By making payment and proceeding with the Facility Rental Contract (the “Contract”) with The Corporation of the City of Sarnia, its subsidiary and affiliated entities (“The City of Sarnia”), I (or the “Licensee”) agrees to the following:
I and all participants will adhere to all provincial, federal, and municipal laws, regulations, and by-laws at all times, including those related to declarations of emergency and/or pandemics/epidemics.
I and all participants will conform and adhere to all rules and regulations as adopted by the Sarnia City Council applying to this Contract, which rules form part of the Contract, including but not limited to the By-Law #206 of 1999 and/or any applicable City of Sarnia Policy and/or By-Law.
The Licensee shall indemnify and save harmless the City, including but not limited to its officers, agents, employees, and volunteers against any and all actions, cause of action, suits, debts, claims, demands, and expenses of any nature and kind whatsoever which may arise, directly or indirectly, out of (a) any breach, violation, or non-performance of the terms and conditions on the part of the Licensee set out in this Contract; (b) any damages to City property occasioned by the use of the Facility by the Licensee or its employees, volunteers, members, participants, guests, and invitees; (c) any injury to, illness of, or death of any person or any damage to property or other losses arising from or resulting from the use of the Facility to hold the event and activities related thereto by the Licensee, including its employees, volunteers, members, participants, guests, and invitees, except claims arising from the willful misconduct or gross negligence of the City.
APPLICABLE TO ALL FACILITY RENTALS EXCLUDING GERMAIN GARDEN PLOTS: I understand that Licensees, including user group Licensees, are required to obtain general commercial liability insurance for the purposes listed above. If such insurance is not obtained prior to the use of the Facility, said Licensees may be held personally liable for damages that may arise from their use of City Facilities. The general commercial liability insurance shall be in an amount of not less than two million dollars ($2,000,000.00) per occurrence, or five million dollars ($5,000,000.00) in the case of activities deemed by the City to be high-risk in respect of the services provided pursuant to this Contract. Where an activity is deemed to be high-risk by the City, I, as the Licensee, will be advised as such by City staff. Without limiting the generality of the foregoing, the general commercial liability policy shall: (a) be placed with a reputable insurer which is licensed to carry on business in Ontario and which is acceptable to the City; (b) include “The Corporation of the City of Sarnia” as an additional insured; (c) include bodily injury, property damage, and personal liability coverage; (d) contain a separation of insureds and cross-liability clause; (e) provide that it will not be cancelled or materially altered without at least sixty (60) days prior written notice to the City. The Licensee is also responsible for insuring its own property.
I understand that if I do not obtain the required insurance, the Contract shall be deemed null and void. I will not be permitted to utilize the Facility and may be denied entry. The City of Sarnia shall not be held liable or responsible in any way for any damages of any kind that I or all participants may sustain as a result of my failure to obtain and/or provide the required insurance.
I acknowledge and accept the Facility on an as-is, where-is basis. I, as the Licensee, accept responsibility to inspect and approve the condition of the Facility immediately prior to their use of the Facility.
While City staff will make every effort to ensure the Facility and surrounding area is in good condition for the rental, it is not guaranteed against vandalism or inclement weather. I am aware of this condition and will not hold the City responsible to effect immediate repairs to the Facility or to reschedule the Facility.
I understand and accept that all raffles and lotteries require a license. Only lottery events approved by the AGCO are licensable. These approved lottery events are detailed in the AGCO’s Lottery Licensing Policy Manual (LLPM).
I acknowledge that the City’s Payments and Cancellations Policy found at www.sarnia.ca/play/rentals/ applies to this Contract and I will adhere to the guidelines set out in this Policy for any cancellation and/or refund requests.
Personal Information on the form is collected under the authority of the Municipal Act, R.S.O 1980, c.302 (as amended), and will be used to determine eligibility for renting the Facility only. Questions concerning this collection should be directed: City Clerk, 255 N. Christina Street, Sarnia, Ontario N7T 7N2 (519) 332-0330 ext. 3320 Email: clerks@sarnia.ca
All participants are bound by the terms of the R-Zone Policy while using City Facilities, either structured (permitted) or unstructured (no permit issued). Refer to www.sarnia.ca/play/r-zone-respect-responsibility/ for more information.
I acknowledge that failure to comply with any of the above provisions by any participant, including myself, may result in cancellation of the Contract and/or future contracts and/or additional cost recovery fees charged to myself, in addition to any other consequence(s) the City deems necessary, acting reasonably.