Sport Court Agreement

City of Bloomington
Parks and Recreation Department
Use Agreement

This Sport Court Rental Agreement is entered into on this day of month, year between the City of Bloomington Parks and Recreation Department (“Parks”) and Full Name (“Renter”). Renter agrees that the use of the courts or facilities shall be in a manner that is customary, reasonable, and normal for such courts or facilities.

Parks and the Renter agree to the following terms and conditions:

1. Space Availability:

   • Space may be rented by responsible groups and teams when not otherwise scheduled.

   • Rental priority will be given to groups who are affiliated/partners with Parks.

   • Parks reserves the right to deny any reservation if it is made fewer than seven (7) days in advance. See Paragraph 2(b), below.

   • Parks reserves the right to deny any request to expand the scope or duration of a pre-existing reservation if such request is made fewer than 72 hours prior to the start of the event in question.

   • Parks reserves the right to deny an application for the use of courts when such use is not in the interest of the City of Bloomington.

   • Parks reserves the right to cancel a reservation at any time if the cancellation is in the best interest of the City. In the event that Parks cancels an event for this reason, all rental fees shall be refunded.

2. Rental Fees:

   • Rental fees are $________ per hour, which rent shall be due and payable within thirty (30) days of receipt of an invoice from Parks following the expiration of this Agreement. Renter agrees and acknowledges that additional rental fees shall be charged if Renter fails to relinquish the court(s) by the end time specified in this Agreement. Any additional fees shall be deducted from Renter’s security deposit.

   • A $________ security deposit must be paid in person by cash or money order at the time of reservation. Personal checks will not be accepted. No reservation is complete until the deposit fee is paid for each separate event.

   • The security deposit will be applied to the total rental fee for the event at the time the final invoice is tabulated.

3. Services Provided by Parks:

   • Parks will provide appropriate personnel for general supervision of the facility.

   • Parks will provide the court(s) in a clean, sightly, and sanitary condition.

   • Parks will provide adequate lighting for the court usage.

   • Parks will provide scoreboards for game activities.

4. Other Services: The Renter is responsible for providing all other services and items necessary for play. These include, but are not limited to, scorekeepers, scorebooks, game officials, and game equipment.

5. Hours of Play and Admission Fees: Play may begin at 8:00 a.m. and must conclude by midnight. Game starting times shall be scheduled accordingly. The Renter has options per the Parks price schedule as it pertains to admissions. If the option of splitting the gate is chosen, Parks staff will collect and verify admissions. Proof of gross revenue and remittance of half the gross to the Renter shall occur within thirty (30) days after the termination of this Agreement.

6. Concessions: Parks retains the right to operate concessions. Renter understands and acknowledges that Parks operates a concessions facility. Renter shall take reasonable care to ensure that food or drink items are not brought into the facility unless authorized in writing by Parks.

7. Rules and Regulations

   • The renter is responsible for ensuring that all Parks rules and regulations are observed by players and others using the rented facility.

   • Consumption of alcoholic beverages is strictly prohibited on public property. Persons observed consuming alcohol are subject to arrest.

   • Renter shall take reasonable care to ensure that its participants, spectators or employees do not bring prohibited items into the building housing the facilities.

   • Violation of Parks rules and regulations may be grounds for termination of the rental agreement. In the event of termination for this reason, no refunds will be given.

   • The possession of alcoholic beverages, drugs and other illegal controlled substances, fireworks, air rifles, paintball guns, bow and arrows, cross bows, swords, and pellet guns is strictly prohibited in any park or park facility. Pursuant to Bloomington Municipal Code 14.20.020, the discharge of a firearm is strictly prohibited within the City’s jurisdiction.

8. Cancellation Policy:

   • If the Renter cancels all or any part of a reservation seven (7) or more days prior to the event, the Renter shall be entitled to a deposit refund.

   • All cancellations made fewer than seven (7) days from the event will not receive a refund on the deposit.

   • Any cancellation must be made in person to Parks staff between the hours of 9:00 a.m. and 5:00 p.m.

9. Insurance: The Renter shall maintain Commercial General Liability insurance, which shall include premises-operations and products-completed operations, contractual liability, personal and advertising liability coverages. The limits of liability for each are as follows:

   • $1,000,000 for each occurrence;

   • $1,000,000 personal injury and advertising injury;

   • $2,000,000 products and completed operations aggregate; and

   • $2,000,000 general aggregate.

   Renter shall also carry Automobile Liability Insurance providing coverage for all owned, hired, and non-owned automobiles. The limit of the liability required is $1,000,000 for each accident.
   Renter shall also carry Umbrella/Excess Liability insurance for the event with a required limit of $1,000,000.
   If required by law, Renter shall also carry Workers Compensation per statute and Employers Liability insurance with a limit of liability at $1,000,000 for each accident.
   The City of Bloomington is to be shown as Additional Insured on a primary and noncontributory basis for General Liability, Auto Liability and Umbrella policies. A Waiver of Subrogation in favor of the city is to apply under all policies. The General Liability General Aggregate Limit is to apply on a Per Location and Per Project basis.

10. Condition of Facility: The Renter is responsible for ensuring that rented facilities are clean and in good repair at the end of the rental period. In the event that Parks must take steps to clean or repair the facilities, the Renter will be charged accordingly, including, but not limited to, reduction in or forfeiture of the Renter’s deposit fee.

11. Liability:

    • Parties agree to release, hold harmless, and indemnify each other and their officers, employees, agents and assigns from any and all claims which may arise from the use of the facility during the rental period, subject to the terms of paragraph 12(b).

    • The Renter agrees to assume financial responsibility for the repair or replacement of any facility equipment or fixture which is damaged through the negligence of the Renter or participants or spectators at the Renter’s event. The decision to repair or replace equipment shall be at the election of Parks. Nothing in this Agreement, including paragraph 12(a), shall be construed to release the Renter from this financial responsibility.

12. Personal Property: Parks shall not be responsible for the loss or damage to personal property of the Renter while such property is situated in or around the facilities, or the personal property of individuals who are participants, spectators, or otherwise associated with Renter’s use of the facilities.

13. No Waiver of Term: Parks’ failure to insist on the strict performance of any term or provision of this Agreement shall not constitute a waiver of any breach of this Agreement by Renter.

14. Modification: This Agreement constitutes the entire Agreement and understanding between the parties and shall not be modified, altered, changed, or amended in any respect, unless in writing and signed by both parties hereto.

15. Request for Courts: Renter shall have the exclusive use of the following courts during the following dates and times:

IN WITNESS WHEREOF, the parties have signed this Agreement on the date first set forth.