LICENSE AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT dated this______day of______, _20____, entered into betweenHERMANTOWN ARENA BOARD (“Licensor”) and ______(“Licensee”). The Arena is located at 4309 Ugstad Road, Hermantown,Minnesota. Licensee wishes to use the Arena for ice related activities on the dates and times listed below (orattached on Exhibit A). This Agreement is subject to the following conditions:
License. This Agreement authorizes Licensee to use the ice surface, locker rooms, spectatorstands, public areas of the Arena, and areas of ingress and egress to such areas. Licensor shall also permitthe use of parking areas and other areas normally permitted to members of the public. The license covers onlythe time and date specified below and a period of up to 30 minutes before or after the rental times.
Persons Covered. Only the Licensee’s members, prospective members, and invitees arelicensed by this Agreement to use the Arena.
Rent. Licensee shall pay rent of $__TBD____ per hour for the dates and times specified. A $___TBD______deposit is required when scheduling the ice. Licensee is obligated to pay forthe dates and times listed below whether or not Licensee or its members appear at the Arena and use the ice. The balance of the rental amount shall be due and payable before the group enters onto the ice surface, unlesspayment arrangements acceptable to Licensor have been made in advance.
Licensor’s Duties. Licensor’s duties shall include advance preparation of the ice surface,maintenance of lighting, maintenance of the ice surface, and heating.
Reservation of Rights. Licensor reserves all rights not expressly granted to Licensee,including, but not limited to, the right to conduct other activities in the Arena, except activities on the icesurface. Licensor shall have the exclusive right to operate concession and food services within the Arena. Licensor reserves the right to eject any person for any reason which Licensor or its authorized agent or
employee, in its sole discretion, deems sufficient.
Permission Slips and Participant Releases. Licensee will obtain the written consent ofevery participant (and written consent of the parent or guardian for minor participants) in a manner and formsatisfactory to Licensor.
Responsibility for Safety. Licensee shall be responsible to inspect the facility subject to thisAgreement prior to each use and shall be responsible to bring to Licensor’s attention any potential problemsor defects. Moreover, Licensee shall be responsible for all crowd control while occupying the facility subjectto this Agreement.
Responsibility for Injuries. Licensee shall be responsible for any and all injuries to membersand invitees of Licensee incident to Licensee’s use of the Arena, including any injuries occurring on the icesurface, locker rooms, spectator stands, public areas of the Arena, public parking areas, and areas of ingressand egress to the Arena.
Assumption of Risk. Licensee and all members and invitees of Licensee using the Arena forany purpose under this Agreement assume all risk and danger incident to such intended use. These risks anddangers include, but are not limited to, the danger of being injured by the ice surface, pucks, hockey sticks,other skaters, skates, training apparatus, nets, other participants, members or invitees of Licensee, or anyother element incidental to the Licensee’s use of the Arena.
Release. Licensee hereby releases and discharges Licensor from any claims that it may havearising out of the use of the Arena pursuant to this Agreement.
Damages. Licensee is responsible for any and all damages to the Arena caused by Licensee,its members, or invitees. Licensee agrees that it will not permit members or invitees to mar or in any waydeface the premises and will not make or allow to be made any alterations of any kind to the premises,including but not limited to nails, hooks, screws, or removing or modifying any property of the Licensor withinthe Arena.
Insurance. Licensee will retain general liability insurance during the full term of the license.The insurance shall name the Licensor as an additional insured. The insurance shall have limits of not lessthan $1,000,000.00 per occurrence for injury and death and $25,000.00 per occurrence for property damage. This insurance shall provide that before any cancellations or reductions in coverage, the insurance companywill give Licensor at least 30 days prior written notice. Before this Agreement goes into effect, Licensee shalldeliver a Certificate of Insurance satisfactory to Licensor.
Hold Harmless. Licensee will indemnify, defend and hold harmless Licensor, its officers,agents, employees, and school board members from any claim caused by Licensee’s negligence.
Assignment. This Agreement may not be assigned by the Licensee.
Promotional Activity. Licensee agrees not to conduct any promotional activity, and not toadvertise any event or activity, within the Arena without prior written consent of the Licensor.
Binding Interest. This Agreement shall be binding upon Licensor, its successors andassigns. It shall be binding upon Licensee, its officers, employees, members, agents, and representativestogether with their heirs and assigns.
Entire Agreement. This Agreement constitutes the entire agreement between the parties.
IN WITNESS WHEREOF, the Licensor and Licensee have executed this Agreement.
LICENSOR
Date:______By______
Its___Office Manager______
LICENSEE
Date:______By______
Its______
RENTAL DATES AND TIMES (OR ATTACH EXHIBIT A):
DATE/ TIME: