WHEREAS the Applicant has been provided with a copy of Schedule “A” entitled Rental Outline, and has otherwise reviewed and completed Schedule “A” together with an agent for the Centre, said Schedule now forming part of this General Rental Agreement (the “Agreement”);AND WHEREAS the Centre owns property located at 187 Marsh Street, in Clarksburg, that is available as a rental facility for community groups or individuals that may require a special event facility, said rental facility including a complete kitchen and auditorium (hereinafter referred to collectively as the “Premises”).AND WHEREAS Applicant wishes to rent the Premises, and the Centre agrees to rent the Premises to the Applicant;NOW THEREFORE in consideration of the fees and other terms outlined under Schedule “A” to this Agreement, the Applicant and the Centre agree as follows:

 

1. RIGHTS & RESPONSIBILITIES

1.1. The Applicant shall be responsible for the conduct and supervision of all persons admitted entrance onto the Premises and shall see that all regulations contained in this Agreement are strictly observed. Such persons shall include all commercial suppliers to an event, such as caterers.

1.2. It shall be the responsibility of the Applicant to see that all persons allowed onto the Premises during the period of rental have vacated the Premises promptly at the time specified in this Agreement. An overtime charge will apply if the Applicant or anyone attending the event uses the Centre beyond the time specified in this Agreement.

1.3. All property of the Applicant brought onto the Premises must be removed after the period of rental has ended.

1.4. The Applicant will be responsible for any damage to the Premises and all property or equipment contained therein, and will be charged for same upon discovery by the Centre. The rooms within the Premises must be left in the same condition as found. All garbage shall be placed in the receptacles provided, separating recyclables from waste. Any additional costs for cleaning will be submitted to the Applicant.

1.5. The Applicant agrees that

 No candles, sparklers or other flames will be used,

 No impediments will be placed in the paths of egress to fire exits,

 All hallways will be kept clear,

 No confetti or rice will be used,

 No nails, screws, bolts, or tape will be used on the floor, walls or ceilings,

 There will be no smoking anywhere in the building,

 Music amplification will be respectful of neighbouring residents,

 All fire doors will be closed on leaving the building.

 

1.6. At all times during the period of rental, the Applicant shall ensure that the number of people in each room shall not exceed the maximum capacity of each room according to the fire code.

1.7. The Applicant shall ensure that all minors have adequate adult supervision at all times during the period of rental.

1.8. Leftover consumables shall be disposed of at the discretion of the Centre without notice to the Applicant.

1.9. The Centre must consent to the operator of the Centre’s theatre lights or sound system prior to their use by the Applicant or its agents.

1.10. Set up, take down and janitorial charges are considered in addition to the rental fee.

1.11. A representative of the Centre may order liquor sales stopped and the bar closed at any time during the period of rental in the event Liquor License infractions occur or are observed to be in occurrence by that representative.

1.12. A representative of the Centre may attend any event free of charge for the purpose of ensuring compliance with Centre policy.

1.13. The Applicant shall provide and pay for police or security officers if deemed necessary by the Centre.

1.14. Parking in the area is limited, so arrangements should be made for parking for large groups.

1.15. The Applicant must ensure that all persons present follow all Covid-19 Protocols in effect at the time of the rental. This may include, but not limited to restricting the number of attendees to the allowable limit, observing requirements regarding physical distancing, enforcing the wearing of masks, etc.

1.16 The Marsh will do everything in its power to ensure the room is clear and ready for new renters. However, due to quick turnaround times, the Marsh cannot be responsible for what might have been left on the premises by previous renters. New Renters have the right to move anything that is in their way at their time of rental. Please notify the Marsh if this does occur.

 

2.WARRANTIES

2.1. The Centre warrants that any services provided by the Centre under this Agreement will be performed or fulfilled in a competent and timely manner, and that the equipment as listed under Schedule shall be provided in good working order.

 

3. INSURANCE

3.1. The Applicant shall provide a minimum of $2,000,000 in Third Party Liability insurance coverage. Said insurance, will indemnify the Centre from any damages or legal actions that may be held against the Applicant or the Centre. The Applicant shall provide proof of such insurance to the Centre prior to the commencement of the period of rental.

3.2. It is expressly acknowledged by the Applicant that the Centre will have the right to terminate this Agreement and bar the Applicant and all members of its party from entering onto the Premises in the event that the Applicant fails to fulfill section

3.01 prior the commencement of the rental period.

 

4. INDEMNITY

4.1. The Applicant agrees to indemnify and hold harmless the Centre against any and all claims of every nature and kind, which may arise out of, or by reason of, this Agreement and the rights created herein.

4.2. The Applicant further agrees to save and hold harmless the Centre from any equipment malfunction unless caused by the negligence or careless action and/or omission of the Centre’s staff and/or agents.

4.3. The Centre agrees to indemnify the Applicant against any costs incurred directly as a result of the Centre’s failure to provide any of the services or equipment specified, to a maximum of the value of the contract.

4.4. The Centre will not be responsible for any theft, damage or loss of property, whatsoever, belonging to the Applicant, or to anyone that is allowed access to the Premises during the Applicant’s rental period as set out under Schedule “A”.

 

5. DEPOSIT

5.1. On signing this Agreement, the Applicant shall provide a deposit, as specified under Schedule “A”, payable to the Centre.

5.2. Within thirty (30) days of the end of the period of rental, the Centre shall return the deposit to the Applicant subject to the following deductions:

 Any damages to property, except that caused by normal wear and tear,

 Any out-of-pocket expenses by the Centre of an unusual nature related to the event including but not limited to special food service purchases, office services or supplies, third party rentals of equipment or supplies, office, cleaning or security services, and items of a similar nature.

 

6. TERMINATION

6.1. The Centre reserves the right to cancel this Agreement without notice in the event of a breach of the conditions or regulations, or should the Centre be of the opinion that the facilities are not being used for the purposes contained in this Agreement.

6.2. The Centre further reserves the right to cancel this Agreement in the event of mechanical or electrical breakdowns or other causes that are beyond the Centre’s control, with as much notice being given as reasonably possible.

6.3. The Applicant may cancel a reservation upon written notification at least four (4) weeks in advance of the event. Shorter notice will result in forfeiture of the rental deposit.