This Reservation Agreement (“Agreement”) is entered into between the undersigned Party (“Party”) and Trybe, Inc. (“Manager”) for the temporary use of facilities, spaces, parks, sites, and/or equipment owned, managed, or operated by Manager. For purposes of this Agreement:
- “Premises” refers to any site, park space, facility, room, or area reserved through Manager.
- “Equipment” refers to any tables, chairs, games, sports equipment, tents, sound equipment, supplies, or other items provided by Manager.
- “Reservation Items” collectively refers to the Premises and/or Equipment reserved by Party.
Party shall use the Reservation Items only for the purpose stated in the reservation request and agrees that all activities will be for lawful community or personal use, with no fees or costs collected unless otherwise approved in writing by Manager. This Agreement does not create any permanent interest, tenancy, or property right in the Reservation Items. The use by Party is subject to the following terms and conditions:
Prohibited Use Party acknowledges that the Property is an alcohol, drug, and weapon free zone and agrees to enforce these rules among all individuals participating in or attending activities during the reservation period. Deposits may be forfeited for violations of these policies. All uses not otherwise permitted by this Agreement are prohibited. No unlawful act shall be conducted on or around the Reservation Items. Party shall not engage in or permit any activity that:
- violates applicable laws or regulations;
- increases insurance risks;
- creates hazardous conditions;
- constitutes a public or private nuisance;
- creates excessive noise;
- results in littering, dumping, vandalism, graffiti, or property damage.
Party shall not encroach upon public rights-of-way or restricted areas without prior written approval from Manager.
Assumption of Risk Party understands that use of the Premises and/or Equipment may involve inherent risks of injury, illness, property damage, or death arising from physical activity, weather conditions, equipment use, acts of third parties, uneven surfaces, transportation, or other foreseeable and unforeseeable conditions. Party voluntarily assumes all risks associated with the use of the Reservation Items on behalf of themselves and all participants, guests, invitees, employees, contractors, volunteers, and attendees associated with the reservation.
Release of Liability To the fullest extent permitted by law, Party releases, waives, and discharges Manager and its officers, directors, employees, volunteers, affiliates, agents, licensors, partners, and representatives from any and all claims, demands, liabilities, damages, losses, actions, causes of action, or expenses arising out of or related to the use of the Reservation Items, except in cases of gross negligence or willful misconduct by Manager.
Equipment Responsibility Party accepts all Equipment in “as-is” condition and assumes full responsibility for its use, supervision, transport, storage, and return during the reservation period. Party agrees to:
- use Equipment only for its intended purpose;
- supervise all Equipment use;
- immediately discontinue use of damaged or unsafe Equipment;
- return Equipment in the same condition received, reasonable wear and tear excepted.
Party shall be financially responsible for any lost, stolen, damaged, destroyed, or excessively dirty Equipment, including repair or replacement costs.
Security Manager shall have no responsibility for providing security, cameras, lighting, supervision, or monitoring during the reservation period. Party assumes full responsibility for the safety and conduct of all attendees and participants and shall indemnify and hold harmless Manager from claims arising from acts of third parties, criminal conduct, or inadequate security. Party shall not alter locks, block access points, or otherwise restrict Manager’s access to the Premises.
Supervision of Minors Party is solely responsible for the supervision, conduct, and safety of all minors participating in or attending activities during the reservation period. Manager does not provide childcare or supervision services unless otherwise agreed in writing.
Maintenance and Cleanup Party shall maintain the Premises in a clean and safe condition throughout the reservation period. Upon expiration or termination of this Agreement, Party shall restore the Premises and/or return all Equipment to the original condition provided, reasonable wear and tear excepted, including removal of all trash, debris, decorations, signage, personal property, and materials. Deposits may be withheld for excessive cleaning, damage, unauthorized use, missing items, or failure to return the Premises and/or Equipment in satisfactory condition. No alterations or improvements may be made without prior written approval from Manager. No vehicles may be parked or stored on the Premises without advance written consent from Manager.
Reservation Period and Late Return Party agrees to vacate the Premises and return all Equipment by the agreed reservation end time. Additional fees may apply for unauthorized extended use, late returns, excessive cleanup, missing Equipment, or failure to vacate the Premises on time.
Personal Property Manager shall not be responsible for any lost, stolen, or damaged personal property belonging to Party or any participants, attendees, contractors, employees, volunteers, or guests.
Weather and Unsafe Conditions Manager reserves the right to cancel, suspend, or terminate any reservation due to unsafe weather conditions, hazardous conditions, maintenance issues, emergencies, public safety concerns, or circumstances beyond Manager’s control. Manager shall not be liable for any costs, damages, losses, or expenses resulting from such cancellation or interruption.
Fees and Permits Party agrees to pay all applicable fees, deposits, fines, permit costs, and charges associated with the reservation. Party shall obtain and maintain any permits, licenses, approvals, or governmental authorizations required for Party’s activities and shall comply with all applicable federal, state, and local laws, regulations, ordinances, and safety requirements.
Operations Manager may, with prior notice when reasonably possible, enter the Premises and conduct operations, inspections, maintenance, or programming activities as necessary. Party shall cooperate in good faith with Manager regarding coordination of activities and use of the Premises. Party shall have no right to remain on the Premises beyond the reservation period.
Party’s Indemnity Party agrees to protect, defend, indemnify, save, and hold harmless Manager and all affiliated parties from and against any and all third-party claims, liabilities, damages, losses, expenses, actions, demands, or costs, including reasonable attorneys’ fees, arising out of or related to:
- Party’s use, possession, transport, operation, supervision, or occupancy of the Reservation Items;
- acts or omissions of Party or Party’s participants, guests, invitees, employees, contractors, or volunteers;
- injury, death, property damage, theft, or loss occurring during the reservation period.
Party’s obligations under this section shall survive expiration or termination of this Agreement.
Emergency and Medical Responsibility Party acknowledges that Manager may not be present or available onsite during the reservation period. Party is solely responsible for responding to emergencies, contacting emergency services if needed, and supervising all participants and attendees during use of the Reservation Items.
Cancellation and Refunds Either party may cancel this Agreement by providing at least seven (7) days written notice unless otherwise stated in the reservation terms. Manager reserves the right to retain deposits or fees for cancellations made within seven (7) days of the reservation date, no-shows, damage, policy violations, excessive cleanup, or failure to comply with this Agreement.
Non-Discrimination Party agrees not to discriminate against any person on the basis of race, color, religion, creed, ancestry, national origin, age, sex, sexual orientation, gender identity, marital status, disability, domestic partner status, or HIV/AIDS status in connection with activities conducted under this Agreement.
No Agency Nothing in this Agreement shall be construed to create a partnership, joint venture, agency relationship, or employment relationship between Manager and Party. Party shall have no authority to bind or represent Manager unless expressly authorized in writing.
Attorney’s Fees If any action is commenced to enforce or interpret this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or understandings relating to the reservation. Any modifications must be made in writing and approved by Manager.