THE ARC OF SAN ANTONIO POOL

LEASE AGREEMENT

  1. This lease agreement, made and entered into this _____ day of ______, by and between The Arc of San Antonio (The Arc) and ______, hereinafter referred to as “Lessee,” sets forth the covenants and provisions of the lease by The Arc of the facilities described below to the Lessee.
  1. CONSIDERATION. As consideration for the right to use the Arc pool facilities, in accordance with the conditions set forth herein, Lessee agrees to pay The Arc a rental fee, the cost of lifeguards and other fees as described on the attached Pool Use Reservation Form. The Arc shall only be responsible for providing lifeguards on premises and not for any other costs relating to Lessee’s use of the premises.
  1. TIME AND PURPOSE OF USE. The use intended by the Lessee is for a ______.

Date:______Time:______

Times stated above include setup and cleanup times and Lessee agrees to use the facilities ONLY during stated times without prior approval by The Arc.

Lessee shall provide and pay for any decorations, food or any other requirements of Lessee with respect to use of the premises and shall only use the premises in the manner set forth herein and consistent with the Pool Use Reservation Form and the General Facility Rules. Each is incorporated herein by reference as if fully set forth at length herein.

  1. RESTRICTION OF ATTENDANCE. The Lessee shall admit to the pool facilities a maximum of 60 people. For the Lessee’s protection, The Arc shall provide a minimum of two lifeguards for the first twenty (20) guests in attendance and one (1)additional lifeguard for every twenty (20) guests in attendance thereafter. Lessee is responsible for the cost of the lifeguards as stipulated on the Pool Use Reservation Form.
  1. CONDITION OF PREMISES. The Lessee is responsible for cleanup expenses and/or damages to the property. The facility may be decorated if desired. Decorations may be tied in place or secured with masking tape. The use of tacks, nails, brads, staples, glue or scotch tape is not permitted. All decorations must be easily removable and removed entirely from the premises and disposed of by Lessee following use of the property by Lessee. Pinatas, cascarones or any other decorations containing confetti are prohibited.
  1. SAFEGUARDING OF PROPERTY. If the pool facilities or any portion of the premises, during the term of this lease agreement, are damaged by the act, default or negligence of the Lessee, Lessee’s agents, employees, patrons, guests, or any person admitted or allowed to enter the said premises by Lessee, the Lessee shall pay to The Arc upon demand such sum as shall be necessary to restore said premises to its original condition, including all reasonable attorney fees and court costs as incurred.
  1. INDEMNIFICATION. LESSEE AGREES TO HOLD HARMLESS THE ARC FROM ANY AND ALL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS LEASE AGREEMENT, LESSEE’S USE OF THE PREMISES, OR THE USE BY A THIRD PARTY INCLUDING BUT NOT LIMITED TO LESSEE’S INVITEES’ USE, CONDUCT OR ACTIONS ON OR RELATING TO THE PREMISES, OR IN ANY MANNER RELATING TO THE SUBJECT MATTER OF THIS LEASE AGREEMENT. SUCH INDEMNIFICATION OF THE ARC SHALL INCLUDE BUT NOT BE LIMITED TO SUITS OR OTHER INSTRUMENTS OF LAW AS MAY ARISE, AS OCCASIONED BY INJURIES SUSTAINED OR DAMAGES INCURRED BY LESSEE OR ANY THIRD PARTY DURING LESSEE’S USE OF THE PREMISES.
  1. CANCELLATION POLICY. Reservations for the facilities can be canceled without penalty up to seven days prior to the date of the reservation. If cancellation is made less than seven days prior to the event, the rental fee will not be refunded.
  1. EVICTION. The Arc, through its authorized representatives, reserves the right to refuse the use of the facilities to any person, organization, or others requesting use of such facilities, or to evict any person or organization for misconduct, or when deemed to be in the best interest of The Arc. In the event of eviction for reasonable cause, Lessee shall forfeit any and all sums prepaid for the occupancy under this lease agreement, and will be responsible for the cost of lifeguards incurred prior to eviction.
  1. By signing below, I agree to be personally liable for any breaches hereof or claims arising from this Lease Agreement and to the extent I am executing this Lease Agreement on behalf of a group. Company or organization, I have been duly authorized to do so.

I affirm that I have read and been provided a copy of this lease agreement, General Facility Rules and the Pool Use Reservation Form and that I agree to abide by the terms of this Lease Agreement, the General Facility Rules and the Pool Use Reservation Form.

Lessee______

Printed Name

Signature______

Date______Telephone No.______

Accepted by______

Arc of San Antonio Representative

General

Facility Rules

  1. No food or drink is allowed in the pool. Food and drink may be consumed at designated areas around the pool (e.g. at tables).
  2. No alcohol or firearms are allowed on The Arc’s property or in the pool area. Violators will be asked to leave immediately.
  3. All refuse and waste paper must be deposited in the designated receptacles.
  4. No glass containers allowed in the pool area.
  5. No smoking is allowed on The Arc’s property.
  6. Do not leave valuables unattended around the pool area.
  7. All those entering the pool must be wearing appropriate swimming attire or bathing suits. Tee shirts may be worn over swimsuits in the water for modesty or medical reasons. No cut off shorts or gym shorts allowed.
  8. All individuals who wear diapers must have waterproof diapers on prior to entering the pool. To minimize contamination, please restrict diapered individuals to the small pool.
  9. Lifeguards have the authority to order all swimmers out of the pool at any time. This may happen during any emergency or as weather conditions dictate. The pool will be cleared if the lifeguard can hear thunder or see lightning.
  10. After appropriate warning, lifeguards have the authority to eject anyone from the pool if pool rules are not being followed.
  11. Absolutely no diving allowed in this pool due to maximum 4 foot depth!
  12. Only pool toys, floats, rafts, inflated items, kickboards, etc. that are approved by The Arc will be allowed in the pool.
  13. All parties must end by 9:00 PM.
  14. Outdoor music is allowed within the guidelines of the City of San Antonio noise ordinance.

THE ARC OF SAN ANTONIO
POOL USE RESERVATION FORM – 2017

Date and time that this form was completed:______

Person/Group Reserving the Party:

Name:______

Address:______

______

Phone #(s):______

E-Mail:______

Reservation Date:______

Reservation Time:______

Is this a family party or for an organization?______

What organization?______

What type of party will this be (birthday, etc.)?______

How many guests do you expect?______

Do you understand and agree to follow all General Facility Rules? ______

Fee Schedule

Non-profit partner agencies: $100 for 3 hours plus $13.00/hour for each lifeguard on duty

Private parties: $200 for 3 hours plus $13.00/hour for each lifeguard on duty

Arc employees: $75 for 3 hours plus $13.00/hour for each lifeguard on duty

Additional fees:

Clean-up by Arc staff/contractors - $25.00/hour

Property damage – Cost reimbursement per lease agreement

Returned check fee - $25.00

Signature: Date:

(Version 042617)