THIRD PARTY SPORTS FACILITY RENTAL, USE, LICENSE AND INDEMNIFICATION AGREEMENT
(Complete and sign at bottom)
This Agreement, dated this day, is entered into between Superdome North Jersey LLC dba Superdome Sports, 134 Hopper Avenue, Waldwick NJ 07463, known here after as the Licenseor or Facility, and you, the Licensee (User, Customer, Organization) for use of _Superdome North Jersey LLC_ (the “Facility”) for the purpose of all Facility-related activities at the Superdome, including but not limited to any use that you or any affiliated, related or other groups you have coordinated, arranged or supervise. This Agreement goes into effect as of today or the day of your rental or use of the Facility, which ever occurs earlier, and remains in effect until otherwise advised by the Parties to on another;
This Agreement is subject to the following conditions:
1. LICENSE. This Agreement authorizes Licensee to use certain negotiated playing surface, locker rooms, spectator stands, public areas of the Facility, and areas of ingress and egress to such areas. Licensor shall also permit the use of the parking area and other areas normally used by members of the public. The license granted pursuant to this Agreement only applies to the time specified in Exhibit 1 attached hereto.
2. PERSONS COVERED. Only Licensee's members, prospective members, and invitees are licensed by this Agreement to use the Facility.
3. LICENSE FEE. In consideration for the license granted pursuant to this Agreement, Licensee shall pay to licensor the amount agreed upon by the Parties for the time specified by the Parties, such amount and times may be modified by mutual consent of the Parties.
4. LICENSEE'S DUTIES. Licensee's duties shall include inspection of the Facility subject to this Agreement prior to each use (including, but not limited to, the negotiated playing surfaces, spectator stands and locker rooms), and notifying Licensor of any potential problems or defects, as well as crowd control during the licensed times set forth on Exhibit 1. Moreover, Licensee shall obtain a fully executed Release of Liability, Waiver of Claims Agreement as provided by the Facility (“Release”) from each of Licensee’s members, invitees, and/or participants (or their parents or legal guardians if they are minors). Such Release shall be in form satisfactory to the Licensor. Licensee shall not allow any individual to participate in Licensee’s activities at the Facility without first obtaining a fully executed Release. All Releases shall be provided to the Facility’s management prior to use by the individuals signing said Releases.
6. ASSUMPTION OF RISK. Licensee, its members, prospective members, and invitees, as well as any other persons that access or use the Facility under or pursuant to this Agreement for any purpose, hereby expressly assume all risks incidental to such intended use. These risks include, but are not limited to, the risk of being injured while on the various playing surface, soccer balls, cleats/shoes, other players, training apparatus, nets, boards, or any other element incidental to the use of the Facility by Licensee or its members, prospective members, invitees, and/or any other persons that access or use the Facility under or pursuant to this Agreement for any purpose. This provision shall survive the expiration or earlier termination of this Agreement.
7. RELEASE. Licensee hereby waives, releases and discharges Licensor from any losses, damages, costs, expenses, causes of action and/or claims it may have arising out of the use of the Facility pursuant to this Agreement or otherwise.
8. INSURANCE. Licensee shall maintain public liability insurance during the full term of this Agreement. The insurance shall name “Superdome North Jersey LLC” as an Additional Insured. The insurance shall have limits of not less than $1 million per occurrence for injury or death and $25,000 per occurrence for property damage. This insurance shall provide that before any cancellation or a reduction in coverage, the insurance company will give Licensor at least 30 days prior written notice. Before this Agreement goes into effect, Licensee shall deliver to Licensor a Certificate of Insurance satisfactory to Licensor.
9. INDEMNIFICATION. Licensee hereby agrees to indemnify, defend and hold harmless Licensor, its partners, stockholders, members, principals, officers, directors, managers, employees, agents, affiliates, residents and invitees from and against any and all loss, damage, liability, claim, cost or expense, including reasonable attorney's fees and other legal expenses, any of such parties suffer or incur as a result of injury or death to persons or damage to property arising out of, and/or relating to, any intentional or negligent acts or omissions by Licensee and/or its members, prospective members or invitees pursuant to or in connection with the exercise of any of its obligations under or pursuant to this Agreement. This indemnification obligation shall specifically apply in instances wherein Licensee fails to obtain and provide to Licensor a fully executed Release from a participant and that participant makes a claim and/or commences litigation against Licensor for injuries incurred on the premises of the Facility during Licensee’s use thereof. This provision shall survive the expiration or earlier termination of this Agreement.
10. PROMOTIONAL ACTIVITY. Licensee agrees not to conduct any promotional activity with respect to any event to be conducted at the Facility without the prior written consent of the Licensor.
11. POLICIES/PROCEDURES. Licensee agrees to comply with Licensor's policies and procedures for the Facility as specified in Exhibit 2, which may be amended from time to time.
12. ASSIGNMENT. Licensee may not assign this Agreement or any portion thereof without the prior written consent of Licensor, which consent may be withheld at the Licensor's sole discretion. Any purported assignment without the consent of Licensor shall be null and void.
13. NOTICE. No notice hereunder shall be deemed to have been duly given or served unless in writing and personally delivered or mailed via US Mail (first-class registered or certified mail, postage prepaid), or delivered by a nationally recognized courier service addressed to the parties above. Notice is deemed effective if delivered (or refused) pursuant to this section.
14. WAIVER. No waiver by Licensor of any rights or remedies pursuant to this Agreement shall be effective unless in writing and signed by Licensor. The written waiver by Licensor of any breach by Licensee of any term, covenant or condition herein shall not be deemed a waiver of any subsequent breach or any breach of any other term, covenant, or condition herein by licensee.
15. BINDING EFFECT. This Agreement shall be binding upon Licensor, its successors and assigns. It shall be binding upon Licensee, its officers, employees, members, agents, and representatives together with their heirs and assigns.
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to the conflict of laws or choice of laws provisions thereof.
17. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties.
IN WITNESS WHEREOF, the Licensor and Licensee have executed this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AND AN OBLIGATION TO INDEMNIFY.