WI - Two Rivers

ACTIVITIES TERMS & CONDITIONS:

I am aware that participation in Recreation Dept. activities including but not limited to pickleball and fitness, includes certain risks, including but not limited to the risk of serious injury, disease, virus, (Covid 19) sickness or death. I am voluntarily participating in the physical activities available to me at the Two Rivers Park and Recreation Community House  with knowledge of the dangers involved, and I hereby agree to accept full responsibility for the risks involved. I hereby assume any risks normally associated with the use of Two Rivers Park and Recreation Community House facilities and participation in activities or programs conducted atTwo Rivers Park and Recreation Community House including but not limited to pickleball and fitness. I hereby agree to release, hold harmless, and indemnify Two Rivers Park and Recreation Community House , its employees, agents and contractors for any claims arising out of or related to my use of the facilities at Two Rivers Park and Recreation Community House. I also agree to release, hold harmless, and indemnify Two Rivers Park and Recreation Community House , its employees, agents and contractors for any claims arising out of or related to any use of Two Rivers Park and Recreation Community House by the minor(s) listed above. I agree to all conditions of membership to Two Rivers Park and Recreation Community House as stated in membership application. This application serves as a contract for the entire time of my membership, and I am responsible for all membership dues and charges for that period of time.

 

SPECIAL EVENTS TERMS & CONDITIONS: 

1. Use of Premises. On the terms and conditions of this Agreement, the City grants User Group a license to use a portion of the Two Rivers Community House (the “Premises”) as further described in Exhibit A (the Licensed Facilities) during the time periods set forth below. This Agreement and the license granted herein are revocable as set forth in Section 12 of this Agreement. User Group acknowledges that the City’s programmatic functions have first priority use of the Premises and that it might become necessary for the City to utilize the Licensed Facilities during the Use Period (as defined below). In such event, the City will provide advance notice to User Group and will attempt to make reasonable accommodations for User Group to have access to comparable space at the Premises during the Use Period. If no comparable space is available or if User Group does not wish to use such alternate space, the City will refund any security deposit to User Group. The return of the security deposit shall be User Group’s sole remedy.

2. Term. This Agreement is effective from the date above and User Group may use the Licensed Facilities during the period commencing ______________ and ending ____________ (“Use Period”). This Agreement shall expire at the end of the Use Period, subject to earlier termination as set forth in this Agreement.

3. Permitted Uses. The Licensed Facilities shall be used only for the purposes of the approved scheduled event(s) as described in Exhibit A.

4. Access. The User Group will be permitted access to the Licensed Facilities during normal operating hours for the Premises, and for any additional hours to the extent specifically addressed in this Agreement, if any.. All access to the Licensed Facilities is conditioned upon User Group providing the City with a detailed list of scheduled events and a list of all persons for which the User Group is requesting access to the Licensed Facilities.

5. Security Deposit, Use Fee and Cancellation. User Group shall pay the City a non-refundable security deposit in the amount of $200.00 upon execution of this Agreement to reserve use of the Licensed Facilities. If the City does not receive the security deposit, the City reserves the right to schedule the Licensed Facilities for use by another party. All cancellations by User Group after payment of the facility use fee are subject to a cancellation charge equal to the amount of the facility User Fee. If User Group reschedules event, the City will waive all cancellation charges.

6. Additional Fees. In addition to the Use Fee, User Group agrees to pay all fees and charges incurred in connection with its occupancy of the Licensed Facilities resulting from access to the Licensed Facilities granted to the User Group outside normal operating hours. Routine janitorial services, restroom supplies and regular trash removal will be provided by the City at no additional expense.

7. Care of Licensed Facilities. In addition to the other provisions of this Agreement, User Group agrees: a. To comply with all applicable laws, ordinances or regulations of any governmental body having jurisdiction over the Premises and Licensed Facilities; b. Not to damage any part of the Licensed Facilities or Premises; c. Not to permit any trade or occupation which is unlawful or any activity which would (i) create a hazard or otherwise would adversely affect any insurance in or on the Licensed Facilities or Premises or (ii) unreasonably interfere with the use of the Premises by the City or other permitted users; d. Not to place a sign on the Licensed Facilities or Premises except that which the City has first approved in writing; e. Not to use the Licensed Facilities in such a way as to interfere with the other activities of the City, including but not limited to programs and events; f. Not to hold itself out to be an operating unit of, sponsored by or affiliated with the City (any promotional or advertising materials prepared by User Group in which reference is made to the City or User Group’s operations in the Licensed Facilities shall be subject to prior review and approval of the City); g. Not to permit any employee, agent, customer or visitor of User Group to violate any obligation under this Agreement; h. Not to bring any substances into the Premises or licensed Facilities that could emit strong odors or fumes without prior written approval by the City; and i. Not to bring into the Premises or the Licensed Facilities any hazardous materials regulated by applicable environmental laws.

8. Indemnification by User. The User Group agrees to indemnify the City and hold it harmless from any third party claims of damage to any person or property caused by any breach of this Agreement by the User Group or by any act, omission, or neglect of the user group and any of its employees, agents or invitees. The City shall not be liable to User Group or to any other person for any damage to any person or property caused by any act, omission, or neglect of any employee, agent or invitee of the User Group. This provision shall survive termination or expiration of this Agreement.

9. Event Insurance. User Group shall, during the Use Period, maintain comprehensive public liability insurance, issued by a reputable insurance company, licensed to transact business in the State of Wisconsin and reasonably acceptable to the City of Two Rivers, with limits of not less than one million dollars, ($1,000,000) for bodily injury and death and not less than two million dollars ($2,000,000) combined single limit of bodily injury, death and property damage, which insurance shall protect User Group against liability for any accident, injury or damage in or to the Licensed Facilities and shall include coverage for contractual indemnity obligations. User Group agrees to maintain, at User Group’s own expense, property damage insurance (fire, casualty, etc.) in sufficient amounts to cover personal property owned by User Group and its agents located in the Licensed Facilities. User Group agrees to release the City of Two Rivers from all claims for loss, damage, cost or expense in connection with such personal property damage resulting from fire, casualty or other occurrence. The User Group will also include the City of Two Rivers as additionally insured on the insurance policy.

10. Alteration, Installations and Changes to the Rented Facilities. a. The User Group acknowledges that it has inspected the Licensed Facilities and deemed them suitable for the permitted use. b. The User Group may not make alterations, improvements, or material changes to the Licensed Facilities without the Cities prior written approval. c. The User Group will be responsible for any damages that occur to city property or equipment. The City will invoice the User Group for any damages or repairs identified by City staff.

11. User Group Default. The occurrence of any one or more of the following events shall be a default by the User Group under this Agreement (a “Default”): a. Failure to pay on the due date any Use Fee or additional fee set forth in this Agreement; b. Failure to observe or perform any of its other obligations under this Agreement; or c. After notice from the City, the User Group fails to cure any hazardous or dangerous condition that is created as promptly as is necessary to avoid harm.

12. City of Two Rivers Rights and Remedies. In addition to all other rights and remedies provided for at law or in equity, upon the occurrence of a Default, the City shall have the following rights and remedies: a. The City may terminate this Agreement and revoke all rights granted under this Agreement by giving the User Group written notice. b. If the City terminates this Agreement as provided above, the City shall be entitled to recover from the User Group all unpaid fees up to the end of the Agreement term, as well as any additional sums provided for by law (including attorney’s fees) or as otherwise provided in this Agreement for which the renter is liable or for which it has agreed to indemnify the City under the provisions of this Agreement. c. If the City terminates this Agreement and revokes the rights granted under this Agreement as provided above, the City may exclude the User Group from the Licensed Facilities and use or allow others to use the Licensed Facilities at its discretion. d. The City may apply any or all of any prepaid fees to satisfy in whole or in part any obligations owed to the City under this Agreement. e. The City may enter the Licensed Facilities and take such action as it deems necessary or appropriate to address a violation of the safety and operational policies of the Premises.

13. Prohibition on Assignment. The User Group shall not assign its interest in this Agreement. Any attempt by User Group to assign a right under this Agreement shall be void and without force or effect. Any permitted assignment shall not relieve User Group of any of its obligations under this Agreement.

14. Right to Use Not Exclusive. User Group acknowledges and agrees that (1) the Premises consists of shared use facilities in which the City and other third parties will have and exercise rights of use; the Licensed Facilities are for the exclusive use of the User Group only during the Use Period; (2) the City retains the right to enter the Licensed Facilities as set forth in Sections 12(e) of this Agreement; (3) unless otherwise agreed in writing by the City, the City and its agents may enter the Licensed Facilities on an ongoing basis for purposes of maintenance, cleaning and janitorial services; and (4) this Agreement is revocable by the City as set forth in Section 12. The City may enter the Licensed Facilities at reasonable times and upon reasonable notice to User Group for purposes of determining compliance with safety and operation policies of the Premises. In any emergency circumstances, the City may enter the Licensed Facilities without notice. This Agreement does not create an interest in real property and User Group shall not record or make a record of this Agreement or any memorandum or summary of its terms.

15. End of Use Period. At the end of the Use Period, User Group shall be liable to the City for any repair or replacements necessary in order to return the Licensed Facilities to good order and condition (reasonable wear and tear excepted).

16. Relationship of the City and User Group. Neither party to this Agreement and none of the employees, representatives, agents, or independent contractors of a party shall be considered an employee, representative, or agent of the other party for any purpose whatsoever. Nothing contained in this Agreement shall be construed or interpreted as creating an agency, partnership, or joint venture relationship between the parties. Neither party shall use any trademark, service mark or trade name of the other party, nor shall either party hold itself out as having any business affiliation with the other party, without having specific written agreement from the other party.

17. No Waiver of Breach. Any failure or neglect by either party to assert or enforce any rights or remedies because of any breach or default by the other party under this Agreement shall not prejudice any rights or remedies with respect to any existing or subsequent breaches or defaults. Acceptance of any partial payment from User Group will not waive the Cities right to pursue User Group for any remaining balance due nor shall any endorsement or statement on any check or any letter which acknowledges a check or payment as rent be deemed an accord and satisfaction.

18. Applicable Law and Venue. The Agreement shall be construed according to the laws of the State of Wisconsin. Notwithstanding anything in this Agreement or any other agreement between User Group and the City to the contrary, the parties do not, and have not, waived any immunity from liability granted to them under applicable law.

19. Notices. All notices, demands, or other communications under this Agreement shall be in writing and shall be deemed given if served personally or sent by certified or registered mail, postage prepaid, or by fax and addressed as follows:

20. Entire Agreement. This Agreement contains all the agreements and understandings made between the parties with respect to use of the Licensed Facilities and may only be modified in a writing signed by any authorized representative of the City and User Group. If any provision of this Agreement shall be deemed invalid by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby. The titles and article headings are inserted only for convenience and are not to be construed as part of this Agreement.

21. Limitations of Remedies and Damages. The City shall be in default of this Agreement if it fails to perform any obligation of it under this Agreement, and upon such default, User Group may terminate this Agreement by written notice and User Group shall be entitled to a refund of the full amount of fees paid under this Agreement. THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH BY THE CITY OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND THE SOLE REMEDIES FOR THE CITY’S LIABILITY OF ANY KIND WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, THE USE OF THE LICENSED FACILITIES AND ALL OTHER PERFORMANCE BY THE CITY RELATED TO THIS AGREEMENT SHALL BE THE REMEDIES SET FORTH IN THIS SECTION (RETURN OF USER FEES AND DEPOSIT). IN NO EVENT SHALL THE CITIES LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF THE CITY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

22. Discrimination. During its use of the Premises, User Group may not discriminate on the basis of to race, color, national origin, gender, gender identity, religion, age, height, weight, disability, political beliefs, sexual orientation, marital status, family status or veteran status.

 

SHELTER TERMS & CONDITIONS:

I understand and agree that the issuance of this Park Shelter Reservation is subject to the accuracy of the information supplied on this form, and the adherence to all City of Two Rivers ordinances, policies, and regulations of the Parks & Recreation Department and that the City of Two Rivers retains the right to revoke this permit anytime prior to or during this event.

DAMAGE: I understand the conditions of this application and agree to pay for any damage arising from use of this City facility.

GARBAGE: I understand and agreed that each group or individual is responsible for cleaning the shelter and surrounding area, with debris put in garbage cans and facilities and grounds left without damage. Groups over 100 people are required to purchase a dumpster for garbage disposal. Please do not leave bagged garbage outside the receptacle for wildlife to explore. Please recycle your cans and plastic bottles to ensure all garbage goes in the receptacle. Renter will be responsible for cleanup costs over the amount of the rental fee in the event user fails to clean up properly.

REFUND POLICY: I understand and agree that refund requests received in writing (30) full days prior to the reservation date, will receive a refund minus a $15.00 administrative fee. Less than (30) full days notice prior to the reservation date, no refund will be given. If the event is cancelled due to inclement weather, no refunds will be given. Cost incurred by the City for delivery & pick up of rental items such as picnic tables or any other special request items for the rental will be deducted prior to issuing a refund.

DEPOSITS: The Rental Party agrees to pay Two Rivers Parks & Recreation a security deposit upon execution of this Agreement to reserve use of the Licensed Facilities. The deposit is $100.00. The deposit is refundable and will be returned within a week of the end of the reservation if shelter is up to code. NO CASHIER CHECKS OR MONEY ORDERS!

ASSISTANCE: Park Host on duty: Saturday & Sunday 6 AM - 1 PM Cell: 920-323-2670. If you cannot reach the park host and need immediate assistance, call Non-Emergency 920-686-7200. To comment on park conditions, call the Recreation Department during regular business hours (Monday-Friday 8:00AM -4:00PM) at 920-793-5592.

FACILITIES: Rental of the park shelter does not include exclusive use of any adjacent recreational area or equipment, i.e., tennis or volleyball courts, baseball diamond (unless specifically reserved & paid for), basketball area, horseshoe courts, playground equipment, or other shelters.

OUTLETS: More than one appliance plugged into a pair of outlets may trip circuit breakers.

City Ordinances Applying to Parks

(Chapter 7-1) General Parking Regulations No person or persons shall do any of the following prohibited acts within the limits of any park in the City of Two Rivers:

(A) Operate an unlicensed or licensed motorized vehicle outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted.

(B) Operate a snowmobile except in designated areas.

(C) Place or leave any rubbish, litter, garbage, refuse or debris of any nature within a park, except within designated receptacles provided. No person or persons shall throw or deposit any type of debris or waste material on or along any park roadway or park area.

(D) Interfere with, break down, deface or remove, or cause to be interfered with, broken down, defaced or removed, any sign, guard, protection barrier, or barricade placed in any public park in the City, or remove or damage any equipment. Any damage to park facilities will be considered vandalism.

(E) Dogs are allowed on recreational trails designated by the City Council by resolution, if they are kept on leashes of six feet or less in length, held by and in the control of their owners or other person walking them with the permission of their owners, at all times.

Glass Beverage Containers- No person shall bring into a public park in the City or possess or dispose of while in a public park of the City, any beverage in a glass bottle or other glass container, or any glass beverage bottle or glass beverage container, regardless of whether such bottle or container is empty or contains a beverage.

Speed Limit in Park- No person shall operate a motor vehicle in any of the public parks at a speed greater than fifteen (15) miles per hour.

Reckless Driving in Parks Prohibited- No person shall operate a motor vehicle in a reckless manner in any of the public parks in the City.

Parking in Parks- No person shall park any motor vehicle in any park in the City except in designated parking areas, nor shall any person allow any motor vehicle, trailer, or construction equipment to allow remain parked within any City park during park closing hours, except by permission of the City Manager or his designee. The penalty for violation of this is provided for in Section 8-1-6©.

Park Closing- No person shall be within Picnic Hill Park between 10 PM and 6 AM. No person shall be within any other City parks between 11 PM and 6 AM. This Section shall not apply to persons traveling directly through any park on a City street, and further provided the hours set forth in the Section may be adjusted by the City Council, City Manager, or his designee for special activities.

Refreshment Stands in Public Parks Prohibited- It shall be unlawful for any person, without being previously authorized by the Parks & Recreation Director, to set up any refreshment or concession stand, or to sell any refreshments, balloons, toys, or any articles whatsoever in and upon any park, playground, recreation area, bathing beach, or athletic field owned or operated by the City of Two Rivers.

Public Address Systems in Parks- It shall be unlawful for any person, without being previously authorized by the Parks & Recreation Director, to use any public address system or sound amplification devices in any public park.

Radio-controlled Model Airplanes Prohibited in Parks- No person shall fly a radio-controlled model airplane in any park in the City of Two Rivers, except in areas specifically designated and posted for such purpose.

INVOICE PAYMENT TERMS AND CONDITIONS: Payments, including late payment charges, will be paid in accordance with the Two Rivers Parks and Recreation rules when applicable. All amounts payable under this invoice shall be paid (30) days from the invoice date. You can pay your inovoice online, or in our office via check, credit card, or cash. Late payments will incur a fee of $50.00 after (30) days of non-payment and will be subjected suspention of Two Rivers Parks and Recreation activites, rentals and services until the invoice is paid in full. If you have any questions or concerns about your invoice, please contact us at (920) 793-5592 or [email protected]. We are happy to work with you to resolve any issues and ensure that your payment is made in a timely manner.