Terms and Conditions

Licensee Responsible: The Licensee is responsible for the conduct and supervision the persons using the Facility for the duration of the term of this Permit and shall ensure that the Terms and Conditions and any rules and policies specific to the Facility are followed. The Licensee must return the Facility in the same condition as prior to the event. This also includes disposing of litter and debris, returning picnic tables, equipment etc. For a complete listing of all facility policies please visit leamington.ca/recreation or request a copy from the Department of Recreation. Failure to comply with these Terms and Conditions may result in termination of this Permit, loss of deposit, charges for damages and or loss of future rental opportunities.

COVID-19: In connection with the communicable disease COVID-19 coronavirus disease, the Licensee shall conduct its operations within the Facility:

a) in compliance with any regulation or order issued pursuant to the Emergency Management and Civil Protection Act;

b) in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting; and

c) to enable persons using the Facility, to the fullest extent possible, to maintain a physical distance of at least two (2) metres from other persons unless those persons have arrived at the Facility together.

Release and Indemnity: The Licensee releases and discharges The Corporation of the Municipality of Leamington, its elected or appointed officials, servants, agents and employees from all claims, demands, losses, costs, charges, actions, causes of action or liabilities in respect of any personal injury or death, or loss or damage to property which may be sustained during or arise from, directly or indirectly, the use of the Facility that is the subject of this Permit. Further, the Licensee shall at all times indemnify and save harmless The Corporation of the Municipality of Leamington, its elected or appointed officials, servants, agents and employees from and against any and all claims, demands, losses, costs, charges, actions, causes of action, liabilities and other proceedings made or brought against or imposed on the Municipality its elected or appointed officials, servants, agents and employees in respect of any personal injury or death, or loss or damage to property which may be sustained during or arise from, directly or indirectly, the use of the Facility that is the subject of this Permit.

Insurance: Unless otherwise determined by the Municipality, the Licensee shall maintain an insurance policy in the amount of $5,000,000 per occurrence. Such insurance policy shall name the Municipality as an additional insured and be non-cancellable except on prior notice to the Municipality. A certificate of insurance shall be provided to the Department of Recreation prior to the date of commencement of this Permit.

Loss, Damage or Theft: The Municipality is not responsible for any loss or damage or theft of equipment or other items of any Licensee or the persons using the Facility howsoever caused.

Smoke Free: The Municipality smoke-free outdoor space by-law protects the health of the community and it's visitors by prohibiting smoking on Facility property, within 20 metres of playgrounds and sport fields and within 9 metres of entrances and exits of municipal buildings.

Alcohol: The possession and consumption of alcohol is prohibited in all municipal facilities except where permitted by the issuance of a special occasion permit issued under the authority of the Liquor Licence Act. Events with alcohol must adhere to all regulations as outlined by the Alcohol and Gaming Commission of Ontario (ACGO) , are subject to the Municipality's Alcohol Policy, and have additional insurance requirements. The Municipality must receive 60 days notice prior to such event.

Payment: 100% Payment is due at the time of booking, unless a payment plan has been negotiated with The Municipality of Leamington. Where a payment plan has been negotiated, amounts are due and payable by the date on the invoice. Any amount outstanding is subject to a charge for interest, 1.25% per month. Interest will be charged commencing the day after the invoice due date and will accrue until the outstanding balance is paid in full.

Cancellations, Refunds: Full refunds will be issued less an administration fee, if a Permit is canceled at least 2 weeks before the commencement of the Permit. A fee of 50% will be applied if a permit is cancelled within the 2 weeks prior to the commencement of the Permit. No refunds will be issued if a permit is cancelled the day of the commencement of the Permit or to no shows.

No Assignment: This Permit shall not be assigned or transferred by the Licensee.

Authority: I/We represent and warrant that I/we do have the authority to bind the Licensee and agree to be personally responsible for the obligations as set out in this Permit in the event that the Licensee disputes the authorization or is not a legal entity.

Privacy Statement: Personal information is collected under the authority of the Municipal Act 2001 R.S.O. c45, and will be used for the purpose of administering recreational programs for the Department of Recreation of the Municipality. Questions about the collection of this information can be directed to the Manager of Legislative Services/Clerk, Municipality of Leamington, 111 Erie Street North, Leamington, Ontario, N8H 2Z9, Telephone: 519-326-5761

PAYMENT BY CHEQUES MUST BE MADE PAYABLE TO THE MUNICIPALITY OF LEAMINGTON.

HST Vendor # 122434764RT0001.

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