ThisEVENT CENTREFACILITY USE AGREEMENT dated as of the day of, 20.
BETWEEN:
THE UNIVERSITY OF MANITOBA
(hereinafter referred to as the “University”)
- and -
(hereinafter referred to as the “User”)
License to use the Event Centre
- Schedule “A” attached hereto identifies the facilitiesin the University Event Centre intended to be used by the User for the Event (the “Facilities”).
- The User shall have use of the Facilitiesat the times set out in Schedule “A”.
- The User shall use the Facilities only for the purposes described in Schedule “A” (the “Event”).
- The User shall not use the Facilities in a manner which interferes with the educational, research and other activities of the University. The Event shall not be of a nature which, in the reasonable opinion of the University, would bring the reputation of the University into disrepute.
- Following completion of the Event, the User agrees to immediately restore, at its sole expense, the Facilities to its condition at the commencement of the Event; normal wear and tear, as reasonably determined by the University, excepted. The User is responsible for any damage to the Facilities in the course of the Event, caused by the User or any person who attends on the Facilities with the express or implied permission of the User. The User will be invoiced for any damage or clean-up costs incurred by the University following the Event.
- If the Event will occur outside of normal business hours, the User shall arrange with the Smart Park Event Liaison (204-474-7818) to collect and return the access key card at 3rd floor, Event Centre, 100 – One Research Road.
Food & Beverages
- Food and beverage services required by the User shall be set out at Schedule “B” (“Food and Beverages”).
- Food served and consumed at the Event may be purchased from the University’s food services provider.
- The sale and service of all alcoholic beverages maybe managed by the University’s food service provider, or by such food service provider as may be arranged by the User provided that such food service provider is licensed by the MLCC to serve alcohol at the Event. The User may also apply to the MLCCfor an “occasional permit” to provide complementary alcohol to certain guests, in which case the User must make such arrangements through the University’s Special Functions Department at least 15 business days prior to the Event. The University makes no representation as to whether an “occasional permit” will be available.
- The User shall be solely responsible for ensuring compliance with The Liquor Control Act and regulations, and with all requirements of the Manitoba Liquor Control Commission (the “MLCC”).
Additional Services
- Any additional services required by the User shall be set out at Schedule “B” (the “Additional Services”). Additional Services may include any type of service agreed upon by the parties, such as special parking arrangements, equipment rental, audio/visual assistance, security, physical plant support, unusually demanding use of services, etc.
- No special arrangements have been made in regard to parking for the Event, except as noted in Schedule “B”, and the User shall comply with the University’s parking regulations. There may be a cost associated with special parking arrangements.
- The parties acknowledge that the University is bound by the terms of various collective agreements, requiring union members to perform certain functions on the Facilities. The User agrees that it will utilize appropriate University employees for Additional Services as required by these collective agreements, and reimburse the University the actual cost thereof.
- To the extent that the Additional Services include the rental of equipment, the User agrees, at the conclusion of the Event, to immediately restore, at its sole expense, the equipment to its condition at the commencement of the Event; normal wear and tear, as reasonably determined by the University, excepted. The User is responsible for any damage to the equipment in the course of the Event, caused by the User or any person who attends on the Facilities with the express or implied permission of the User. The User will be invoiced for any damage or clean-up costs incurred by the University following the Event
Payment
- In consideration of the license and covenants of the University, the User agrees to pay to the University the Event License Fees set out in Schedule “C” (the “Fees”). Any deposit shall be due and payable upon signature of this Agreement. The balance of the Fees shall be invoiced by the University no earlier than 30 days prior to the commencement of the Event. Payment shall be due within 10 days of the date of invoice.
- Payment for Food and Beverages arranged through the University’s food service providershall be on such terms as arranged between the User and the University’s food service provider or Special Functions Department, whichever is applicable. Schedule “C” will indicate if such amounts are included in the Fees, or to be invoiced separately.
- Payment for Additional Services shall be on such terms as arranged between the User and the University or the University’s Special Functions Department, whichever is applicable. Schedule “C” will indicate if such amounts are included in the Fees, or to be invoiced separately.
- All amounts listed in Schedule “C” are exclusive of applicable taxes.
- Where separately invoiced, payment for Food and Beverages or for Additional Services is due 30 days from the date of the invoice.
- Interest is payable by the User to the University on any overdue amounts at the rate of 12% per annum.
Liability & Insurance
- During its use of the Facilities, the User shall take reasonable precautions to ensure the safety and security of all persons who may enter the Facilities or be otherwise affected by the Event.
- The User hereby agrees that the University, and its employees, officers, agents, and contractors shall not be liable for any injury (including death), loss or damage to the person or Facilities of the User or any employee, officer, member, agent, or contractor of the User, resulting from, or in any way attributable to the User’s use of the Facilities hereunder, even where such injury, loss or damage is the result of a negligent act or omission of the University, or its employees, officers, agents, or contractors. Notwithstanding, the University shall still be liable for any intentional misconduct on its behalf, or on behalf of its employees and officers.
- The User shall at all times indemnify, save and hold harmless the University, its employees, officers, agents, and contractors from every claim, demand, cost, expense, injury (including death), loss, or damage in any manner based upon, arising during, occasioned by, resulting from, or in any way attributable to the User’s use of the Facilities hereunder.
- The User shall take out and keep in full force and effect throughout the term of this Agreement, comprehensive general liability insurance in the amount of $2,000,000.00 against bodily injury (including death) and Facilities damage on terms and in an amount satisfactory to the University, as set out on Schedule “A”. Where requested, the University shall be named as an additional insured on this policy but only with respect to claims arising out of the Event.
- Where requested, the User shall deliver to the University a copy of a satisfactory Certificate of Insurance, at least 15 business days in advance of the commencement of the Event.
Contacts
- All specific arrangements or approvals required are to be made with the Event Liaison identified in Schedule “D”, who will act as the coordinator for the University in the implementation of this Agreement.
- The User shall provide the name of a User Contact, to be listed on Schedule “D”.
General Terms
- This Agreement shall be governed by the law of the Province of Manitoba and Canada. Any dispute hereunder shall be referred to the exclusive jurisdiction of the Court of Queen’s Bench (Winnipeg Centre).
- This contract may be terminated before the conclusion of the Event:
a.By the University:
(i)Without cause, on 90 days notice;
(ii)Immediately, if the User fails to pay the Fees, or fails to pay the Fees within the required time;
(iii)Immediately, if the User breaches section 4,9 or 24of this Agreement; or
b.By the User:
(i)Without cause, on 30 days notice;
(ii)If the University breaches any term of this Agreement, provided that the University is given at least five days to remedy the breach.
- If this Agreement is terminated by the User under subsection 29(b)(i),the deposit listed in Schedule “B” shall be retained by the University as an agreed representation of liquidated damages, and not as a penalty. All other funds shall be returned by the University.
- Neither party shall be liable for failure to fulfill obligations under this Agreement, where such failure results from strikes or work stoppages, legal restrictions, weather, fire, natural disasters, or any other unavoidable occurrence.
- Any term of this Agreement which, by its nature, extends beyond expiration or termination will remain in effect until fulfilled.
- This Agreement may not be assigned by the User without the written consent of the University. No sub-letting of the Facilities is permitted without the written consent of the University.
- The User will comply with all:
(a)federal, provincial and municipal laws, including all applicable fire codes and capacity ratings;
(b)reasonable rules or requests of the University with regard to the Event; and
(c)relevant policies, by-laws and regulations of the University, which are available for review on the University’s website.
IN WITNESS WHEREOF the parties have duly executed this Agreement effective as of the day and year first above written.
THE UNIVERSITY OF MANITOBA
______Per:
Witness Director, Property Development and Management
______Per:
WitnessTitle:
S:\Legal\Smartpark\2015\Event Centre Facility Use Agreement.doc
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SCHEDULE “A”
The Event, Facilities, and Use
EVENT NAME:
FACILITIES:The Event Centre
TIME OF USE:[] see attached; or
From: the day of , 2 at am/pm
To: the day of , 2 at am/pm.
PURPOSE OF USE:
Estimated number of attendees:
INSURANCE REQUIREMENTS:
Amount of coverage: $ 2,000,000
[] University as additional insured
[]Certificate of Insurance required
SCHEDULE “B”
Food & Beverages, and Additional Services
FOOD & BEVERAGES[] see attached; or
ADDITIONAL SERVICES:[] see attached; or
Special parking arrangements:
Equipment Rental:
Audio/visual assistance:
Physical plant support:
Security requirements:
Unusually demanding use of services(electrical, water, communication, etc.):
Other services:
SCHEDULE “C”
Event Licence Fee
TOTAL LICENCE FEE:$
Deposit$ (due on signing)
Balance$ (due on invoice)
FOOD & BEVERAGES (if applicable)
[]Included in licence fee
[]To be invoiced separately
ADDITIONAL SERVICES (if applicable)
[]Included in licence fee
[]To be invoiced separately
SCHEDULE “D”
Contacts
UNIVERSITY EVENT LIAISON
Event Liaison Name:Lori Kroeger
Mailing Address:Campus Planning Office
Event Centre-3rd Floor
100-One Research Road
Winnipeg MB R3T 6E3
Phone: 204-474-7818
Fax: 204-474-7453
Email:
UNIVERSITY EMERGENCY/AFTER HOURS CONTACT
Larry Paskaruk
Cell Phone: 204-297-6266
USER CONTACT
User Contact Name:
Mailing Address:
Phone:
Fax:
Email:
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