TERMS AND CONDITIONS OF USE
Grande Pointe Park, 423 Bernat Road
In consideration of the Grande Pointe Homeowner’s Association (“GPHA”) and the Rural Municipality of Ritchot (“Ritchot”) allowing the Renter to use the Site for the Event as and on the date and during the time set out in the rental application (“Rental”), the Renter agrees:
To pay the damage deposit to GPHA in the amount set out in the application. GPHA will refund the damage deposit to the Renter after the Rental to the address set out in the application, unless GPHA retains any portion to pay for any damages resulting from the Renter’s use of the Site or the Rental, including the cost of restoring the Site to a clean and suitable condition, and for repairs, maintenance, or replacements (“damages”). GPHA’s representative will inspect the Site at the end of the Rental to determine whether there are any damages. The decision of the GPHA representative is final. The Renter is responsible for any additional costs if the amount of the damages exceeds the amount of the damage deposit. The Renter shall pay any such additional amounts to GPHA immediately upon demand.
To pay GPHA all fees in connection with the Rental as set out in the application as and when due (determined in accordance with the rental fees set out in the attached Appendix).
That, at least two weeks before the Rental, the Renter will obtain, and provide GPHA with evidence of having obtained, comprehensive general liability insurance for the Rental in the amount of no less than $2,000,000.00 for any one occurrence. The policy must name GPHA and Ritchot as additional insureds, include a cross-liability clause and cover all claims for bodily injury, including death, and property damage or loss arising out of the Rental or the use or occupation of the Site by the Renter and the Renter’s agents, employees, contractors and invitees in connection with the Rental. The Renter may instead, at Ritchot’s discretion, request and pay for the required insurance through Ritchot’s insurer. Nothing contained in the required policy of insurance shall in any way limit the liability of the Renter in connection with the Rental or otherwise.
That GPHA makes no representation, warranties or guarantees, express or implied, as to the safety of the Site, or its suitability, condition or fitness for the Renter’s purpose. All park maintenance is done by Ritchot. If there are special maintenance requests, the Renter must contact Ritchot in advance of the Rental.
That if the Renter wishes to cancel the Rental, any notice of cancellation and request for a refund must be in writing and received by GPHA at least two weeks before the Rental. The refund will be mailed to the address indicated in the application. The Renter is responsible for payment in full and forfeits any refund of any amounts paid to GPHA in connection with the Rental if the Rental is cancelled less than two weeks before the Rental.
That GPHA may cancel the Rental and terminate the Rental at any time if
GPHA, in its sole discretion, determines that it is not in GPHA’s best interests to permit the Rental,
for any breach of the terms and conditions set out in the application or these Terms and Conditions of Use (collectively, “Agreement’), misconduct, improper use of the Site, or any other action by the Renter deemed by GPHA or GPHA’s representative to be detrimental to Event participants or the Site. The GPHA representative has the right to make decisions for the well-being of those attending the Event or to help reduce potential damages to the Site. Decisions of the GPHA representative are final.
in the case of an emergency or other unforeseen circumstance, as GPHA may in its sole discretion determine. If possible, GPHA will give the Renter at least 24 hours’ notice of cancellation in the circumstances provided for in this subsection c. GPHA may grant the Renter access to the Site at another time as the Renter and GPHA may agree.
GPHA is not responsible for and the Renter shall have no claim or right to damages or reimbursement on account of any loss, damage or expense whatsoever for any cancellation or termination of the Agreement.
To supply all supervision and preserve and maintain good order, discipline and safety in the use of the Site and in connection with the Rental. GPHA shall have the right at any time to eject from the Site or refuse admittance to any person who is, in the opinion of a GPHA representative with responsibility for supervision of the Site, creating a disturbance or behaving in an objectionable or unacceptable manner. Decisions of the GPHA representative are final.
Not to permit, without prior written approval of the GPHA
a) the consumption of liquor at the Site. If approval is granted, the Renter must obtain a liquor
permit pursuant to the Liquor Control Act and liquor may only be served in accordance with
the terms and conditions of a valid social occasion liquor permit for the Event from the
Liquor, Gaming and Cannabis Authority of Manitoba (“LGCA”) and in accordance with all
LGCA requirements.
b) advertising at the Site.
c) constructing, erecting or attaching or causing or permitting to be constructed, erected, or
attached any device, fixture or other thing of any nature at the Site.
To abide by the end time set in the application for the Rental. The closing time of the park is 11
pm. The closing time for the park may be extended in special circumstances, with the prior
written approval of GPHA and in accordance with the terms of any LGCA permit in connection
with the Rental.
To leave the Site in a clean and presentable condition at the end of the Rental and in the same
condition as it was at the commencement of the Rental. All garbage and recycling must be
removed from the Site at the end of the Rental. All bins will be filled with replacement garbage
bags provided by GPHA. If used, tables must be wiped down and the shelter and stage swept if
used.
To remove all equipment, displays, goods, belongings and garbage from the Site by the end of
the Rental. Failure to do so will result in GPHA undertaking any work required to remove items
left behind at the Renter’s expense and without liability for any loss or damage.
That GPHA is not responsible for damage to or loss of any equipment or belongings of the
Renter brought onto the Site.
That the Renter is responsible for any and all damages to the Site or Grande Pointe Park by the
Renter, the Renter’s guests, invitees, agents, or independent contractors acting on the Renter’s
behalf during the Rental.
To indemnify GPHA, its officers, employees, affiliates, agents and representatives and Ritchot,
its officers, council, employees, affiliates, agents and representatives from and against
a) any and all claims of any kind whatsoever arising out of any act or omission of the Renter
and any agent, employee or other person for whom the Renter is responsible arising out of
or resulting from the Rental, and
b) all or any loss or damage to the Site or to any property of GPHA used in conjunction with
the Rental.
That GPHA is not responsible for any personal injuries to the Renter, Renter’s guests, invitees,
agents, and/or independent contractors acting on the Renter’s behalf during the Rental, or for
loss or damaged goods or damaged property. The Renter waives all claims against, releases
from liability and agrees not to sue GPHA, its officers, employees, affiliates, agents and
representatives, or Ritchot, its officers, council, employees, affiliates, agents and
representatives, for any personal injury, death, property damage or any other loss or damage
sustained by the Renter or for which the Renter may be responsible arising out of, or in
connection with the Rental, or the use of or presence of the Renter (and any person for whom
the Renter is responsible) at the Site or anywhere in the Grande Pointe Park.
That Grande Pointe Park is a public park, and all areas of the park will remain open and
accessible to the public at all times. If the Renter requires specific areas of the park for the
Rental, the Renter must notify GPHA in writing, whereupon GPHA may place a “reserved” sign
at the requested location, although the public may still access the specific area and the Renter’s
use of that area will not be exclusive.
To comply with and ensure every person the Renter invites or allows to attend at the Site
complies with, all terms and conditions of the Agreement, and all requirements and policies of
GPHA and all by-laws, requirements and policies of Ritchot, as well as all applicable laws.
That there are two parking lots located at the park, one at the north entrance and one on the
south side of the picnic shelter. No parking is allowed in any other areas of the park property.
That the rights granted to the Renter shall not be transferred or assigned in any way.