Facility Reservations

TERMS AND CONDITIONS

1. The City of Albany (“City”) has the right to revoke this permit for use of the City facility requested by Permittee for unforeseen circumstances or for failure to comply with all the terms and conditions of this agreement and applicable federal, state and City laws and regulations. The City will provide written notice of any revocation or cancellation to the Contact Person. 

2. The City also reserves the right to revoke or amend the Facility permit if a City event is rescheduled for the Facility on a date included in the permit. After revocation or amendment by the City, the City and its Department of Recreation (“Department”) will work with Permittee to reschedule or refund all/part of the security deposit.

3. Even if joint or concurrent liability is imposed on the Permittee, City, and Department by statute, law, ordinance, rule, order, or regulation, the Permittee shall defend, indemnify, and hold harmless the City, and its agents, employees, officers, and elected officials (collectively referred to as “Personnel”) to the fullest extent permitted by law, against any claim, proceeding, loss, judgment, liability, or expense of any nature that arises out of, relates to, or is caused by (i) any act, omission, or Facility use by Permittee, or Permittee’s agent, employee, director, patron, participant, and/or user (collectively referred to as “Guests”) at/around the Facility or (ii) Permittee’s failure to perform Permittee’s obligations under this agreement, except to the extent caused by the negligence of the City or its Personnel.

4. Permittee and its use of the City Facility must comply with City, state, and federal laws prohibiting harassment and discrimination.

5. Permittee must provide a certificate of General Liability Insurance to the Department at least 48 hours prior to the specified Start Date that names the City as an additional insured party at least a $1M limit per occurrence and $3M aggregate limit. The insurance certificate must cover all dates requested by Permittee. Insurance carriers must carry an A.M. Best rating of no less than A-VII. 

6. Permittee must provide a schedule to the Department that identifies teams that will be using the requested Facility no less than 48 hours before the scheduled game.

7. Permittee may not sell, operate, or permit the sale of food (concessions) at the Facility. The City and Department reserve the right to operate all food concessions at the Facility at any time. Permittee may sell clothing and other event-specific, non-food merchandise.

8. The use, consumption, or possession of alcohol, tobacco products, and illegal drugs by Permittee and its Guests is expressly prohibited. The Permittee will ensure that Permittee, its Guests, or any spectators at the Facility are aware of and will abide by this prohibition.

9. Only City signage and City sponsor signs may be displayed at the Facility. No other signage or advertising, even if temporary, is permitted. Permittee shall not use the City name, or any City logo, without prior consent from the City.

10. Permittee will supply sufficient personnel to ensure all Guests’, Personnel’s, and spectators’ safety and that Permittee’s event at the Facility is conducted in a safe and appropriate manner.

11. Permittee must designate a point of contact for the permit and will supply the City with this person’s contact information 48 hours prior to the Start Date. The Point of Contact shall be present at the Facility during all specified dates and times of the permit, or available by phone if permitted use occurs on three or more occasions.

12. Permittee is responsible for the administration, sale and collection of any tickets for/at the Facility. Permittee also acknowledges the limited spectator capacity at City facilities and is responsible for informing all spectators of the limited amount of seats, including informing spectators and invitees at the ticket point of-sale when no seats remain. The City is not responsible for over attendance at the Facility, i.e., when spectators and Guests exceed available seating. The Permittee possesses sole responsibility for any sale and overselling of tickets.

13. If deemed necessary or appropriate by the City, Permittee (or its designated agent(s) or representative(s)) may walk-through the Facility no more than 30 (and no fewer than 7) days prior to the proposed Start Date with City or Department representatives.

14. No locker room facilities are provided with the permit and the City assumes no risk or liability regarding any lost or stolen items or valuables. Permittee and its Guests should park in legal parking spaces and obey all posted parking signs. The City and Department will not reserve parking spaces for Permittee(s) or third parties, and is not responsible for towed or ticketed vehicles. Parking at City facilities is limited and the Permittee agrees to provide proper supervision to ensure the proper use of any parking lot and to protect the neighboring areas from illegal parking.

15. The Permittee will keep the Facility in good condition. The Permittee will pay the reasonable cost of all repairs caused by or necessitated by the Permittee’s use upon notice or demand by the City.

16. If, on a day of the permitted use, the Permittee needs something that was not initially agreed-upon, the City will make reasonable efforts to meet, but does not guarantee the fulfillment of, any day-of needs or requests. Permittee agrees to pay any reasonable, additional charge for the fulfillment of last-minute requests.

17. If the Permittee cancels its permit, in writing, no less than 10 business days prior to the Start Date, the City will refund 50% of Permittee’s deposit. The City reserves the right to retain the entire deposit for cancellations made in any other manner.

18. The City will provide one lifeguard, at a rate of $15 per lifeguard, for every 25 swimmers anticipated during Permittee’s use of City swimming pools. No outside lifeguards may be utilized by Permittee.

19. The City will provide a standard number of security and janitorial employees for each permit. If the permitted use requires additional security and janitorial employees, the Permittee will be charged for, and must promptly pay, this additional expense.

20. No reservations will be granted on official holidays recognized by the City of Albany. Any multi-day or reoccurring reservation request that includes a holiday will have that date omitted from the request.

21. Launching a balloon into the atmosphere or space will be conditioned on the requirement that the Permittee notify both the Albany FAA (518-862-1487) and the Boston Air Traffic Center (603-879-6655) the day of the launch at least a half hour (30 minutes) prior to launch.

22. Inflatable devices are only allowed on City property with a Certificate of General Liability Insurance in the amount of $2,000,000 naming the City of Albany as “additional insured” on a primary and non-contributing basis. The Albany Fire Department and Albany Police Department reserve the right to direct the removal of the inflatable device for public safety precautions at any time.