2. Rights and Responsibilities of Renter: The Renter agrees to use the Facility only for the Function as indicated above, during the agreed upon Rental Period.
3. The Renter will, at all times, indemnify and save harmless the Owner, and its directors, officers, and agents, from and against all actions, claims, demands, suits, proceedings, damages, costs (including without restricting the generality of the foregoing, legal costs on a solicitor/client basis), and any further associated expenses that have been brought, made or incurred by or against the Owner, and its directors, officers, and agents, by reason of, or arising out of, or in any way related to the Facility by the Renter, its agents, employees, invitees or contractors except where the action, claim, demand, cost or expense was caused by intentional acts or gross negligence of the Owner.
4. This Agreement may not be assigned, in whole or in part, by the Renter without the express written authorization of the Owner.
5. The Renter will not permit any damage to occur to the Facility and will leave the premises in the same condition or substantially the same condition as when the Renter entered the Facility for the Function.
6. In the event the Function is to serve liquor, it is the responsibility of the Renter, at its sole cost and expense, to arrange for and ensure that a Host Liquor Liability Certificate of Insurance in the amount of not less than $2,000,000.00 has been arranged for and forwarded to the Owner within seven (7) day prior to the Function. The Renter agrees that the insurance policy referred to herein will name the Davisburg Community Association and MD of Foothills as an additional insured on the said policy as their interest may appear and a severability of interest clause or a cross liability clause.
   
   All policies will contain an undertaking by the insurers to notify the Owner, in writing, of any material change, cancellation or termination of any provision of any policy, not less than thirty (30) days prior to the material change, cancellation or termination thereof.
7. It is the responsibility of the renter to ascertain whether a "Special Events Licence" is required and if so it is their responsibility to apply and obtain required licence documentation from the MD of Foothills #31 prior to the scheduled event. A copy must be provided to the Owner.
8. The renter will ensure that all persons while on the property do not smoke, vape or consume cannabis as it is prohibited in any public place within the MD of Foothills. Public places include any privately or publicly owned or leased property the public has access to. The definition of consuming cannabis includes smoking, vaping or ingesting in any manner, and includes holding cannabis or having control of a device containing cannabis. MD Bylaw 43/2018
9. It is agreed by the Renter that it shall sign and provide to the Owner at the time of execution of this Agreement, an Acknowledgement and Waiver, in the form attached hereto as Schedule “A”.
10. Rights and Responsibilities of the Owner: During the Function, the Owner will permit the Renter to use the Facility for permitted activities and for no other purpose whatsoever, subject to the terms and conditions set forth herein.
11. The Owner will retain control of the Facility and the Owner will not unreasonably interfere with the Renter's use and enjoyment of the Facility. The Facility will be available to the Renter's agents, servants, employees and invitees in accordance with the policies of the Owner relating to such use.
12. In the event the Renter undertakes or permits any activity within the Facility or the Facility Grounds, which activities may be a nuisance or cause property damage or may cause personal injury, or in the event the Renter is in default of any of the terms and conditions herein, the Owner may terminate this Agreement forthwith immediately.
13. The Owner, its directors, officers and agents will not be liable for any theft, loss or damage of property of the Renter, its agents, employees, servants or invitees, however so caused.
14. Payments Required as part of this agreement
    1. Rental Deposit: Payment of 50% of rental cost due and payable at the time of rental booking. This rental deposit will be applied to the total facility rental cost owed as part of this agreement.
    2. Full payment of Rental Costs: Full payment of the total facility rental cost due under this agreement is due and payable to the Lessor not less than fourteen (14) days prior to the Function at Davisburg Community Association Hall.
    3. Damage and Cleaning Deposit: Payment in the amount as indicated in the following rate schedule must be provided to the Lessor by the Lessee no less than on the date of the Function at Davisburg Community Hall. The Lessor will hold this Damage/Cleaning Deposit in trust and will return it to the Lessee within 7 days if the facility is returned in a state of repair and cleanliness post Function equal to the pre Function state as confirmed by hall maintenance.
15. Cancellation: In the course of the Lessee cancelling the Function, written notice is required. If said notice is received:
    
    • Greater than ninety (90) days before event start:
      • Rental Deposit Refund
    • Within ninety (90) days of event start:
      • Loss of Rental Deposit
    • Within fourteen (14) days of event start:
      • Loss of Rental Deposit
      • Loss of Rental Fees

Rental Rates

16. Rent, as agreed upon between Owner and Renter, is as follows:

17. General Provisions: The terms and conditions set forth herein constitute all of the terms and conditions of this Agreement, and there are no terms, conditions, covenants, agreements, representations or warranties, either express or implied, arising between the parties hereto except as expressly set forth herein.
18. This Agreement will enure to the benefit of and are binding upon the parties hereto, their respective heirs, and successors and permitted assigns.