GENERAL TERMS & CONDITIONS
- The Active Living and Culture Division reserves the right to negotiate with organizers of major events/tournaments which have significant impact City wide and will make the final decisions on facility bookings in relation to these matters.
- Code of Conduct: All individuals and groups accessing the City's facilities are required to respect and follow an expected standard Code of Conduct and comply with rental rules and regulations or will be subject to Facility banning procedures, termination of contract and/or suspension of rental privileges for one year.
- Agreements: Will be documented on the standard contract form and invoiced accordingly. The Agreement Holder is authorized to use only the Facility listed for the event, date and time as set out in the Agreement. All renters must adhere to the Terms & Conditions as set out in the Facility Use Agreement(s). All requested information must be received before starting date on the contract (e.g. proof of insurance coverage, field contact representative, league executive, league schedules).
- Assignment: The Agreement Holder will not allow any other person, group or organization to sub lease the Facility.
- All groups are advised to have a copy of the agreement on site during the event/booking for inspection as required.
- Agreement Changes: Any changes to the Agreement must be made in writing and signed by both the Agreement Holder and a signatory on behalf of the City. While all attempts to accommodate changes will be made, some changes requested less than 24 hours prior to or too close to (i.e. for Outdoor Events) the event may not be allowed.
- Rental Request Approval: The Director of Active Living & Culture or his/her designated authority reserves the right to approve, cancel or deny any rental request at the City's sole discretion.
- Cancellation by Agreement Holder: All bookings are subject to a cancellation fee. Cancelled bookings regardless of the number of days' notice will result in the forfeit of the Rental Deposit as outlined in (i) in the General Fees & Charges section. If the Agreement Holder delivers written notice of cancellation at least fourteen (14) days prior to the date of the event, the Agreement Holder is not required to pay the full Rental Fee for the event. If the Agreement Holder delivers written notice of cancellation within fourteen (14) days of the event, the full Rental Fees may apply. Transferability of rental deposit may be allowed at the sole discretion of the City.
- Thirty (30) days' notice is required for cancellation of arenas, ball diamonds, and outdoor facilities or full charges may apply. Some exceptions may apply - refer to specific information attached hereto. Groups that release booked time within the thirty (30) day period will not be subject to cancellation fees if the City is able to rent the Facility to another. Cancellation for tournament or special event: must be made thirty (30) days in advance or full charges may apply. The City encourages the development of new tournaments and may be flexible with its cancellation policies during the tournament's initial start-up year.
- Cancellation by City for Agreement Holder's Breach: Without limiting other remedies available to the City, the City may cancel this Agreement, prevent the Agreement Holder from holding the event or remove the Agreement Holder from the Facility during the event and in each of those cases keep the damage deposit if the Agreement Holder breaches any term or condition of this Agreement.
- Cancellation for other reasons: If the Agreement Holder is prevented from using the Facility on the date or dates set out in the Agreement for the event because a labour dispute is blocking access to the Facility or because a fire, flood, earthquake or other natural disaster has destroyed or damaged the Facility, the City may cancel the Agreement and may reimburse the Rental Fee and/or Deposit to the Agreement Holder.
- Compliance with Laws: The Agreement Holder must comply with all applicable Municipal, Provincial and Federal laws, regulations and bylaws in its use of the Facility. Failure to do so may result in termination of the Agreement and/or denial of future rental privileges.
- Concessions: The City has the sole and exclusive right to operate or lease out all concessions in or on City facilities. The Agreement Holder cannot conduct business and/or operate a concession to sell food, drinks, clothing or other goods at or from the Facility unless authorized under the Agreement. The Agreement Holder must also possess the appropriate City of Kelowna Business Licence and have an affiliation with a local firm. Exceptions may be permitted for non-profit sales such as club promotions and apparel, subject to approval by the City in consultation with the Facility Operator as detailed in the Facility Use Agreement(s).
- All use of Electrical Connections must be approved by facility staff and completed by a qualified contractor. Any additional connection requirements must be made by the Agreement Holder and all costs become their responsibility. An electrical permit from BC Safety Authority may be required and will be the responsibility of the Agreement Holder.
- Depending on size and nature of event, user group(s) may be required to meet with a designated City official to complete the Pre/post Event Checklist as part of the preparation and clean-up of tournaments or other special events.
- Facility Suitability: It is the Agreement Holder’s responsibility to assess the Facility and be satisfied that the Facility is suitable and safe for its event. The City makes no promises, warranties or representations as to the suitability of the Facility for the Agreement Holder’s event.
- Facility Access: Unless other arrangements are made the Agreement Holder will not be given any keys to the Facility and instead the Agreement Holder acknowledges that the Facility will be unlocked and locked by City staff or its agents, servants or contractors. (Not applicable to some park rentals).
- Facility Modifications: The Agreement Holder must not construct, erect, attach or cause or permit any device, fixture, sign, fence or decoration to be installed or attached in any way to any part of the Facility without the prior written consent of the City. Absolutely no ground penetration (stakes) or structures can be erected in City Parks without prior written consent of the City. The City reserves the right to cancel an event if ground conditions are such that use would result in significant damage to turf and/or park infrastructure.
- Facility Damages: User groups are required to cooperate with the City staff by reporting damages to facilities, equipment and unsafe conditions prior to the game/event or at their earliest convenience. The Agreement Holder shall be liable for any damage to the building occurring as a result of their use during the renter’s contract time.
- Vacating the Facility: The Agreement Holder and all guests must vacate the Facility by the end time indicated on the Agreement. The Agreement Holder acknowledges and agrees that if it does not do so, the damage deposit will be retained by the City. Clean Up: The Agreement Holder must leave the Facility in a clean, neat and tidy condition following the event so that the Facility is returned to the condition it was at the beginning of the Agreement. If the Facility is indoors, the Agreement Holder must clean the floors and clean and store any of the City’s chairs, tables and other equipment that the Agreement Holder was permitted to use.
- Fire Code Regulations & Evacuations: The Agreement Holder shall not permit over-crowding by spectators and/or participants in excess of the limits set by the Fire Commissioner, and shall not permit blocking of hallways, exits, etc. with equipment. The Agreement Holder shall strictly adhere to all Fire Code regulations and follow the evacuation procedure for the facility.
- First Aid is the responsibility of the Agreement Holder/user.
- No Liquor Unless Permitted: The Agreement Holder must not allow alcohol to be sold, offered for sale or consumed at the Facility/Event unless authorized under the Agreement and a Special Event Permit has been approved. The Agreement will specify which locations are approved for liquor consumption.
- If Liquor Permitted:
- Indoor Venues - the Agreement Holder must not allow alcohol to be brought to the Facility/Event by participants or persons attending. All permitted alcohol must be supplied and served by the Agreement Holder. The Agreement Holder must complete a City of Kelowna “Special Event Permit” (formally known as Special Occasion Licence) application, to be approved by the Director of Active Living & Culture or his/her designate before obtaining a liquor permit. The Agreement Holder must then obtain and display at the event site, a valid liquor license from the Province which must comply with regulations of the Liquor Control and Licensing Branch, Ministry of Public Safety and Solicitor General. A security person as contracted by the City must be on the premises during the event and the Agreement Holder will be responsible to pay for this service. No liquor to be served or consumed outdoors.
- Outdoor Events – Outdoor Events section 3.3.4 applies.
- Host Liquor Liability Endorsement: The Permit Holder, together with all of its subcontractors (as applicable), shall provide evidence of Host Liquor Liability coverage by way of either a separate Endorsement to their Comprehensive General Liability Insurance or specific language to be included in the Certificate of Insurance confirming coverage is not excluded.
- The Agreement Holder must comply with the Designated Drive Awareness Program as per Council Policy 310.
- Litter Control: Permit Holders are responsible for collection and removal of litter generated by their event including litter and broken glass from the parking area and all areas between the parking area and the Facility at the conclusion of the event. Charges will apply for any clean up done by City Staff.
- The City reserves the right to protect Marquee Events by limiting the ability of an event of a similar nature to rent city facilities if, in the City’s opinion, the new request would endanger the viability of the existing Marquee Event.
- No Smoking: The Agreement Holder shall not permit anyone to smoke in the Facility except in designated smoking areas. Smoking is not permitted within three (3) metres of public or workplace doorways, open windows or air intakes (i.e. a “buffer zone”). For Facilities located in recognized parks, the Parks & Public Spaces Bylaw #6819-91 applies which includes but is not limited to No Smoking.
- Removal of Goods & Chattels: The Permit Holder undertakes and agrees to remove all the goods and chattels of the Permit Holder on or before the termination of this Agreement. In the event that the Permit Holder shall fail to remove such goods and chattels as aforesaid, the City may remove and store goods and chattels at the expense of the Permit Holder and the City shall not be liable for any damage to or loss of the said goods and chattels during such removal or storage, or both. The City may deduct appropriate charges from the Damage Deposit. All equipment, displays, moneys and other goods and chattels of the Licensee brought onto or into the City Facility shall be the sole responsibility of the Permit Holder and the City shall not be liable for any damage to or loss of such equipment, displays, moneys and other goods and chattels from any cause whatsoever.
- Right of Entry: The Permit Holder agrees that the Director of Active Living & Culture or such other person(s) designated from time to time to carry out the functions of the Manager of the Facility or Park for purposes of this Agreement, together with any agents or employees of the City, shall at all reasonable times be entitled to enter upon and inspect the City Facility and to make such alterations, repairs or additions as may be necessary in the opinion of the Director or designated person for the safety and preservation of the Facility.
- Security: The City may require that a renter pay for additional services of bonded uniformed security personnel at certain functions or at Parkinson Recreation Centre when the rental takes place outside the usual operating hours and may stipulate the number and duration of time for such personnel.
- Statutory Holidays and after-hours events: Any event going beyond the normal hours of the City’s working schedule including special events on a Statutory Holiday will be required to pay the additional labour costs at the applicable rate as per the CUPE Collective Agreement. Any requests for facility rentals on a Statutory Holiday will be considered on an individual basis.
GENERAL FEES & CHARGES
All fees and charges are as outlined in the ACTIVE LIVING & CULTURE FEES AND CHARGES BYLAW NO. 9609. Additional information relating to fees & charges is located in the applicable section of this document.
- For fees that increase by an annual percentage and are established by ratio, the increase will be calculated on the applicable base rate and the ratios will be maintained.
- Non-Profit rates include non-organized community use (i.e. one time private rentals). Non-Profit organizations must provide proof of status to receive Non-Profit rates.
- Each contract is to be paid according to the Terms identified within.
- Payment options include cash, cheque, Visa, MasterCard and Debit Card. The City reserves the right to demand prior payment, of any charges, at the time of signing the Agreement, which will apply in the case of most bookings received from distant points (out of town).
- Credit card transactions are limited to one transaction up to a maximum of $1,000 per season.
- Rentals may be subject to a minimum charge.
- In the event of a rate change, the rate charged will be the rate that is or will be applicable at the time of the rental.
- Payment by casual users is due in advance of use. No exceptions.
- Damage Deposit: The Agreement Holder is liable for any damages and must provide a Deposit to the City 7 days in advance of the event. The City reserves the right to determine the amount of the Damage Deposit based on the nature and location of the event and the Agreement Holder agrees that the City may keep all or part of the Deposit as a payment toward the repair of damage to the Facility and/or to cover any outstanding charges. If damages exceed the amount of the deposit the Agreement Holder will pay all additional amounts owed. Even though the City may keep the Deposit, the City is still entitled to pursue other legal remedies to pursue amounts owing from the Agreement Holder.
- Rental Deposit: A non-refundable rental deposit is due and payable at the time of booking to secure the rental. The amount is dependent upon the Agreement total and any exceptions are noted in the applicable section of this policy. If the rental amount is paid in full at time of booking, the equivalent of the rental deposit will be retained as non-refundable.
- Deposits for tournaments and special events in aquatic facilities, arenas, sports fields stadiums and/or outdoor events will be based on:
- First Time Renters - 25% of the total rental fee upon confirmation by the City on the allocation of the facility for the event.
- Traditional Status Renters - 10% of the total rental fee upon confirmation by the City on the allocation of the facility for the event.
- Balance of rental fee must be paid seven (7) days in advance of the first date of use.
- Returned Payment Fees: The City of Kelowna’s current service charge will be applied on all returned payments. Three (3) occurrences of returned payments will require all future payments to be made in cash or by certified cheque.
- Overdue Accounts are subject to interest as per Council Policy 340 or being sent to collections which may result in the termination of privileges for booking, registering or admission to any City of Kelowna facilities or programs until account is paid in full.
- Any organization being favoured with a Grant-In-Aid or rent free usage of a Facility, must also sign an Agreement for the Facility in the usual manner and the rental charges will be paid for internally by the City. Reference Council Policy 58 Grant-in-Aid Funding Requests.
- At the discretion of the Director of Active Living & Culture and/or his/her designated authority may, from time to time, approve alternate payment arrangements based on registration timelines and cash flow. It is the responsibility of the Agreement Holder to clearly demonstrate a need to an alternate payment plan.
- The Director of Active Living & Culture or his/her designate is able to negotiate a rate with large commercial or institutional rentals that book significant facility space during non-prime time hours, as long as the negotiated rate is within 20% of the set commercial rate. The purpose of this policy is to facilitate the development of sport tourism and sport development opportunities that further utilize facility space.
- Interest: Any amounts owing by the Agreement Holder to the City after the time payment is due will bear interest at the current City of Kelowna rate, calculated monthly not in advance.
- Refunds: Will be paid in the same manner as the original payment, i.e.: credit or debit card transactions will be refunded back to the card. The Director of Active Living & Culture or his/her designated authority may, from time to time, approve alternate payment arrangements based on each individual circumstance where refunding in the same method is not reasonably possible.
- Tariffs such as Socan, Resound and others that are established in the future, by law, will be charged to contracts as applicable.
- Extra fees such as but not limited to: field lining, goal post changes, event setup/takedown, janitorial, security, Technician time, equipment surcharge etc. as required may be charged and will be based on actual costs when possible unless otherwise stated.
All renters of City of Kelowna Facilities will be responsible to have comprehensive General Liability Insurance as described in the following sections:
- All Sport Insurance - the City of Kelowna can forward a request and payment directly to All Sport Insurance Marketing Ltd. as a service to the renter - the City is not an insurance agent, broker or representative of All Sport Insurance. Fees and information schedules are available at Parkinson Recreation Centre and the Sport Kelowna Office. Note: this insurance is not available for PRC kitchen only rentals.
- Insurance Company of choice – should a renter choose or is required to purchase insurance at the Insurance Company of the renter’s choice, the insurance requirements required by the City of Kelowna are provided below:
- Renter to Provide
Renter shall without limiting its obligations or liabilities under the permit/contract, procure and maintain at its own expense and cost, the insurance policies listed with limits no less than those shown in the respective items, unless the City advises in writing that it has determined that the exposure to liability justifies less limits. The insurance policies shall be maintained continuously from commencement of the Agreement until the date of termination of the Agreement or such longer period as may be specified. Certificates are to be sent from the agent directly or an email trail proving the source of origin is required.
- Worker’s Compensation Insurance covering all employees of the renter engaged in the contract in accordance with the statutory requirements of the province or territory having jurisdiction over such employees;
- Comprehensive General Liability Insurance providing for an inclusive limit of not less than $2,000,000.00 for each occurrence or accident;
- Providing for all sums which the renter shall become legally obligated to pay for damages because of bodily injury (including death at any time resulting there from) sustained by any person or persons or because of damage to or destruction of property caused by an occurrence or accident arising out of or related to this rental agreement or any operations carried on in connection with this rental Agreement;
- Including coverage for Participant Injury, Products/Completed Operations, Blanket Contractual, Contractor’s Protective, Personal Injury, Contingent Employer’s Liability, Broad Form Property Damage, Tenant’s Legal Liability and Non-Owned Automobile Liability;
- Including a Cross Liability clause providing that the inclusion of more than one Insured shall not in any way affect the rights of any other Insured hereunder, in respect to any claim, demand, suit or judgment made against any other Insured.
- Automobile, Aircraft and Watercraft Liability Insurance covering all motor vehicles, aircraft or watercraft owned, operated and used or to be used by the Exhibitor directly or indirectly in the performance of the Contract. The Limit of Liability shall not be less than $2,000,000 inclusive, for loss or damage including personal injuries and death resulting from any one accident or occurrence.
- The City Named as Additional Insured
The policies required shall provide that the City is named as an Additional Insured there under and that the said policies are primary without any right of contribution from any insurance otherwise maintained by the City.
- Certificate of Insurance
The renter agrees to submit Certificates of Insurance, as supplied by the City and made a part hereof, for itself and to the Recreation Manager at the City prior to commencement of the rental Agreement. Such certificate shall provide that thirty (30) days’ written notice shall be given to the Sport and Event Development Manager of the City, prior to any material change or cancellation of any such policy.
- Other Insurance
After reviewing the rental Certificate of Insurance, the City may require other insurance or alterations to any applicable insurance policies in force during the period of the rental Agreement and will give notifications of such requirement. Where other insurances or alterations to any insurance policies in force are required by the City and result in increased insurance premium, such increased premium shall be at the renter’s expense.
- Additional Insurance
The renter may take out such additional insurance, as it may consider necessary and desirable. All such additional insurance shall be at no expense to the City.
- Insurance Companies
All insurance which the renter is required to obtain, with respect to the Agreement, shall be with insurance companies registered in and licensed to underwrite such insurance in the Province of British Columbia.
- Failure to Provide
If the renter fails to do all or anything which is required of it with regard to insurance, the City may do all that is necessary to affect and maintain such insurance and any monies expended by the City shall be repayable by and recovered from the renter. The renter expressly authorizes the City to deduct from any monies owing by the renter to the City or otherwise accepts that the City will invoice the renter for costs incurred to insure.
- Proof of Insurance:
The Agreement Holder must provide proof of liability insurance appropriate for the Facility Agreement use, to the City at least 48 hours (21 days for Outdoor Event Applications/Permits) prior to holding its event at the Facility. If proof of insurance is not provided to the City within the time required, the City may cancel this Agreement, prevent the Agreement Holder from holding its event, and retain the Deposit.
- Theatre rentals are an exception where if proof of insurance is not provided prior to the event, the City will apply for All Sport Insurance on the renter’s behalf and will invoice the renter.
- Softball leagues – teams must provide proof of coverage for damage to third party property/injury to third parties not directly involved in the event/game and/or occur outside the venue. Confirmation can be included on the certificate of insurance provided to the City.
- User Group Insurance (if applicable):
If the City has accepted insurance for the Agreement Holder as required for any program whereby the City has collected fees for such insurance, it is understood that the City is NOT an agent or broker of insurance and makes NO representations or warranties with respect to the appropriateness of such insurance whatsoever. Agreement Holders are strongly encouraged to consult a licensed insurance broker and/or legal advisor regarding insurance for their activities related to this Agreement. The City’s acceptance of insurance as meeting the requirements, in no way limits the liability of the Agreement Holder.
- Hold Harmless:
The Agreement Holder shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City, its elected officials, officers, employees and agents (the Indemnities) including but not limited to damage to or loss of property and loss of use thereof and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this permit/contract, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities.
The Agreement Holder shall defend, indemnify and save harmless the Indemnities from and against all claims, demands, actions, proceedings and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of the Agreement, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities.
- Joint and Several Liability:
If the Agreement Holder is composed of more than one person (whether that person is an individual or a society or a company), each person is jointly and severally responsible for complying with all the terms of this Agreement.
As a condition of being granted permission to hold an event on public property, all applicants must agree to the City of Kelowna's General Terms & Conditions as listed above. Depending on the nature of your event, further terms & conditions may be created throughout the permitting process.