By signing this Agreement, Renter agrees to the following terms and conditions for all rentals and use of the Facility.
1. Independent Rental Relationship
Renter acknowledges that it is renting ice and/or facility space from nine HOCKEY for Renter's own independently operated program, practice, clinic, camp, lesson, training session, tournament, event or other activity ("Activity").
Unless expressly agreed to in writing, nine HOCKEY is not an organizer, operator, sponsor, partner, joint venturer, instructor, supervisor or administrator of the Activity.
Renter is solely responsible for the planning, organization, administration, staffing, instruction and supervision of the Activity and its participants.
Nothing in this Agreement creates an employment, agency, partnership, joint venture or other business relationship between nine HOCKEY and Renter beyond the rental and permitted use of the Facility.
2. Responsibility for Participants and Program
Renter assumes responsibility for all participants, coaches, trainers, instructors, officials, volunteers, employees, parents, spectators, guests and other individuals associated with or attending the Activity.
Renter is solely responsible for:
- Providing appropriate and qualified coaches, trainers, instructors, officials and supervisors;
- Determining participant eligibility and appropriate skill levels;
- Providing adequate supervision before, during and after the Activity;
- Establishing and enforcing program-specific safety rules and procedures;
- Ensuring participants use appropriate protective equipment;
- Maintaining appropriate participant emergency and medical information;
- Responding appropriately to injuries, emergencies and unsafe conduct;
- Complying with applicable laws, regulations, governing-body requirements and safety standards; and
- Ensuring all participants and individuals associated with the Activity comply with nine HOCKEY facility rules.
Renter acknowledges that nine HOCKEY does not undertake responsibility for supervising the Activity merely because nine HOCKEY owners, employees or representatives are present at the Facility.
3. Participant Waivers
Renter shall ensure that every participant, or the participant's parent or legal guardian if the participant is a minor, completes any waiver, release of liability and assumption-of-risk documentation required by nine HOCKEY before participating in any on-ice or other athletic activity at the Facility.
No participant may take the ice or participate in an Activity without completing the required nine HOCKEY facility waiver.
Renter is responsible for obtaining any additional waivers, medical releases, media releases or other documentation required for Renter's own program.
The nine HOCKEY facility waiver does not replace any waiver or documentation Renter may require for its own protection.
4. Assumption of Risk
Renter acknowledges that hockey, skating, athletic training and related activities involve inherent and other risks, including falls, collisions, physical contact, cuts, injuries from sticks, pucks and skates, equipment failure, ice conditions, strenuous physical activity, serious bodily injury, permanent disability, paralysis and death.
Renter knowingly and voluntarily assumes the risks associated with conducting its Activities at the Facility and accepts responsibility for managing risks associated with Renter's programs and participants.
5. Indemnification and Hold Harmless
To the fullest extent permitted by law, Renter agrees to defend, indemnify and hold harmless nine HOCKEY and its owners, members, officers, employees, agents, representatives, affiliates, landlords, property owners and insurers ("Indemnified Parties") from and against claims, demands, actions, causes of action, damages, losses, liabilities, judgments, settlements, penalties, fines, costs and expenses, including reasonable attorney fees, arising out of or relating to:
- Renter's use or occupancy of the Facility;
- The organization, operation, instruction, supervision or administration of Renter's Activity;
- The acts or omissions of Renter or Renter's employees, coaches, trainers, instructors, officials, volunteers, contractors, participants, parents, spectators or guests;
- Bodily injury, death or property damage arising from or related to Renter's Activity;
- Renter's failure to adequately supervise its participants or Activity;
- Renter's violation of this Agreement or Facility rules; or
- Renter's violation of applicable laws, regulations or governing-body requirements.
This obligation applies except to the extent prohibited by applicable law.
The obligations contained in this section survive the expiration or termination of this Agreement.
6. Facility Condition and Use
Renter accepts the Facility in its condition at the time of each use and shall promptly notify nine HOCKEY personnel of any condition Renter reasonably believes creates an immediate safety concern.
Renter may use only those areas of the Facility included in its applicable reservation or otherwise made available by nine HOCKEY.
Rental of the ice does not automatically grant exclusive use of locker rooms, dryland areas, lobby areas, training equipment, offices, pro shop areas or other portions of the Facility unless specifically included in the reservation.
7. Facility Rules
Renter and all individuals associated with Renter's Activity must comply with nine HOCKEY facility rules and instructions relating to safe and appropriate use of the premises.
nine HOCKEY reserves the right to remove any individual from the Facility for unsafe, threatening, abusive, destructive, illegal or inappropriate conduct or for failure to comply with Facility rules.
nine HOCKEY may stop or suspend an Activity when nine HOCKEY reasonably determines that an immediate condition presents a significant risk to participants, spectators, employees or property.
Such action does not make nine HOCKEY responsible for supervising or operating Renter's Activity.
8. Locker Rooms and Common Areas
Renter is responsible for the appropriate use of locker rooms and common areas by its participants, coaches, parents, spectators and guests.
Minor participants must be appropriately supervised in accordance with applicable law, governing-body requirements and Renter's policies.
Renter is responsible for leaving all areas used by its group in reasonably clean condition.
9. SafeSport and Governing-Body Requirements
When applicable to an Activity, Renter is solely responsible for compliance with USA Hockey, the U.S. Center for SafeSport and other applicable governing-body requirements, including requirements relating to screening, training, locker-room supervision, adult/minor interactions and participant safety.
Renter is responsible for determining which requirements apply to its Activities and ensuring its personnel satisfy those requirements.
nine HOCKEY's rental of the Facility does not constitute verification or certification that Renter or its personnel have satisfied those requirements.
10. Coaches, Trainers and Personnel
Renter is solely responsible for selecting, hiring, screening, training and supervising its coaches, trainers, instructors, officials, employees, contractors and volunteers.
nine HOCKEY makes no representation or warranty regarding the qualifications, certifications, background, experience or suitability of individuals employed, retained or selected by Renter.
Renter shall ensure that individuals providing instruction or supervision possess any certifications, registrations, background screenings or training required by applicable law or governing organizations.
11. Emergency and Medical Response
Renter is responsible for having appropriate emergency procedures for its Activities and for ensuring responsible adults are available to respond to injuries or emergencies.
In the event of an emergency, nine HOCKEY personnel may contact emergency medical services or take other reasonable action, but doing so does not transfer responsibility for Renter's participants or Activity to nine HOCKEY.
Renter and its participants remain responsible for medical expenses arising from injuries or emergencies.
12. Damage to Facility
Renter is financially responsible for damage to the Facility, ice rink, boards, glass, locker rooms, equipment, furnishings or other property caused by Renter or individuals associated with Renter's Activities beyond ordinary wear and tear.
nine HOCKEY may charge Renter for reasonable costs associated with repair, replacement or extraordinary cleaning resulting from Renter's use.
13. Rental Reservations and Times
Individual rental dates, times and spaces will be established through booking confirmations, schedules, invoices, emails or other written communications between nine HOCKEY and Renter.
Each confirmed reservation is subject to this Master Facility Rental Agreement without requiring Renter to execute a new facility rental agreement.
Renter shall not enter the ice before its scheduled start time and must promptly leave the ice at the conclusion of the scheduled rental period.
Late arrival does not extend a rental period unless specifically authorized by nine HOCKEY. Additional time used without authorization may result in additional charges.
14. Rental Fees and Payment
Rental rates and payment deadlines may be established separately for each reservation, rental period or rental arrangement.
Renter is responsible for all charges associated with its confirmed reservations regardless of whether or how Renter collects fees from its participants.
Booking confirmations, invoices and other written rental terms issued by nine HOCKEY are incorporated into this Agreement as they relate to the applicable reservation.
15. Cancellation and Refund Policy
Cancellation terms may be established at the time of booking or through nine HOCKEY's applicable rental cancellation policy.
Renter understands that reserving ice or Facility space removes that time from availability to other customers. Refunds or credits are available only as provided under the applicable cancellation terms or as otherwise agreed to in writing.
If nine HOCKEY must cancel a rental because the Facility or ice is unavailable, nine HOCKEY may, subject to applicable law, provide a replacement rental time, account credit or refund of the affected rental fee.
nine HOCKEY is not responsible for Renter's lost revenue, participant refunds, travel expenses, lodging expenses or other consequential or incidental losses resulting from a cancellation or Facility closure.
16. Weather, Emergency and Facility Closure
nine HOCKEY reserves the right to close or restrict use of the Facility when reasonably necessary because of severe weather, mechanical failure, utility interruption, unsafe ice conditions, governmental orders, emergencies or other circumstances affecting safe Facility operations.
nine HOCKEY will make reasonable efforts to communicate Facility closures to Renter.
17. No Transfer, Assignment or Subletting
Renter may not transfer, assign, resell or sublet reserved ice or Facility time to another individual, organization or business without prior written approval from nine HOCKEY.
Renter remains responsible for its reservations and obligations under this Agreement unless nine HOCKEY expressly agrees otherwise in writing.
18. Advertising and Use of nine HOCKEY Name
Renter may accurately identify nine HOCKEY as the location of an Activity.
Renter may not represent or imply that nine HOCKEY organizes, sponsors, endorses, operates or partners in the Activity without prior written authorization.
Renter may not use nine HOCKEY's name, logo, trademarks, photographs or other branding in advertising, merchandise, promotional materials or social media in a manner suggesting sponsorship, endorsement or partnership without prior written permission.
19. Photography and Media
Renter is responsible for obtaining any permissions or releases necessary for photography, video recording, livestreaming or other media activities associated with its Activities.
Renter shall comply with applicable privacy laws, SafeSport requirements and Facility rules regarding photography and recording.
nine HOCKEY is not responsible for Renter's collection, publication or use of photographs, video, audio or other participant information.
20. Personal Property
nine HOCKEY is not responsible for lost, stolen, misplaced or damaged personal property belonging to Renter, participants, coaches, employees, volunteers, spectators or guests, except as otherwise required by law.
21. Compliance With Law
Renter shall conduct its Activities in compliance with applicable federal, state and local laws and regulations.
Renter shall not permit illegal activity or conduct that creates an unreasonable risk of harm to persons or property.
22. Suspension or Termination of Rental Privileges
nine HOCKEY may immediately suspend or terminate Renter's use of the Facility for material violation of this Agreement, failure to pay required fees, unsafe conduct, repeated violations of Facility rules or conduct that nine HOCKEY reasonably determines presents a significant threat to persons or property.
Termination does not relieve Renter of payment or other obligations incurred before termination.
23. Limitation of Relationship
Renter acknowledges that nine HOCKEY's provision of ice, locker rooms or other Facility space does not make nine HOCKEY responsible for Renter's Activities.
No assistance by a nine HOCKEY owner, employee or representative with opening doors, operating Facility equipment, responding to an emergency or performing ordinary Facility operations shall be interpreted as nine HOCKEY assuming supervision, instruction, administration or control of Renter's Activity.
24. Term and Continuing Application
This Agreement becomes effective on the Effective Date listed above and remains in effect for all subsequent rentals by Renter unless terminated or replaced in writing by nine HOCKEY.
Renter is not required to execute a new Master Facility Rental Agreement for each individual reservation unless requested by nine HOCKEY.
Renter's continued reservation or use of the Facility constitutes continued acceptance of this Agreement and any applicable Facility rules and booking-specific terms.
nine HOCKEY may update its Facility rules, rental procedures, rates and booking-specific policies from time to time. Material changes to this Master Facility Rental Agreement will be communicated to Renter and may require execution of an updated agreement.
25. Severability
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, that provision shall be modified or limited to the minimum extent necessary when permitted by law, and the remaining provisions shall remain in full force and effect.
26. Entire Agreement and Booking Confirmations
This Agreement, together with applicable booking confirmations, invoices, Facility rules and other written terms expressly incorporated into it, constitutes the agreement between nine HOCKEY and Renter concerning use of the Facility.
If a booking confirmation contains terms specific to a particular reservation, those terms apply to that reservation while the remaining provisions of this Master Facility Rental Agreement continue to apply.
Any modification to this Master Facility Rental Agreement must be agreed to in writing by nine HOCKEY and Renter.
27. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Minnesota.
To the extent permitted by law, any legal action arising from this Agreement or Renter's use of the Facility shall be brought in a court of competent jurisdiction in the State of Minnesota.
28. Acknowledgment and Authority
Renter acknowledges that Renter has carefully read this Agreement, understands its terms and has had the opportunity to ask questions before signing.
Renter understands that this Agreement contains significant provisions concerning assumption of risk, indemnification, responsibility for participants and responsibility for Renter's program operations.
The individual signing below represents and warrants that he or she has authority to enter into this Agreement on behalf of Renter.
By signing electronically or by hand, Renter agrees that this Agreement applies to all current and future rentals by Renter unless terminated, superseded or replaced in writing.
