Kirkham Fieldhouse Event Agreement
Thank you for selecting the Kirkham Fieldhouse for your event. Providing a clean, well-run and safe environment is of utmost importance to us. To ensure everyone’s satisfaction with our facility we ask you to please review the following terms and conditions and provide your sign-off upon acceptance.
This completed and signed user agreement hereby grants permission to and authorizes the “User” to use the desired Kirkham Fieldhouse facility specifically described in this agreement.
1. AUTHORIZED AREAS: User shall have the right to agreed upon rental area and agrees to not enter or utilize other areas within the facility without prior consent.
2. SECURITY CAMERA USAGE: User agrees to security camera usage within the facility.
3. ENTERING AND EXITING TURF FIELDS: in order to provide as much field rental time as possible we allow for back to back bookings of all fields. User agrees to not enter field area until specified time of rental. User also agrees to completely exit the field at specified end time of rental ensuring the field is ready for the next user by removing any trash or debris from the fields, breaking down and storing any equipment used during session, and ensuring all athlete’s gear (clothing, water bottles, etc.) is collected & stowed away for exiting.
4. USE OF EQUIPMENT: User agrees to use Fieldhouse equipment only with agreed upon consent. User may use their own equipment - which must be clean, neat and easily broken down and removable.
5. CLEANLINESS AND WASTE: User shall keep turf fields in condition they find them. Food, gum, sunflower or any other type of seeds, tobacco products are all strictly prohibited in turf field areas. Sports drinks are also prohibited - water and water bottles are preferred. Trash bins are easily accessible and shall be used to dispose of all trash. In User’s failure to do so, a $50 cleaning fee will be administered per occurrence.
6. PAYMENT FOR DAMAGES: User agrees to pay for any and all damages of whatever origin or nature, which may occur to the authorized areas, or any other parts thereof, as a direct result of User’s use of the facility for User’s event(s), during the term of this agreement. User agrees to pay for any and all costs incurred by the Kirkham Fieldhouse for the repair, replacement and/or restoration of those areas, to a condition equal to that which existed at the time this agreement became effective. User agrees to pay for any damages caused during the event, no later than ten (10) days after close of event(s).
7. MUSIC POLICY: User may play music at a reasonable volume level that does not interfere with other patrons within the facility.
8. PAYMENT POLICY: User agrees to pay invoice in full at least 10 days prior to event. In the event that Kirkham Fieldhouse does not receive full payment by this date, User’s event is subject to cancellation.
9. CANCELLATION POLICY: if a cancellation is necessary due to extraordinary circumstances, and upon approval of the Kirkham Fieldhouse, Kirkham Fieldhouse shall either refund or reschedule your event as determined by both User and Kirkham Fieldhouse.
10. INCLEMENT WEATHER POLICY: when inclement weather is forecasted and reasonably expected management will communicate its intentions for remaining open or closing on the day prior to expected inclement weather. Should the facility close, Kirkham Fieldhouse shall either refund or reschedule your event as determined by both User and Kirkham Fieldhouse.
11. IMAGING RIGHTS: User agrees to allow Kirkham Fieldhouse to capture imaging of User, User's employees, contractors, patrons, guests, invitees, or any other person(s) entering upon Authorized Areas for future marketing or promotional use unless opting out at the end of this agreement.
12. INDEMNITY: User shall defend and indemnify the Kirkham Fieldhouse, their officers, agents and employees, while acting within the scope of its duties, from and against any and all actions, suits, proceedings, claims and demands, including attorney's fees and court costs, expense(s) and liabilities of any kind or nature whatsoever (“Claims”) for injury to or death of person(s) or damage to property which may be brought and/or filed against, imposed upon or sustained by the Kirkham Fieldhouse, their officers, agents or employees, based upon or arising out of:
Any act or omission by User, User's officers, agents, employees, contractors, patrons, guests, licensees, invitees, or any other person(s) entering upon the Authorized Areas, with the express or implied invitation of User;
Any violation by User, User's officers, agents, employees, contractors, patrons, guests, licensees, invitees, or any other person(s) entering upon the Authorized Areas, with the express or implied invitation of User;
The use or occupancy of the Authorized Areas by User, User's officers, agents, employees, contractors, patrons, guests, licensees, invitees, or any other person(s) entering upon Authorized Areas, with the express or implied invitation of User.
This indemnity shall not include claims based upon, or arising out of, the sole negligence, gross negligence, or willful misconduct of the Kirkham Fieldhouse, their officers, agents and/or employees. Furthermore, this indemnity shall not require payment of a claim(s) by the Kirkham Fieldhouse, their officers, agents and/or employees, as a condition precedent to the Kirkham Fieldhouse's recovery under the same.
13. FORCE AND EFFECT: This agreement shall not have force and effect unless, and until the Kirkham Fieldhouse and User have executed the same, and the original hereof shall have been delivered to the Kirkham Fieldhouse. User covenants and agrees that full and faithful performance by User of all covenants, conditions and agreements on User’s part, to be performed, shall constitute a condition subsequent to the convenience of this agreement.
14. The undersigned has the legal authority to sign this agreement on behalf of the user.
This signed user agreement hereby grants permission to and authorizes the “User” to utilize the Kirkham Fieldhouse Facility for a specific purpose and/or area as described earlier in this agreement. By signing this agreement, both parties hereby enter into a legal and binding agreement.