Recreation Terms & Conditions

• This Facility Use Agreement is a legal and binding agreement made between City of Hamilton and the Applicant on the following terms and conditions.
• Applicant may not assign or transfer any of its rights under this Agreement without the prior written consent of the City of Hamilton. Applicant herein is an independent contractor and not the agent or employee of the City of Hamilton
• The City agrees to rent to the Applicant the noted facility on the dates, times, and at the rental rate indicated on the Rental Contract/Invoice.
• The Applicant shall pay the total rental fee due to the City not less than one month in advance, as applicable and decided at the sole discretion of the City.
• The Applicant shall, at all times, conduct himself and herself in a courteous and professional manner in all respects concerning services he or she may offer at City facilities. And that the Applicant warrants and represents to the City that all representations that it shall make to the public concerning the services offered at any City of Hamilton facility must be accurate.
• If the Applicant fails to comply with the rental terms within the dates aforementioned, the City shall cancel the rental contract. 
• If for any reason the applicant wishes to cancel their contract and/or any dates within the aforementioned, they are required to give the Facility Booking Office not less than 14 calendar days written notification either by letter, e-mail or fax. ([email protected] or fax 905-546-2338).  Notification must be received at the Recreation Division offices 28 James St. North (3rd Fl) If cancellation occurs in less than 14 calendar days, the renter will be responsible for all applicable rental rates & fees. For Arena Ice Cancellation please see 'Arena' Section of the Terms & Conditions.   
• The Applicant may pay the rental fees by cash, cheque, debit card or credit card (Visa and MasterCard only).  Any Applicant giving the City a cheque that is returned "Non-Sufficient Funds" may have the Applicant's rental cancelled, and will be charged an administrative fee which the Applicant, by affixing his/her signature hereto, agrees to pay.
• The Applicant agrees to pay any additional cost of the City, caused by the Applicant's increased programming demand.
• The Applicant hereby releases the City from liability for loss of life, personal injury and/or damage to or loss of property. The Applicant shall defend, indemnify the City and save it harmless from any and all losses or claims, actions, demands, liabilities and expenses (including, without limitation, solicitor fees) in connection with loss of life, personal injury and/or damage to or loss of property:  (a) arising out of any occurrence in or about the facility; (b) occasioned or caused wholly or in part by any act or omission of the Applicant or anyone else for whom it is responsible at law; or (c) arising from any breach by the Applicant of any provisions of this Contract.  The foregoing indemnity shall survive the termination of the Contract notwithstanding any provision of the Contract to the contrary.
• The Applicant agrees to be responsible for all persons in the group and agrees to reimburse the City for any losses, costs or expenses incurred by the City in respect of any damage or destruction, however occasioned, to the facility, fixtures or chattels caused by, or arising out of, the use of the facility by the Applicant, or any other person within the facility, with the permission of the Applicant.
• The Applicant must provide proof of insurance, as deemed necessary by the City, in the amount of $2 million, $3 million, or $5 million Comprehensive General Liability Insurance for Property Damage, Bodily Injury, and where applicable, to include, Participant Liability, Liquor Liability, Garage Liability, Non-Owned and Owned Automobile coverage, Watercraft, Tenant Legal Liability and any other deemed necessary and satisfactory to the City Solicitor, subject to cross-liability and severability provisions, naming the City as an additional insured. Proof of insurance must be supplied by the Applicant prior to any permit being issued. A certificate must be completed by insurance company, or applicant may request to be added to the City of Hamilton, All Sport Policy. Events with alcohol require proof of $5 million C.G.L. with Host Liquor Liability. In all cases, the City of Hamilton must be named as additional insured. The Policy shall not be cancelled without sixty (60) days written notice to the City. The Applicant shall furnish to the City a certified copy of such policy of insurance throughout the continuation of the License Agreement. The Applicant acknowledges that it is not an additional insured under the City's insurance policies.
• All City facilities are Smoke Free Environments and are regulated by City By-laws.  Failure to comply may result in cancellation of hours without refund.
• The Applicant shall ensure that all participants wear the appropriate protective equipment as required by the activity, and that all equipment and supplies utilized in connection with the activity(s) for which this permit is being issued shall be in a safe and usable condition and shall not be such as to present a hazard to the user or other participants.
• The Applicant certifies it is validly incorporated under the laws of Ontario, or in the event the Applicant is not incorporated, said individual accepts personal responsibility for any actions, causes of actions, arising out of, or by reason of, the Applicant's use of the said facility.
• If for any reason the Recreation Division of the City of Hamilton is unwilling to permit the use of the facility, the Recreation Division, shall have the right to cancel such use at any time and order the facility to be closed to all spectators and users and/or such event, and neither the Healthy and Safe Communities Department, Recreation Division nor the City of Hamilton shall be required to do more than refund the applicant any fee which the applicant has paid.
• The permit holder shall not permit any act(s) to be done by any member of the permit holder's team/organization or any other participant in the special activity(s) for which this permit is being issued, that might breach any Federal, Provincial or Municipal statute, regulation or by-law, or that might invalidate the policies or insurance of The City of Hamilton.
• All participants in the activity(s) for which this permit is being issued, including players, coaches, trainers, managers, instructors, officials, etc., shall conduct themselves in a sporting manner.  Fighting and unsportsmanlike behaviour may result in cancellation of this permit.
• All hazardous conditions with respect to the facilities used to carry out the activity(s) for which this permit is issued shall be immediately reported to a staff person at the facility or to the Public Works Department, Parks & Forestry Division at 546-CITY(2489).
• The Recreation Division may at any time arbitrarily without notice or cause revoke a permit.  The permit holder shall have no claims for damages against the Healthy and Safe Communities Department, Recreation Division of the City of Hamilton or their employees, servants or agents, resulting from said revocation.
• The applicant is to ensure that all participants park in designated areas only.  Failure to adhere to this will result in cancellation of this permit.
• NO BEVERAGES CONTAINING ALCOHOL are allowed in a facility unless permission/approval has been granted by the General Manager of Healthy and Safe Communities or designate. Any breech of this regulation shall lead to an immediate cancellation of the Applicant's use and forfeiture of the deposit.
• All individuals signing this agreement must be at least 18 years of age. The undersigned has read and on behalf of the Applicant agrees to be bound by this Contract and the Terms and Conditions contained herein and schedules attached hereto, and hereby warrants and represents that he/she executes this Contract on behalf of the Applicant and has sufficient power, authority and capacity to bind the Licensee with his/her signature.

• The following uses are not permitted within the rental space:
  • The playing of music, videos, or other copyright materials unless appropriate licensing fees are obtained by the renting party. This excludes the use of public broadcasts or radio.
  • Amplified sound or activities which can be heard outside of the permitted space.
  • Cooking food, unless appropriate permits and approvals has been obtained.
  • Attendance which exceeds the posted room capacities.
  • Smoking within rented space, or on City property.
  • Alcohol or gaming, unless in specified facilities and appropriate licenses are obtained.
  • Use of amenities outside of the room rented, including fridge and kitchen access. If required, please specify on application and is subject to Supervisor approval.

• The Applicant shall comply with all published policies and rules of the City of Hamilton and the Council of the City of Hamilton, and with all applicable laws and bylaws. The Applicant shall, at all times, conduct himself and herself in a courteous and professional manner in all respects concerning services he or she may offer at City facilities. Behaviour that compromises the personal physical or emotional safety of others will result in the immediate cancellation of this permit, without compensation to the Applicant and the participants.
• The Applicant understands and agrees that during the term of this Agreement there may be other programs, activities, or events taking place in other parts of the Facility not covered by this Agreement. The Applicant shall conduct its activities so as not to interfere with other programs, activities, events, or other users at the Facility.
• All concession and catering rights for the City of Hamilton are reserved to the City of Hamilton. All catering and concession sales must be arranged with the City of Hamilton. No food or drink is permitted at Sackville Hill Senior Centre or Tim Horton’s field unless written approval is obtained.
• No advertising or other item shall be placed or posted on walls or doors in or about the Facility without the prior written permission of the District Manager. City of Hamilton name shall not be used to suggest co-sponsorship or endorsement of any activity, except with the prior written approval of the District Manager.
• The Applicant shall not sell or cause to be sold any programs or other items in or about the Facility, except on terms and conditions established by the City of Hamilton. Solicitation of donations is prohibited.
• The City of Hamilton shall make the existing parking facilities at the Facility available for the vehicular traffic and parking necessitated by the Applicant’s use of the Facility, on a non-exclusive basis and as available.
• Equipment, other than those confirmed through the application, will not be made available and are subject to the following conditions:
• Any equipment needs will be approved prior to the permitted day and may be subject to additional fees.
• The Applicant shall not use City of Hamilton equipment or tools located in or about the Facility, unless they are included within the description of the Facility and the rental permit.
• The Applicant is solely responsible for its activities while using the Facility and uses any equipment and tools at its own risk. The City of Hamilton makes no warranties or guaranties regarding the condition or suitability of its equipment and tools. The Applicant is responsible to inspect the equipment and tools before use.
• ABSOLUTELY NO SUB-LEASING IS ALLOWED.  Issued permits are not transferable from one user group to another.  Reported transfers will be investigated and subsequently, permits may be revoked for the remainder of the season.

• Keys will be provided to the Agreement holder, when applicable, which are subject to the following terms:

1. Keys will not be duplicated or provided to other parties without the City of Hamilton’s written permission
2. Only the designate user is permitted to open and close the facility
3. The key holder will notify the City of Hamilton in writing with details of any accidents, injuries, or harm from persons using the premises with 48 hours of its occurrence
4. The key holder will immediately report any damage, vandalism, or facility maintenance issues to the contact number posted at the facility
5. The key holder is responsible for ensuring the building is secure and supervised when in use. The City is not responsible for any loss or damage to personal property due to the facility being left unsecured.
6. Keys will be returned within 5 days of the agreement expiry with key holder checklist.
7. Replacing the lock is strictly prohibited

• Applicant understands that failure to return the keys within 5 days from the permit expiry will result in being charged a damage fee to cover the costs to replace the lock.

• The Applicant acknowledges that each hour rental of ice time includes a 10-minute maintenance period. Therefore, each ice time rental hour will contain 50 minutes of actual ice time. All rentals will start on the hour or half-hour and end on the next hour or half-hour. The Applicant shall ensure that all of the Applicant's participants shall keep off the ice during the ice maintenance period and shall not go on the ice until the resurfacing unit has left the ice and the rink doors are fully closed.
• Dressing rooms are available one half hour prior to the scheduled rental. It is the responsibility of a representative of the Application to pick up a key for a dressing room.  A set of car keys must be given in exchange for the dressing room key and will be held until the dressing room key is returned.  It is the responsibility of the Applicant to ensure all dressing room doors are locked while utilizing the arena. The City is not responsible for any lost or stolen goods, including money, whether taken from the dressing room or elsewhere in the Arena. All articles in the Arena are left at the risk of the Applicant. All persons must vacate the dressing room one half hour after the completion of the ice rental.

ICE RETURN POLICY

• Regular Ice rental cancellations must be received 14 calendar days prior to the date of the rental.  If the ice is not cancelled within the designated time, the renter will be financially responsible for all applicable rates & fees, even if the ice is unused.
• Tournament/Special Event rental cancellations must be received 30 calendar days prior to the date of the rental.  If the ice is not cancelled within the designated time, the renter will be financially responsible for all applicable rates & fees, even if the ice is unused.
• Cancellation of rented ice must be received in writing, by e-mail, fax, or letter.  Phone calls or voice messages will not be accepted.
• Cancellation of ice time initiated by the City, (inclement weather, equipment failure etc.) is not bound by this policy.  Users will not be charged for ice time cancelled by the City.
• “Plan G” ice allocation contracts for affiliated user groups is governed by the ‘Ice Allocation Principles’ guidelines and does not fall within the same cancellation guidelines as regular ice rentals.  Please contact Recreation Facility Booking for details.

• In an attempt to provide the best playing conditions possible, we request that fields not be utilized prior to the first week in May, in order that sufficient pre-season conditioning can be completed (subject to review).  Concerns relative to field conditions throughout the season should be reported directly to the Parks Division, 905 546-CITY(2489).
• That use of parks during and/or following inclement weather results in additional expense to the City resulting from the need to recondition fields.  Therefore, you are required to abide by the City of Hamilton Recreation Division's 'Rain Out Policy' which can be found on our website at www.hamilton.ca/recreation.
• During times of inclement weather please check the City of Hamilton’s website www.Hamilton.ca for an up-to-date list of facility or field closures.

DUNDAS DRIVING PARK

• Absolutely no sound amplification of word or music is allowed before 11:00 am and after 10:00 pm.  Further, that our renters recognize and respect the Park's neighbours and other park users when adjusting sound levels.

CHARGES

• These fees are non-refundable and must be received upon receipt of permit at least one month prior to first permitted date. 
• Payment is due at time of signing permit, or as per the schedule provided (for permits with ongoing rental days beyond one month). Payment methods accepted include cash, cheque, debit, MasterCard, and Visa.

TOURNAMENTS

• Requests for tournaments received will be processed on an availability basis prior to seasonal requests. Applications received after the deadline will be processed after seasonal requests have been allocated. Requests for sale of food, beverages or alcohol must be submitted in writing to the Healthy and Safe Communities Department, Recreation Division at least 90 days prior to event, and will be subject to departmental approval.
• Requests to cancel Tournaments/Special Events must be made in writing a minimum of 30 days prior to the date of booking. If the rental is not cancelled within the designated time, the renter will be financially responsible for all applicable rates & fees, even if you do not use the rental space.

LEAGUE CONTACT

• It is the responsibility of the recipient of this information to either represent the league or advise of a new league representative.
• Please note that the above conditions may be subject to change, in the interest of providing better service to all sport organizers. We thank you for your co-operation in these matters.

• Recreation programs, camps, and after school programs open to the public will also adhere to the following conditions and terms. After school programs must be authorized to operate from the Local Systems Manager under the Ministry of Education.

Program Supervision

• Staff/program leaders will be clearly identified and differentiated from program volunteers
• Staff will ensure ratios and occupancies are met as identified above
• Staff will have a mechanism for knowing who is present in the building and participating in the building, with a tracking for who has left the premises.  This information will be provided to facility staff in the event of an evacuation or emergency procedure
• Staff will ensure 100% supervision of program participants, with a process for limited access and knowing who is in “private” areas such as washroom and change rooms

Staff Selection, Training, and Development

• Staff will be selected via a fair recruitment process, with safekeeping to ensure only those permitted to work in Canada are employed
• All staff and volunteers will obtain a police check upon placement. This will be kept on file by the organization.
• A process will be in place to measure staff against performance expectations, with actions to take to further develop staff when they are not meeting expectations.
• Training will be held with all program staff, which includes at a minimum:
  • Legislatively required training (WHMIS, AODA Customer Service, Ministry of Labour Safe Worker Training)
  • Behaviour Management practices (both preventative and reactive)
  • Duty to Report
  • Programming expectations, including age/stage development appropriate for program participants
  • Performance expectations
  • H&S training specific to facility, with related evacuation procedures (will be provided by facility staff)

Storage, Preparation Space, and other Resources Available

• Any additional space required for storage or preparation (i.e. fridge) will be communicated to the facility before signing the permit. The facility will provide in writing the terms and conditions related to this additional space (i.e. appropriate use, cleaning requirements, or date to remove items by)
• Any additional resources required to support the program will be communicated with the facility before signing the permit. These resources will be confirmed in writing with any additional requirements (i.e. no long distance calls for phone access).

• Payment is due at time of signing permit, or as per the schedule provided (for permits with ongoing rental days beyond one month). Payment methods accepted include cash, cheque, debit, MasterCard, and Visa.
• Cancellations and Amendments are subject to the following terms:
  • Requests for amendments to this permit must be submitted in person or in writing.
  • Requests to amend or cancel with less than 30 calendar days before event date will be subject to an administrative fee.
  • Requests to cancel a permit with less than 14 calendar days’ notice will not be eligible for a refund. 30 calendar days’ notice is required for events with more than 75 people. The Applicant will be responsible for all applicable rental rates and fees.
• All bookings made within 14 calendar days are deemed as final, non-refundable, and non-transferrable.
• Any Applicant giving the City a cheque that is returned "Non-Sufficient Funds" may have the Applicant's rental cancelled, and will be charged an administrative fee. The fee and associated rental fees will be required to be paid within 72 hours of notice of the NSF or the permit will be terminated.

• The Applicant is responsible for all set up, take down, and cleaning of spaces rented and must:
  • Include set up and take down times within the rental times permitted
  • Notify the facility if setup/take down assistance is needed prior to the rental date. Additional fees may be applied and are subject to approval.
  • Clean up any decorations, wrapping, spills, or outside equipment brought into the space using the supplies and garbage provided.
• The Applicant will ensure that setup activities do not involve the installation of equipment, fixtures, or temporary structures that alters/damages the facility in any way including driving nails, hooks, tacks, or screws into any part of the facility, unless written Director approval is obtained. Setup will not block any doorways or fire exits.
• Failure to ensure the above will result in the Applicant paying to the City additional fees required for cleaning and/or damage repair.

• The Applicant is responsible for ensuring appropriate supervision of space, including:
  • Ensuring at least 1 adult is present for every 10 children for room/gym activities OR ensuring appropriate coach:participant ratios are adhered to as per the governing body.
  • Ensuring pool admission criteria is met for aquatic activities (see additional materials).
  • Activities conducted are safe, non-contact, and equipment is used safely and as per its intended use.
• The Applicant shall ensure that all participants wear the appropriate protective equipment as required by the activity, and that all equipment and supplies utilized in connection with the activity(s) for which this permit is being issued shall be in a safe and usable condition and shall not be such as to present a hazard to the user or other participants.
• The Applicant is responsible for notifying the facility immediately if there are any injuries during the rental, and may be required to provide information required to complete injury reporting.

• A certificate of insurance evidencing General Liability insurance with a minimum limit of Two Million ($2,000,000) per occurrence and naming the City of Hamilton as additional insured shall be provided at the time of signing the permit. Commercial General Liability Insurance is required for groups and organizations.

• Alternately, the Applicant may apply to obtain Game Day Insurance at a cost to be determined, and only for an approved activity.

• The Applicant hereby releases the City from liability for loss of life, personal injury and/or damage to or loss of property. The applicant shall defend, indemnify the City and save it harmless from any and all losses or claims, actions, demands, liabilities and expenses (including, without limitation, legal fees) in connection with loss of life, personal injury and/or damage to or loss of property: (a) arising out of any occurrence in or about the facility; (b) occasioned or caused wholly or in part by any act or omission of the Applicant or anyone else for whom it is responsible at law; or (c) arising from any breach by the Applicant of any provisions of this Contract. The foregoing indemnity shall survive the termination of the Contract notwithstanding any provision of the Contract to the contrary.

• Permits are subject to termination from the City of Hamilton in unforeseen circumstances or facility closures. Refunds will be provided however, no further compensation for losses will be given.

• In permitting the use of the Facility described herein, the City of Hamilton does not relinquish control or custody of the Facility and retains the right to enforce all applicable laws, policies, rules, and regulations. All portions of the Facility will at all times be under the charge and control of the City of Hamilton.

• The City of Hamilton representative or other authorized representatives of the City of Hamilton may enter upon the Facility at all times to make inspections to ensure compliance with this Agreement. If at any time the use of the Facility by the Applicant violates the City of Hamilton policies or rules or any applicable bylaw or law, the Applicant must immediately stop such use or must surrender the Facility upon demand of the City of Hamilton representative. The Recreation Division may at any time arbitrarily without notice or cause revoke a permit. The permit holder shall have no claims for damages against the Healthy and Safe Communities Department, Recreation Division of the City of Hamilton or their employees, servants or agents, resulting from said revocation.

• All locations host Public-Access Epinephrine Auto-Injectors (PAEAI) (excluding Stoney Creek Optimist Hall). The EAI is to be used in emergency first aid situations only. Should an anaphylactic reaction occur during your rental, the PAEAI may be used in this emergency first aid situation. 9-1-1 procedures should also be activated in all emergency situations.

• As the Rental Contract holder on this agreement you are responsible for notifying the City of Hamilton should the EAI be missing prior to your rental commencing or following use of the EAI in an emergency first aid situation during your rental. The City of Hamilton does not guarantee the presence of a PAEAI during your rental but does strive to maintain the availability of this first aid tool. Missing, used or expired PAEAI’s should be reported to 905-546-3747 or [email protected] with the location.

• Where this Contract authorizes the use and consumption of alcohol at the above facility, the following provisions shall apply. The Applicant acknowledges and agrees that the City of Hamilton Municipal Alcohol Policy ("MAP") is incorporated into and forms part of this Contract. The Applicant acknowledges receipt of a copy of MAP. The Applicant shall abide by all of the requirements and obligations in MAP. 
• The Applicant shall provide the City with a copy of its Special Occasion Permit or Caterer's Endorsement, as applicable, prior to its use of the facility and at any other time upon request. In addition, the Applicant shall post a copy of its Special Occasion Permit or Caterer's Endorsement, as applicable, in a clearly visible and conspicuous location in the facility. The Applicant shall provide proof of insurance in accordance with the requirements of MAP. Where there is any inconsistency between the provisions of MAP and the provisions of this Contract as they relate to insurance, the provisions which are more onerous shall apply and be given effect to. In the event MAP is amended or substituted by the City, the City shall notify the Applicant of the amendment (s) or substitution, and the same shall thereafter be incorporated into and form part of this Contract. Without limiting any of its rights pursuant to this Contract, MAP or otherwise at law, the City shall be entitled to terminate the Applicant's use of the facility, where the Applicant fails to comply with any provisions of MAP.
• A Damage Deposit will be required for any events serving alcohol. The Applicant is responsible for any costs related to repair of damage caused during its use and such costs will be deducted from the Applicants deposit and if the deposit is not sufficient to cover such costs, the City will look to the Applicant to cover all costs related to any and all damages.