Alex Fraser Park Society

Facilities Rental Agreement

This AGREEMENT made as of the

BETWEEN: the Alex Fraser Park Society (hereinafter called the Society), operating as authorized agent for the City of Quesnel and the Cariboo Regional District, And:

I/We the Undersigned, as Licensee, hereby apply for the use of the facilities described below (owned jointly byt the City of Quesnel and the Cariboo Regional District and administered by the Alex Fraser Park Society) for the period(s) and the purpose(s) herin described, subject to the terms, covenants, and conditions set forth below and ON THE REVERSE SITE HEREOF (See bottom of page for Terms), ALL OF WHICH ARE INCORPORATED HERIN AS PART OF THE CONTRACT.

Public Liability Insurance $5,000,000.00. Has a copy been supplied for Files?

In the event that the licensee is a corporation, society or other organization, the person signing this agreement on behalf of such corporation, society or organization represents and warrants that he or she has sufficient power, authority and capacity to bind the said corporation, society or organization. If, despite this representation, the person signing the agreement does not have the authority to bind the said corporation, society or organization, such person hereby covenants and agrees to be personally bound to perform all of the terms and conditions of this Agreement including the payment of all monies owing hereunder to the Society.

I hereby acknowledge acceptance of the Conditions outlined in this Agreement Including those listed on the reverse side of this form (See below)

Terms, Covenants & Conditions of the Agreement

The Licensee Will:

1. Be responsible for advising all attendees and will ensure all attendees adhere strictly to all regulations posted and/or included in this agreement.
2. Be responsible for the conduct and safe manner of all persons during the rental period. During public riding adult supervision must be provided for any rider under legal age.
3. Be responsible for leaving premises clean. Failure to do so will result in an additional fee levied for maintenance.
4. Leave promptly at the end of your allotted time.
5. Ensure key, if provided, is deposited in lock-box before leaving.
6. Ensure all doors are properly closed and locked before leaving.
7. Not permit alcoholic beverages on any premises unless a liquor license is in effect.
8. Not permit any other group or organization or individual not named on this permit to use said premises without the authorization of the Society.
9. Be responsible for and report any immediately any damages incurred to:
10. Pre-Inspection of the premises prior to the rental period, and post-inspection after rental period.

Waiver and Indemnity Clause

The Licensee accepts and will use the premises at their own risk and agrees that neither the Alex Fraser Park Society, the City of Quesnel, the Cariboo Regional District nor their respective officers, employees, servants, agents, heirs, successors and assigns have made any warranties for representations respecting the suitability or conditions of the Premises. The Licensee further agrees that it will indemnify and save harmless the Alex Fraser Park Society, City of Quesnel, Cariboo Regional District and its respective officers, employees, servants, agents, heirs, successors and assigns from and against any and all claims whatsoever, including all damages, liabilities, expenses, costs, including legal or other fees incurred in respect of any such claim(s) or action(s) or proceeding(s) brought thereon arising directly or indirectly from or in connection with the granting of this license and use of the premises.

Prior to the use of the premises the Licensee shall obtain and maintain comprehensive general liability insurance if required, (see item #3 overleaf) including, without limitation, coverage for the indemnity provided herein on terms satisfactory to the Society. The Society, City of Quesnel, and the Cariboo Regional District shall be included as named insured.

Such policy shall be written on a comprehensive basis with inclusive limits of not less than $5,000,000.00 per occurrence, including $5,000,000.00 for bodily injury and/or death to any one or more persons including voluntary medical payments and property damage, or such higher limits as the Society may require from time to time. The policy shall contain a clause, providing the insurer will give the Society thirty (30) days prior written notice in the event of cancellation or material change. The Licensee shall provide the Certificate of Insurance in a form satisfactory to the Society ten(10) days prior to the initial use of the premises as herein defined. It is the sole responsibility of the Licensee to determine what additional insurance coverages, if any, including but not limited to Workers Compensation and Participants Insurance, are necessary and advisable for it's own protection and/or to fulfill its obligations under this agreement. Any such additional insurance shall be maintained and provided at the sole expense of the Licensee.

The Licensee acknowledges and agrees that the Society has made no arrangements for safekeeping of any money or other valuable items. The Licensee shall be completely responsible for it's own security and for the safekeeping of money or other valuable items in or about the premises. All equipment, displays, monies, and other goods and chattels of the Licensee brought onto or into the premises shall be the sole responsibility of the Licensee and the Society shall not be liable for any damage to or loss of such equipment, displays, monies and other goods and chattels from any cause whatsoever.

The Licensee understands and agrees that this permit may be reoked or cancelled at any time with or without cause.