General Terms and Conditions
CONTRACT HOLDER: PLEASE READ ALL OF THESE PROVISIONS
In consideration of the Ottawa Public Library (“Library”) issuing the attached Ottawa Public Library Meeting Room Rental Contract (“the contract”), the contract holder (and the sponsoring organization, if applicable) is voluntarily assuming the risks associated with holding the described event and is confirming they have read, fully understand and will adhere to the following general terms and conditions:
The Contract and the Contract holder
The contract holder must be the full age of 18 years. The contract holder must have a copy of the contract readily available at all times. The person who signs the contract must be duly authorized to do so on behalf of the contract holder (and of the sponsoring organization, if applicable). The contract must be accepted online before confirmation of room is given or access to the facility will be denied. The contract holder and the sponsoring agency cannot transfer or assign the contract without prior authorization from the Library. It is the responsibility of the contract holder to make all members of its group using the Library facility aware of the terms and conditions of the Rental Contract, and to provide the members with a copy of these terms and conditions, if requested.
The use of decorations or special effects, not provided by the Library, must comply with public safety and fire regulations and be authorized in advance by the Library Branch. Permission to post notices in the Library must be given by the location’s manager or designate.
9. The Library shall seek full restitution for damages caused to the Library facility or equipment by the contract holder, its employees, volunteers or attendees, arising from the use of the facility. The Library may also take such other action as may be deemed necessary to offset any costs incurred by the Library resulting from the use of the facility/premises by the contract holder.
Application of Other Laws
The contract holder must comply with all applicable Federal, Provincial and Municipal by-laws (including but not limited to those relating to taxes, copyright fees, and licensing matters) and shall be responsible for any associated taxes, fees, tariffs and levies that may apply to the use of the facility/premises and function for which this contract is issued. The contract holder must comply with all applicable rules and regulations, policies and procedures of the Library, all City of Ottawa By-laws, including but not limited to By-laws that prohibit smoking, the Noise By-law, Signage By-law, and Parks By-law. Permission to use Library facilities/premises 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.
The contract holder shall use Library facilities/premises, equipment and furnishings provided in a manner consistent with their intended use. The rental fee covers only the space itself, plus tables and chairs. The inclusion of additional equipment is limited to the equipment permanently installed in the rented meeting room. Persons using Library facilities are responsible for the set-up and arrangement of the room. The facilities are to be left in their original condition and room arrangement. Smoking is not permitted in Library facilities or their meeting rooms. Alcoholic beverages may not be dispensed or consumed on Library property. Space is allocated for the dates and times stated on the contract only. No storage is permitted in the Library branch between bookings Only the areas identified on the contract(s) are to be used by the contract holder or sponsoring organization, unless prior authorization has been received from authorized Library employees. All exits in the facilities must be kept free from obstructions in case of fire or other emergency.
Safety and Responsibility
- The contract holder shall ensure all attendees follow the Library’s Customer Code of Conduct.
- The contract holder shall attend the event for which the contract was issued and be responsible for decision making during and after the event.
- The contract holder shall ensure the physical setting in the rented facility is kept safe for participants and the general public attending the event.
- If the contract holder becomes aware of activities or conduct during the use of the facility that could lead to personal injury or property damage, the contract holder shall take immediate and decisive action to prevent participants and the general public attending the event from engaging in these activities or conduct.
- The Library may require a security plan to be submitted by the contract holder and/or the presence of police officers or security guards may be required during the event, the cost of which shall be borne by the contract holder.
- In the event of an incident the contract holder must follow the Incident Reporting Procedures described below. An incident includes bodily injury to the contract holder, a participant and the public, or damage to Library property or third party property.
- Call 911, when Police, Ambulance, Fire etc., assistance is required.
- Immediately advise onsite Library employees of the incident. If a Library employee is not readily available, for major incidents call 311 to report or, for minor incidents, contact Library employees the next working day.
The contract holder, the sponsoring organization, their employees, volunteers and agents, shall cooperate with Library employees, Library representatives, police, investigating authorities and the insurance companies involved in the incident and, shall provide Library employees access to all rental spaces.
Contract holders and sponsoring organizations renting Library facilities/premises to conduct low risk activities are strongly encouraged to maintain liability insurance coverage to a limit of $1,000,000 inclusive per occurrence for bodily injury, death and damage to property in one of the following forms: Commercial General Liability, Special Events Liability, Home Owners’ Personal Liability, Tenants or Condominium Owners’ Personal Liability.
At the discretion of the Library, contract holders or sponsoring organizations renting Library facilities/premises to conduct medium or high risk activities will be required to maintain the above insurance and if requested by the Library, such insurance shall name the Library as an additional insured there under. The Library may require the contract holder or sponsoring organization using Library facilities/premises for medium or high risk activities to provide a Certificate of Insurance evidencing the above insurance coverage prior to holding the described event.
The Library reserves the right to increase the limit of insurance required. Compliance with the above insurance requirement is the sole responsibility of the contract holder or sponsoring organization.
29. The contract holder agrees to indemnify and save harmless the Library from all claims, demands, causes or action, loss, costs or damages that the Library may suffer, incur or be liable for resulting from the contract holder’s negligence, acts or omissions, obligations, failure to adhere to the terms of conditions related to the holding of the event described in the contract.
30. The contract holder shall be held responsible for payment of the contract. Payment is due as specified in the contract and Library Meeting Room Policy.
31. Contract holders must give to the Library two (2) business days notice (based on the meeting room branch location hours of operation), in writing, before the day of the event to cancel or request a modification to their rental contract. Refunds will not be granted once the notification period has expired.
32. If requested and granted a modification to the rental period in accordance with item #31 noted above, the Contract holder will be provided with an amended Rental Contract via email reflecting the approved modifications, for information. The terms and conditions of the signed Rental Contract will continue to apply to the rental and use of the facility, and is binding on the Contract holder.
33. The Library reserves the right to cancel the rental contract at any time in the case of emergencies or when unforeseen circumstances arise. In such cases the Library will make every effort to provide the Contract holder with 24 hours’ notice of cancellation, however, such notice may not be possible in all circumstances. In the case where the rental period is for more than one day’s use, cancellation may be made on any one or more of the booked dates. The Library will make every attempt to grant the Contract holder access to the premises at another time or allow a proportionate rebate for the period of rental time cancelled.
The Library shall have the right to cancel the rental contract immediately without notice if, in the opinion of the Library, the Contract holder or any person(s) using the facility with the consent of the Contract holder, wilfully damages Library property, displays misconduct, unlawfully consumes alcoholic beverages, is in violation of any terms of this rental contract or a City By-law, the Library’s Customer Code of Conduct or any applicable Federal or Provincial law.
The Library 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 discrimination, contempt or hatred to any person on the basis of race, national or ethnic origin, color, religion, age, sex, marital status, family status, sexual preference, or disability, gratuitous sex and violence or denigration of the human condition. The Library reserves the right to cancel a contract if any of the above-noted circumstances arise.
Non-compliance with the terms and conditions of this contract could result in the immediate suspension of the contract(s) or a written warning. A second incidence of non-compliance will result in the cancellation of the contract.