Rental Terms & Conditions
RULES AND REGULATIONS
The Renter agrees to abide by the applicable Town of Banff bylaws and corporate policies. Additionally, the Renter agrees to follow the rules and regulations outlined below and use the rental space at its’ sole risk.
Representatives of the Town of Banff may remove participants and/or attendees who are believed to be in violation of the rules and regulations. The Renter and its participants who have violated the rules and regulations will forfeit the rental deposit. Repeat violations will result in additional loss of rental time, with no refund for paid rental fees.
The Renter agrees to follow the rules and regulations outlined below:
1. The Renter shall restrict the use by participants and/or attendees to the rental space.
2. The Renter shall be responsible for ensuring the safe, responsible and respectful use of the rental by the participants and/or attendees.
3. The Renter shall ensure that any damages to the rental space is reported to Town of Banff and the Renter shall be charged for the cost of replacement and/or repairs for such damages.
4. Warm-ups, meetings, setup and takedown, etc. times must be within the times specified in the rental.
5. The Renter accepts the rental space “as is, where is”.
6. The Renter shall not make or erect any installations, alterations, modifications, or additions to the rental space without prior written consent from the Town of Banff, which includes posting signage.
7. Where applicable, the Renter is responsible for obtaining a license from SOCAN when using music, live or recorded, during the rental.
8. The Renter will take reasonable steps to ensure that no unauthorized persons enter the rental space during the time of the rental.
9. The Renter shall use the rental space for the Purpose of Use and for no other purposes. The Renter shall not permit the use of the rental space by any other person without prior written approval of the Town of Banff.
10. The Renter shall not sell or distribute food and/or beverages for consumption and/or sell goods or services without the permission of the Town of Banff and then only after securing the necessary permits and/or licenses.
11. The Town of Banff may take a percentage of ticket sales or revenues for commercial events and/or bookings.
12. The Director of Community Services may at any time cancel the Rental Contract with or without cause.
13. The Renter shall ensure that all participants and attendees adhere to the Facility Guidelines. These guidelines include zero tolerance for having and or consuming alcohol unless otherwise approved by the Rental Administrator with appropriate liquor licensing.
14. The Renter agrees to use the rental space at their sole risk.
15. The Renter understands that the personal information collected in the process of issuing the rental permit is obtained under the Freedom of Information and Protection of Privacy Act and is necessary for the issuance of such rental contract/permit.
16. The Renter is responsible for obtaining the necessary insurance (inclusive of general liability insurance) for the duration of the Rental.
17. The Renter shall indemnify and hold harmless each of the Town of Banff and its elected officials, officers, employees and agents from and against any and all claims, actions, demands, damages, losses, liabilities and expenses arising out of or as the result of:
- Any breach, violation, or non-performance of the terms and conditions on the part of the Renter as set out in this Rental Contract;
- Any damage to property occasioned by the use of the rental space by the Renter, its employees, volunteers, members, coaches, participants, guests and invitees;
- Any injury, illness or death of any person or any damage to property or other losses arising from or resulting from the use of the rental space by the Renter, its employees, volunteers, members, coaches, participants, guests and invitees;
- Any act or omission (including theft or negligence) on the part of the Renter, its employees, volunteers, members, coaches, participants, guests and invitees; and/or
- Any breach of any intellectual property rights arising from or resulting from the use of the rental space.
INSURANCE and LICENSING
Renters are required to provide a certificate of insurance prior to commencement of a rental that includes:
- A minimum of $2 Million (2,000,000) of Commercial General Liability per occurrence; and
- That lists the Town of Banff and His Majesty the King in the Right of Canada as represented by the Parks Canada Agency as additional insured with no limitation on the scope afforded.
It is the Renter’s responsibility to ensure that all required insurance and/or licenses are secured and provided to the facility booking staff prior to the rental start date (i.e. liquor license, vendor license, insurance, business license, etc.).
A valid business license is required by vendors contracted by the Renter. For more information about business licensing please contact (403) 762.1215.
CHANGES / CANCELLATION
a) A full refund will be issued in the event a booking has been cancelled by the Town of Banff.
b) If the Renter provides written notice of cancellation 30 days or more from the first date of rental, 75 percent of the rental payment will be refunded.
c) If a cancellation or reduction in rental time is within 30 days of the rental, no refund will be issued.
d) A $25.00 administrative fee will be charged for all rental changes and cancellations (per occurrence).
PAYMENT
Full payment is required at the time of booking to confirm your rental.
*Note: Bookings that exceed $1000 are be considered a unique booking and require a minimum deposit of $1000 or 25% of the total booking, whichever is greater. Rentals must be paid in full 30 days prior to the rental.
**Block Bookings are considered unique bookings and will be invoiced on a monthly basis. Rentals must be paid in full 30 days prior to the rental.
A damage deposit of $500 will be charged to the Renter prior to the rental and is conditionally refundable, provided there is no damage to the facility or equipment as a direct result of the rental and if the Renter and its participants fully adhered to the Facility Guidelines and Rules and Regulations.
