TERMS AND CONDITIONS
The following Terms and Conditions (“Terms”) govern the relationship between the organization identified on the online acceptance form (the “Renter”) and sportalspace, LLC (the “Company”). Any person or persons completing the online acceptance form on behalf of Renter does hereby confirm that s/he is an officer, general partner, authorized representative or owner of the Renter and has express authority to contract on behalf of the Renter, and to bind Renter as provided herein. Also by completing the online acceptance form, the Renter certifies that Renter has received, and Renter agrees to be bound by and subject to, these Terms.
1. The Company will work with you to rent sports facilities (the “Facilities”) from the entities that own said Facilities ("Facility Owners") that have contracted with the Company. Each time a Facility is reserved by the Renter (a “Reservation”), a Reservation confirmation (the “Confirmation”) will be sent to the Renter. Each Reservation is subject to these Terms, for the sole purpose as described in each Confirmation by the participants in the Renter’s program(s), such participants are hereinafter referred to as “Participant(s).” The Renter shall not use the Facilities for any other purpose(s) without the prior written consent of the Company.
2. The Renter shall pay the Company the fee (the “Rental Fee”) identified in each Confirmation at the time a Reservation is confirmed.
3. Once a Reservation is made by the Renter, the Facilities will be reserved for the exclusive use of the Renter, and the Facility Owner may not book any programs that will interfere with the Renter’s event without providing notice to the Renter.
4. Cancelation of a Reservation: a. If a conflict with Facility Owner’s programs should develop once a Reservation is made by the Renter, the Facility Owner may cancel said Reservation. If cancellation occurs within 72 hours of the Reservation time, the Rental Fee will be immediately returned to the Renter and the Company will make a payment to the Renter equal to 50% of the fee associated with that Reservation (the “Late Cancelation Fee”). If the cancellation occurs more than 72 hours prior to the Reservation time, then the Rental Fee will be immediately returned to the Renter but the Renter will not be paid a Late Cancelation Fee. b. If the Renter cancels a Reservation, the Facility Owner will have the opportunity to utilize the Facilities for any purpose they deem. If the cancelation occurs within 72 hours of the Reservation time, the Renter will receive a refund of their Rental Fee minus a Late Cancelation Fee for that Reservation. If the cancellation occurs more than 72 hours prior to the Reservation time, then the Renter will be refunded the full Rental Fee without charge of a Late Cancelation Fee. c. Facility Owners have the right to set cancelation rules and fees that differ from the standard ones identified in these Terms. In the event the standard rules and fees are modified, the Renter will be notified at the time of booking a rental and will be bound by these modified terms.
5. If the Renter or its Participants damage any Facility and there is a cost to repair any damage, the Company will work with the Facility Owner to repair the damage, utilizing any contractors or repair services as desired by the Facility Owner. The Renter is responsible for making immediate payment for any costs to repair such damage to the Facility. The Renter will provide a credit card on file, or other payment method, to the Company and hereby authorizes the Company to take immediate payment through this payment method for any damage repair.
6. The Renter shall furnish to the Company evidence of insurance coverage upon acceptance of these Terms as follows. To the extent the Renter’s insurance coverage is cancelled or otherwise not active, the Renter will provide immediate notice to the Company. Certain Facility Owners may require the Renter to add the Facility Owner as a beneficiary to the Renter’s insurance coverage. If required, it is the responsibility of the Renter to maintain coverage as prescribed. a. Workers’ compensation, sexual molestation and sexual abuse, or other coverage, which in the sole opinion of the Company, provides full and adequate protection to the Renter’s employees or officers without in any way leaving the Company or the Facility Owners liable for claims against it; and b. General public liability insurance, insuring the Company and the Facility Owners, and their officers and agents, against any and all liability or claims or liability, arising out of, or occasioned by or resulting from the operations of the Renter on the Facilities or elsewhere, for injuries to any person or persons, including participants, employees, and agents of the Renter, or injuries or damage to property, for limits not less than one million dollars ($1,000,000) for injuries to one person, two million dollars ($2,000,000) for injuries to more than one person, and property damage for limits of not less than one hundred thousand dollars ($100,000) in any one accident or occurrence.
7. The Renter shall comply with all ordinances, statutes, and regulations of all local, state, and federal authorities and agencies. The Renter agrees to defend, indemnify and hold harmless the Company and the Facility Owner, their Board of Trustees, officers and agents from all penalties, fines, costs, damages and expenses resulting from failure to comply.
8. The Renter shall defend, indemnify and hold harmless the Company and the Facility Owner, their Board of Trustees, officers and agents from and against any and all claims, liability, loss, damage, and demands, whether involving intentional misconduct, negligence, or otherwise, arising out of or resulting from acts or omissions by the Renter or its employees, guests, licensees, invitees, assignees or successors.
9. The Renter assumes responsibility for all Participants and/or spectators for liability/injury resulting from incidents or accidents on or at the Facilities. The Renter further will agree that all use of the Facilities shall take place on a “Use-At-Your-Own Risk” basis, and agrees to defend, indemnify and hold harmless the Company and the Facility Owner, their Board of Trustees, officers and agents from all claims, liability, loss, damage, and demands, whether involving intentional misconduct, negligence, or otherwise, arising out of or resulting from the Renter’s use of the Facilities.
10. The Renter shall provide adequate supervision to conduct its use of the Facilities and its programs and to supervise all Participants. The Renter shall be responsible for the actions of all Participants, counselors, supervisors, instructors or other employees or independent contractors of the Renter.
11. In the event that the Company or the Facility Owner has any complaints of a disciplinary nature regarding the Renter’s participants or personnel, the Company has the right to communicate the problem to the Renter and ask that the Renter take appropriate action.
12. The Renter and its Participants shall restore all Facilities to their prior condition, reasonable wear and tear excepted, following use.
13. Use of, or possession of alcoholic beverages, illegal substances, and firearms is prohibited in and/or on the Facilities. Smoking is prohibited in and on all Facilities and the Renter and its Participants shall strictly comply with all fire and safety codes.
14. The Renter hereby gives consent and authorization to the Company for the use the photograph, picture or image (either still or in action) of the Renter and their participants in any publication, website, commercial, or other medium for or on behalf of the Company and waives and forever releases the Company from and against any and all claims, demands or causes of action arising out of, or associated with, the Company’s use of the photograph, picture or image.
15. All terms, covenants and conditions herein contained shall be binding upon the respective parties hereto, and the parties’ agents, employees, and legal representatives, provided that the Renter may not assign or transfer its rights and obligations under the Terms to any entity that is not a subsidiary or affiliate thereof.
16. The Renter gives permission for the Company to add the Renter’s email address to their weekly newsletter about high school and youth sports. The Renter further gives permission for the company to send notices and information from time to time to the Renter about services provided by the Company or our partners. The Renter may opt out of these emails at any time.