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Chester NY


FACILITY USE, LICENSE AND INDEMNIFICATION AGREEMENT

 

This Agreement, dated June 21, 2025, is entered into between Capelli Complex Chester LLC (the “Licensor” or “Facility”), and you, the Licensee (“Licensee,” “Customer” or “Organization”) for use of the “Facility” for the purpose of all Facility-related activities at the Facility, including but not limited to any use that you or any affiliated, related or other groups you have coordinated, arranged or supervise or that spontaneously takes place by you or any of your guests or attendees. This Agreement goes into effect as of today or the day of your rental or use of the Facility, whichever occurs earlier, and remains in effect until otherwise advised by the Parties to one 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 both Parties for the time specified by the Parties, such amount and times may be modified by mutual consent of the Parties. The Parties shall prepare a Facility invoice reflecting the date, times, resources and dollar amount for the License;

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 or death while in or at the Facility, on the various playing surfaces, in the parking lot or utilizing any of the amenities or services, 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 and Licensor’s officers, directors, members, shareholders, employees, agents, subsidiaries, affiliates, successors and assigns (collectively, the “Released Parties”) from any losses, damages, suits, costs, expenses, demands, causes of action and/or claims it may have, directly or indirectly, arising out of the use of the Facility pursuant to this Agreement or otherwise.

8. Insurance: Licensee has, and shall maintain throughout the term of this Agreement, general liability insurance, naming Capelli Complex Chester LLC 2 Tetz Rd, Chester NY 10918 as an “additional insured,” in an amount of coverage not less than $1,000,000 per occurrence, including personal injury and property damage. Prior to the use of the Property, Licensee agrees to deliver to Owner a certificate of insurance and endorsement by an insurance company satisfactory to Owner, which names Owner as an additional insured and provides that the insurance company must provide the Owner with at least ten (10) days prior written notice of any cancellation or reduction in coverage. The Certificate of Insurance and Endorsement must state that the Licensee’s General Liability policy is Primary and Non-contributory. If the Licensee’s rental involves sports activities, then the certificate of insurance must specifically state that the Liability coverage includes Participant Legal Liability and will respond to Liability claims made by athletic participants.

9. Indemnification: Licensee assumes and agrees to be fully and exclusively responsible for the safety of the persons and property of all participants in the events during the Rental Period, including, without limitation, employees, participants, associates, guests, spectators and any members of the public in attendance at any of the events being held by the Licensee at the facility. The Licensee shall defend, indemnify, and hold the Released Parties harmless from and against any and all liability, loss, suits, demands, costs, expenses, including reasonable attorneys’ fees, or claims for injury or damages, whether direct or indirect, arising out of the performance of this Agreement caused by or as a result of the negligent or intentional acts or omissions of the Licensee, its officers, agents, employees, participants, associates, guests, spectators and any members of the public in attendance at any of the events being held by the Licensee at the facility.

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 all of 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 the 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. The undersigned parties each acknowledge that they are authorized to enter into this Agreement, they have read all of its terms and conditions, and they understand and agree to abide by the rules and guidelines set forth.

16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard 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 as of the date set forth below next to their signature.

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.

First Participant's Name
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First Participant's Date of Birth*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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