Standard Terms and Conditions

‘’Licensee’’ to mean: Organisation / individual renting the space, its directors, servants, agents, volunteers , authorised signatories and/ or all other members of the organisation who have authority to bind the organisation.

“Licensor” to mean: Major League Sportsplex / Pure sports Hockey.

IN CONSIDERATION of the payment of the rentals fees as set out, and of the mutual covenants herein contained and of other good and valuable consideration the receipt and sufficiency of which is acknowledged by the parties hereto, 2573246 Ontario Inc. o/a Major League Sportsplex grants the Licensee  authorization to use its facilities located at  641 Danforth Road, Scarborough, ON, M1K 1G1 (hereinafter individually or collectively as the content may require referred to as the “Facility” and Major League Sportsplex ) as indicated below.

A.   TERMS AND CONDITIONS hereto agreed by both “Licensee “and “Licensor “

1.  The Licensee guarantees to pay for all of the time as stated on this agreement.  All spot bookings over and above the contract will be paid at the time of booking.  All seasonal rentals will be paid according to the schedule on the agreement.

2.  There will be a $250 charge made for an NSF cheque for payment of rental time.

3.  Cancellation/Termination: Licensee can cancel the contract before the contract start date by giving 3 months’ notice; such notice period should end on or before the start date of the contract.

4.  Cancellation will be subject to following restrictions. 

a.  All deposit / payments as per the payment schedule falling before the end of the notice period will be fully payable by the Licensee and if already paid; will be forfeited by the Licensee.

b.  Licensee will forfeited the right to cancel the contract after the start date of the contract and full contract amount will be payable irrespective of licensee’s use of its time.

c.  Any invoice not paid by the due date will be charged an interest of 2 % per month calculated on daily basis. Any payment made; after interest has been accrued; will first be applied to interest, recovery charge and then to the principle amount.

5.  Force Majeure events: Licensor may be required to cancel booking for any given day or days due to issues out of licensors controls. These events could be extreme weather events, acts of gods, failure of utility (Electricity / Water / Natural Gas) by utility providers, failure of critical equipment required to operate the facility, any damage to facility infrastructure which will deem facility not usable. In all such cases Licensors responsibility will be limited to providing an alternate time slot to compensate for the lost time. Licensor will not be liable for any other loss or claim from licensee arising out of such cancellation / rescheduling.

6.  Licensee and Licensor hereby agree that they will not release any information contained in this contract to any third party without prior approval from one of the authorised signatories, who have signed this contract.

7.  The Licensee agrees that MAJOR LEAGUE SPORTSPLEX has the right to change or cancel in whole or in part any or all including but not limited to the dates and/or times of this rental agreement at its sole discretion under any circumstances deemed necessary by MAJOR LEAGUE SPORTSPLEX by giving notice in writing to the authorised signatory and that the MAJOR LEAGUE SPORTSPLEX, shall not be held liable in any manner whatsoever for any losses, claims or damages resulting from change or cancellation. 

8.  Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

9.  Use of Facility: The agreement allows renter to use the facility for sports related activities which is conducting its business as Not for Profit organisation. Licensee is not allowed to host or conduct any For profit / political / religious events.

10.  The notice requirement will be as follows

a.  7 days’ notice for changing date / time of rental, with 2 alternate date and time of rental for the licensee to choose from.

b.  15 days of notice for cancellation of agreement at licensor’s sole discretion; 

i.  due to non-conformance of the licensee of the terms of this agreement.

ii.  3 NSF cheque payments.

iii.  5 written warning about the violation regarding use of facility as per schedule B

iv.  Any act or behavior while on facility directly attributed to licensee’s employees, servant, agent and invitees which results in any kind of involvement by law enforcement agencies.

B.   ACKNOWLEDGEMENT OF RISK RELEASE AND WAIVER OF LIABILITY

See Schedule ‘A’ attached hereto which forms part of this Agreement, and must be executed by the Authorized Signatory on behalf of the Licensee, and witnessed.

C.  RULES AND REGULATIONS

See Schedule ‘B’ attached hereto, which forms part of this Agreement and must be executed by the Authorized Signatory on behalf of the Licensee, and witnessed.

THE UNDERSIGNED herby confirms and represents that he/she is authorized to act and sign on behalf of the Licensee.  The undersigned further confirms that he/she has read and agrees to the Acknowledgment of Risk Release and Waiver of Liability and the Rules and Regulations attached hereto as Schedules ‘A’ and ‘B’ respectively.  The undersigned acknowledges that he/she is executing this Agreement as the authorized signatory of the Licensee and further agrees to personally accept responsibility for and guarantee the obligations of the Licensee hereunder

SCHEDULE A: ACKNOWLEDGEMENT OR RISK RELEASE AND WAIVER OF LIABILITY

1.  The undersigned hereby covenants and agrees for himself/herself and any other servant, agent, invitee, guest, spectator, organization, employee, member or any other person or group in any way affiliated with him/her (collectively the “Licensee”) in the use of the Facility or participation in any activity taking place at the Facility that they shall be solely responsible for all claims, demands, damages, costs, expenses, actions, causes of action, whether in law or in equity, resulting from any personal injury, or property damage, or for the loss or theft of clothing or equipment, of the Licensee, however caused and whether contributed to by the negligence of MAJOR LEAGUE SPORTSPLEX, its employees, servants, officers, agents, contractors and/or representatives and their successors and assigns.

2.  MAJOR LEAGUE SPORTSPLEX requires the Licensee to carry general liability insurance of CAD $ 2 million listing 2573246 Ontario Inc. as named insured.  Proof of such insurance must be provided 7 days prior to the start date of the agreement.. 

3.  In the event Licensee does not carry a valid insurance, or fails to produce such valid insurance when requested within 2 days of such request being made, the Licensor will have the right to suspend this agreement and cancel all booking till such time the required insurance is produced. Such suspension of contract will not absolve the Licensee of its payment commitments under this contract, and will be required to make / honor all payment arrangements.

4.  The Licensee; jointly or individually will bear are financial and legal liability arising out of the Licensee’s failure to carry the required insurance or any occurrence or case , where valid insurance would have been used.

5.  The Licensee further covenants and agrees to indemnify and save harmless MAJOR LEAGUE SPORTSPLEX, its employees, servants, officers, agents, contractors and/or representatives and their successors and assigns from and against all liability whatsoever resulting from any personal injury, property damage, loss or theft referred to the preceding paragraph.

6.  The Licensee acknowledges that the activities carried on at the Facility carry with them an inherent risk of personal injury, property damage and loss or theft of personal property and the Licensee by the execution of this contract is aware of and understands these risks and is executing this document and participating in activities at MAJOR LEAGUE SPORTSPLEX voluntarily.

7.  The Licensee covenants and agrees to be bound by all the rules and regulations from time to time as may be published and provided by MAJOR LEAGUE SPORTSPLEX to govern the usage of the facility and all activities conducted therein.

SCHEDULE B: RULES AND REGULATIONS GOVERNING THE USE OF THE FACILITY

1.  Exits must be kept free from obstruction and congestion in case of emergency.

2.  Unless specifically authorized in writing by MAJOR LEAGUE SPORTSPLEX Licensee shall not sell, offer, or display for sale, any merchandise in or upon the Facility building or property nor shall Licensee conduct any trade or business in or upon the Facility building or property.

3.  The Licensee is responsible for the conduct and supervision of all persons attending the facility and shall ensure all regulations of MAJOR LEAGUE SPORTSPLEX are observed.  Vandalism, littering, abusive language, smoking and use of alcohol shall not be permitted.  Activities must be restricted to the permitted area.  Access to other areas is not allowed.

4.  Alcoholic beverages and food are not permitted to be brought within the Facility building or upon its property.

5.  MAJOR LEAGUE SPORTSPLEX reserves the right to refuse admission into or upon the Facility or its property, or to remove any person from the Facility or its property for failure to comply with the terms of the Rental Agreement (“the Agreement”), including these Rules and Regulations.

6.  The Licensee may access the change rooms 10 minutes prior to the start of the rental period.

7.  All change rooms must be vacated and left in a clean and tidy condition within 10 minutes of the expiry of each rental.

8.  The Licensee may not sub-contract or sub-license its rental time without the prior written consent of MAJOR LEAGUE SPORTSPLEX.  The Licensee is strictly prohibited from operating a league of any kind at the facility without the prior written consent of MAJOR LEAGUE SPORTSPLEX.

9.  The Licensee agrees to compensate MAJOR LEAGUE SPORTSPLEX for any damages to the Facility, its property, fixtures and equipment that occurs during the Licensee’s occupancy of the Facility or its use of the Facility.

10.  Every Hour of Dome booking includes 5 min of set up time. Licensor will also have right to flood the Ice every 1.5 hours; with time to flood the ice included in the rental booking of Licensee.

11.  Clock in the Dome and hockey arena will be official time for start and end of the rental booking.

12.  Licensor will not be responsible for any lost items by Licensee during the rental.

13.  No Flames/Fire/Smoke/Fog Open flames and the burning of any materials, including incense are prohibited. Fog/smoke machines or other equipment, which may activate fire alarms, are prohibited in the Facility.

14.  Unsupervised Minors. Unsupervised minors (persons under the age of 18) are not permitted in the facility.

15.  Working with Minors: Licensee will ensure that all its officers, servants , agents , volunteers are certified and qualified for working with minors.

16.  The Licensee is responsible for vacating, returning to original condition, keeping facilities clean and the removal of all rented or privately owned property and personal effects by the specified end time.

17.  The Licensee is strictly prohibited from charging any admission fees for entry to the Facility, without the prior written consent of the MAJOR LEAGUE SPORTSPLEX.

18.  MAJOR LEAGUE SPORTSPLEX reserves the right to require police or security staff at any event at the expense of the Licensee, if it is not satisfied with the security hired by the Licensee, which information must be submitted to MAJOR LEAGUE SPORTSPLEX for its approval at least 7 days prior to the event.

19.  COVID 19 Rules: 

a.  Occupancy Rules: The maximum number of players are governed by the public health of Toronto and Ontario and may change with limited to no notice. Licensee will be advised about these changes at the earliest practical opportunity; currently maximum 18 are allowed per quarter field booking including coaches. No Parent and spectators are allowed in the dome. Mask Bylaw policy is in place.

COVID 19 Specific Terms:

1.  The applicable authority may impose restrictions on the number of participants on ice, in the building or on the property.

2.  The licensee will be required to abide by these rules, and as informed by the licensor.

3.  Licensee will not have right to claim Force Majeure due to such changes and will continue to honor the payments and terms and conditions as laid in this document and the invoice.

4.  Licensee will also follow all COVID protocols as established by Licensor , unless licensee if following protocols established by regulatory authority, in which case Licensee can follow those protocols as well.

5.  The additional protocols in some cases may eat into licensee’s rental period, and licensee will not make any claim against the licensor about all such lost time.