1. USE OF FACILITIES: All facilities are available on an “as-is” basis and at the User’s own risk. The College makes no warranties or representations respecting the suitability or condition of the facilities for the User’s intended purpose. The User is responsible, at its own cost, for obtaining all approvals, permits, licences and consents necessary for the User to carry out the activity at the College’s facilities.
2. SECURITY DEPOSIT: A damage deposit may be required by the College, which amount will be returned to the User if the facilities were maintained in good working condition after use. The amount of the security deposit paid hereunder does not in any way limit the User’s liability to the College for damage, loss or expense and any claim for same by the College.
3. RESPONSIBILITY FOR DAMAGED OR LOST COLLEGE PROPERTY: Any damage to College property caused by the User or its officers, employees, servants, agents, volunteers, guests or invitees, or otherwise arising out of or incidental to the User’s use of College facilities and property shall be the responsibility of the User. The full cost of any repairs or replacements of the College’s facilities and property shall be borne by the User.
4. RESPONSIBILITY FOR ANY PROPERTY LEFT, LOST OR STOLEN: The College is not responsible for any equipment, furniture, supplies or private property of any description left, lost or stolen in the College’s facilities or property. No equipment, furniture, supplies or materials of any kind may be left or stored in or upon the College’s facilities or property without the prior approval of the Manager of Facilities Services, and any such equipment, furniture, supplies or materials are left or stored in or upon the College’s facilities or property at the User’s risk.
5. RULES FOR USE: The User and its guests and invitees are subject to all rules, regulations and procedures of the College and the following terms and conditions:
- The College’s facilities shall not be used for purposes that directly or indirectly contravene provisions of any law, statute, regulation, by-law, enactment, policy, or otherwise, of Canada, of the Province of British Columbia, the City of New Westminster and of the College. This includes, without limitation, the Criminal Code of Canada, the Human Rights Act of British Columbia, the Freedom of Information and Protection of Privacy Act and other laws of general application.
- The use of the facilities shall not cause interference with the orderly functioning of the College or infringe upon the rights or privileges of others. Any boisterous or nuisance individuals will be requested to leave the College property. Any public address system, music or entertainment must not exceed levels of volume, which the College, in its sole discretion, finds reasonable and must not exceed municipal standards.
- The College’s facilities and equipment shall be used only for the activities for which they have been designated.
- The presence of a College employee may, at the sole discretion of the College, be required as a condition of use of the facilities. The User and its guests and invitees must comply with all reasonable requests and directions of such designated employee of the College. The User will be responsible for any and all costs resulting from the required presence of the College employee. In the event of cancellation by the User resulting in extra costs to the College, the User will be responsible for such costs.
- No food or beverage of any kind will be permitted to be brought into College property or to leave the rented facilities by the User or its guests and invitees.
- An appropriate standard of conduct and adequate supervision of participants and attendees must be maintained by the User for the duration of the event. The User must abide by all applicable laws and College policy and regulations, and ensure that the User’s employees, volunteers, participants, attendees, invitees or agents abide by all applicable laws and College policy and regulations. The User will be held responsible for its individual actions and the collective actions of all the User’s employees, volunteers, participants, attendees, invitees or agents.
- No decorations or other improvements shall be constructed, erected or placed on College property without the prior approval of the College. The cost of all such decorations and improvements will be the responsibility of the User. Immediately following the event all decorations, improvements and signage constructed, erected or placed upon College property must be removed and any damage caused by such installation or removal must be repaired by the User. In no event shall nails, screws, staples, industrial type adhesive tape, or any other manner of affixing decorations or signs which would result in damage to the walls, ceiling or floor of the College facilities shall be used by the User.
- The College’s facilities and equipment are to be maintained in good working order for the duration of the event. All garbage generated by the event must be appropriately disposed of immediately after the event, and the facilities must be left in a clean and organized fashion and in the same condition as they were at the commencement of the usage or occupation period.
- The event and cleanup must be completed no later than 10 p.m. and the User’s access to and use of the College’s facilities will terminate at such time.
6. ALCOHOL: No alcohol will be permitted to be brought into, served or consumed in or on the College’s facilities or property.
7. SMOKING: Smoking, vaping and chewing tobacco is prohibited on Douglas College property.
8. PARKING: Parking on College property is subject to the College’s parking regulations. Any and all parking charges will be at the expense of the User and the User’s invitees and guests.
9. USE OF COLLEGE NAME/LOGO: All trademarks, trade names, service marks, logos, designs and symbols of Douglas College are owned by the College and any unauthorized use thereof is strictly forbidden unless with the prior written consent of the College, which consent will be exercised at the College’s sole discretion. The use of the facilities or any property of the College does not imply endorsement of an activity by the College. Wrongfully implied endorsement may result in cancellation of present and future use of College facilities.
10. LIMITATION OF LIABILITY: The College shall not be liable to any person whatsoever for any loss or damage to property or for any personal or bodily injury, or death, or any other losses, actions, claims, liabilities, or causes of action however incurred or sustained by the User or any of the User’s employees, volunteers, guests, invitees or participants, during or otherwise in connection with, directly or indirectly, the User’s use of the facilities. Nor shall the College be liable to any person whatsoever for any injury, death, loss or damage caused by acts or omissions of the User or any of its employees, volunteers, participants, attendees, invitees or agents.
11. INDEMNIFICATION AND HOLD HARMLESS: The User shall indemnify and hold harmless the College and any of its officers, employees, servants, agents, and contractors from any and all loss, liability, claims or expenses arising out of the use and/or occupation of the property belonging to the College by the User and any of its officers, employees, servants, agents, contractors, and volunteers, except to the extent that such loss arises from the independent negligence of the College.
12. LIABILITY INSURANCE: The following insurance must be obtained by the User, with insurers licensed in British Columbia and in forms and amounts acceptable to the College:
- For use of College facilities except the Gym: General liability insurance with a limit of not less than Two Million Dollars ($2,000,000.00), inclusive per occurrence for bodily injury and property damage including loss of use thereof. Such insurance shall extend to cover the User, its officers, employees, servants, agents, contractors, and volunteers and shall include the College, its officers, employees, servants, agents, contractors, and volunteers as additional Insureds with respect to liability arising out of the use or occupation by the User of the property belonging to the College.
- For use of the Gym and/or Laura Muir Theatre: General liability insurance with a limit of not less than Three Million Dollars ($3,000,000.00), inclusive per occurrence for bodily injury and property damage including loss of use thereof. Such insurance shall extend to cover the User, its officers, employees, servants, agents, contractors, and volunteers and shall include the College, its officers, employees, servants, agents, contractors, and volunteers as additional Insureds with respect to liability arising out of the use or occupation by the User of the property belonging to the College.
13. WAIVER OF SUBROGATION CLAUSE: The User agrees to waive all rights of subrogation or recourse against the College with respect to the use or occupation by the User of the facilities or property of the College.
14. CERTIFICATES OF INSURANCE: Evidence of all required insurance must be provided to the College prior to the use of the College facilities. Such evidence of insurance shall be in the form of a certificate of insurance. Certified copies of required insurance policies may be requested by the College. These certificates must be issued by the insurer or insurance broker of the User and must contain the following information:
- Name of the insurance company and the binder or policy number
- Name and address of the Insured (i.e. User)
- Policy period (covering at least the period this Agreement is in place)
- Description of coverage
- Policy limits
- Description of insured operations and location(s)
- Signature of authorized representative and date
- Douglas College named as an Additional Insured
Note: Insurance coverage must not contain an exclusion regarding injury to participants.
15. FORCE MAJEURE: If there exists any causes beyond the reasonable control of the College, including but not limited to, acts of God, changes in the laws of Canada or the College’s institutional policies, governmental restrictions, wars, fires, floods, storms, strikes (including illegal work stoppages or slowdowns), lockouts, labour shortages and building system failures, the College may cancel a booking or terminate the User’s access or use of the College’s facilities and equipment without notice and without payment of compensation to the User.
16. TERMINATION OR CANCELLATION BY THE USER: Any cancellation of a booking by the User must be made in writing to firstname.lastname@example.org or email@example.com as applicable. If the cancellation is received by the College more than one month prior to event, the User will be entitled to a refund of all fees paid. If the cancellation is received by the College less one month prior to the event, the User will be entitled to a refund of 50% of all fees paid.
17. TERMINATION OR CANCELLATION BY THE COLLEGE: The College reserves the right to cancel, interrupt or revise a booking or terminate the User’s access or use of the College’s facilities and equipment immediately upon giving the User notice by email or fax of such cancellation or termination, without payment of any compensation to the User. If the College cancels a booking or terminates the User’s access or use of the College’s facilities and equipment without cause (including but not limited to, events of force majeure), the College will refund any prepaid amount to the User, and such refund will be the User’s sole and exclusive remedy against the College for performance of the College’s obligation under this Agreement. If the College cancels a booking or terminates the User’s access or use of the College’s facilities and equipment for cause (including but not limited to non-payment by the User of any amount due to the College, or a breach of another provision of this Agreement or of applicable laws), the College will not refund any prepaid amount to the User. The College will not be responsible or liable for any loss or damage suffered by the User as a result such cancellation, interruption or revision or termination by the College with or without cause and for any reason whatsoever.
18. INCIDENT REPORTING REQUIREMENT: In the event medical or first aid attention is required and/or loss or damage to College property occurs, User(s) must immediately contact Campus Security in person at the Security Kiosk on the main level or by calling: Coquitlam campus Security at 604 777 6254; New Westminster campus Security at 604 527 5405