(hereinafter called the “Licensee”) permission to use the facilities as outlined specifically in the attached separate document and shall be subject to the Terms and Conditions of this Agreement contained herein and attached.
This Agreement shall not be transferable or saleable in whole or in part, and no changes shall be made without the authorization of the Licensor. Facility closure resulting from inclement weather or mechanical failure causing cancellations will be exempted from this policy.
The Licensee shall be responsible for bodily injury and property damage resulting from the Licensee’s negligence. The Licensee agrees to indemnify and save harmless the Owner and the Licensor for all losses, costs, claims, damages, liabilities, expenses, or injuries caused or contributed to by the Licensee’s negligence.
The Licensee must take out and maintain during the Term a policy of general liability insurance with a minimum amount of $2,000,000.00 per occurrence, in respect of personal injury, bodily injury or property damage arising from or connected with the Licensee’s use of the Premises. Martensville Recreation Centre, Nustadia Recreation Inc. and the Owner City of Martensville must be named as additional insured to such policy of insurance. The Licensee shall provide Martensville Recreation Centre Management with a certificate of insurance or other proof of insurance that is satisfactory to the Owner and the Licensor, prior to making use of the Premises.
All policies of insurance taken out by the Licensee shall contain a waiver of subrogation clause in favor of the Owner and the Licensor and shall also contain a clause requiring the insurer not to cancel or change the insurance without giving the Licensor and the Owner thirty (30) days prior written notice.
It shall be the responsibility of the Licensee to determine what additional insurance coverage, if any, including but not limited to Worker’s Compensation and Participants Insurance, are necessary and advisable for its own protection and/or to fulfill its obligations under this License. Any such additional insurance shall be maintained and provided at the sole expense of the Licensee.
If the Licensee fails to provide or maintain in force the insurance required by this Agreement, the Licensor may take out the necessary insurance and pay the premium and the Licensee shall pay to the Licensor the amount of the premium immediately on demand.
The Licensee will be responsible to insure its own equipment and other personal property.
The policy will not contain a “participant’s exclusion”. The policy will be written on an “occurrence basis”.
Unless otherwise agreed upon, 25% of the booking fee shall be paid upon execution of this Agreement by the Licensee; the balance of the fee shall be paid in full no later than seven (7) days prior to the event start date and can be paid Cheque, Credit, Debit, Cash or E-Transfer to: payments@themrc.ca
Cheques can be made payable to Nustadia Recreation Inc.
1. To ensure quick turnaround time, user groups are asked to vacate the ice/field/booked facility by the booking end time to avoid any schedule delays. User groups may only enter the booked facility after the booking start time.
2. The Licensee shall ensure that all participants wear the appropriate protective equipment as required by the activity, and that all equipment and supplies utilized in connection with the activity(s) shall be in a safe and usable condition and shall not be such as to present a hazard to the user or other participants.
3. It is recommended that the Licensor be equipped with proper first aid supplies and have a person trained in First Aid, AED and CPR in attendance during the use of the Facility.
4. The Licensor reserves the right to curfew any games, including tournament games, to maintain the schedule submitted.
5. Unless otherwise agreed upon, dressing rooms are available 30 minutes prior to the commencement of the ice/field time. It is also the responsibility of the Licensee to ensure all dressing room doors are locked while utilizing the arena/field house. The Owner and the Licensor are not responsible for any lost or stolen goods, including money, whether taken from the dressing room or elsewhere in the Facility. All articles in the Facility are left at the risk of the Licensee. Dressing rooms must be vacated within 30 minutes of the end of the rental period. Dressing rooms must be left clean and tidy with trash deposited in receptacles provided. Any dressing rooms left in an unsatisfactory state will result in an extra charge for cleaning of $100.
6. Minor groups (under 18) must always be accompanied by an adult supervisor.
7. The Owner and the Licensor shall not be held responsible for any failure in supplying ice/turf/event surfaces due to circumstances beyond its control. Cancellations due to extreme weather conditions will not be charged to the user group.
8. The Licensee must submit notice of cancellation of rental time(s) to the Licensor by email to info@themrc.ca at least 30 days in advance of the rental. Cancellations will only be accepted from the users designated contact person as listed on this Agreement. Bookings can be cancelled without penalty if done so 30 days in advance and approved by the General Manager. Bookings cancelled after the cancellation date will be charged at full rate for the booked regardless of whether the space is booked out to another user group. Rental times made available through cancellations will be booked to any user group on a first come, first served basis.
9. User groups are prohibited from “selling” ice time to other users. Subletting is not permitted by any facility user.
10. Consumption of all tobacco and smoking related products of which includes electronic smoking products is prohibited in Martensville Recreation Centre and within 10 meters of the building and all ventilation air intake or other outdoor areas where posted.
11. The Licensee is responsible for the conduct of its participants and spectators and any damages or excessive cleaning arising out of the Licensee’s use of the Facility will be the sole responsibility of the Licensee and will be charged back to the Licensee.
12. Cleaning of the facility will be supplied by Nustadia Recreation Inc. Every attempt will be made to keep the facility in a clean condition during the event keeping in mind a large attendance and closing time of the event may affect this. The Licensor reserves the right to charge back the Licensee for excessive cleaning required as a result of the event.
13. No user shall fail to comply with the directions of Martensville Recreation Centre Management acting in performance of their duties, or fail to comply with published facility policies, rules or regulations.
14. Unless authorized by the Licensor and only in the licensed authorized areas - BEVERAGES CONTAINING ALCOHOL not purchased in the Facility are not allowed in the Facility. Any breach of this regulation shall lead to an immediate eviction from the Facility, and possible cancellation of this Agreement without refund.
15. The Licensee shall be responsible for making its members, users, and participants aware of these terms and conditions and for making a copy of the terms and conditions available for inspection by its members, users and participants, if requested.
16. All rental equipment for production of the event will be supplied by facility for the event (whenever available).
17. No outside food or drink is allowed in the facility. Participants will be asked to leave the facility if found not complying with this regulation. Catering is done by on site catering services unless otherwise agreed upon with Licensor.
I agree to be bound by the terms and conditions of this contract and the policies of Martensville Recreation Centre.
