Master Facility Use Licence Agreement
Please read this agreement carefully before accepting. This document outlines all terms, conditions, responsibilities, and protections.
Agreement Contents
1. Purpose of Agreement2. Licence Only — No Lease or Tenancy3. Facility Space Approved4. No Exclusive Use Unless Written5. Facility Accepted As Is6. Fees, Deposits and Payment7. Damage Deposit and Additional Charges8. Renter Responsible for Everyone Connected to Booking9. Indemnity in Favour of BCA10. Release and Waiver by Renter11. Limitation of BCA Liability12. Insurance Requirements13. Permits, Licences and Legal Compliance14. Alcohol15. Food, Catering and Kitchen Use16. Music, Entertainment and Copyright17. Vendors, Contractors and Third Parties18. Capacity, Fire Safety and Emergency Access19. Decorations and Set-Up20. Cleaning and Condition of Facility21. Damage, Loss and Reporting22. Children and Minors23. Behaviour, Noise and Community Standards24. Prohibited Activities25. Animals and Service Dogs26. Parking and Outdoor Areas27. Keys, Codes, Fobs and Access28. Storage29. Advertising and Public Communications30. Photography, Video and Media31. Security32. BCA Staff and Supervision33. Cancellation by Renter34. Cancellation, Restriction or Termination by BCA35. Force Majeure and Facility Unavailability36. No Assignment, Transfer or Subletting37. Long-Term and Recurring Users38. Default39. Collections and Legal Costs40. Privacy and Records41. Governing Law42. Entire Agreement43. Severability44. No Waiver45. Survival46. Renter Acknowledgement
BEARSPAW COMMUNITY ASSOCIATION
MASTER FACILITY USE LICENCE AGREEMENT
Event Rentals, Recurring Rentals and Long-Term Facility Users
BEARSPAW COMMUNITY ASSOCIATION
MASTER FACILITY USE LICENCE AGREEMENT
Event Rentals, Recurring Rentals and Long-Term Facility Users
This Facility Use Licence Agreement is made between:
Bearspaw Community Association
253220 Bearspaw Road, Calgary, Alberta T3L 2P5
referred to in this Agreement as "BCA," "we," "us," or "our"
and
Renter / User Name: [Enter your name]
Email: [Enter your email]
Together, BCA and the Renter are referred to as "the Parties."
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1. PURPOSE OF AGREEMENT
This Agreement sets out the terms on which BCA permits the Renter to use approved areas of the Bearspaw Community Association facility.
This Agreement applies to:
• One-time event rentals
• Private parties, weddings, celebrations, markets, meetings, programs, camps, classes, fundraisers, tournaments, community events, corporate events, and similar uses
• Recurring bookings
• Long-term facility users
• Commercial, non-profit, educational, recreational, sporting, cultural, religious, community, private, or program-based use
• All guests, invitees, participants, parents, children, vendors, contractors, caterers, decorators, performers, instructors, coaches, volunteers, staff, agents, delivery personnel, and anyone else connected to the Renter's booking.
The purpose of this Agreement is to protect BCA, its directors, officers, employees, volunteers, members, contractors, insurers, landlords, landowners, municipal authorities, funders, successors, and assigns.
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2. LICENCE ONLY — NO LEASE OR TENANCY
The Renter acknowledges and agrees that this Agreement creates a temporary, conditional, revocable licence to use the Facility only.
This Agreement does not create:
• A lease
• A tenancy
• Exclusive possession
• A landlord and tenant relationship
• Any ownership interest
• Any right to remain in the Facility
• Any right of renewal
• Any easement or property interest
• Any right to use the Facility beyond the approved date, time, space, and purpose
BCA retains full control, possession, management, and authority over the Facility at all times.
BCA may access, inspect, enter, manage, supervise, restrict, close, relocate, or interrupt use of any part of the Facility at any time where BCA considers it necessary or appropriate for safety, operations, maintenance, legal compliance, insurance, staffing, emergency response, community use, or protection of BCA's interests.
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3. FACILITY SPACE APPROVED
The Renter may only use the areas expressly approved by BCA in writing.
Approved Room(s) / Area(s): [To be specified in booking confirmation]
Date(s) of Use: [To be specified in booking confirmation]
Approved Purpose / Event Type: [To be specified in booking confirmation]
Set-Up Access Time: [To be specified]
Event Start Time: [To be specified]
Event End Time: [To be specified]
Clean-Up and Full Exit Time: [To be specified]
The booking time includes all set-up, deliveries, decorating, vendor access, guest arrival, event time, tear-down, cleaning, equipment removal, and full departure from the Facility.
The Renter must not access or use any room, storage area, office, kitchen, hallway, outdoor area, parking area, field, equipment room, mechanical room, staff area, preschool space, or other area unless expressly approved in writing by BCA.
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4. NO EXCLUSIVE USE UNLESS WRITTEN
Unless BCA expressly states otherwise in writing, the Renter's booking does not include exclusive use of the entire Facility.
BCA may permit other users, staff, contractors, tenants, members, volunteers, programs, maintenance workers, emergency personnel, or members of the public to access other areas of the Facility during the Renter's booking.
The Renter must not interfere with other Facility users.
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5. FACILITY ACCEPTED "AS IS"
The Renter accepts the Facility in its existing condition at the time of use.
The Renter is responsible for determining whether the Facility is suitable for the Renter's intended purpose, attendance numbers, equipment, vendors, accessibility needs, licences, technology, decorations, catering, alcohol service, entertainment, programming, and safety requirements.
BCA makes no warranty that the Facility is suitable for any particular purpose.
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6. FEES, DEPOSITS AND PAYMENT
The Renter must pay all rental fees, deposits, charges, taxes, tariffs, additional costs, and amounts owing under this Agreement.
Payment Due Date: [As specified in booking confirmation]
No booking is confirmed until BCA has received all required:
• Signed agreements
• Deposits
• Payments
• Insurance certificates
• Permits
• Licences
• Vendor information
• Security plans
• Floor plans
• Other documents requested by BCA
BCA may cancel or release any unconfirmed booking without notice.
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7. DAMAGE DEPOSIT AND ADDITIONAL CHARGES
BCA may deduct from the damage deposit, cleaning deposit, or any card/payment method on file for any cost arising from or connected to the Renter's booking, including:
• Damage to the Facility
• Damage to floors, walls, ceilings, doors, windows, washrooms, kitchens, counters, appliances, furniture, fixtures, equipment, technology, AV equipment, parking areas, outdoor areas, landscaping, signage, keys, fobs, locks, or any BCA property
• Missing, broken, stained, altered, misused, or removed items
• Additional cleaning
• Garbage removal
• Recycling removal
• Odour removal
• Biohazard clean-up
• Bodily fluids, vomit, blood, food, drink, grease, wax, paint, glitter, confetti, smoke, cannabis, alcohol, pet, or décor-related clean-up
• Fire alarm call-outs
• False alarm charges
• Police, fire, bylaw, ambulance, security, or emergency call-out costs
• Locksmith costs
• Lost keys, fobs, codes, or access cards
• Overtime staffing
• Unauthorized access
• Late departure
• Unpaid rental fees
• Unpaid third-party charges
• Legal or collection costs
• Loss of future rental income caused by the Renter's breach, damage, delay, or failure to vacate
If the deposit is insufficient, the Renter must pay the balance immediately upon demand.
Return of the deposit does not prevent BCA from later recovering costs for damage, loss, or claims discovered after the booking.
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8. RENTER RESPONSIBLE FOR EVERYONE CONNECTED TO THE BOOKING
The Renter is fully responsible for the conduct, safety, supervision, control, actions, and omissions of all persons connected to the booking, including:
• Guests and invitees
• Attendees and participants
• Children and minors
• Parents and guardians
• Vendors and caterers
• Bartenders and decorators
• Performers and entertainers
• DJs and instructors
• Coaches and volunteers
• Staff and contractors
• Delivery personnel
• Anyone admitted to or remaining at the Facility because of the Renter's booking
The Renter is responsible for all damage, injury, loss, theft, misconduct, nuisance, disturbance, intoxication, illegal activity, breach of law, breach of BCA rules, or breach of this Agreement caused by or connected to any such person.
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9. INDEMNITY IN FAVOUR OF BCA
To the fullest extent permitted by law, the Renter agrees to indemnify, defend, and hold harmless BCA, its directors, officers, employees, volunteers, members, contractors, insurers, agents, landlords, landowners, municipal authorities, funders, successors, and assigns from and against any and all claims, demands, actions, damages, losses, injuries, deaths, liabilities, fines, penalties, costs, expenses, legal fees, judgments, settlements, and other consequences of any kind arising directly or indirectly from:
• The Renter's booking, use, event, program, class, business, service, or activity
• Any act or omission of the Renter or any person connected to the Renter
• Injury, illness, death, loss, theft, or damage involving any guest, invitee, vendor, contractor, child, parent, guardian, participant, attendee, volunteer, employee, or third party
• Alcohol service, alcohol consumption, intoxication, cannabis use, drug use, impaired driving, or related conduct
• Food service, food handling, allergies, foodborne illness, catering failure, or vendor failure
• Music, entertainment, copyright, SOCAN, Re:Sound, licensing, intellectual property, or performance rights issues
• Decorations, candles, flames, smoke, haze, fog, sparklers, fireworks, electrical use, appliances, cords, staging, equipment, or furniture
• Failure to obtain or follow any permit, licence, insurance, inspection, approval, public health requirement, fire requirement, liquor requirement, municipal requirement, or legal requirement
• Violation of any law, bylaw, public health order, fire code, building code, liquor rule, insurance condition, or BCA rule
• Damage to the Facility, lands, equipment, or surrounding property
• Disruption to BCA operations, other users, neighbours, or the community
• Cancellation, postponement, interruption, rescheduling, or early termination of the event
• Breach of this Agreement
This indemnity survives the end, expiry, cancellation, or termination of the booking or this Agreement.
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10. RELEASE AND WAIVER BY RENTER
The Renter acknowledges that use of the Facility involves risks, including but not limited to:
• Slips, trips, and falls
• Stairs, ramps, doors, flooring, snow, ice, and parking areas
• Weather-related hazards
• Sporting, recreational, and children's activities
• Food and beverage risks
• Alcohol-related risks
• Crowd behaviour
• Equipment use and electrical use
• Kitchen use and furniture movement
• Fire, smoke, alarms, and emergency evacuation
• Theft, loss, or damage
• Medical events
• Acts or omissions of third parties
To the fullest extent permitted by law, the Renter releases BCA and the protected parties listed in this Agreement from any claim, loss, damage, injury, expense, or liability arising from or connected to the Renter's use of the Facility, except where prohibited by law.
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11. LIMITATION OF BCA LIABILITY
To the fullest extent permitted by law, BCA is not liable for:
• Lost, stolen, or damaged personal property
• Vendor failure or contractor failure
• Catering failure or DJ/entertainer/performer/instructor/supplier failure
• Power interruption or internet/technology failure
• Heating, cooling, plumbing, water, kitchen, AV, or equipment interruption
• Weather-related closure or road conditions
• Government orders or emergency closures
• Public health orders
• Fire, flood, smoke, leak, mechanical failure, or building issue
• Cancellation or interruption caused by circumstances outside BCA's reasonable control
• Lost revenue, lost profit, reputational loss, emotional distress, inconvenience, or indirect damages
Where BCA is found legally liable despite this Agreement, BCA's liability is limited to the amount of rental fees paid by the Renter for the affected booking, to the fullest extent permitted by law.
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12. INSURANCE REQUIREMENTS
BCA may require the Renter to provide proof of insurance before the booking is confirmed.
Unless BCA agrees otherwise in writing, the Renter must carry commercial general liability insurance in an amount acceptable to BCA, naming Bearspaw Community Association as an additional insured.
Minimum insurance requirements may include:
• Commercial general liability coverage of at least $2,000,000 per occurrence
• Higher coverage for alcohol, high-risk activities, public events, large attendance events, sports, children's programs, recurring users, commercial users, or long-term users
• Host liquor liability where alcohol is present
• Participant liability where programs, sports, fitness, childcare, camps, or activities are involved
• Vendor insurance for all third-party vendors
• Automobile insurance for vehicles used in connection with the event
• Workers' compensation coverage where legally required
BCA may require proof of insurance at any time.
Failure to provide satisfactory insurance is grounds for immediate cancellation without refund.
Insurance does not limit the Renter's liability under this Agreement.
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13. PERMITS, LICENCES AND LEGAL COMPLIANCE
The Renter is solely responsible for obtaining, paying for, and complying with all permits, licences, approvals, inspections, insurance, tariffs, and legal requirements connected to the booking.
This may include, without limitation:
• Liquor licences
• Food permits or notifications
• Public health requirements
• Fire approvals
• Building capacity limits
• Municipal approvals
• Business licences
• Raffle, gaming, or fundraising licences
• SOCAN and Re:Sound music licensing
• Vendor permits
• Insurance certificates
• Police, security, or traffic requirements
• Child supervision and child protection requirements
• Accessibility requirements
• Occupational health and safety requirements
• Any other requirement imposed by law, BCA, insurers, landlords, landowners, municipal authorities, or public bodies
The Renter must provide copies to BCA upon request.
BCA may cancel, suspend, restrict, or terminate any booking if BCA is not satisfied that legal requirements have been met.
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14. ALCOHOL
Alcohol is not permitted unless BCA has approved it in writing before the booking.
If alcohol is approved, the Renter is solely responsible for:
• Obtaining the correct liquor licence
• Complying with all AGLC requirements
• Ensuring only legally permitted alcohol is present
• Ensuring alcohol is served only by approved persons
• Ensuring minors are not served alcohol
• Preventing intoxication
• Stopping service where required
• Arranging safe transportation
• Preventing impaired driving
• Preventing disorderly conduct
• Providing host liquor liability insurance where required by BCA
• Ensuring alcohol remains only in approved areas
• Removing all alcohol from the Facility at the end of the booking
• Indemnifying BCA for all alcohol-related claims
BCA may stop alcohol service or end the event at any time if BCA considers it necessary or appropriate.
No alcohol may be stored at the Facility without BCA's written approval.
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15. FOOD, CATERING AND KITCHEN USE
Food service, catering, cooking, food trucks, concession service, commercial food handling, and kitchen use are not permitted unless approved by BCA in writing.
The Renter is solely responsible for:
• All food safety requirements
• All Alberta Health Services requirements
• Food permits or notifications
• Approved food handling
• Allergy management
• Safe food storage and temperatures
• Cleaning food preparation areas
• Removing all food and beverages
• Vendor compliance
• Grease, spill, and waste clean-up
• Damage caused by food, drink, grease, equipment, or vendors
BCA does not assume responsibility for food quality, food safety, allergies, choking, contamination, or foodborne illness connected to the Renter's booking.
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16. MUSIC, ENTERTAINMENT AND COPYRIGHT
The Renter is responsible for all music, entertainment, copyright, performance rights, SOCAN, Re:Sound, licensing, and tariff obligations connected to the booking.
This applies to live music, recorded music, DJs, performances, background music, dance events, fitness classes, public performances, ticketed events, and any other use of protected music or content.
BCA may charge the Renter for any music licensing fees, tariffs, administrative fees, or related costs arising from the booking.
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17. VENDORS, CONTRACTORS AND THIRD PARTIES
No vendor, contractor, caterer, decorator, performer, entertainer, instructor, food truck, bartender, security provider, or third party may operate at the Facility without BCA's prior written approval.
BCA may require vendors to provide:
• Proof of insurance
• Business licence
• Food permits
• Liquor-related documents
• WCB clearance where applicable
• Safety plans
• Electrical requirements
• Load-in/load-out details
• Proof of qualifications
• Any other documents requested by BCA
The Renter remains fully responsible for all vendors and third parties, whether approved by BCA or not.
BCA's approval of a vendor does not make BCA responsible for that vendor.
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18. CAPACITY, FIRE SAFETY AND EMERGENCY ACCESS
The Renter must comply with all posted, legal, and BCA-imposed capacity limits.
The Renter must ensure that:
• Exits remain clear
• Fire lanes remain clear
• Emergency access remains clear
• Hallways remain clear
• Stairs and ramps remain clear
• Fire extinguishers, pull stations, panels, sprinklers, alarms, emergency lighting, and safety equipment are not blocked or tampered with
• Occupancy limits are not exceeded
• Decorations do not create a fire hazard
• Candles, flames, smoke, haze, fog, sparklers, fireworks, pyrotechnics, and similar items are not used unless approved in writing by BCA
BCA may immediately stop any activity, remove items, require changes, call emergency services, or end the event if safety is a concern.
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19. DECORATIONS AND SET-UP
The Renter must obtain BCA's approval before installing decorations, signage, displays, structures, backdrops, inflatables, stages, tents, arches, lighting, audio equipment, props, market booths, vendor stalls, or other event materials.
The following are prohibited unless BCA gives written approval:
• Nails, screws, staples, pins, glue, tape that damages surfaces, command strips
• Glitter, confetti, rice
• Smoke, fog, haze
• Sparklers, candles, open flames, fireworks
• Paint, permanent markers
• Wall-mounted decorations
• Ceiling-mounted decorations
• Anything that may stain, damage, mark, or create a hazard
The Renter is responsible for all damage caused by decorations, set-up, displays, vendors, or event materials.
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20. CLEANING AND CONDITION OF FACILITY
The Renter must leave the Facility clean, tidy, safe, and returned to its original condition.
Unless otherwise agreed in writing, the Renter must:
• Remove all decorations
• Remove all food and beverages
• Remove all alcohol
• Remove all personal property
• Remove all vendor items
• Remove garbage and recycling to the designated areas
• Wipe tables and counters
• Clean spills immediately
• Return furniture and equipment to the approved layout
• Ensure washrooms are left in reasonable condition
• Ensure kitchens are cleaned if used
• Ensure floors are free of debris
• Report damage immediately
BCA may charge additional cleaning fees if the Facility is not left to BCA's satisfaction.
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21. DAMAGE, LOSS AND REPORTING
The Renter must immediately report any damage, injury, incident, accident, spill, emergency, broken item, unsafe condition, lost key, alarm issue, police attendance, fire attendance, medical event, or complaint to BCA.
The Renter must not attempt to conceal damage or incidents.
Failure to report damage or incidents may result in additional charges, cancellation of future bookings, loss of deposit, and further legal action.
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22. CHILDREN AND MINORS
The Renter is fully responsible for the supervision and safety of all children and minors connected to the booking.
Children must not be left unsupervised.
Children must not access kitchens, storage rooms, offices, mechanical rooms, staff areas, outdoor areas, parking areas, stairs, equipment, or other spaces unless properly supervised and permitted.
For programs involving children, the Renter must comply with all applicable laws, insurance requirements, screening requirements, supervision ratios, child protection obligations, and program safety standards.
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23. BEHAVIOUR, NOISE AND COMMUNITY STANDARDS
The Renter must ensure that all persons connected to the booking behave respectfully, safely, and lawfully.
BCA may require any person to leave the Facility for behaviour that BCA considers inappropriate, unsafe, disruptive, disrespectful, intoxicated, aggressive, threatening, discriminatory, illegal, damaging, or inconsistent with BCA's community standards.
The Renter must comply with all noise limits and must not disturb neighbours, other users, staff, volunteers, or the community.
BCA may end the event immediately if behaviour or noise is not acceptable.
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24. PROHIBITED ACTIVITIES
The following are prohibited unless BCA gives express written approval:
• Smoking, vaping, cannabis use, illegal drugs, weapons, violence or threats
• Gambling
• Fireworks, pyrotechnics, open flames
• Animals, except legally protected service animals
• Overnight stays or sleeping in the Facility
• Unauthorized alcohol, food service, vendors, subletting, or storage
• Use of areas not booked
• Attaching items to walls, ceilings, doors, floors, or fixtures
• Moving BCA equipment without approval
• Tampering with alarms, cameras, locks, thermostats, fire systems, or safety equipment
• Any illegal or unsafe activity
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25. ANIMALS AND SERVICE DOGS
Animals are not permitted unless BCA approves them in writing.
This restriction does not apply to legally protected qualified service dogs where access is required by law.
The Renter remains responsible for any damage, cleaning, disruption, or safety issue caused by animals connected to the booking, except where prohibited by law.
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26. PARKING AND OUTDOOR AREAS
The Renter and all persons connected to the booking must park only in approved areas and must not block:
• Fire lanes
• Emergency access
• Driveways
• Neighbouring properties
• Accessible parking
• Loading zones
• Other users
BCA is not responsible for theft, damage, collision, towing, tickets, injury, or loss involving vehicles.
Outdoor areas are not included unless approved in writing.
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27. KEYS, CODES, FOBS AND ACCESS
Any key, code, fob, access card, or access instruction provided to the Renter remains BCA property.
The Renter must not copy, share, lend, transfer, publish, or misuse access credentials.
The Renter is responsible for all access using any key, code, fob, or instruction provided to the Renter.
Lost or unreturned keys, fobs, or access cards may result in charges for replacement, re-keying, locksmith services, security changes, and administrative costs.
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28. STORAGE
Storage is not included unless BCA approves it in writing.
Any approved storage is at the Renter's sole risk.
BCA is not responsible for lost, stolen, damaged, spoiled, or discarded items.
BCA may remove or dispose of unauthorized items left at the Facility. The Renter is responsible for any removal, disposal, storage, cleaning, or administrative costs.
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29. ADVERTISING AND PUBLIC COMMUNICATIONS
The Renter must not advertise, promote, publish, or represent the booking in a way that suggests BCA is hosting, sponsoring, endorsing, organizing, partnering in, guaranteeing, or responsible for the event unless BCA has approved that wording in writing.
The Renter must not use BCA's name, logo, photographs, branding, website, social media, address, or contact information in promotional materials without BCA's written approval.
BCA may require the Renter to change or remove advertising at any time.
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30. PHOTOGRAPHY, VIDEO AND MEDIA
The Renter is responsible for obtaining all required consents for photography, video, livestreaming, recording, media coverage, and use of images involving guests, children, participants, vendors, performers, staff, or attendees.
BCA is not responsible for privacy, consent, copyright, or image-use issues connected to the Renter's booking.
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31. SECURITY
BCA may require the Renter to provide paid security, police presence, supervisors, ticket control, guest lists, wristbands, check-in procedures, or other crowd-control measures.
BCA may decide the number, type, and timing of security required.
The Renter is responsible for all security costs.
Failure to provide required security is grounds for cancellation or termination of the event without refund.
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32. BCA STAFF AND SUPERVISION
BCA may require BCA staff or representatives to be present during the booking.
The Renter is responsible for staffing charges where applicable.
BCA staff are not responsible for supervising the Renter's event, guests, children, vendors, alcohol service, food service, equipment, set-up, clean-up, or program unless expressly agreed in writing.
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33. CANCELLATION BY RENTER
Cancellation by the Renter must be made in writing.
The following cancellation terms apply unless BCA agrees otherwise in writing:
• Deposits are non-refundable unless BCA decides otherwise
• Cancellation within [specified days] of the booking may result in forfeiture of all amounts paid
• No refund is owed for unused time, low attendance, vendor failure, weather, personal circumstances, illness, lack of ticket sales, change of mind, or failure to obtain permits or insurance
• BCA may retain or recover any costs already incurred
BCA may offer rescheduling at its discretion but is not required to do so.
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34. CANCELLATION, RESTRICTION OR TERMINATION BY BCA
BCA may cancel, restrict, suspend, relocate, interrupt, or terminate the booking immediately, without refund, if BCA determines that:
• The Renter has breached this Agreement
• Payment has not been made
• Insurance has not been provided
• Required permits or licences have not been provided
• The event may be unsafe
• The event may violate law, bylaw, fire code, public health requirement, liquor requirement, insurance condition, or BCA policy
• The Renter misrepresented the booking
• The expected attendance, use, or risk is different from what was disclosed
• Damage or disturbance has occurred
• Alcohol, drugs, violence, unsafe conduct, or illegal activity is present
• BCA staff, volunteers, users, neighbours, property, or reputation may be at risk
• The Facility is unavailable due to emergency, repair, weather, utility failure, government order, public health order, fire, flood, snow, power outage, mechanical failure, safety concern, staffing issue, or circumstances outside BCA's reasonable control
BCA is not responsible for any costs, losses, damages, lost profits, vendor charges, guest claims, travel costs, catering costs, entertainment costs, or other expenses incurred by the Renter because of cancellation, restriction, suspension, relocation, interruption, or termination.
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35. FORCE MAJEURE AND FACILITY UNAVAILABILITY
BCA is not liable for delay, interruption, cancellation, or inability to provide the Facility caused by events beyond BCA's reasonable control, including:
• Fire, flood, weather, snow or ice
• Power outage, water interruption, sewer or plumbing issue
• Mechanical failure, structural issue
• Public health order, government order
• Emergency response, road closure
• Labour disruption, supply issue
• Utility failure, vandalism, security threat
• Act of God
• Any other circumstance beyond BCA's reasonable control
BCA may, at its discretion, offer a refund, credit, or rescheduled date, but is not responsible for further compensation.
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36. NO ASSIGNMENT, TRANSFER OR SUBLETTING
The Renter must not assign, transfer, sublicense, share, resell, sublet, or give the booking to any other person or organization without BCA's written approval.
Any unauthorized transfer is void and may result in immediate cancellation without refund.
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37. LONG-TERM AND RECURRING USERS
For long-term or recurring users, this Agreement applies to every booking, date, room, program, class, event, and use unless BCA signs a separate written agreement.
Long-term or recurring approval does not create a lease, tenancy, exclusive possession, renewal right, or guaranteed future use.
BCA may change room allocations, access times, storage permissions, fees, insurance requirements, cleaning requirements, or conditions on written notice.
BCA may terminate recurring or long-term use if:
• The Renter breaches this Agreement
• The use no longer works operationally for BCA
• BCA requires the space for community, operational, repair, legal, funding, insurance, safety, governance, or strategic reasons
• The relationship is no longer workable
• Payment, insurance, permits, cleaning, behaviour, or communication is unsatisfactory
• BCA determines termination is in BCA's best interests
Unless otherwise stated in a signed Schedule, BCA may terminate recurring or long-term use on [X] days' written notice.
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38. DEFAULT
The Renter is in default if the Renter:
• Fails to pay any amount owing
• Fails to provide insurance
• Fails to provide licences or permits
• Breaches this Agreement
• Damages the Facility
• Allows unsafe or unlawful conduct
• Misrepresents the booking
• Exceeds approved use
• Uses unapproved areas
• Fails to clean
• Fails to vacate
• Interferes with BCA operations
• Causes reputational, legal, insurance, safety, or operational risk to BCA
Upon default, BCA may:
• Cancel the booking
• Terminate this Agreement
• Retain deposits
• Charge additional fees
• Deny future bookings
• Remove the Renter or guests
• Call police, fire, bylaw, security, or emergency services
• Recover damages, legal costs, and other losses
• Pursue any other remedy available at law
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39. COLLECTIONS AND LEGAL COSTS
The Renter must pay all reasonable legal fees, collection costs, administrative fees, court costs, enforcement costs, and other expenses incurred by BCA in enforcing this Agreement or recovering amounts owing.
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40. PRIVACY AND RECORDS
BCA may collect and use the Renter's personal information for booking administration, payment, communication, insurance, safety, legal compliance, incident management, enforcement, and record-keeping.
BCA may share information with insurers, lawyers, emergency services, public authorities, payment processors, landlords, landowners, municipal authorities, and other parties where reasonably necessary.
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41. GOVERNING LAW
This Agreement is governed by the laws of Alberta and the applicable laws of Canada.
The Parties agree that any legal proceeding connected to this Agreement will be brought in Alberta.
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42. ENTIRE AGREEMENT
This Agreement, together with any attached Schedule, Booking Confirmation, Invoice, Rules, Addendum, or written BCA approval, forms the entire agreement between the Parties.
If there is a conflict between documents, BCA may determine which provision applies, unless prohibited by law.
No verbal statement, email, text message, social media message, or informal communication changes this Agreement unless confirmed in writing by an authorized BCA representative.
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43. SEVERABILITY
If any part of this Agreement is found to be invalid or unenforceable, the remaining parts continue in full force and effect.
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44. NO WAIVER
BCA's failure to enforce any term of this Agreement does not waive BCA's right to enforce that term later.
Any waiver must be in writing and signed by BCA.
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45. SURVIVAL
The Renter's obligations relating to payment, damage, cleaning, indemnity, release, insurance, liability, legal costs, and any claim or loss survive the end, expiry, cancellation, or termination of this Agreement.
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46. RENTER ACKNOWLEDGEMENT
The Renter acknowledges and agrees that:
• The Renter has read this Agreement
• The Renter understands this Agreement
• The Renter has had the opportunity to seek legal advice
• The Renter accepts full responsibility for the booking
• The Renter accepts full responsibility for all persons connected to the booking
• The Renter accepts all fees, deposits, charges, risks, obligations, indemnities, releases, and rules set out in this Agreement
• The person signing has authority to bind the Renter and any organization named in this Agreement.
