Terms and Conditions - Facility Rental
Terms and Conditions
WHEREAS HHBH is the owner of those lands and buildings located at the HHBH in Calgary, Alberta, including the premises referred to in above permit hereto (the Premises);
AND WHEREAS HHBH is willing to license to the Licensee the right to use and occupy the Premises and HHBH further is willing to provide to the Licensee those other related services, as more particularly described below, upon and subject to the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the parties agree as follows:
1) License and Term
HHBH hereby licenses to Licensee and Licensee hereby licenses from HHBH the right to use and occupy the Premises for the period commencing as of the date above to and including the expiry date set forth in permit during the hours set forth in the permit
The Licensee shall use and occupy the Premises during the Term for the sole purpose set forth in the permit hereto and for no other purpose.
In addition to and in conjunction with the license of the Premises pursuant hereto, HHBH shall provide to the Licensee and the Licensee shall purchase from HHBH the services described in the permit.
From and in consideration of the license of the Premises and the provision of the Services pursuant hereto, Licensee shall pay to HHBH the fees set forth in the permit: hereto (the Fees). Unless otherwise provided in the permit, the Fees shall be payable as follows:
a) by payment in full upon execution of the license agreement, the refund of which is at the discretion of the HHBH Board of Directors.
b) by the payment of Licensee to HHBH upon the date of execution hereof a non-refundable deposit as set forth in the permit hereto, with the balance in full due a minimum of two weeks before first event date;
c) by the payment by Licensee to HHBH of the balance of the Fees in a lump sum to an invoice from HHBH, payable by the Licensee within 30 days of the date of receipt of each invoice. Payments shall be made in the form of a registered cheque. NSF charges will be applied if needed.
5) Early Termination
Licensee may terminate this Agreement upon at least 2-weeks prior written notice to HHBH. Notwithstanding such termination, HHBH shall be entitled to retain the deposit referred to in Section 4. Either party may terminate this Agreement at any time upon written notice in the event of the breach of any of the provisions hereof by the other party, including without limitation, the failure by Licensee to pay any part of the Fees when due. In the event of breach by the Licensee, HHBH shall be entitled to retain the deposit, if any, referred to in Section 4 as partial liquidated damages and not as a penalty.
6) Obligations of Licensee; Indemnity; Non-assignment
During the Term, the Licensee shall:
a) not carry on or permit to be carried on in the Premises any illegal or unlawful activity or any activity that, in HHBH?s opinion, may damage HHBH's public image or reputation or tend to be offensive to public morals or standards;
b) not install or erect any fixtures or improvements in or in any manner alter the Premises or bring on to the Premises any movable, portable or temporary structure, without HHBH's prior written approval and, if HHBH so approves same, any costs incurred by Licensee or HHBH in so installing, erecting, altering or moving shall be borne by Licensee;
c) comply with all rules and policies of HHBH in respect of its facilities and buildings, as amended from time to time, such rules and policies being read as part of this Agreement and outlined in Schedule (A);
d) not bring onto the Premises any hazardous or toxic substances, pollutants, wastes, deleterious materials or substances;
e) maintain the Premises in a broom-swept and clean condition;
f) permit HHBH and its designates to enter the Premises to view the condition and state of repair of same and any such entry shall not constitute a trespass or breach of the covenant of quiet possession set forth in Section 8; and
g) obtain and maintain with reputable insurers in Alberta comprehensive general liability insurance against claims for bodily injury, including death, property damage or loss arising out of the use and occupation of the Premises by Licensee in an amount of not less than $1,000,000 inclusive per occurrence or such other amount as HHBH, acting reasonably, may request; such insurance shall name HHBH as additional insured and protect HHBH?s interest in the Policy notwithstanding any act or omission of Licensee, shall contain provisions for cross liability and serve ability of interests so that HHBH and Licensee may be insured in the same manner and to the same extent, shall be primary and non-contributing with respect to insurance policies carried by HHBH, shall contain a waiver of the insurer's right of subrogation as against HHBH, and shall not be canceled or materially changed except upon 30 day's prior written notice to HHBH.
h) Upon execution hereof, Licensee shall provide an insurance certificate to HHBH.
i) hereby indemnifies and saves harmless HHBH, its directors, officers, employees, agents and contractors collectively, the HHBH Indemnities) from and against any and all actions, claims, demands, liabilities, judgments, costs and expenses whatsoever that the HHBH Indemnities or any of the may incur at any time arising from or as a result of the license, use or occupation of the Premises by Licensee and the obtaining by Licensee of the Services pursuant hereto, save and except and to the extent arising from the negligence or willful default of any HHBH Indemnities. In no event shall any HHBH Indemnities be liable for any consequential or indirect damage, howsoever caused, suffered by Licensee, its affiliates and their respective directors, officers, employees, agents, contractors, invitees, heirs and or legal representatives. This indemnity shall survive the termination of this Agreement;
j) Licensee shall not assign, transfer, sublease, mortgage or dispose of all or any part of Licensee?s interests herein and in the Premises and during the Term shall not part with or share possession of all or any part of the Premises with any third party, except upon the prior written approval of HHBH.
Notwithstanding anything to the contrary contained herein, if at any time HHBH determines, in its sole opinion, that the termination of this license of the Premises and this Agreement is necessary to:
a) facilitate the renovation of the Premises, that requires that the Premises be unoccupied;
b) it shall give to Licensee at least 30 days? prior notice in writing of the termination of this Agreement and shall, upon the date of termination, refund to Licensee the proportionate part of the deposit paid pursuant to Section 5 equal to the proportion of the then unexpired Term in relation to the aggregate Term.
8) Peaceable Occupation
If the Licensee pays the Fees and performs in accordance with its obligations herein, it shall peaceably occupy and possess the Premises by way of license during the Term without interruption by HHBH, except as otherwise expressly set forth herein.
9) Condition of Premises
It is understood and agreed that the Premises shall be licensed by Licensee from HHBH in an "as is" condition and HHBH makes no representations, guarantee or warranties whatsoever as to the condition or fitness for use of the Premises. Upon expiry of the Term or early termination of this Agreement; Licensee shall deliver up and return the Premises to HHBH in the same condition as the commencement of the Term (subject to Section 6 (a) (v), reasonable wear and tear excepted. Damages to the premises will result in the Licensee's deposit being used to cover the costs of repairs. Should the amount be more than the deposit amount, a bill will be sent to the Licensee for payment, that will be payable upon the receipt of our invoice.
Surcharge: The understanding of HHBH and the Licensee will be used for normal gym usage. If spectator activity is anticipated in excess of 25 spectators, a cleaning surcharge will be applied if required at the discretion of the management. The Surcharge will be invoiced to the Licensee at the following rates: sessions less than 2 hours $25, sessions longer than 2 hours a minimum charge of $50 to be increased as needed.
10) Eviction by HHBH
HHBH shall have the right, in its sole discretion, to eject any person from the Premises and from HHBH's property that HHBH considers objectionable or disruptive and further shall have the right, in its sole discretion, to refuse to admit to the Premises and / or HHBH's property any person.
All notices hereunder shall be in writing and hand-delivered or sent by electronic or facsimile transmission to the parties at the addresses set forth in Schedule (A).
12) No Assignment by Licensee
Licensee shall not assign its rights herein.
13) Sole Agreement; Amendments
This agreement constitutes the sole agreement between the parties in respect of the subject matter hereof and supersedes any and all prior agreements or arrangements. Amendments hereto shall be in writing duly executed by the parties.
14) Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Calgary, Alberta, the province of Alberta, and the laws of Canada applicable thereto.
RENTAL RULES & POLICIES AGREEMENT
The Licensee agrees to abide by and uphold the following rules:
- No smoking shall be allowed in the building under any circumstances.
- The Licensee agrees to adhere to the Maximum Hall Capacity Number, as stated on the Occupancy Load Certificate posted in the facilities.
- All functions serving liquor require a Liquor Permit and previous consent of the Association. The Licensee must abide by the Alberta Liquor Control and Licensing Branch regulations concerning the sale of liquor.
- The Licensee is expected to keep in mind that the Facility is in a residential neighborhood and that all volume levels from sound systems will be reduced after 11:00 pm.
- The Licensee is hereby responsible for the conduct of all guests and/or participants and will be liable for any damage or loss caused by said participant(s).
- The Association reserves the right to cancel or alter all rental arrangements at any time with or without cause and no claim may be made against the Association.
- The Licensee must arrive and depart from the rented area within the prescribed rental period, leaving the area in the condition in which it was found, and agrees to use the area in a safe manner. Any misrepresentation on the part of the Licensee will render this permit null and void. Table and chair setup is strictly the responsibility of the Licensee. The Licensee agrees to reserve the facility for sufficient time to allow for setup and takedown of tables/chairs/decorations as required.
- The Licensee agrees to provide sufficient adult supervision to confine participants and spectators to the area indicated in this permit.
- The Licensee acknowledges that the facilities are for the purpose indicated in this permit, and not for personal or private purposes or gain.
- Only approved equipment, including approved balls and sticks may be used in the gymnasium.
- No nails, staples, tacks or any other fastener, which may deface the property, may be used to attach any material. No scotch tape or similar tape may be used. Only masking/painting tape may be used to attach any material.
- Exit door and other safety features must remain functional and unobstructed during the event.
- No wax or other preparations may be used on the floor.
- No confetti or rice may be thrown in or on the premises or grounds.
- The use of or demonstrations using flammable liquids or pyrotechnics is strictly prohibited in the premises.
- All areas of the facility must be cleaned with tables and chairs stacked and generally, the facility must be returned to the same state it was in at the time of taking occupancy.
- All garbage must be placed in plastic garbage bags and removed from the facility to the garbage bin outside the facility, at the end of the event.