Rental Agreement

Facility Rental Agreement (the “Agreement”)

1. USE OF PROPERTY: For the payment by the User of the Fee specified herein, Buckets hereby agrees to permit the User exclusive use of the Facility for the Term. The User shall not have the right to use the Facility outside the Term or at any other time or date other than pursuant to this Agreement or any other written agreement between the User and Buckets.  No possessory rights are granted to the User and in no event shall this Agreement be deemed to be a lease between the Buckets and the User. In permitting the use of the Facility as provided in this Agreement, Buckets does not relinquish the right to enforce all necessary and proper rules and regulations for the efficient and effective operation of the Facility and the safety of its patrons.

2. PAYMENT: The User shall make payment to Buckets of the Fee in full prior to the commencement of the Term and before access and use of the Facility shall be granted. 

3. RULES AND COMPLIANCE WITH LAWS: The User shall abide by and obey all posted rules and regulations of the Facility, including, but not limited to, Bucket’s Code of Conduct (https://www.bucketsbasketball.ca/_files/ugd/9d89f5_99ba5673a28a42419a6109a9275b1620.pdf) and Athlete Protection Guidelines (https://www.bucketsbasketball.ca/athlete-protection-guidelines) as well as all laws of the City of Nisku, the Province of Alberta and the Government of Canada. The User shall comply with all rules and regulations now or hereinafter established by Buckets with respect to use of the Facility, including the policies, rules and regulations associated with this Agreement, as amended from time to time.

 

1. BUCKETS’ RESPONSIBILITIES: Buckets shall be responsible for …. emptying garbage as required; cleaning washrooms as required ….

 

1. USER RESPONSIBILITIES: The User shall have the sole responsibility of managing and supervising all of the events/activities it undertakes at the Facility pursuant to its rights under this Agreement, including but not limited to the hiring of all necessary staff and officials, and for the enforcement of the policies, rules and regulations associated with this Agreement together with those prescribed by any governing or applicable umbrella organizations.

Except as otherwise specifically provided for herein, the User shall be responsible for all of its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, and any other persons, as well as the maintenance and use associated with the activities conducted by the User in the Facility, including but not limited to:

• providing qualified referees;

• ensuring players wear the appropriate sport specific/protective equipment;

• regular pick up of the trash after each use with trash placed in garbage cans provided;

• removal of equipment and personal belongings at the end of each use and returning the Facility back to the general conditions of cleanliness and repair in which it was found;

• reporting incidents/accidents to Buckets in a timely manner; and

• educating attendees about appropriate behavior and any rules that might apply.

 

1. DAMAGES: The User shall be responsible for any damage to the Facility caused by the User, its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons in or at any event or activity hosted/planned/conducted/sponsored by the User while using the Facility.

 

1. WAIVER OF DAMAGES AND ASSUMPTION OF RISK:  Buckets shall not be liable for any personal injury or death arising from any cause whatsoever, or any damage to, or loss of any property brought into/onto the Facility by the User, its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons in or at any event or activity hosted/planned/conducted/sponsored by the User.  The User and its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, and any other persons assume all risks of use of the Facility. 

2. SUPERVISION: The User shall have the sole responsibility for the supervision, control and safety of all persons entering the property or attending a function of the User including, but not limited to, its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons in or at any event or activity hosted/planned/conducted/sponsored by the User while using the Facility.

 

1. INSPECTIONS: The User shall ensure that the Facility are thoroughly inspected, including but not limited to the playing surfaces, prior to use, to ensure safe conditions and to ensure that the Facility is not used until the unsafe condition has been rectified. The User shall immediately report all unsafe conditions not remediable by the User to Buckets. The User shall undertake appropriate interim safety measures until such time as Buckets can respond. The User acknowledges that Buckets has not provided any representation or warranty or other assurance regarding the suitability of the Facility for use by the User.

2. CANCELLATION: The User shall have the sole responsibility for cancelling events/activities and, where applicable, clearing the Facility in the event of dangerous or unsafe condition(s). The User further agrees to ensure that no events/activities will take place when the conduct of same may cause damage or injury to the Facility or the User’s officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons.

3. RIGHT OF ENTRY: A duly authorized representative of Buckets may enter the Facility at any time and on any occasion without restriction, including for the enforcement of any of the applicable policies, rules, laws and regulations. Buckets reserves the right to remove, or have removed, any person(s) due to a violation of any of the said applicable policies, rules, laws and regulations.

 

1. ALCOHOL, SMOKING/VAPING AND CANNABIS: Alcoholic beverages of all types and descriptions are prohibited at the Facility. Smoking, vaping, and the use of cannabis is prohibited in the Facility and may only be used outside at appropriate locations at the required distance from the entrance to the Facility.  Illegal substances in the Facility are always prohibited. The User agrees to enforce this rule with its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, and any other persons in or at any event or activity hosted/planned/conducted/sponsored by the User while using the Facility and to notify law enforcement agencies when violations occur and appropriate action against all involved parties will apply.

2. CONCERNS/COMPLAINTS: All concerns/complaints must be put, in writing, to the attention of Buckets.

 

1. INSURANCE: The User shall, at its/his/her expense, obtain and keep in force during the Term of this Agreement, Commercial General Liability Insurance satisfactory to Buckets, which insurance shall be written by an insurer licensed to conduct business in Alberta and include, but not be limited to, the following:

 

1. A limit of liability not less than $5,000,000.00 per occurrence.

2. Buckets shall be named as an “Additional Insured”.

3. The policy shall contain a provision for cross liability and severability.

4. 30 days prior notice of cancellation of the policy shall be given in writing to Buckets: and

5. A certificate of insurance evidencing the above coverage shall be given to Buckets prior to entry on to the Facility.

Failure to furnish certificates of insurance or notices of lapse on any policy constitutes a material breach and grounds for termination of this Agreement.

 

1. INDEMNIFICATION: The User agrees to save harmless and keep indemnified Buckets, its directors, officers, agents and employees, in connection with all losses, claims, demands, judgments, loss, liabilities, damages, costs, and expenses (including legal fees) in connection with, on account of or arising from (i) any failure by the User to perform its obligations hereunder, or (ii) any accident, injury, death, or damage of or to person or property on or about the Facility or otherwise arising out of or relating to the use of the Facility by the User, or any of its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons. In no event shall Buckets be liable for an accident, injury or damage to person or property in, or about the Facility or otherwise relating to use of the Facility by the User or any of its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons.

2. WAIVERS: Where event/activity waivers are signed by the User, its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons in or at any event or activity hosted/planned/conducted/sponsored by the User, the waivers must include a statement that “the participant agrees to indemnify and save harmless Buckets Basketball Ltd., its directors, officers, agents and employees against any and all actions, causes of action, claims and expenses whatsoever presented by any person attending or participating in the event/activity to which this waiver relates for loss or damages sustained as a result of attending or participating in the said event/activity”.

3. MULTI-USE FACILITY: The User acknowledges that the Facility may be required for use by other users for other authorized activities/events. The User agrees that Buckets shall have full, complete, and absolute authority to establish the schedules for the use and availability of the Facility. The User agrees to comply with any schedules so established and to cooperate in any sharing arrangements so determined by Buckets.

4. ALTERATION OF FACILITIES: The User shall not make or cause to be made any alterations, additions or improvements or erect or cause to be erected any partitions or install or cause to be installed any trade fixtures, exterior signs, floor coverings, interior or exterior lighting, plumbing or electrical modifications or upgrades, window coverings, blinds, awnings, exterior decorations or make any changes to the Facility without first obtaining Bucket’s written approval. Upon termination of this Agreement, all authorized improvements to the Facility shall, without compensation to the User, become the property of Buckets.

5. NO ADVERTISING: The User shall not in any fashion advertise any event or thing in or in relation to the Facility without the prior consent of Buckets.

6. FORCE MAJEURE: In this section, an “Event of Force Majeure” means an event beyond the control of Buckets which prevents it from complying with its obligations under this Agreement. An Event of Force Majeure includes, but is not limited to, pandemic. For greater clarity, the parties hereto agree and acknowledge that (1) Buckets shall have the sole discretion to determine whether an Event of Force Majeure has arisen, and (2) that such a determination may be made by Buckets notwithstanding federal, provincial or municipal directives or orders to the contrary. Should Buckets determine that an Event of Force Majeure has occurred, Buckets shall not be considered to be in breach of this Agreement to the extent the performance of Bucket’s obligations is prevented or inhibited by the Event of Force Majeure. In such a case, Buckets shall give written notice to the other party hereto of an Event of Force Majeure upon same being reasonably foreseeable, or being known, to Buckets. If and to the extent that Buckets is prevented from performance of its obligations pursuant to this Agreement by an Event Of Force Majeure, Buckets shall be relieved of its obligations hereunder and may, but need not, elect to offer the other party hereto an alternative accommodation arrangement or date if Buckets deems same reasonable and safe. In the event that Buckets does not elect to offer the other party hereto an alternative accommodation arrangement or date, Buckets may forthwith cancel this Agreement upon written notice to the other party hereto and, in such a case, this Agreement shall be at an end and neither party shall have any liability or obligation to the other party. The parties acknowledge and agree that in the event of conflict between the terms and provisions of this section and any other section contained in this Agreement, the terms and provisions of this section shall govern and apply.

7. TERMINATION CLAUSE FOR NON-COMPLIANCE: In the event that Buckets determines, in its sole discretion, that the User, its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons attending the User’s event or using the Facility have not complied with the rules and regulations of the Facility or prevailing laws, Buckets may forthwith terminate this Agreement providing the User with written notice of termination and such termination shall be effective forthwith. If this occurs, the undersigned will forfeit all deposit, fees and any other funds payable to Buckets under the Agreement, and Buckets shall have no further liability towards or obligation to accommodate the User, its officers, directors, employees, volunteers, agents or contractors, invitees, spectators, members, participants, invitees, or any other persons.  It is explicitly agreed by the parties hereto that Bucket’s termination right hereunder may be exercised by Buckets without advance written notice to the User, and while the User’s event is being held. In the event of conflict between the terms and provisions of this section and any other section contained in this Agreement, the terms and provisions of this section shall govern and apply.

8. NOTICES AND OTHER COMMUNICATIONS BETWEEN THE PARTIES: All notices or communications pursuant to this Agreement shall be sent to the parties in writing by email at the addresses set out above.

9. SEVERABILITY: If any section or clause of this Agreement is held invalid by a court of competent jurisdiction, or is otherwise invalid under the law, the remainder of the Agreement shall remain in full force and effect.

 

The undersigned has read, and on behalf of the User, agrees to be bound by the Agreement and all applicable policies, procedures, laws, and regulations and hereby warrants and represents that he/she executes this Agreement on behalf of the USER and has sufficient power, authority and capacity to bind the USER with his/her signature.