RENTAL AGREEMENT/CONTRACT
The Renter agrees to rent the building known as FRANK WILLS MEMORIAL HALL located at 405 1st Street East, Cochrane, AB T4C 1C7 (the “Facility”) or that portion thereof as indicated on Schedule “A”, and on the terms and conditions set out herein.
FEES and PAYMENT: The Renter agrees to rent the Facility in exchange for the fee indicated on Schedule “A” (the “Rental Fee”) on the date and time (the “Event”) indicated on Schedule “A”. The total time the Renter occupies the Facility, including set-up and clean-up, is subject to the hourly fee.
The Facility booking is confirmed upon execution of this Agreement. A deposit equal to half of the Rental Fee (the “Booking Deposit”) may be required at the time of booking. The Booking Deposit is non-refundable in the event the Renter cancels the booking within ___ months of the Event, and in which case the Society shall be entitled to retain the Booking Deposit as a reasonable estimation of liquidated damages and not as a penalty.
The full amount of the Rental Fee as well as a damage deposit in the amount of $250.00 (the “Damage Deposit”) is due and payable two (2) weeks prior to the Event. No portion of the Rental Fee shall be refunded if the booking is cancelled less than two (2) weeks prior to the Event. The Renter agrees the Society is entitled to retain the Rental Fee as a reasonable estimation of liquidated damages and not as a penalty. The Damage Deposit shall be returned if the booking is cancelled
The Society shall be entitled to retain any portion of the Damage Deposit following the Event as is necessary to compensate the Society for any damage to the Facility or its contents. The right to return of the Damage Deposit is also subject to the cleaning obligations of the Renter outlined below. The Society retains the right to claim for damages caused in excess of the Damage Deposit. Subject to the foregoing, the Damage Deposit, or portion thereof, shall be returned to the Renter after the Event.
Payment of the Booking Deposit, Rental Fee, and Damage Deposit may be made by way of cash, cheque or e-transfer.
ACCEPTABLE USE: The Renter shall ensure that the Facility or any part thereof, is not used for any purpose contrary to the Society’s requirements under the Lease Agreement to which the Facility is subject, including:
a) the Renter shall not use the Facility for any purpose other than is stated on the attached Schedule “A”;
b) the Renter shall only use the Facility in compliance with federal, provincial, and municipal laws, and for no illegal purpose;
c) the Renter shall not allow or bring into the Facility:
i. any act, trade, business or occupation that is harmful, noisy, or offensive;
ii. any action or object that may be a fire hazard; or
iii. anything that is or may become a nuisance, danger or disturbance to the Town of Cochrane, the general public, or the occupants or owners of adjacent or nearby properties.
CLEANING CLAUSE: The Society is a Charity and in order to keep our rates low, we ask Renters and patrons to follow our cleaning and sanitizing checklist in line with our processes as set out by Alberta Health Services. If you would like the Society to undertake the cleaning, this is available at an extra cost. If a cleaner has to be brought in after your event as the clean was not done as stated in the contract, this is an additional cost to the Society and it will be invoiced directly back to you or deducted from your Damage Deposit. Please read the checklist attached as Schedule “B” and sign and date that you have read and agreed to these terms and conditions.
COMPLIANCE WITH GOVERNMENT OF ALBERTA & PUBLIC HEALTH ALBERTA ORDERS AND RECOMMENDATIONS: It is the responsibility of the Renter and organizer of any event or group to ensure they comply with the Facility’s active policies at that time. It is the responsibility of the Renter or organizer of any event or group to ensure that all subsequent attendees of said event are aware of the Facility’s policies. Specific details of current requirements can be found at: https://www.alberta.ca/covid-19-public-health-actions.aspx
LIABILITY CLAUSE: Without limiting the generality of Schedule “C”, when leaving the Facility, you must ensure; all kitchen equipment is turned off, all fans and lights are off and all doors, including fire exits are locked so the building is secure. By initialing here you are accepting all liability for any property damage or injury or death caused to a person due to the failure to properly secure the Facility, and agree to indemnify the Society, its directors, officers, employees, and agents for any claims brought against the Society, its directors, officers, employees or agents.
ASSUMPTION OF RISK AND INDEMNITY: The Renter acknowledges the use of the Premises is subject to his or her own risk and is subject to the assumption of liability and indemnification provisions as set out in Schedule “C” hereto.
LIQUOR LICENCE: If serving alcohol, a liquor license is mandatory. This can be purchased at
any liquor store or online: https://aglc.ca/liquor/liquor-icences/applyinglicence/liquorlicences-private-special-events A copy of the liquor permit must be shown prior to your event and displayed at the event.
LIABILITY INSURANCE: All Public Events or events serving liquor must obtain event/liability insurance. A certificate of insurance must be presented in advance of the Event. You can obtain this online at: https://www.palcanada.com/index.php/en-us/ or you can contact an independent insurance broker directly for a free quote.
TERMINATION CLAUSE: The Society reserves the right to terminate this agreement at any time without notice or liability to the Renter if the Renter breaches any term of this Agreement. The Society reserves the right to terminate this agreement for any other reason, and in the Society’s sole discretion, at any time upon giving 30 days’ notice.
PLEASE NOTE THIS IS A COMMUNITY VENUE AND ‘OTHER EVENTS’ MAY BE TAKING PLACE AT THE SAME TIME IN OTHER AREAS OF THE BUILDING.
THIS IS A NON-SMOKING FACILITY AND WE DO NOT ALLOW WICK CANDLES OF ANY KIND. DUE TO OUR FIRE ALARM, SMOKE MACHINES ARE NOT PERMITTED.
ALL FUNCTIONS MUST END BY MIDNIGHT (12:00 AM) DUE TO THE NOISE BYLAWS IN THIS AREA.
A POST EVENT CLEAN-UP GROUP OF A MAXIMUM OF 10 PEOPLE IS PERMITTED ON-SITE BETWEEN 12AM-1:30AM AT WHICH TIME THE RENTER AND ALL GUESTS MUST EXIT AND SECURE THE BUILDING.
SCHEDULE “B”
CLEANING CHECK LIST:
ENTRY WAY:
- Sweep using Swiffer
- Vacuum rug
- Mop floor if required
WASHROOMS:
- Check toilets
- Empty garbage
- Sweep using Swiffer
- Mop floor if required
MAIN HALL & REC ROOM:
- Sweep with Swiffer
- Mop floor if required
- Using the sanitising solution provided and disposable cloths, spray and wipe all tables or equipment used
KITCHEN:
- Wash, rinse and steam and sterilize equipment, dishware or glassware in the dishwasher (please note the cleaning solution is already hooked up to the dishwasher). Turn on 15 mins prior to usage to heat up to full temp. Cycle takes between 5-10mins. Please put items washed back in cupboards
- Please clean the following: work tops, sinks, fridge handles (remove all personal items from the fridge) stove top and door handles and microwave using the sanitising solution and disposable cloths provided
- Sweep floor using Swiffer
- Mop floor if required
- Put any used tea towels and cloths into the washing basket provided under the hand washing station
BEFORE YOU LEAVE THE BUILDING:
- PLEASE ENSURE YOU DO A THOROUGH WALK-THROUGH OF THE VENUE AT THE END OF YOUR EVENT
- PLEASE TURN OFF ALL FANS AND LIGHTS THROUGHOUT THE VENUE
- ENSURE ALL DOORS LOCKED AND FIRE EXITS CLOSED
IF YOU HAVE ANY URGENT QUESTIONS WHILST AT
THE HALL YOU CAN CALL OR TEXT US AT:
403 999 7851
SCHEDULE “C”
LIABILITY WAIVER
The Renter agrees to indemnify and hold harmless the Society, its directors and officers, employees and agents, and other users (the “Indemnified Parties”) from any and all third-party claims, damages, costs, expenses, demands, or actions for which the Renter is legally responsible, including those arising out of negligence or wilful acts by the Renter or the Renter’s employees, agents, or guests in respect of death, injury or loss or damage to persons or property howsoever caused. This includes lawyer fees and expenses whatsoever arising by reason the acts or omissions in law with respect to the Renter’s use of the Facility.
The Renter agrees and understands that they must be available and present at all times during the function unless otherwise agreed beforehand with the Hall Management. The Renter is not permitted to assign the terms of this agreement to any other person, persons or entity, under any circumstances without the Society’s prior written authorization in the Society’s sole and absolute discretion. For greater clarification, the signing party below undertakes that it shall be the only party eligible for the terms pursuant to the Rental Contract as agreed upon. Violation of this provision is cause for the termination of this agreement.
The Renter understands it is their responsibility to secure any Insurance required for ‘Commercial’ or ‘Public’ events and provide proof of insurance prior to the attendance at the Facility.
The Renter herein acknowledges that it is their sole responsibility to obtain a Liquor Permit and Party Alcohol Liability Insurance for the function if so required. No alcoholic beverages are permitted to be consumed outside the Facility. The Renter agrees that all service of alcohol will cease no later than 12:00 am and all liquor will be either vacated from the Facility or secured from further consumption. The Renter agrees to respect and abide the “Quiet Times” effective 12:00 am.
If the Society has provided consent to the Renter for alcoholic beverages to be consumed on the premises, the Renter acknowledges that they will purchase from a licensed insurance agent or broker a Party Alcohol Liability Insurance Policy in an amount not less than $3,000,000.00 and shall name, as an additional insured, the Frank Wills Memorial Society under said policy. The Renter agrees to provide to the Society, a Certificate of Insurance evidencing this coverage prior to the function, as defined in the Agreement, and Liquor License.
The Renter agrees to follow all prevention protocols in place at the Facility which have been explained at the time of signing this Agreement and agrees that it shall not hold the Society liable in the event of an outbreak of COVID-19 or any other infectious disease. The Renter and all guests assume the risk of attendance at the Facility. The Renter agrees that it is their responsibility to obtain names and contact details of all persons in attendance in the event that Alberta Public Health is required to undertake contact tracing.
I, the undersigned, understand and accept all the rules and conditions established for the rental of the Facility. I also agree to be responsible for any and all damages incurred in and to the Facility.