USE OF FACILITIES
1. The Town must receive a rental agreement signed by the Licensee before access to the Facilities will be granted.
2. The Licensee shall not use the Facilities for any other purpose except for the activity as described above in the Purpose of Use.
3. The Licensee must ensure that the Licensee’s use of the Facilities complies with all federal, provincial and municipal laws, bylaws, regulations, orders and enactments including, without restriction, maximum occupancy restrictions.
4. The Licensee must comply with all rules and restrictions respecting the use of the Facilities including those posted at the Facilities and those set by the Town from time to time on notice to the Licensee.
5. The Licensee shall not permit chewing tobacco, smoking or vaping in the Facilities except in designated outdoor areas.
6. The Licensee shall ensure that all minors in the Facilities are appropriately supervised by adults at all times.
7. The Licensee is responsible for the conduct of all guests and any other persons involved in the Licensee’s use of the Facilities, and any breach of this Agreement by such persons shall be a breach of this Agreement by the Licensee.
8. The Licensee shall not permit animals in the Facilities except for service dogs with appropriate identification, unless otherwise agreed in advance in writing by the Town.
9. The Town is not responsible for receiving or storing any property of the Licensee in respect of the Licensee’s use of the Facilities. If the Town does agree to store any property of the Licensee, such storage shall be at the Licensee’s sole risk and the Licensee shall indemnify and hold harmless the Town from and against any claims, damages or losses in respect of such property including arising as a result of any negligence or willful misconduct on the part of the Town or any person for whom the Town is responsible at law.
10. The Licensee shall not create or allow an undue nuisance for any other users of Town property or the owners or occupants of surrounding property.
CONDITIONS OF THE FACILITIES
1. The Licensee is accepting the Facilities on an “as-is” basis. The Town makes no representations regarding the condition of the Facilities or their suitability for the Licensee’s permitted use of the Facilities except as expressly set out in this Agreement.
2. The Licensee shall not cause or permit any damage to the Facilities and shall be responsible for any loss or damage incurred to the Facilities or spaces rented as outlined in this rental agreement.
3. The Licensee shall leave the Facilities in substantially the same condition as prior to the Licensee’s use of the Facilities, subject only to reasonable wear and tear.
RISK AND LIABILITY
1. The Licensee agrees and acknowledges that it is fully assuming all risks of personal injury, death, and property damage to the Licensee and to any guest, employee, contractor, volunteer, participant, spectator or other invitee of the Licensee “(Guest”) resulting from the Licensee’s use of the Facilities, including but not limited to death, personal injury or illness, and property damage.
2. The Licensee shall indemnify and hold harmless the Town and the Town’s officers, officials, employees, contractors, volunteers and agents from and against any and all claims, damages, penalties, actions, suits, costs, expenses, fines, and causes of action arising as a result of the Licensee’s use of the Facilities or any negligence, willful misconduct, or breach of this Agreement by the Licensee, a Guest, or any person for whom the Licensee is responsible at law, including legal fees on a solicitor and own client basis.
3. Without restricting the preceding release and indemnity provisions the Licensee hereby agrees that the Town shall in no circumstances be liable for any indirect or consequential damages, and further that any potential liability of the Town or the Town’s officers, officials, employees, contractors, volunteers and agents shall not in any circumstances exceed the amount of the booking fee regardless of any negligence on the part of the Town or the Town’s officers, officials, employees, contractors, volunteers and agents or any person for whom the Town is responsible at law.
4. The Licensee acknowledges that the Town does not provide the Licensee with any insurance coverage in respect of the Licensee’s use of the Facilities, and that the Licensee is responsible for obtaining such insurance coverage as is reasonably required given the nature of the Licensee’s activities. It is recommended that the Licensee carry their own insurance policy. Insurance may be obtained through the Alberta Municipal Services Corporation (AMSC) Facility User Group Insurance Program (https://okotoks.instantriskcoverage.com/login) or through other insurance sources.
5. If the Licensee serves or permits alcohol in the Facilities, the Licensee shall obtain, at the Licensee’s sole expense, liability insurance coverage to the satisfaction of the Town, acting reasonably, which includes the Town as an additional insured and which as a per occurrence limit of not less than five million dollars ($5,000,000.00) and the Licensee shall provide proof of such coverage to the Town prior to the scheduled booking date and at any time during the term of this Agreement on request by the Town.
FOOD AND BEVERAGE
1. If the Licensee wishes to serve or permits alcohol in the Facilities, unless the alcohol is provided by the Town, the Licensee shall be responsible for obtaining all required AGLC and other permits or authorizations. If the Town is identified as the supplier of alcohol for the Licensee’s event as described in the purpose of use, no other person may bring or supply alcohol to the Facilities for this event.
2. If a designated supplier of food or beverages is identified in the Facilities, the Licensee must obtain all food or beverages to be consumed at the Facilities from that supplier unless the Town agrees otherwise in writing in advance.
SPECIAL EVENT DEPOSIT & PAYMENT TERMS
1. All rentals shall be charged according to the current Town of Okotoks Fees, Rates & Charges Bylaw Schedule A.
2. Unless otherwise specified in the Facility Information a non-refundable deposit of a minimum 10% of the facility rental fee is required to secure the facility for the event. The booking of the Facilities is not confirmed and will not be held until receipt of that deposit by the Town. Such events include but are not limited to special events, markets, weddings and tournaments.
3. The remaining balance is due 30 days prior to the booking start date. An outstanding balance may result in denied use or booking privileges.
4. In addition to the rental fee, the Licensee shall pay any other fees or charges imposed by third parties in respect of the Licensee’s use of the Facilities including, without restriction, any charges for food or beverages, any charges of any persons providing services for the event and any AGLC licensing charges.
5. If requested by the Town, the Licensee shall provide the Town with a valid credit card for any charges which may be payable pursuant to this Agreement.
CANCELLATONS
1. If the Licensee cancels the use of the Facilities they must notify the Town in writing of such cancellation at least thirty (30) days prior to the booking start date. Provided such notice is received, if the rental fee has been paid it shall be refunded less the deposit. If the Licensee cancels with less than 30 days’ notice before the booking start date, the rental fee shall not be refunded unless the Facilities are rented to another user during the scheduled booking date and time in which case the Licensee will forfeit their deposit.
2. If the Facilities are unavailable due to mechanical failure, environmental conditions, events of a force majeure nature or other events outside of the Town’s control, the Town may cancel the Licensee’s use of the Facilities by issuing notice in writing to the Licensee. The Town shall provide as much notice as reasonably practicable given the circumstances. In these circumstances the Town shall refund the rental fee and the Town shall not be liable for any other claims, damages or losses resulting from such cancellation.
3. If there are any changes in law after the execution of this Agreement but prior to the scheduled booking, including any public health orders, which don’t necessarily require the cancellation of the Licensee’s intended purpose of use of the facilities but which change the nature or character of that event including by restricting attendees or requiring other steps by attendees, then at the request of the Licensee the Licensee’s use of the Facilities may be cancelled and the Licensee’s rental fee shall be refunded, and the Town shall not be liable for any other claims, damages or losses resulting from such cancellation.
GENERAL TERMS
1. This Agreement constitutes the entire agreement between the parties with respect to the matters set out herein. This Agreement shall not be amended except in writing by both parties.
2. This Agreement shall be interpreted according to the laws of the Province of Alberta, and the parties irrevocably attorn to the jurisdiction of the Courts of the Province of Alberta with respect to any disputes arising in respect of this Agreement.
3. In addition to any other remedies which may be available to the Town in the event of a breach of this Agreement by the Licensee at law or equity, if the Licensee breaches any term of this Agreement the Town may cancel the Licensee’s access to the Facilities and evict the Licensee and the Licensee’s Guests from the Facilities (without compensation) and cancel or refuse future bookings of Town property by the Licensee.
4. The personal information collected pursuant to this Agreement by the Town is collected pursuant to section 33(c) of the Freedom of Information and Protection of Privacy Act and will be used for the purpose of facility booking and rentals by the Town of Okotoks, its agents and its vendors who are also bound by the confines of that legislation. Additional information about the collection of this information may be obtained from the Town’s FOIP Coordinator at 403-938-8944, foip@okotoks.ca, or 5 Elizabeth St., Okotoks, AB.