KPU will provide the Renter with the Facilities described on the Terms Sheet. The Renter will use the Facilities only for the purpose set out in the Contract. The Renter will maintain the Facilities in good working order (no damage) throughout the time of the Renter’s access or use of the Facilities. The Renter is not permitted to use any electrical appliances, whether for food preparation or for other purposes except with KPU’s prior written consent. All displays, exhibits, decorations and signage must be pre-approved by KPU and be freestanding and not fixed to any wall, ceiling or floor. The Renter hereby represents and warrants to KPU that the Renter has all approvals, permits, licences and consents necessary for the Renter to enter into the Contract, perform and observe the terms and conditions of the Contract, and carry out the activity at the Facilities. The Renter will at all times comply with all applicable federal, provincial, and municipal legislation and regulations.
The Renter will vacate and return the Facilities in good working order and in a clean and orderly condition upon expiry of the time set out in the Term Sheet. The Renter is responsible for all extra cleaning costs incurred due to poor condition of the Facilities upon completion of the Renter’s event, the costs of which KPU is entitled to deduct from the damage deposit described in the Terms Sheet (the “Damage Deposit”). The Renter shall not affix any décor or signage (which, as set forth above must be pre-approved by KPU) to KPU property with nails, screws or staple guns and all such décor and signage shall be removed by the Renter immediately following any single event at the Facilities. After the completion of each use or occupation of the Facilities, KPU will assess the condition of the Facilities to determine whether the Facilities have been left in good working order and a clean and orderly condition. If KPU determines, in its sole discretion, that the Facilities were not left in a clean and orderly condition, the Renter will pay to KPU, due immediately upon receipt of invoice, KPU’s costs for cleaning and/or repairing the Facilities and KPU may deduct such amount from the Damage Deposit. If the costs for cleaning and/or repairing the Facilities exceed the amount of the Damage Deposit then the Renter shall immediately pay the excess amount to KPU upon demand.
The Facilities will be provided to the Renter on an “as is, where is” basis. The Renter shall examine the Facilities before taking possession hereunder and such taking of possession shall be conclusive evidence that at that time, the Facilities were in good order and satisfactory condition. The Renter will only use the Facilities for the proposed use stated in the Terms Sheet and for no other purpose.
The Renter agrees to pay to KPU the total rental amount set out in the Terms Sheet under “Rental Fees” plus all applicable taxes (the “Rental Fee”). The Renter agrees to pay to KPU the Damage Deposit set forth in the Terms Sheet, no later than 10 business days prior to the first rental date, which amount will be returned to the Renter within 10 business days after the last rental date, subject to the deductions permitted hereunder. KPU may deduct from the Damage Deposit all amounts payable by the Renter to KPU under the Contract including without limitation costs for cleaning and repairing damage caused during the Renter’s occupation or use of the Facilities. If there is any amount of the Damage Deposit remaining after deduction of those amounts, KPU will pay that remainder to the Renter. Damage deposit amounts will vary depending on the type of event.
Payment of the Rental Fee and Damage Deposit can be made by cheque, money order made payable to KPU or credit card by coming into the campus with your invoice. KPU must receive full Rental Fee plus Damage Deposit at least 10 business days (unless a shorter period is otherwise agreed to by KPU on the Terms Sheet) prior to commencement of the Renter’s use of the Facilities.
The Renter agrees to pay all other fees described in this Contract in accordance with the terms and conditions set forth herein.
- Indemnification and Hold Harmless:
The Renter hereby agrees to indemnify and save harmless KPU and any of its officers, employees, servants, agents, contractors and representatives (the “KPU Indemnitees”) from all losses, claims, damages, actions, causes of action, costs and expenses that the KPU Indemnitees may sustain, incur, suffer or be put to at any time, either before or after the Contract ends, where the same or any of them are based upon, arise out of or occur, directly or indirectly, from (i) the use and/or occupation of the Facilities by the Renter or any of its officers, employees, servants, agents, contractors, representatives or volunteers, (ii) any negligent act or omission by the Renter or any of its officers, employees, servants, agents, contractors, representatives or volunteers, or (iii) any breach or non-performance of any representation, warranty, covenant or agreement of the Renter contained in the Contract. This provision shall survive the completion or termination of the Contract.
- Liability Insurance Clause:
The Renter must, without limiting the Renter’s obligation or liabilities and at the Renter’s own expense, purchase and maintain throughout the Term of the Contract (as defined below under “Term, Termination or Cancellation”) the following insurances with insurers licensed in Canada in forms and amounts acceptable to KPU:
Commercial General Liability in an amount not less than $2,000,000.00 inclusive per occurrence against bodily injury, personal injury and property damage and including liability assumed under the Contract and this insurance must:
- include KPU, its officers, employees, servants, agents, contractors and representatives and all others for whom it may be in law responsible as additional insureds;
- be endorsed to provide KPU with 30 days advance written notice of cancellation or material change; and
- include a cross liability clause.
Tenant’s Legal Liability endorsement on the Commercial General Liability insurance policy in an amount sufficient to replace the Facilities leased or rented by the Renter or, if such endorsement is unavailable, Tenant’s Legal Liability insurance in an amount sufficient to replace that portion of the Facilities leased or rented by the Renter and be endorsed to provide KPU with 30 days advance written notice of cancellation or material change.
All insurance must be primary and not require the sharing of any loss by any insurer of KPU. The Renter must provide KPU with evidence of all required insurance in the form of a completed Certificate of Insurance:
- within 10 business days prior to the occupation or use of the Facilities;
- if the insurance expires before the end of the Term of the Contract, within 10 working days of expiration; and
- Notwithstanding (a) or (b) above, if requested by KPU at any time, the Renter must provide to KPU certified copies of the required insurance policies.
The Renter shall provide, maintain, and pay for, any additional insurance which it is required by law to carry, or which it considers necessary to cover risks not otherwise covered by insurance specified in this schedule in its sole discretion.
- Events Involving Alcohol:
If the Renter wishes to serve or permit consumption of any alcohol at the Facilities then it must obtain all applicable permits, licenses and approvals from all applicable governmental authorities for serving alcohol at the Facilities, and the Renter shall cause at all times during its occupation of the Facilities to ensure it is in compliance with all such permits, licenses and approvals. Alcohol must only be served and consumed in designated licensed areas. The Renter hereby assumes all responsibility and liability in connection with serving and the consumption of alcohol at the Facilities. KPU may require the Renter to hire security services at the sole cost of the Renter whether or not alcohol is served or consumed at the Facilities.
- Third Party Service Providers:
The Renter acknowledges and agrees that in certain cases, KPU will be required to provide certain services through specific providers. All third party service providers hired by the Renter to provide services at the Facilities (including, without limitation, security, catering, and/or bartending) must receive prior written approval by KPU.
- Noise Bylaws
The Renter will not make, or permit to be made, any noise or sound that, in the opinion of KPU, tends to unreasonably disturb the quiet, peace, rest, enjoyment, comfort or convenience of the persons in the vicinity without the prior written consent of KPU. Without limiting the generality of the foregoing, the Renter will comply with the applicable municipality noise bylaws.
- Use of Trademarks:
All trademarks, trade names, service marks, logos, designs and symbols of KPU are owned by KPU and any use thereof is strictly forbidden unless KPU provides its prior written consent and such consent will be granted at KPU’s sole discretion. Without limiting the generality of the foregoing, the name “Kwantlen Polytechnic University” must not appear in the heading of any of the Renter’s advertising or promotional materials. Also, the Renter agrees to not cause, directly or indirectly, KPU to be perceived as sponsoring, endorsing or otherwise promoting or supporting the Renter’s events, activities, products or services.
- Force Majeure:
KPU will use commercially reasonable efforts to make the Facilities available to the Renter during the times and dates set out in this contract. However, in the event that KPU shall be delayed or hindered in performing its obligations under the Contract or providing access to or use of the Facilities or by reason of strikes, lock-outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots insurrection, war or other reason of a like nature, then KPU may terminate the Contract providing the Renter with two days prior written notice thereof.
- Change Requests:
In the event the Renter wishes to change the dates, times, proposed use and/or Facilities under this Contract, the Renter will submit such change request to KPU’s Facilities Services by email (email@example.com) and KPU may, at its discretion and subject to availability, agree to such change request. Where KPU agrees to accept the change request, KPU reserves the right to change the Rental Fee, and the Renter agrees to pay the change fee (in addition to any change to the Rental Fee) noted in the Terms Sheet, which KPU is entitled to deduct from the Damage Deposit.
- Term, Termination or Cancellation:
The term of the Contract shall commence on the date the Contract is signed by KPU and the Renter and shall expire 30 days after the last rental day specified in the Terms Sheet (the “Term”), as modified from time to time. The Renter’s access or use of the Facilities will terminate upon expiry of the Term or upon the cancellation or termination of the Contract, whichever occurs first.
Renter’s Cancellation or Termination: The Renter will notify KPU’s Facilities Services by email (firstname.lastname@example.org) should they wish to cancel all or part of their room rental under this Contract. No refunds will be issued to the Renter if such cancellation notice is received within 10 business days prior to the cancelled event. In addition and notwithstanding when such cancellation notice is received, the Renter agrees to immediately pay to KPU the cancellation fee specified in the Terms Sheet, which KPU is entitled to deduct from the Damage Deposit.
KPU Cancellation or Termination: Notwithstanding any provision contained herein, KPU reserves the right to cancel all or part of the Renter’s reservation, or to terminate the Renter’s access or use, of the Facilities immediately upon giving the Renter written notice by either e-mail, fax or by mail of such cancellation or termination. In the event the Renter defaults in the performance of its obligations hereunder or breaches any of its obligations hereunder, then KPU may terminate the Contract and retain all amounts prepaid by the Renter, including any Damage Deposit, as a penalty. In the event KPU terminates or cancels the entire Contract or cancels any part of the Contract as a result of a force majeure event or for any reason other than the Renter’s breach or default of its obligations hereunder, then KPU will refund all amounts prepaid by the Renter on account of the rental dates being cancelled. In the event KPU cancels or terminates the entire Contract as a result of a force majeure event or for any reason other than the Renter’s breach or default of its obligations hereunder, KPU shall refund the entire Rental Fee, including any Damage Deposit. The refunds described above will be the Renter’s sole and exclusive remedy against KPU for performance of KPU’s obligations under the Contract.
- Renter’s Conduct:
The Renter must maintain a professional standard of conduct at all times during its occupation or use of the Facilities. The Renter must at all times during its occupation or use of the Facilities: (i) comply with all applicable laws and KPU’s policies, rules and regulations; (ii) demonstrate respect for all persons on KPU’s property; and (iii) display professional conduct. The Renter assumes responsibility for all of the acts and omissions of its officers, employees, servants, agents, contractors, representatives and volunteers.
- Governing Laws:
The Contract will be governed by the laws of Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of law principles.
- Dispute Resolution:
In the event of any dispute between KPU concerning the Contract, such dispute will be resolved by a single arbitrator appointed pursuant to the provisions of the Arbitration Act (British Columbia) or any successor legislation then in force. The place of arbitration will be in Vancouver, British Columbia and the arbitration will be before a single arbitrator.
- Waiver of Subrogation Clause:
The Renter hereby agrees to waive all rights of subrogation or recourse against KPU with respect to the use or occupation by the Renter of the Facilities.
Any modification or amendment to the Contract must be in writing, signed by KPU and the Renter or it shall have no effect and shall be void.
- Entire Agreement:
The Contract is the entire agreement between KPU with respect to the rental of the Facilities for the times and dates specified, and will supersede any and all prior discussions, negotiations and agreements with respect to the same subject matter.
- Incident Reporting Requirement:
Following an accident or incident, an Incident Report Form must be completed by the Renter and submitted to KPU within forty-eight (48) hours whenever:
- Medical/first aid attention is required
- Loss or damage to KPU property occurs.
In the event that an incident occurs, please contact Security:
- Cloverdale: 604.574.2840
- Langley: 604.514.0297
- Richmond: 604.244.0130
- Surrey: 778.578.6312