Terms and Regulations

The main contact person/applicant will:

1. Be responsible for advising all attendee's and will ensure that all attendee's adhere strictly to all regulations posted and/or attached hereto. Failure to adhere to said regulations can result in this permit being revoked without refund of any fees paid.
2. Provide a competent and trustworthy adult who will personally undertake to be responsible for the due observance of regulations governing the facilities, lands and equipment.
3. Exercise the greatest care in the use of the facility, lands and equipment and adjacent premises.
4. Report all damage immediately to the Department of Community Services, 250.495.6562.
5. Be responsible for any damages incurred. Said damages to be paid firstly by the Applicant and/or their insurer.
6. Use only the facilities, lands and equipment named in the application.
7. Not permit any other Group or Organization not named on the application to use said facilities, lands and equipment without the authorization of the Town of Osoyoos.
8. Be responsible for leaving the facilities, lands and equipment clean.  Failure to do so may result in an additional fee levied for maintenance.
9. Adhere to grass closure. Information may be obtained by calling the Department of Community Services, 250.495.6562.
10. Not use grass fields, parks etc. when closure is in effect unless specific authorization has been given by the Town of Osoyoos.
11. Not place objects in or on grass fields without first consulting with the Director of Community Services.
12. Call the Department of Community Services, 250.495.6562 and cancel the permit if you do not plan to use it.
13. Will not permit liquor or beer on any Premises unless a liquor permit is in effect.  A copy of said permit shall be presented and attached to this application prior to use of said facility.
14. Pay all fees levied according to this application including but not limited to, costs associated to any breach of this agreement.
15. Ensure all Emergency Services have been notified, placed on standby, or arrangements have been made to have them on site if required, for any large events.
16. Be responsible for the provision of additional temporary bathroom facilities for large events, where the existing Town facilities are inadequate to meet the demands of the event.

Release of Liability, Waiver of Claims and Indemnity Agreement

The Applicant accepts, and in consideration of "The Town of Osoyoos" accepting my/our application for use of their land, facilities and equipment, as scheduled herein, (hereinafter referred to as "the facilities."  I/we hereby agree as follows:
 

1. TO WAIVE ANY AND ALL CLAIMS that I/we have or may in the future have against The Town of Osoyoos and its elected officials including directors, officers, employees and representatives (all of whom are hereinafter collectively referred to as "the Releasees");
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I/we may suffer, or that my next of kin may suffer as a result of my/our use of or my/our presence on the facilities due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OR CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIER'S LIABILITY ACT OF BRITISH COLUMBIA, RS Chap. 337, 1996, ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNITY THE RELEASEES from any and all liability for any damage to property of, or personal injury to, any third party, resulting from my/our use of the facilities; and
4. This agreement shall be effective and binding upon my/our heirs, next of kin, executors, administrators, assigns and representatives in the event of my/our death(s) or incapacity.

 
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
 
Prior to the execution of this Agreement the Applicant will obtain and maintain comprehensive general liability insurance including, without limitation, coverage for the indemnity provided herein, on terms satisfactory to the Municipality.  The Municipality is to be included as additional insured.  Such policy will be written on a comprehensive basis with inclusive limits of not less than $2,000,000.00 per occurrence including $2,000,000.00 for bodily injury and/or death to any one or more persons including voluntary medical payments and property damage or such higher limits as the Municipality may require from time to time.  The policy will contain a clause providing that the insurer will give the Municipality thirty (30) days prior written notice in the event of cancellation or material change.  The Applicant will provide the Municipality with evidence of such insurance coverage in the form of an executed copy of a Certificate of Insurance in a form satisfactory to the Municipality ten (10) days prior to the execution of said agreement.
 
It is the sole responsibility of the Applicant to determine what additional insurance coverage’s, if any, including but not limited to Workers Compensation and Participants Insurance, are necessary and advisable for its own protection and/ or to fulfil its obligations under this contract. Any such additional insurance shall be maintained and provided at the sole expense of the Applicant.
 
The Applicant warrants and represents that if he/she executes this Application on behalf of a Group or Organization that the Applicant has sufficient power, authority and capacity to bind the Group or Organization with his/her signature.
  
The Applicant, in consideration of being granted permission to use the facilities agrees to be bound by the Terms and Regulations and if the Applicant represents a Group or Organization, the Applicant agrees to inform all responsible officials associated with the Group or Organization of the Terms and Regulations and Waiver and Indemnity Clause.

Other Required Documents