The terms and conditions contained in this Appendix A form a binding part of your permit and have the same effect as if the information contained herein were contained in the body of the permit.
Payment
All rental fees payable under this Permit must be paid by the payment date by: Visa, MasterCard, Debit, Cash or Cheque.
Cheques must be made payable to "Town of Bradford West Gwillimbury".
Cheques will only be accepted if provided at least 30 days prior to the Start Date. NSF Cheques - A service charge of $50.00 will be charged for payments made by the Customer that are returned to the Town of Bradford West Gwillimbury.
For seasonal contract Permit Holders, post-dated cheques must be dated as per the payment date schedule listed on the permit.
For single use or spot bookings, payments are due at the time of the booking confirmation.
For multi-weekly bookings, a payment schedule may be arranged where the last payment shall be received 30 days prior to the last month of activity.
Overdue accounts will be subject to an interest charge of 1.25% per month. Accounts in arrears will be sent to third party collection and the client will be denied access to future Town bookings.
Failure to have your signed Permit and payment delivered (and received) at Community Services (3541 Line 1 1) by the payment date will void this Permit.
No admission fee shall be charged by the Permit Holder or anyone associated with the Permit Holder for the purposes of this Permit for use unless consent is obtained by the Town in advance, in writing.
Cancellation
The Town of Bradford West Gwillimbury has the right to control all ice/floor distribution and use of Town owned facilities for the duration of the Permit. The Town has a responsibility to manage the negative impact that returned time has on the Town and the user groups. In order to control this, the Town will apply the following practices regarding unused, returned, amended and cancelled time.
Permanent seasonal cancellations will only be accepted until September 15 of that season (for fall/winter). For spring/summer, the cancellation deadline is April 15.
There will be no cancellations allowed for bookings in September or on "Halloween" October 31.
Organizations interested in avoiding specific days or blocks of time within the booking period, must request such exceptions when submitting applications for the ice/floor.
After the Permit is signed, single or occasional use cancellations will be permitted only if initiated by the Permit Holder and under the following conditions:
Youth organizations may turn back ice/floor time booked during playoffs once playoff schedules are confirmed.
The Permit Holder may be entitled to the return of the aforementioned cancellation fee, less 25% of the total cost of the cancelled time, where the Town successfully sells the cancelled time to another party.
The Town reserves the right to cancel this Permit at any time and for any reason, without notice, should it be determined in the Town's sole and absolute discretion that the Permit Holder has failed to comply with the terms of this Permit. The Permit may be cancelled on a short-term notice due to mechanical failures or infrastructure safety reasons. The Town shall not be liable in any manner for any losses claims or damages resulting from changes or cancellations.
No person, organization, association or minor sports group shall transfer or sublet any time allocated, or part thereof, for value or otherwise. If any person, organization, association or minor sports group transfers or sublets any time allocated or any part thereof, or permits such transfer or sublet, their Permit shall be terminated without notice and the Town will issue a refund of fees on a prorated basis.
Policy Adherence
The Customer shall be responsible for the conduct and supervision of all persons attending the Town Facility pursuant to this Permit and shall see that the Terms and Conditions of this Permit, including the following By-Laws, policies and provisions are adhered to:
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The Town will not tolerate the consumption of alcohol in areas other than those licensed under a Special Occasion Permit. Should any person associated with the Permit Holder be found with alcohol in any part of the facility not licensed for such use, the Permit Holder automatically forfeits their contract time for the season. Please note that any evidence of alcohol consumed by your group during your time at the Town facility will result in your group being suspended and could become a police matter. Please remind your coaches, players, parents, trainers, etc.
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The Town's Smoking By-Law, as amended, which provides that all Town facilities are 100% smoke free at all times with no exceptions. Further prohibitions are provided in the By-Law, as amended, which can be obtained on the Town's website. Smoke Free Public Places By-law 2019-41
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All skaters/players (including coaches/trainers) are required to wear a CSA approved helmet if sports equipment is in use while on the playing surface. It is the responsibility of the Permit Holder to ensure compliance with this rule.
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Only authorized trained personnel shall operate the scoreboard/music system.
Insurance, Waiver of Liability and Indemnification:
The Permit Holder hereby agrees to indemnify and save completely harmless the Corporation of the Town of Bradford West Gwillimbury, its elected officials, agents, employees, servants and/or volunteers, from and against all claims, demands, losses, damages, debts, actions, causes of action, suits, proceedings or costs whatsoever, at law or in equity, suffered or incurred by the Town whether directly or indirectly, as a result of this Permit, including but not limited to any failure by the Permit Holder to comply with the terms of this Permit, or as a result of any other matter or thing in connection therewith or pertaining thereto except to the extent that such loss arises from the independent gross negligence of the Town.
Without limiting the generality of the foregoing, the Corporation of the Town of Bradford West Gwillimbury will not be responsible for personal injury or damage or for the loss or theft of any property of the Permit Holder, or anyone attending the Town facility as a result of this Permit. Under no circumstance shall the Town be responsible for the care of or safekeeping of any property of the Permit Holder, its invitees or guests, or any damages thereto by any cause whatsoever, despite any undertaking unless such undertaking is provided in writing.
Further, the Permit Holder shall be responsible for damages to Town facilities and/or Town property arising out of the use of the Town facilities by the Permit Holder, its guests or invitees further to this Permit.
Prior to the start date and for the entire duration of this Permit, the Permit Holder shall obtain and maintain insurance coverage as outlined below, provided by an insurance company licensed to transact business in the Province of Ontario. Evidence of such insurance shall be provided by the Town in the form of a Certificate of Insurance signed by an authorized signatory prior to the start date and as otherwise specified below:
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Commercial General Liability insurance policy in the amount of $2,000,000 or $5,000,000.00 per occurrence, at the discretion of the Town, that insures against third party claims for bodily injury (including death), personal injury and/or property damage as a result of actual or alleged negligence of the Permit Holder or anyone for whom the Permit Holder may be responsible at law; and
- Such other insurance which the Permit Holder or the Town, acting reasonably, may require from time to time, in amounts and for risks against which a prudent Permit Holder would insure.
Insurance policies required to be maintained by the Permit Holder must:
- Name the Permit Holder as insured;
- Name the Corporation of the Town of Bradford West Gwillimbury, and such other parties as the Town may designate, as additional insured;
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Be in form and substance satisfactory from time to time to the Town, acting reasonably;
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Be non-contributing with and applicable only as primary and not as excess to any other insurance available to the Town, if any;
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Not be invalidated as respects the interest of the Town or any other person named as an additional insured by reason of any breach or violation of any warranties, representations, declarations or conditions contained in the policies; and
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Contain an agreement on the part of the insurer to notify the Town in writing by registered mail at least 30 days before any cancellation or termination of the policy or any change to the policy that reduces or restricts coverage.
The cost of premiums for each and every such policy shall be paid by the Permit Holder.
Time
One hour of ice/floor rental shall consist of 50 minutes. Resurfacing is at the discretion of the Town's Arena Supervisor. No one other than Town Staff are permitted on the ice during resurfacing.
Dressing rooms must be vacated in reasonable, clean fashion no later than 30 minutes after actual rental. No extended team meetings to take place in the change rooms. Dressing rooms are to be left as they were found, failing which a cleaning fee may be charged back to the customer.
Capacity and Patrols
The Corporation of the Town of Bradford West Gwillimbury adheres to O.R.F.A (Ontario Recreational Facilities Association) recommended practice that the load capacity for an average ice surface be no more than 180 persons (approximately 100 square feet per skater).
For Public Skating Programs, the Permit Holder shall ensure proper and appropriate ice supervision in accordance with ORFA Recommended Practice for Public Skating Safety, as follows:
Patrol on Ice (Patrol to Skater Ratio):
1 Ice Patrol (1 to 59 persons)
2 Ice Patrol (60 to 1 19 persons)
3 Ice Patrol (120 to 180 persons)
Source: ORFA Recommended Practice for Public Skating Safety
Miscellaneous
The Town has adopted a Facility Allocation Guide. The objective of this guide is to create and define categories of users, determine a priority of allocation for each of the groups within these categories.
Where organizations using Town facilities require food services for fundraising events they must contact the Concession Operator to acquire said services. Under no circumstances shall such groups prepare, sell, or provide food without receiving the approval of the Concession Operator in writing.
This Permit may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. This Permit may be executed and scanned and delivered by electronic transmission and, when so executed and delivered, will be deemed an original.
If any part of this Permit is found to be illegal or otherwise unenforceable by a court of competent jurisdiction, the remainder of this Permit and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
References herein to any legislation, regulation or By-Law or provision thereof include same as amended, revised, and/or consolidated from time to time and successor thereto. The use of words in the singular or plural or with a particular gender will not limit the scope or exclude the application of any provision of this Permit to such party or circumstances as the context otherwise permits. The headings in this Permit are inserted for convenience only and are not to be used as a means of interpreting this Permit.
The Town reserves the right to add conditions to this Permit where, acting reasonably, it is deemed in the best interests of the Town to do so. Such amendments shall be provided to the Permit Holder in writing in advance. Should the Permit Holder wish to terminate this Permit as a result of an amendment made pursuant to this section, the Permit Holder shall be entitled to reimbursement of rental fees paid or payable for any remaining time under this Permit.
The Town further reserves the right to alter this contract when necessary due to play-offs, special occasions, tournaments, etc.
All ice users are expected and agree to use their permitted space only for the intended purpose. Ice users are not to have team "warm up" sessions in any lobby or hallway area, the skate change area or to be running through the arena stands during another group's ice session. Users are not to block public space or stairs or to use a soccer ball (or other similar type of equipment) for warming up. Failure to comply with these expectations may result in suspension of permit and/or payment for any damages that occur.
For user groups, Permits shall be signed by the contact person, who will become the Permit Holder, as confirmation of the booking(s) and understanding of facility rules and regulations.
By signing the Permit, the Permit Holder agrees to be bound by the Terms and Conditions of this Permit and hereby warrants and represents that they execute this Permit on behalf of the Permit Holder and has sufficient power, authority and capacity to bind the Permit Holder with their signature.
