Aquatic Centre Facility Use Agreement

AQUATIC CENTRE FACILITY USE AGREEMENT

THIS AGREEMENT is entered into as of between Facility Name: (hereinafter "Facility Operator") and Client Name: (hereinafter "User").

WHEREAS

WHEREAS, Facility Operator owns and operates aquatic facilities located at and is willing to permit limited use of the facilities under the terms set forth below;

WHEREAS, User seeks to use the aquatic facility for the purpose of and agrees to comply with Facility Operator rules and applicable laws;

WHEREAS, the parties desire to set forth the terms and conditions governing such use.

SCOPE OF WORK

USE SCHEDULE AND CAPACITY

Event Date(s):   Start Time:   End Time:

PAYMENT TERMS

Total Fee: $   Deposit: $   Deposit Due By:

Late Payment Fee: A late fee of applies to overdue amounts. In addition, Facility Operator may suspend further use until all sums due are paid in full.

TERM AND TERMINATION

Term Commencement Date:   Term End Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days following written notice. Facility Operator may immediately suspend or terminate use for safety, regulatory noncompliance, or inclement weather without liability for refund beyond any pro rata unused time, subject to the refund provisions set forth herein.

INSURANCE; INDEMNIFICATION; LIABILITY

Insurance Requirements: Prior to facility access, User shall provide evidence of commercial general liability insurance with limits of not less than naming Facility Operator as an additional insured where applicable. Policy Provider: Policy Number:

Indemnification: User shall defend, indemnify, and hold harmless Facility Operator, its officers, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or connected with User's use of the facility, acts or omissions of User or User's invitees, except to the extent caused by Facility Operator's gross negligence or willful misconduct.

Assumption of Risk: User acknowledges that aquatic activities involve inherent risks including drowning, bodily injury and property loss. User assumes all such risks and agrees to ensure appropriate supervision and safety measures consistent with applicable laws and Facility Operator rules.

SAFETY, STAFFING, AND RULES

Lifeguard Requirement: Lifeguards provided by Facility Operator:   If User elects to provide lifeguards, lifeguard credentials and names must be submitted in advance for approval.

User shall ensure all participants adhere to posted rules and any instructions issued by Facility Operator staff. Failure to comply may result in immediate removal and termination of this Agreement without refund.

DAMAGE; SECURITY DEPOSIT

Security Deposit: $ will be held to secure performance. Damage: User is responsible for cost of repair or replacement for any damage caused by User or invitees. Unused portion of the deposit will be returned within a commercially reasonable period following inspection.

CONFIDENTIALITY

Definition: "Confidential Information" means non-public business, technical, financial and operational information disclosed by one party to the other in connection with this Agreement. Exclusions: Confidential Information does not include information that is or becomes publicly available without breach, independently developed, or rightfully received from a third party.

Obligation: Each party shall use Confidential Information solely to perform its obligations hereunder and shall not disclose such information to any third party except to its employees, agents or contractors who have a need to know and who are bound by confidentiality obligations no less restrictive than those herein. This obligation shall survive for two (2) years following termination of this Agreement.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in that state.

ENTIRE AGREEMENT

This Agreement, including any attachments, exhibits and written addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations, whether oral or written. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

NOTICES

MISCELLANEOUS PROVISIONS

Assignment: User shall not assign or subcontract its rights or obligations under this Agreement without prior written consent of Facility Operator. Any attempted assignment without consent shall be void.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

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