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Indemnity Agreement

  1. Event Contact

  2. Rooms Requested

  3. Waiver of Subrogation:

    Notwithstanding anything contained herein to the contrary, each party hereto hereby releases and waives all claims, rights of recovery, and causes of action that either such party or any other person or entity claiming by, through, or under such party, by subrogation or otherwise, may have against the other party for any and all loss of, or damage to, any of its premises, which loss or damage is covered by valid and collectible fire and extended coverage insurance policies, to the extent that such loss or damage is recoverable under such insurance policies.

    Insofar as this paragraph will preclude the assignment of any claim by way of subrogation or otherwise to an insurance company, each party hereby agrees immediately to give to each such insurance company which has issued its policies of fire and extended coverage insurance, written notice of the terms of this waiver of subrogation and to cause such policies to be properly endorsed, if necessary, to prevent the invalidation of such insurance coverage by reason of such waiver of subrogation. Provided, however, that this waiver shall be ineffective against any insurer of either party hereto to the extent that such waiver is prohibited by the laws and insurance regulations of the State of Texas.

  4. Fleming Community Center Reservation Agreement Form

  5. Reservations

    Dates are subject to availability. Requests must be made a minimum of 7 days prior to an event and coordinated with the Parks and Community Development Department. Reservation requests made less than 7 days prior may not be filled due to staffing or availability issues.

    All reservations for events to be held at the Center must be made during regular business hours: Monday-Friday, 8:30 am - 4:30 pm.

    Reservations are made on a first come, first served basis and may only be made after August 1 for September - January; January 1 for February - April; and April 1 for May - August. Events can be scheduled more than 3 months in advance through the special event process with a deposit paid. Reservation requests made outside these time frames may not be filled due to staffing or availability issues. The City of Elgin is not obligated to provide use of the facility to any individual or organization.

    The City reserves the rights to book more than 1 event in the center at a time. A party may elect to rent the entire facility, if sharing the facility is not possible.

    All fees will be determined via the completed and submitted request/reservation form and the fees will be paid in full prior to reservation confirmation. Any changes to the event must be communicated in writing to city staff for review, approval and adjustment of fees, if needed, at a minimum of 7 days prior to the event. Event changes may result in cancellation, at the discretion of the City of Elgin. Any changes not submitted may result in the loss of exclusive use of the Elgin Community Center facility and/or any city property.

  6. Responsibilities

    The Event Contact listed must assume all responsibilities for the event. No part of the event may be delegated to other groups or individuals that are not listed on the reservation form as responsible parties. The Event Contact must be at least 18 and having no prior restrictions to using city facilities. The Event Contact is responsible for relaying policy to all members of their party.

    Fleming Community Center reservations follow other park facilities reservation policies. The city is not responsible for lost, damaged, or stolen items during the event or while left within the facility or food items left in the kitchen.

    Disorderly conduct, abuse of the facility, equipment, or staff, and/or disregard for the policies and city regulations will result in immediate dismissal from the facility. Additional sanctions may include: disciplinary action, police action, reimbursement for damages, and/or potential suspension from the facilities and/or programs.

    Any user asked to leave by the staff will not be refunded any paid fees and will be responsible for any damages and/or outstanding fees.

    Only approved and appropriate activities as designated by city staff will be allowed within the building and the event contact must declare any and all activities scheduled within the building. No activity, performance, exhibition, or entertainment shall occur in the facility which is potentially dangerous to the public, is illegal or could be considered indecent, obscene, lewd, immoral or offensive to a person of ordinary sensibilities. In the event it is determined by the City, in their sole discretion, that this section is or will be violated, the City shall have the right to demand that Event Contact immediately omit such attractions.

    If the event contact fails to comply with the City’s request, the City Staff shall have the right to cancel the event, without refunding reservation fees and or any Deposit. City staff reserves the right to enter the facility at any time for any reason.

  7. Facility

    No animals other than certified service animals are permitted in the Fleming Community Center.

    On site storage is not available. Event planners, recreation contractors, individuals and or organizations must take all supplies at the end of their event.

    Any changes or damages made to the facility will result in assessment of fees for cleaning and or repair, and or loss of deposits, and or loss of exclusive use of the Fleming Community Center and or other city facilities.

    The City of Elgin must be listed as an additional insured for events serving alcohol that include more than 75 guests or if, in the discretion of the city, insurance is needed for the event. As well a $250 deposit is required by the city. Insurance and criminal background checks may be required by instructors and trainers.

    For Event Contacts that do not carry insurance, insurance is available through TML (Texas Municipal League) and the Tenant User Liability Insurance Protection (TULIP) program. These entities can assist the Event Contact with acquiring the necessary insurance at affordable rates. For additional information please contact the City. Event Contacts may secure insurance through another qualified provider and are required to submit proof of insurance before their event begins. General Liability Limit is $100,000.

  8. Facility Continued

    Event Contacts shall leave the Center in the same condition as when the Event Contact took possession. All trash shall be removed from the Center, whether during or immediately following the event, and placed in the appropriate exterior containers. Please be advised that the time it takes to clean the leased area is part of the event time. If additional time is required to clean the utilized area, the Event will be charged accordingly.

    This agreement does not relinquish the right of City of Elgin to control the management and operation of the Center and to enforce all rules and regulations regarding same.

    Children must be accompanied by a parent or responsible adult at all times.

    Smokers are required to use the designated outdoor areas and receptacles only. Smoking in the Center will result in a forfeiture of the Security Deposit, and or assessment of additional fees for cleaning and or repairs.

    Subleasing of the Center is strictly prohibited. The named Event Contact must be the individual or entity holding or sponsoring the event.

  9. Facility Decorations

    No banners, flyers, posters or signs may be distributed on the property.

    No event materials, including banners, flyers, posters or signs may be nailed, stapled, tacked or driven into any portion of the center, whether inside or out, or affixed to the Center in such a way that causes any changes, alterations, discoloration, staining, or need for repairs. In addition, tape and other adhesive materials may not be applied to walls or other surfaces in the Center without prior approval by the City of Elgin. Outdoor signs and banners must be preapproved by city staff before installation.

    All decorative materials must be flame proof or enclosed in a flame proof container (e.g. fish bowl, hurricane glass cover).

    Fire exits, exit signs and air system inlets or outlets must remain accessible and visible at all times.

    The following materials are prohibited inside the Center: straw, hay, glitter, confetti, birdseed, rose petals, rice, sequins, chemical light glow products including but not limited to bracelets, necklaces, and glow sticks, and artificial snow. Balloons cannot be filled with any of the above items.

    Rice, birdseed, paper confetti and rose petals are permitted in the parking lot and street areas of the Center only. Notwithstanding the above, the City of Elgin reserves the right to prohibit or remove from the Center any item not set forth herein if in his/her discretion the item may cause damage to the Center.

    If a Lessee has any questions about whether a particular item is permitted in the Center, please speak with the City representative prior to your scheduled event. The City is not liable for the cost of a prohibited item or decoration that was purchased for an event but may not be used.

  10. For All Community Center Users

    Please read and check each box to signify that you understand.

  11. Hold Harmless / Indemnity Agreement

    In consideration for the City of Elgin (the “City”) allowing the undersigned person or entity (“User”) to use certain facilities owned by the City described as follows:

    The “Facilities” User hereby releases the City from, and assumes entire responsibility and liability for, any claims or actions based on or arising out of injuries, including death, to persons or damages to or destruction of property, including, but not limited to, the Facilities, sustained or alleged to have been sustained in connection with or to have arisen out of or incidental to the User’s use of the Facilities.

    The User further agrees to indemnify and hold harmless the City regarding any such matters and agrees to defend any claim or suit or action brought against the City related to the User’s use of the Facilities.

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