Event Pool Book Template

EVENT POOL BOOK TEMPLATE

This Event Pool Booking Agreement (the Agreement) is entered into by the parties identified below on the Effective Date indicated. Client Name: Facility Owner Name: Effective Date:

WHEREAS

WHEREAS, Facility Owner operates and maintains the aquatic facility located at (Facility); and

WHEREAS, Client desires to reserve and use the Facility for a specified event under the terms, conditions and limitations set forth herein; and

WHEREAS, Facility Owner agrees to make the Facility available for the event subject to the terms below and applicable safety and regulatory requirements.

SCOPE OF WORK

Facility Owner will provide access to the Facility and ancillary services described below for the Client's event. The specific responsibilities, deliverables and limitations are set forth and described in the Scope of Work.

EVENT DETAILS

PAYMENT TERMS

Client agrees to pay Facility Owner the fees and charges specified below in accordance with the schedule. All amounts are stated in U.S. dollars.

Deposit is non-refundable except as expressly provided in this Agreement. If payment is not received by the Balance Due Date, a late fee of will apply and interest will accrue thereafter at the lesser of the maximum lawful rate or .

TERM AND TERMINATION

The term of this Agreement commences on the Event Date and continues until completion of the services described in the Scope of Work unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the Notice Period. Facility Owner may cancel the reservation for safety, health, or regulatory reasons without liability other than refund of amounts paid for unused portions of the booking, unless Client's acts or omissions cause such cancellation.

CONFIDENTIALITY

Each party acknowledges that in connection with the performance of this Agreement it may receive Confidential Information of the other party. “Confidential Information” means non-public business, technical, financial or other information disclosed in tangible or intangible form and identified as confidential or that reasonably should be understood to be confidential given the nature of the information.

Receiving party shall: (a) hold confidential information in strict confidence, (b) use it solely to perform obligations under this Agreement, and (c) restrict disclosure to employees, agents, contractors or subcontractors with a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidential Information does not include information that is or becomes publicly available without breach, was rightfully known prior to disclosure, or is independently developed.

LIABILITY, INSURANCE AND INDEMNIFICATION

Client acknowledges the inherent risks associated with aquatic activities. Client shall be responsible for the conduct of attendees and shall ensure compliance with posted rules and Facility Owner's directions. Client shall obtain and maintain at its expense comprehensive general liability insurance including premises and operations coverage with limits not less than per occurrence and name Facility Owner as an additional insured for the event.

Client shall indemnify, defend and hold harmless Facility Owner, its officers, employees and agents from and against all claims, liabilities, damages, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of Client's or attendees’ negligent acts or omissions, breach of this Agreement, or violation of law, except to the extent such claims arise from Facility Owner's gross negligence or willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Venue for any dispute shall lie in the state or federal courts located in that State.

ENTIRE AGREEMENT

This Agreement, including any attached exhibits and the Scope of Work, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral. Any amendment must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing herein creates any partnership, joint venture, employment, or agency relationship. Client shall not assign this Agreement without Facility Owner’s prior written consent.

Notices required under this Agreement shall be in writing and delivered to the addresses specified below or as otherwise communicated in writing by the parties.

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