Assumption of Risk, Indemnity and Insurance
In consideration of using or participating in any activities, programs, services, and events at MNP Community & Sport Centre (MNPCSC), the user group acknowledges the following:
- The user group agrees to use the facility only for the uses set out in this contract.
- While it occupies the premises, the user group shall indemnify, release, defend and save harmless RSC and the City of Calgary from and against all claims, losses, fines, suits, actions, damages, liabilities and expenses of any kind, by whomsoever made, brought or prosecuted in connection with losses of life, personal injury, damage to property, or any other loss, damage or injury, whether or not of a nature related to the foregoing, arising from any occurrence upon the premises or from the user group’s occupancy or use of the premises or occasioned wholly or in part by any act or omission or breach or violation of any of the user group’s obligations under this agreement by the user group, its officers, agents, employees, patrons, contractors, invitees, concessionaires, or by anyone permitted by the user group to be upon the premises or in RSC.
- The user group, at its own expense, and at all times during the agreement, will maintain with insurers registered and licensed by the laws of the Province of Alberta and provide valid proof of commercial general liability insurance policy for bodily injury (including death), public liability, personal injury, economic loss, and property damage arising from occurrences in or about the premises and RSC or arising from or in any way relating to the user group and the user group’s employees, agents, contractors, invitees or person for whom the user group is in law responsible, use or occupancy of the Premises or the Centre, in an amount of not less than TWO MILLION DOLLARS ($2,000,000) inclusive limit for any one occurrence which shall contain endorsements attesting that: RSC and the City of Calgary are included as additional insured under the policy and that there is no participants exclusion under the policy.
- The user group will ensure that all participants engaging in activities at RSC are in good health and sufficient physical condition to properly use the facility and have the proper knowledge to use the equipment used.
- RSC may need to secure medical advice and services as deemed necessary for the health and safety of any participants of an activity at RSC. Participants are informed of the possibility and agree to accept financial responsibility in excess of the benefits allowed by provincial health insurance plans.
- The user group’s participants have been informed, understand and appreciate that there are a number of inherent risks involved in the activity which are beyond the control of RSC and its staff and agree to personally assume such risks.
Assigning or Subletting
The user group agrees not to assign, sublet, or permit use or occupancy by any other person of the whole or any portion of the facility unless written approval is given by MNP Community & Sport Centre.
Termination and Pre-emption
As a MNP Community & Sport Centre customer you are entitled to receive exceptional customer service and high end products. MNP Community & Sport Centre prides itself on assisting our users achieve maximum success. In order to achieve success, MNP Community & Sport Centre requires the standards of this contract to be strictly adhered to. Failure to comply will result in immediate termination of this contract. MNP Community & Sport Centre will always make its best effort to uphold any space allocation booking. However, due to the unforeseen circumstances or special requests, MNP Community & Sport Centre may need to cancel or readjust current space allocations. Should this happen, MNP Community & Sport Centre will notify the affected user group(s) as soon as possible and work with them to accommodate an alternative booking, whenever possible.
Payment Terms
All user groups are required to pay the contract in full at the time of booking as the contract is considered firm and subject to adhere to the cancellation policy.
Cancellation/ Modification Policy
To modify a booking with no financial penalty, the commercial user group must provide greater than 8 business days’ written notice prior to the start of the activity, to sportservices@mnpcentre.com. The commercial user group will not be charged for the modification if received with adequate notice, and the SSD will provide a confirmation to the designated contact person.
If a modification is needed within 0 – 7 business days of the start of the activity, the commercial user group must provide written notice to sportservices@mnpcentre.com and will be charged for the full space. New bookings cannot be accepted during this time frame.
If payment is received within the outline timeline, a full refund or credit will be provided back in the original form of payment.
Set-up
Dry Land – Equipment for volleyball, basketball, badminton, and timing equipment are the responsibility of MNP Community & Sport Centre. User groups are responsible for all other dry land training equipment and shall complete set ups and take downs themselves and plan sufficient time to allow for all equipment changes and training requirements so that set up and take down do not infringe on any other groups’ training times. If a user group is found to have infringed on the subsequent user group’s time, a charge of $50 will be added to the account. Failure to put away equipment or leaving the area unclean will result in a $50 charge.
Aquatic – moving the bulkhead and putting in lane ropes will be the responsibility of Repsol Sport Centre. User groups are responsible for the set up and take down of all equipment required for practice, including nets, timing equipment, and team benches if necessary. If a user group is found to have infringed on the subsequent user group’s time, a charge of $50 will be added to their invoice. Failure to put away equipment or leaving the area unclean will result in a $50 charge.
Back to Back Bookings
When a user group is booked back to back with another group, they may be asked to stop their practice up to 10 minutes before the end of their booked time to facilitate takedown of equipment or moving of the pool bulkhead. The second group may be asked to refrain from using the field of play for up to 10 minutes into their booked time to allow time for their equipment change over and set up.