% of
prime rate)
2012 -2013 Season
2013 – 2014 Season
Adult Rate
$162 / hour
$170 / hour
$113 / hour
$119 / hour
2014-2015 Season
$175 / hour
$123 / hour
Youth Rate
 Prime (55% of Adult
Prime)
 Non-prime (55% of
Adult non-prime)
$89 / hour
$93 / hour
$96 / hour
$62 / hour
$65 / hour
$68 / hour
2014 Season
$72 / hour
$40 / hour
$721
2015 Season
$ 74 / hour
$ 43 / hour
$742
ARENA RATES – NON-ICE ARENA USE
Rate Class
Adult
Youth
Rink Full Day Rate
(discount of 20% on
hourly rental based on
an 8 hour booking)70
2013 Season
$70 / hour
$38.50 / hour
$700
Definitions
“Arena” means the Town of Devon Dale Fisher Arena.
“Lessee” means the individual, organization, or corporation entering into a Rental Agreement with the
Town.
“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 rental or have a
confirmed rental with the Town. Users are of two kinds
 “Casual User(s)” means those individuals, organization, or corporation that have less than one
rental a week with the Town.
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
“Regular User(s)” means those individuals, organization, or corporations that have a set number
of rentals with the Town on an ongoing basis.
“Security Deposit” means a deposit given to the Town by regular users to secure their requested rental
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 Arena by the Lessee.
Rental Process and Procedures
General
1. All ice rentals will include a minimum of ten (10) minutes for ice resurfacing. All rentals are based on
a minimum one (1) hour rental. Fees are based on a set hourly rate or portion thereof.
2. All details pertaining to ice rentals are to be between the Town and the Lessee, or individual
designated to make rentals on behalf of the Lessee.
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 rentals.
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 rental rate.
Casual Users
6. A rental for a Casual User is not considered confirmed until the rental agreement is signed and
returned, and the full payment of the rental has been made, including any security deposit.
Regular Users
7. A rental for a Regular User is not considered confirmed until the rental agreement is signed.
8. Regular Users will be invoiced for their rentals at the end of each month.
9. To the extent possible the blocking book schedule will follow the attached Town of Devon 2014 –
2015 Ice Schedule (Appendix “A”).
Cancellation of Rental
10. With prior written consent of the Town, a Regular User that has entered into an Agreement with the
Town, may subcontract their ice time to another User so long as:
a. The other User has entered into an Agreement with the Town; and,
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b. The User is paying the rental fee required for their rate class;
11. The Town shall give consideration to the impact of cancelling a Lessee’s confirmed rental, but
reserves the right to cancel such rental 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 Arena;
c. Special events that in the sole discretion of the Town present a valuable opportunity for the
Community;
d. Play-offs; and
e. Figure Skating Shows.
General Conditions
12. Town employees shall, at all times, be in charge of the facility and the Lessee shall ensure that the
instructions of that Town employee are followed.
13. With the potential hazard during the Ice Resurfacing operation, the Lessee acknowledges and will
ensure that under no circumstances is anyone to be on the ice during ice resurfacing. All doors to ice
surface will be kept closed until all re-surfacing work has been completed.
14. The Town is not responsible for any lost or stolen articles occurring during the use by the Lessee of
the facilities.
15. The Lessee shall ensure it is up to date with and will comply with any other regulations of the Town,
Provincial or Federal Government applicable to the use of the Facility by the Lessee pursuant to this
agreement.
16. The Town reserves the right to evict, remove or deny any further rentals 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.
17. It is mandatory that Lessees 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 Lessees listed above must provide, at the time of rental, proof of coverage of this
liability insurance in a form satisfactory to the Town.
Indemnification of the Town
18. In signing this Agreement, the Lessee 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 Arena for which the Lessee is
negligent. The Lessee 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 Arena for which the Lessee is negligent, and
shall pay all costs, expenses connected with such claim for litigation.
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Termination of Rental and / or Agreement
19. Rental privileges may at the discretion of the Town be revoked for the following policy infractions:
 Wilful damage to the facility
 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.
20. 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 Lessee 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 Lessee
21. The Lessee further agrees to assume full financial liability for any damage or loss to the facilities,
furniture and equipment when caused by negligent or abusive treatment arising from the Lessee’s
use of the facility.
22. The Lessee warrants, agrees and acknowledges that invoices left outstanding for more than 60 days
may result in the cancellation of all rentals, and no further rentals 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.
23. The Lessee is responsible for ensuring that the rules of conduct for the Arena are followed by all
individuals or groups associated with the Lessee and the Lessee’s rental.
24. The Lessee 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.
25. The Lessee 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
Lessee to provide the required security at their cost. The Town reserves the right to evict any
person(s) who do not comply.
26. The Lessee agrees and acknowledges that an additional fee, based on the current hourly rate for the
Arena, may be charged for rentals that exceed their allocated time as outlined in this Agreement.
This additional fee will be automatically added to the Lessee’s invoice.
27. The Lessee agrees to vacate the dressing room within one (1) hour of the end of the rental. Failure
to comply may result in an additional fee, based on the current hourly rate for the Arena. The
additional fee will be automatically added to the Lessee’s invoice.
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Dressing Room Conduct
28. Lessee’s will ensure that the rules and regulations pertaining to the use of dressing rooms. Rules and
regulations of dressing room use are located inside the dressing rooms and are attached as
Appendix “B”.
Facility Cleanliness
29. The Lessee is responsible for the clean-up and removal of any and all bodily fluids / excretions from
any room / bathroom / walkway in or around the building that arise from the Lessee’s rental of the
Facility. Ensure that toilets are all flushed at the end of the event. There is no exception.
30. The Lessee must ensure that all garbage and supplies / decorations etc. is / are properly placed in
provided receptacles.
31. Refrain from spitting or placing other bodily fluids on floor surfaces or in player box areas.
32. All chattels, furniture or fixtures of whatever nature or kind brought on to the premises are at the
sole risk of the Lessee.
Responsibilities of the Town
33. The Town will strive to have the facility opened thirty (30) minutes prior to the Lessee’s rental and
will attempt to provide dressing rooms thirty (30) minutes prior to the ice rental.
Payment
Regular Users:
34. Regular Users must pay their invoices within fifteen (15) days of the invoice date.
Casual Users:
35. Casual users are required to pay their rental fee at the time of rental along with a $250 security
deposit.
CANCELLATIONS:
36. A lessee may receive a full refund for rentals cancelled ten (10) days prior to the rental. In the event
the Lessee must cancel the rental, the Lessee must provide notice to the Town by email to
arenabooking@devon.ca.
Specific Cancellation Refund Details
 Cancel ten (10) days or greater = 100% refund
 Cancel ten (10) days or less = 0% refund unless booked time can be leased to another Lessee
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37. The Town reserves the right to cancel a rental at its sole discretion. In the unlikely event the Town is
required to cancel a confirmed rental:
a. The Town will endeavour to provide the Lessee with forty-eight (48) hours’ notice;
b. Refund all fees paid by the Lessee.
38. If the Town for any reason cancels this Agreement, the Lessee 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.
BREACH OF AGREEMENT:
39. At the option of the Town if the Lessee breaches any term of this permit, the Town may cancel the
Agreement of the Lessee but the Lessee 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 Lessee, 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 Arena 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 Lessee, have read and fully understand the terms and
conditions of the Arena Rental Agreement and accept responsibility for all fees that become due and
payable to the Town for rental(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
rental(s).
Name, Town of Devon
Name, Organization
Signature
Signature
Date
Date
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Appendix “B”
Town of Devon - Dale Fisher Arena
Rules and Regulations for Dressing Room Use
1. The following activities inside dressing room are prohibited: playing hockey, stick ball, throwing tape
or tape balls, use of pucks, spitting, locker boxing and or any other physical activity that would be
judged as horse play.
2. The Town of Devon discourages the use of any video equipment such us Camcorders, Digital
Cameras and or Cell phones in the dressing room.
3. Players must remain in dressing room at all times prior to activities accompanied by a Coach or
authorized adult. The Town of Devon does not encourage any off ice calisthenics inside the facility
as this distracts other user groups.
4. Please treat the room as if it were your own, the way you found it will be the way you leave it. The
last one out must make sure room is clean and inspected by both a Coach and Facility Operator.
5. If you require the use of an extension cord please locate Facility Operator and they will assist you,
we ask that the music be kept at a tolerable level.
6. All users and players will remain off of the ice until the Zamboni has completed the ice and gates are
closed, failure to do so will result in disciplinary actions. Operators have been instructed to leave the
ice surface regardless of condition should users or players fail to do so.
7. All teams and or users have a maximum of 45 minutes to vacate dressing room.
8. Please make sure the showers and sinks are off before leaving room.
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