By making payment and proceeding with the Facility Rental 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 regulations and restrictions related to COVID-19, including but not limited to all public health regulations and restrictions, social gathering limits, physical distancing, face coverings, etc.
I and all participants will conform and adhere to all rules and regulations as adopted by the Sarnia City Council applying to this Rental 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, its officers, agents, employees, and volunteers against any and all actions, cause of action, suits, debts, claims, demands, and expenses of any nature or kind whatsoever which may arise, director 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 permit; (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 by the Licensee of the Facility to hold the Event and activities related thereto, its employees, volunteers, members, participants, guests, and invitees; except claims arising from the negligence of the Municipality.
I acknowledge and accept the facility on an as-is, where-is basis. It is their responsibility to inspect and approve the condition of the facility immediately prior to my use of the facility.
I will purchase the general liability insurance either through the City of Sarnia, or obtain and maintain in full force and effect during the term of this Agreement, general liability insurance (the “Liability Insurance Policy”) acceptable to The Corporation of the City of Sarnia in an amount of not less than two million dollars ($2,000,000.00) per occurrence in respect of the services provided pursuant to this agreement. Without limiting the generality of the foregoing, the Liability Insurance 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 as an additional insured “The Corporation of the City of Sarnia” and its representatives and employees; (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.
While 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. Licensee is aware of this condition and will not hold the City responsible to effect immediate repairs to the facility or to reschedule the facility.
That the Community Services Department must be notified in writing at least 14 days in advance of any cancellations, in which case I will receive a refund of Facility Fees and Extra Fees, less an administrative fee of $12.00 CAD. If notice of cancellation is received less than 14 days prior to the Facility Rental day, I will receive a refund as an account credit of Facility Fees and Extra Fees, less an administrative fee of $12.00 CAD. If notice of cancellation is not received or is received on or after the Facility Rental day, no refund shall be issued.
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
I acknowledge that failure to comply with any of the above provisions by any participant, including the Licensee, may result in cancellation of the event and/or future events and/or additional cost recovery fees charged to them, in addition to any other consequence(s) the City deems necessary, acting reasonably.