GVHA STANDARD PERMIT TERMS & CONDITIONS FOR A SPECIAL EVENT
1. Grant of Permit. Applicant is granted a non-exclusive and non-transferrable Permit, permitting the Applicant to operate the event under the event name on the Site.
2. Permitted Purpose. Applicant may use the Site for the event and for no other purpose or purposes whatsoever. Applicant acknowledges that GVHA may, on 72 hours’ written notice, direct in writing that Applicant shall cease (a) the sale of any specific goods or services, or (b) any activity; whether previously permitted or not, from the Site, and the Applicant shall forthwith comply.
3. Permit Fees and All Other Applicable Fees. Unless otherwise permitted, all fees are payable upon receipt of the invoice.
4. Site Location and Relocation. GVHA shall designate a Site location. In GVHA’s absolute discretion, GVHA may, at 72 hours’ notice, and at any time in an emergency, require the Applicant to vacate the designated Site and relocate to a different Site. If Applicant does not agree to relocate, this Permit shall be terminated and GVHA shall reimburse Applicant for Permit Fees on a pro rata basis.
5. GVHA Access. GVHA shall, at all times and for all purposes, have full and free access to the Site.
6. AS IS, WHERE IS. Applicant accepts Site AS IS, WHERE IS. Applicant acknowledges GVHA has made no representations or warranties regarding the Site, including regarding the zoning, suitability for the Applicant’s business or activities, or disruptions due to noise, construction or any other cause.
7. Own Risk. Applicant acknowledges and agrees GVHA shall not be responsible in any way for any injury to any person, or for any loss or damage to any property belonging to Applicant, its officers, employees, agents, or invitees, including any loss or damage caused by theft, breakage, weather conditions, or attributable to electric or other wiring, fire or smoke, unless such loss, damage or injury was caused due to the gross negligence of GVHA or persons for whom it is in law responsible. Under no circumstances shall GVHA be responsible for indirect or consequential damage or for any business loss.
8. Responsibility. Applicant shall obtain all applicable permits and provide copies to GVHA. Applicant is responsible for ensuring the event is conducted in a safe and orderly manner; the event and activities are restricted to the Site; and the event activities do not interfere with other users of GVHA property.
9. Damage to GVHA Property. Any damage that may be caused to GVHA’s property or any part thereof, or works connected therewith, by Applicant or caused by the activities of Applicant, shall forthwith be reported to GVHA. Damage costs shall be assessed, and repair costs billed to Applicant. Vehicles are not to be driven onto grassed areas.
10. Days and Hours of Operation. Applicant shall hold the event during the days and hours permitted or as otherwise notified in writing by GVHA,
11. Signage and Displays. Applicant shall not construct, erect, place, apply or install any graphics, design, poster, sign or display on GVHA’s property, including the Site, without first obtaining the written consent of GVHA. Signage must meet GVHA standards. The cost of installing, maintaining, changing and removing all graphics, designs, posters, signs or displays shall be borne by Applicant. Sandwich boards are not permitted
12. Nuisance. Applicant shall not do or permit any act or thing to be done on GVHA’s property that is or would constitute a nuisance to the lands or premises of GVHA or its occupants, or adjacent businesses, or to the public generally.
13. Clean and Tidy. Applicant shall maintain the Site and surrounding areas, including any other areas used by Applicant in a clean, neat and tidy condition, and free of waste, all to the satisfaction of GVHA. Applicant is responsible for the removal and appropriate disposal of all waste materials in accordance with applicable laws. No hazardous materials may be stored or disposed of on GVHA property. Applicant shall be responsible for subsequent cost for clean-up by GVHA.
14. Compliance. Applicant shall abide by and comply forthwith at its expense with all laws, regulations, and bylaws made by federal, provincial, municipal or other authorities and all Rules and Regulations or directions as may be issued from time to time by GVHA concerning GVHA’s property and its use.
15. Indemnity. Applicant shall indemnify and hold harmless GVHA, its directors, officers, agents and employees from and against all liabilities, losses, suits, claims, demands, fines, damages, costs and expenses (including all costs for investigation and defence thereof) based upon or attributable to this Permit or any actions taken or things done by Applicant, its officers, invitees, agents or employees unless such damage or injury was caused due to the negligence of GVHA or any other person for whom it is in law responsible.
16. Insurance. Applicant will take out and maintain during the term of the Permit a policy of general public liability insurance against claims for bodily injury, death or property damage arising out of the use of the Permit Area by the Licensee in the amount of not less than two million dollars ($2,000,000.00) per single occurrence naming ‘Greater Victoria Harbour Authority’ as an additional insured and shall provide GVHA with a certified copy of such policy or policies before Applicant commences any activities under this Permit. All policies of insurance shall contain a waiver of subrogation clause in favour of GVHA and shall also contain a clause requiring the insurer not to cancel or change the insurance without first giving GVHA 30 days’ written notice. For certain events, GVHA may require public liability insurance of greater than $2,000,000.00.
17. Deposit. Deposit may be required for the event. It will be subtracted from final invoice.
18. Cancellation. Either party may cancel this Permit without cause at any time by giving ten (10) days’ notice in writing, and thereupon after the expiration of such period of notification this Permit shall be determined and ended. If Applicant cancels less than 10 days before the event commencement date, Applicant agrees that the Applicant will be responsible for GVHA’s administrative costs and loss of opportunity in an amount equal to 15% of the gross amount of fees payable under the Permit, which amount GVHA may deduct from any deposit made by the Applicant. GVHA may by written notice to Applicant terminate this Permit for cause: (a) for a breach of these Permit Terms and Conditions that continue after GVHA has given 72 hours’ written notice and Applicant has failed to cure the same; (b) if Applicant attempts to assign or sub-licence this non-transferrable Permit; (c) if any of the goods or chattels of Applicant are seized or taken in execution by a creditor of Applicant; (d) for violation of any applicable laws; (e) for physical assault or abusive behaviour towards any person; (f) non-payment; or, (g) if your activities or conduct are imminently harmful or injurious to the health or safety of the public
19. Surrender. On expiration or earlier termination of this Permit, Applicant must forthwith peaceably quit and deliver possession of the Site to GVHA in a safe, clean and tidy condition and remove any chattels or improvements constructed, placed or installed on the Site by or on behalf of the Applicant.
20. Notice. Any notice to GVHA shall be delivered to: 100-1019 Wharf Street, Victoria BC V8W 2Y9. Notice to Applicant shall be in writing by any of the following means: (a) personal delivery; or (b) by registered mail to the address set out by the Applicant in this Permit: or (c) by email.
21. Privacy Statement. To the extent that any of the information provided in this Application and Permit is personal information, the Applicant consents to its use in accordance with this privacy statement. The information is collected for the purpose of identifying and contacting Applicant if there is an emergency or incident and administering and ensuring compliance with this Permit. Personal information will not be disclosed except as required by law or for the purposes for which it was collected. Applicant may update personal information or obtain a copy by contacting GVHA in accordance with the Notice provision in this Permit.copy goes here