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. _____ Initials _____ 1|Page 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. _____ _____ 2|Page Initials “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, _____ Initials _____ 3|Page 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. _____ Initials _____ 4|Page 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. _____ Initials _____ 5|Page 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 _____ Initials _____ 6|Page 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 _____ Initials _____ 7|Page 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. _____ Initials _____ 8|Page