Marion County Parks & Recreation

General Terms and Conditions

FACILITY RULES / GUIDELINES:

• Alcohol is not permitted on this county property.
• Decorations are permitted but are to be limited to table and free standing decorations and helium balloons. No decorations will be affixed to the walls or ceiling. All decorations must be removed by the rental group immediately following their function. No confetti.
• Renters are responsible for the actions of their participants, caterer, vendors, and guests and will ensure that facility rules and guidelines are followed at all times.
• Others may be utilizing other meeting areas during your rental. Please be courteous at all times.
• Facility users must complete, sign and date a Facility License Agreement and a Facility Check-list prior to usage.
• Renters may be required to provide a special events insurance policy and name the County as an additional insured. Marion County Risk and Benefits Services will review and evaluate these events on a case by case basis.
• After the scheduled activity, the renter must check-out with facility staff or volunteers prior to leaving to make sure there is no damage or extra clean-up required.
• Inflatables (bounce houses, water slides, etc.), slip-n-slides, pony rides, water balloons etc. are not permitted at any County operated park.
• Dogs are not permitted at this facility. Dogs are allowed in designated parks only, limited to the walking trails and must be adequately tethered at all times. Designated Parks include: Baseline Road Trailhead, Benjamin Louis VanDuuren Park, Brick City Adventure Park, Gores Landing Park, Liberty Park, Silver Springs Conservation Area and Willoughby Park.
• Outside food is permitted, but caterers and mobile food vendors must contact the Parks & Recreation main office prior to operating at any County park.

RESERVATION / RENTAL REQUESTS:

• Reservations are taken no longer than one year in advance.
• Full payment must be made at the time of the request.
• The rental fee is for the use of the particular facility requested.
• Events extending beyond posted hours will result in an additional fee of $25 per hour, per staff member present.

REFUNDS AND CANCELLATIONS:

• To receive a full refund (less Adm fee), cancellations must be received in writing 7 days before the expected rental date.
• Cancellations made with less than 7 calendar days prior to scheduled date will forfeit any and all fees.
• All reasonable accommodations will be made for cancellation requests, including the option to move a reservation to a different date. Refunds for cancellations will include all reservations fees and deposit, less any administrative/convenience fees.
• Please call 352-438-2840 or email parks@marionfl.org to request a change to your reservation or to request a cancellation. 

AFTER-HOURS ASSISTANCE:

If you have an after-hours question or concern regarding your reservation, you may either call the Forest Community Center at 352-438-2840 or call the Recreation Supervisor at 352-454-6251. Please note that the Recreation Supervisor cannot issue refunds or transfer reservations after-hours.

SET-UP, TAKE-DOWN AND CLEAN UP:

• Facility users are responsible for set-up, take-down and clean-up. This includes:
  • Set-up and take-down of tables and chairs
  • Cleaning of all surfaces that may include, but not limited to tables, chairs, surface counters, floors in areas that are utilized, etc.
• All trash from user / rental party must be disposed of off-site.
• All decorations must be picked up and removed off property by the rental group.
• Kitchen surfaces must be cleaned after use, floor must be swept and mopped as needed or requested by facility staff / volunteers.
• Rice, birdseed, bubbles and open flames (i.e. candles) are NOT allowed inside of the facility

MARION COUNTY BOARD OF COUNTY COMMISSIONERS

Standard Facility License Agreement

THIS FACILITY LICENSE AGREEMENT, ( "Agreement") is made and entered into upon execution by EVENT HOLDER, by and between Marion County, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, and the above listed EVENT HOLDER.

WITNESSETH

WHEREAS, EVENT HOLDER has submitted a request to COUNTY to utilize the above listed Facility on the above listed date and time (the “Event”) and the parties desire to enter into an agreement specifying the terms and conditions for this use; and

WHEREAS, in exchange for making the Facility available to EVENT HOLDER for agreed purposes, EVENT HOLDER desires to hold harmless COUNTY from any claims and/or litigation arising out of the EVENT HOLDER’S use of the Facility.

NOW THEREFORE, IN CONSIDERATION of the mutual terms, covenants, and conditions herein contained and other good and valuable consideration, the parties hereto contract and agree as follows:

1. FACILITY: COUNTY does hereby permit EVENT HOLDER to utilize the Facility designated in this Agreement for the Event, subject to the terms and conditions hereinafter stated and payment of the above described fees.  EVENT HOLDER shall have the right to occupy and use the Facility only for the purpose stated herein.  The EVENT HOLDER will be responsible for leaving the Facility in the same condition as it was prior to the Event. 

2. RULES AND REGULATIONS: By signing this Agreement, EVENT HOLDER acknowledges receipt of and intent to comply with all rules, and regulations applicable to the Facility and the park in which the Facility may be located.  Compliance with such rules and all applicable laws and ordinances is a material term of this Agreement and failure to comply may result in immediate termination of any rights EVENT HOLDER may have to use the Facility under this Agreement. 
3. SAFETY AND SECURITY: EVENT HOLDER shall use the Facility in a safe manner and shall comply with all applicable laws, rules, and regulations prescribed by the fire and police departments and other governmental authorities in effect during the term of this EVENT HOLDER shall comply with all laws, regulations, or ordinances, and shall make special effort to detect unsafe conditions and shall take prompt action where loss control/safety measures should reasonably be expected.  EVENT HOLDER shall not allow or perform any act during the term of this Agreement that would be reasonably anticipated to damage any part of the Facility. EVENT HOLDER is required to maintain proper conduct of all in attendance, and enforce all applicable rules and regulations. EVENT HOLDER is responsible for the conduct of the group.
4. ALCOHOLIC BEVERAGES: The possession of alcoholic beverages is prohibited unless an exception is approved by COUNTY.
5. PASSAGES: All portions of the sidewalks, entrances, passages, vestibules, halls, and all means of access to plumbing or electrical utilities belonging to the premises shall not be obstructed by EVENT HOLDER or used for any purpose other than ingress and EVENT HOLDER shall not obstruct the doors, stairways, or openings into any place in the structure, including hallways, corridors, passageways and all lighting attachments.
6. TAXES, FEES, AND PERMITS: EVENT HOLDER agrees to promptly pay all taxes and applicable excise fees and to obtain all permits and licenses required for the Event.  EVENT HOLDER agrees to furnish duplicate receipts and other satisfactory evidence showing the prompt payment of all taxes and fees and showing that all required permits and licenses are in effect upon request by COUNTY.  If EVENT HOLDER is exempt from paying any applicable taxes, EVENT HOLDER shall provide a copy of its Certificate of Exemption. 
7. INSURANCE: EVENT HOLDER acknowledges that COUNTY may require EVENT HOLDER to provide a special events insurance policy and name COUNTY as an additional insured. Marion County Risk and Benefits Services will review and evaluate these events on a case by case basis.
8. SURRENDER OF FACILITY: Upon termination of this Agreement, EVENT HOLDER will deliver the Facility to COUNTY in the same condition as it was at the beginning of the Event, except for ordinary Actual, documented damage or repair charges to equipment owned by COUNTY arising out of EVENT HOLDER’s use of the Facility will be charged back to EVENT HOLDER following notice of such damage and applicable charges by COUNTY to EVENT HOLDER, and EVENT HOLDER’s acceptance of the same. Any property left on the premises after the term of this Agreement shall be deemed abandoned by EVENT HOLDER and become property of COUNTY. COUNTY is then authorized to remove all property occupying County property, at the expense of EVENT HOLDER.
9. RIGHT TO CONTROL: COUNTY reserves the right to control and manage the entire Facility and to enforce all necessary and proper rules for its management and operation and for its authorized representatives to enter the Facility at any time and on any COUNTY also reserves the right, but not the duty, through its duly appointed representatives, to eject any objectionable persons from the Facility.
10. INDEMNITY AND HOLD HARMLESS: Upon EVENT HOLDER’S use of the Facility by any of its employees, agents, invitees, contractors, and/or volunteers for the purposes agreed to, EVENT HOLDER shall defend, indemnify, and hold harmless COUNTY from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of EVENT HOLDER, its invitees, its personnel, employee’s, agents, contractors, or volunteers in connection with or arising out of EVENT HOLDER’S use of the Facility.  This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and any reimbursements to COUNTY for all legal expenses and costs incurred by it. The parties acknowledge that COUNTY is a governmental entity and does not waive any sovereign immunity protections provided in Section 768.28, Florida Statutes. 
11. COSTS AND ATTORNEY’S FEES: EVENT HOLDER agrees to pay all costs and expenses of COUNTY, including attorney’s fees, arising out of or resulting from any breach of this Agreement.
12. TERM: The term of this Agreement shall commence upon execution of the agreement and shall continue until the completion of the period scheduled for the Event above.
13. TERMINATION:

By EVENT HOLDER: EVENT HOLDER may immediately cancel the Event and terminate this Agreement no later than seven (7) days prior to the date the Event is scheduled to begin, upon receiving written approval from the Facilities Manager.   If EVENT HOLDER cancels the Event at least seven (7) days prior to the Event, any administrative fees or security deposit made or due, shall be retained by COUNTY as liquidated damages.  If EVENT HOLDER cancels the Event within 14 calendar days prior to the scheduled date of the Event, EVENT HOLDER forfeits any and all fees.

By COUNTY: COUNTY reserves the right to immediately cancel the Event and terminate this Agreement for cause.  COUNTY reserves the right to cancel the Event and terminate this Agreement without cause with ten (10) days’ written notice to the address provided above. 

14. SURVIVAL: Paragraphs 2 through 6, 8, 10, and 11 shall survive the termination of the Agreement.
15. AUTHORITY: Each party warrants that the individuals who have signed this agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
16. AMENDMENT: No supplement, modification, or amendment of this agreement shall be binding unless executed in writing and signed by both parties.
17. WAIVER: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition.  No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other Party any contractual right by custom, estoppels, or otherwise.
18. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the parties related to such matters.

I acknowledge that I have read, understand, and accept the covenants, terms, rules, and fees listed above.

YOU MUST CAREFULLY READ THIS DOCUMENT BEFORE AGREEING TO IT.  YOU ARE WAIVING OR RELEASING VALUABLE LEGAL RIGHTS.  YOU ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY IF YOU DO NOT FULLY UNDERSTAND THIS DOCUMENT.

The contact will be automatically added to the class as a registrant if someone drops out from a full class.