CSTMC – CSTM–18-04-04*
This FACILITY USE AGREEMENT(the “Agreement”)is made as of this 20thday ofOctober, 2017.
BETWEEN:NATIONAL MUSEUM OF SCIENCE AND TECHNOLOGY
Operating under the name of the
CANADA SCIENCE AND TECHNOLOGY MUSEUMS CORPORATION
P.O. Box 9724, Station “T”
Ottawa, Ontario
K1G 5A3
(hereinafter the "Corporation"), a corporation which is an agent of Her Majesty in Right of Canada
AND
XXXXX
(hereinafter the "User")
WHEREAS the Corporation is owner of certain premises including but not limited to the Facility;
AND WHEREAS pursuant to the following terms and conditions, the Corporation has agreed to permit the User to use the Facility and Corporation premises more particularly described herein.
The Corporation will make available to the User the part of the Corporation facilities known as:
Enter Museum name:Canada Science and Technology Museum(the “Facility”)
Enter which area of the Museum is being made available:
The CORPORATION and the USER AGREE as follows:
A. Event details
A.1. General Information
Event Title:
Event Date
Event Duration:
User set up starting:User takedown no later than:
Type of event:
Number of guests expected:Maximum:
Museum Event Coordinator: Andréanne TessierTelephone number: 613-797-2433
Schedule of Events
Date / Type / Start Time / End Time / # of guests / RoomSet up / Organizers + Event Staff
Guests exit
Teardown: Everything must be removed. All external parties exit. / Organizers
Description and fees
Description / Quantity / Price / TotalEvent Space:
Equipment: indoors
Tables (rectangular and/or round) / Included
Chairs (banquet) / Included
Mic and podium / Included
Screen/Projector / Included
Socan: Government mandated music fee
Resound: Government mandated music fee for recorded music
Staff
Event staff / Included
Security / Included
Cleaners / Included
WIFI / Included
Insurance
Please note that parking is @ $8/car for the entire day
If you wish to add parking it can added to the final invoice for the event
SUBTOTAL
HST
Total
Non-refundable deposit 25% / Date:
Balance Due / Date:
Security Deposit / Date:
A.2Signature of Agreement
This Agreement must be signed by both parties and all required documents (insurance certificate(s), permits, licences and the like) must be provided to the Corporation at least two (2) weeks prior to the Event Date.
A.3 Failure to Comply
Failure to comply on the part of the User with the terms and conditions set out in this Agreement without the approved written consent of the Corporation will result in cancellation of the Event.
A.4Additional Costs
Additional costs incurred by the User in accordance with the terms and conditions stated in this Agreement are payable by the User no later than thirty (30) days from the billing date.
A.5Payment
Cheques are to be made payable to either:
The Canada Science and Technology Museum
or
CANADA SCIENCE AND TECHNOLOGY MUSEUM CORPORATION
and are to be sent at:
Canada Science and Technology Museum Corporation
Facility Rentals
P.O. Box 9724, Station "T"
Ottawa, Ontario
K1G 5A3
Attention: Financial Services
(Please indicate Agreement number on back of cheque.)
A.6In the event the User is made aware of activities of misconduct during the use of the Facility that could lead to personal injury or property damage, the User shall take immediate and decisive action to prevent participants and the general public attending the Event from engaging in such activities.
A.7The Corporation may require the User, at its own expense, to submit a Security Plan. Such a plan
may be required where police officers or security guards are to attend the Event and provide security services.
A.8In the event of an incident, which shall include bodily injury of the User, a participant or a member of the public, or damage to the Corporation’s property or the property of a third party, the User shall follow the Incident Reporting Procedures set out below, being:
(a)to immediately advise a member of the Corporation’s staff of the incident and request they call 911, when Police, Ambulance, Fire (or the like) is required; or
(b)where a member of the Corporation’s staff is not readily available, to immediately advise an on-site Protection Services’ representative of the incident and request them call 911, when Police, Ambulance, Fire (or the like) is required.
A.9The User, the sponsoring organization (if any), their employees, volunteers and agents shall cooperate with the Corporation’s representatives, the police, investigating authorities and any the insurance companies involved in the incident or any matter that gives rise to an investigation.
A.10Additional requirements:
- Insurance is contingent upon the provision of liquor license or permit number.
- User is responsible for provision of liquor license or permit number two weeks prior to the event date.
1.Terms and Conditions of this Agreement
1.1Where an individual, the User must be at least 21 years old.
1.2The person who signs the Agreement on behalf of the User or any sponsoring organization must be duly authorized to do so on behalf of the User and is responsible for ensuring that such authorization has been duly granted.
1.3It is the responsibility of the User to make all members of its group using the Facility aware of the terms and conditions of this Agreement and to provide the members of its group with a copy of this Agreement, if required.
1.4The Corporation will not provide public space, facilities and/or properties within its jurisdiction to an individual or group that supports or promotes views, ideas or presentations which promote or are likely to promote a view or position which is contrary to the principles and values of the Corporation including, without limitation, discrimination, contempt or hatred to any person on the basis of race, national or ethnic origin, colour, religion, age, sex, marital status, family status, sexual preference, or disability, gratuitous sex and violence or denigration of the human condition. The Corporation reserves the right to cancel the Agreement if any of the above-noted circumstances arise.
1.5Permission to use the Corporation's Facility in no way constitutes approval to engage in any unlawful activity or conduct in a manner that would violate any federal, provincial or municipal law or regulation.
1.6The approved occupancy capacity of the Facility is 100 persons. It is the responsibility of the User to ensure that the maximum number of persons using the Facility does not exceed the approved occupancy capacity of the Facility.
2.Amendment, Re-scheduling or Cancellation
2.1The User shall not assign, transfer or extend any of its rights pursuant to this Agreement without the prior written consent of the Corporation which can be refused for any reason. Any consent granted shall be binding upon the parties and their respective heirs, successors, executors, administrators and permitted assigns.
2.2Should the User give written notice to the Corporation thirty (30) or more days from the Event Date of its request to reschedule the Event and provided the User has fully complied with the terms of this Agreement, the Corporation will, subject to availability, reschedule the Event at no extra charge. Should the User give written notice to the Corporation less than thirty (30) days from the Event Date of its request to reschedule the Event and provided the User has fully complied with the terms of this Agreement, the Corporation will, subject to availability, reschedule the Event for an additional charge of 10% of the Fee.
2.3Should the User give written notice to the Corporation thirty (30) or more days from the Event Date of its request to cancel the Agreement and provided the User has fully complied with the terms of this agreement, the User shall relinquish 25% non-refundable deposit to the Corporation. Any additional monies collected as part of this Agreement shall be refunded.
The Corporation shall deduct the cancellation fee from the monies received by it from theUser and will refund any balance remaining to the User.
2.4The Corporation reserves the right to cancel the Agreement at any time in event of any of the following occurrences:
(a)a disaster or emergency; or
(b)the Facility or the Corporation premises are damaged so as to be unusable; or
(c)the Corporation anticipates that the Event will result in damages to the Facility or Corporation premises or is unsafe or contrary to public policy; or
(d)the User has not complied with the terms or conditions of this Agreement.
Should cancellation of the Event occur at the request of the Corporation for reasons listed in subsection (a) or (b) above, a full refund will be issued to the User if an alternative date cannot be agreed by the parties. Should cancellation of the Event occur at the request of the Corporation for reasons listed in subsection (c) or (d) above, no other form of compensation will be provided by the Corporation for cancellation of the Agreement.
2.5 Force Majeure
If the fulfillment of this Agreement is prevented, rendered impossible or infeasible, by any act of God or regulation of any public authority, civil tumult, strike lockout or labour dispute (whether or not involving the Corporation or its affiliates), epidemic, war conditions, emergencies, natural disasters or any cause beyond the control of the parties, the Agreement may then be terminated for any or more of such reasons by written notice from one party of the Agreement to the other and that neither party will make any claim against the other for damages, costs, expected profits or any other loss arising out of the cancellation of the Event and it is understood and agreed that there shall be no claim for damages against the obligated party for failure to perform the obligations that were so prevented or infeasible.
2.6Amendment, rescheduling or cancellation of the Event must be delivered by written notice from one party of the Agreement to the other.
3.Restrictions on Use
3.1Smoking
The Facility is designated “non-smoking” in accordance with federal and municipal regulations. Smoking is strictly prohibited except in designated exterior areas.
3.2Parking
Parking is available in designated areas only.
3.3Food & Beverages
No food or beverages are permitted outside the space(s) designated for the consumption of food or beverages except as provided in Section8 and approved by the Corporation.
3.4Facility Emergency Exits
All fire equipment, emergency exits, windows and doors must not be hindered nor obstructed at any time.
3.5Decorations and Signs
Subject to Section 8, the User shall provide at its own expense, all equipment, signs, and rental and decor items (the “Items”) as approved by the Corporation, including the set-up of these Items prior to the Event Date and the removal of these Items immediately after the Event. All Items used by the Userand/or provided by the User must be freestanding and approved by the Corporation prior to the Event Date.The Items shall not obstruct exits, entrances or exhibit banners or signage. Signs on exhibits and walls (interior and exterior) are not permitted unless approved by the Corporation. Relocation of any Museum exhibits is prohibited unless approved by the Corporation. Notwithstanding Section 10, the User is responsible for removing all Items immediately following the Event and shall bear all costs associated with restoring the Facility and/or Corporation premises to its (their)original state as it was (they were) prior to the Event. All areas must be clear and clean for the next day’s Corporationbusiness and activities. Failure to comply with this provision will result in additional fees being levied by the Corporation against User at the Corporation’s discretion.
3.6Other
No open flames or candelabras, bubble machines (or any similar devices), natural trees, potted plants, petals, strewn rice, confetti, insects or animals are permitted. Unless treated for pest control, and pre-approved by the Corporation’s Conservation Services,dried flowers / vegetablesfruits or hay & straw shall not be permitted. Lighting may not be added to any exhibit panels, artefacts and exhibits in any of the Museum’s exhibition areas without prior approval of the Manager, Conservation Services. Pyrotechnics and fireworks for use in the Facility or on Corporation premises are strictly prohibited unless theyare approved by Facility Services, Protection Services and Administrative Services. Permits and applicable licences must be provided to the Corporation two (2) weeks prior to the Event Date (refer to Section 4).
4.Permits, Licences & Royalties
4.1The User shall at its own expense, respect and comply with federal, provincial, regional and municipal laws and regulations and obtain all necessary permits, authorizations, licences and approvals.
4.2The consumption, sale or distribution of alcoholic beverages is prohibited in the Facility or on Corporation premises unless authorized by the Corporation prior to the Event and the User has obtained the appropriate permits and licences.
4.2.1The User shall comply with the Liquor Licence Act of Ontario as amended from time to time, as it relates to the Alcohol and Gaming Commission of Ontario Special Occasions Contract regulations.
4.2.2All permits, licenses and levy receipts must be obtained by the User and displayed in the designated area where alcohol will be consumed, sold or distributed.
4.2.3Personnel serving alcoholic beverages in the Facility or on Corporation premises must possess a valid designation and shall have been trained by a recognized alcohol server training course which included Smart Serve, S.I.P. and TEA.
4.3SOCAN & Re:Sound
Where musical entertainment is, or may be a component of the Event, the Corporation is required by law to collect a royalty fee from the User for the benefit of the artists which originally produced or performed the music. The cost is identified and set out in Section A.
- Indemnification
5.1 The User shall indemnify and save harmless Her Majesty the Queen in right of Canada and the Corporation from and against any and all claims, damages, suits and actions whatsoever, including any claims for any personal injury (including death resulting therefrom) or any loss of or damage to property,which arise out of matters under the control of the User, or which are the result of negligence or intentional misconduct on the part of User or its officers, directors, employees, agents, or contractors. The User shall have the sole right to defend such claims at its own expense. The Corporation shall provide, at User's expense, such assistance in investigating and defending such claims as the User may reasonably request. If the Corporation is made a party to any litigation commenced by or against the User, the latter shall promptly indemnify and hold harmless the Corporation and shall pay to the Corporation all costs and expenses incurred or paid by the Corporation in connection with such litigation.
5.2The Corporation shall seek full restitution for any loss or damages to the Facility, Corporation premises, equipment or property caused by the act or neglect of the User, its officers, employees, agents, contractors, volunteers or attendees arising from the use of the Facility. Any such damage or loss may be repaired or paid by the Corporation and any and all costs incurred by the Corporation as a result shall be payable by the User on demand.
6.Insurance
6.1The User agrees to the terms and conditions provided and described in Appendix “A” and Appendix “C” and further agrees to comply with all of their requirements and covenants.
7.Provision of Supplies, Equipment and Services
7.1The Corporation reserves the right to approve all equipment and services proposed by the User for use at the Event to ensure conformity with established standards (ie. electrical and safety standards, etc.).
7.2If the Event requires food and beverage services, the User is required torequest a quote from Tulips and Maple. A list of recommended caterers is available in Appendix “B”. The User shall be fully responsible for the caterers’ cost.
7.2.1Caterers appearing on the Corporation’s preferred vendor list are subject to 6.5% venue surcharge based on total catering services rendered. Caterers external to the Corporation’s preferred vendor list are subject to a 10% venue surcharge based on total catering services rendered. The caterer is responsible for payment to Canada Science and Technology Museums Corporation. Total catering services excludes taxes and gratuity.
7.2.2All caterers external to the corporations preferred vendor list are responsible for the provision of a General Liability Insurance certificate listing Canada Science and Technology Museums Corporation as additional insured with coverage up to $5,000,000 for the service of food and alcohol. Where the caterer is not responsible for the provision of liquor permit or license required coverage is $2,000,000.
The selected caterer for the Event is:
______
[insert name of caterer selected, if any]
7.3The User shall arrange for all goods being used for the Event to be delivered in accordance with the terms and conditions as specified in this Agreement.
7.3.1 Information regarding deliveries to the Corporation on behalf of the User for the Event must be provided to the Corporation in writing no less than seventy-two (72) hours prior to the delivery date. Where the Corporation receives written notice less than seventy-two (72) hours before a scheduled delivery or if the Corporation is not advised of the delivery in advance, the Corporation reserves the right not to accept delivery.
7.3.2 Deliveries arriving in advance of the Event Date shall be delivered to the Corporation site’s receiving area c/o the Facility Rental Coordinator no more than one (1) business day prior to the Event and must be identified with the Facility Rental Coordinator’s name.
7.3.3 Where deliveries are made on the Event Date, the User shall ensure that the deliveries are made as per the schedule and locations confirmed in writing by the Facility Rental Coordinator.
7.3.4 All deliveries must be pre-approved by the Event Coordinator and are subject to space availability.
7.4Contractors selected by the User to perform a service or provide supplies are subject to the approval of the Corporation. Attached as Appendix “C” is a list of suppliers recognized by the Corporation.
7.5The User shall be responsible for maintaining the security of the Facility, Corporation premises, equipment and property, as well as the equipment supplied by a company or individual contracted by the User against all damage, theft or any other mishap.