Facility Rental. All Instructors shall be approved by ARC prior to his, her or its use of the Facility upon completion of all Approval Requirements (defined below). Any and all Facility rental dates and times shall be requested by Instructor via the ARC website at www.animalrehab.net. Facility rental dates and times are first-come first-serve and ARC does not guarantee the availability of any specific dates and times. Once Instructor submits the requested rental dates, times, and specific Training Area, ARC shall provide approval if such dates, times and requested Training Area are available (“Training Booking(s)”). Once payment has been processed, Instructor shall receive confirmation of the Training Booking approval, and Instructor shall be entitled to use the Training Area (defined below) on the dates chosen by Instructor and approved by ARC during the Term of this Agreement. Instructor understands and agrees that the Facility contains the following four (4) Training Areas each containing an approximate area of:
Training Area A – 63 ft. by 36 ft.
Training Area B – 32 ft. by 44 ft.
Training Area C – 32 ft. by 44 ft.
Training Area D – 50 ft. by 64 ft. (outside area) (not available yet)
Instructor acknowledges that Training Areas A, B, and C are inside the Facility, while Training Area D is outside the Facility. As a courtesy to its Instructors, guests, and students, ARC provides tables and chairs which can be used in the Training Areas. Instructor understands and acknowledges 1 (one) of tables and 10 (ten) of chairs are allocated to each Training Area. Instructor agrees to only use the number of tables and chairs allocated to each Training Area. In the event Instructor becomes aware that a table or chair is damaged or broken, Instructor agrees to notify ARC immediately.
Term and Termination.
This Agreement shall commence as of the date that Instructor receives confirmation from ARC that he, she, or it has been approved as an Instructor for the purposes of conducting Training Booking(s) at the Facility and shall continue for one (1) year (the “Term”), unless sooner terminated pursuant to the terms of this Agreement. The Term shall automatically renew for subsequent one (1) year periods (“Renewal Term(s)”), unless sooner terminated pursuant to the terms of this Agreement.
In addition to other termination rights contained herein, either party hereto shall have the right to terminate this Agreement for any reason upon thirty (30) days’ written notice to the other; and (ii) either party may immediately terminate this Agreement if the other party has materially breached any representation, warranty or covenant made by such breaching party. The expiration or termination of this Agreement shall not act as a waiver of any claims, suits, or causes of action of any kind that either Party may have against the other arising out of this Agreement.
Approval Requirements. Prior to approval by ARC to use the Facility, Instructor shall have provided ARC with the following documents and information (collectively “Approval Requirements”):
A copy of Instructor’s driver’s license or some other form of identification approved by the State of California;
An executed copy of this Agreement;
Proof of vaccinations for all Training Booking participants;
Certificate of Insurance naming the Animal Rehabilitation Center its owners, agents, employees and volunteers as “additional insured” compliant with the terms herein; and
Training Philosophy certification.
Rental Fees. During a Training Booking, Instructor shall use the Training Area chosen by Instructor and approved by ARC within the Facility. The Rental Fee for each Training Booking shall be $50.00 per hour. However, nothing herein shall prohibit ARC from increasing Rental Fees, without notice and in its sole discretion, at the expiration of the Term (defined below) or any Renewal Term (defined below). The Training Areas will be available to Instructor during approved Training Bookings ONLY and Instructor agrees to account for sufficient time for setup and cleanup. If Instructor uses a reserved Training Area during another person’s Training Booking or otherwise outside of any Training Booking reserved by Instructor, ARC reserves the right, at its sole discretion, to assess Instructor an additional Rental Fee. In the event Instructor holds over into another Instructor’s Training Booking three (3) or more times within the Term of this Agreement, ARC reserves the right, in its sole discretion, to immediately terminate this Agreement.
Cancellation/Refund. If cancellation of a Training Booking by either Party is more thirty (30) days before the scheduled Training Booking, the Rental Fee will be returned. If Instructor cancels within fifteen (15) days prior to the scheduled Training Booking, 50% the Rental Fee will be returned. In the event Instructor cancels less than fifteen (15) days prior to the scheduled Training Booking, this will result in no refund to Instructor. Should Instructor “No-Show” and provide no notice of cancellation, ARC shall retain all funds paid and Instructor remains responsible for payment in full. Instructor recognizes that this section 5 is not intended to be punitive but reflect ARC’s actual or potential business opportunities in reserving the Training Area for Instructor and diminished ability to rent the reserved Training Area.
Facility Rules. Instructor shall follow all Rules and Regulations, as amended from time to time in the sole discretion of ARC, and attached hereto as Exhibit A. Instructor understands and acknowledges that the Training Areas share boundaries within the Facility and Instructor agrees to be courteous and respectful to other Instructors. Further Instructors shall not allow their guests or students to encroach upon or otherwise use other Training Areas while in use or interrupt other trainers during their scheduled training times.
Setup and Cleanup. Instructor agrees to arrive promptly 10-15 minutes before the Training Booking starts so that each Instructor may have sufficient time to setup the Training Area accordingly. Instructor agrees to conclude the training activities with sufficient time to clean up the Training Area for the next person’s use.
Housekeeping. Instructor agrees to leave the Facility in the same condition as when their Training Booking began. Each Instructor assumes responsibility for returning the Training Area used by such Instructor to a clean state before they leave. All dog elimination (urine or defecation), trash and litter must be removed from the Training Area and disposed of in the appropriate area. Please disinfect or wipe down, training area, flooring and walls and leave in clean condition for the next instructor. Although ARC does not require Instructors to mop the Training Area after each use, in the event a student eliminates anywhere in the training areas or Facility, Instructor shall clean and disinfect the area. Instructor acknowledges and agrees that additional charges may be made for repair or cleaning costs to restore venue, grounds, equipment or other property to the same condition prior to Instructor(s)’ use of the Facility, Training Area(s) and ARC’s property. Each Instructor will have access to bathrooms and break area, including a refrigerator, at the Facility and shall ensure that the bathroom facilities, break area and refrigerator provided are left in a clean and broom swept condition prior to the Instructor’s departure from the Facility.
Alcohol. Instructor acknowledges that alcoholic beverages are strictly prohibited and further agrees that neither they nor any person participating in a Training Booking shall bring alcohol onto ARC’s property or within the Facility. Any breach of this obligation may result in the immediate termination of this Agreement.
Parking. Instructor acknowledges and agrees that Instructor and Instructor’s Training Booking guest or participants shall use parking spots available at the Facility and not in other portions of the business park in which the Facility is located. The only additional parking is street parking located on Gold Canal Drive. ARC shall not be liable or responsible for any tickets, fees or penalties assessed to Instructor or Instructor’s participants related to parking infractions.
Waste. Instructor shall not commit, or suffer to be committed, any waste, any nuisance, or any other act or thing that may disturb the business operations of any other occupants of the Training Areas, Facility or the grounds around the Facility. Instructor shall not make, or cause to be made, any alterations of the Facility.
Ordinances and Statutes. Instructor shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Facility, occasioned by or affecting the use thereof by Instructor.
Use of Key FOB. Upon completion of all Approval Requirements, Instructor shall receive one (1) Key Fob which shall allow entry into the Facility only during the Training Bookings requested by Instructor. Instructor agrees to only use the Key FOB on the days and during the hours of Instructor’s Training Booking. In the event an Instructor’s Key FOB is lost or stolen, Instructor agrees to immediately notify ARC. ARC will replace Instructor’s Key FOB for a replacement fee of $50.00. Multiple lost or stolen Key FOBs within the Term of this Agreement, may result in the termination of this Agreement, in the sole discretion of ARC.
Wi-Fi. ARC offers Wi-Fi to instructors. The WiFi name is ARC-Public. Instructor may ask ARC for the Wi-Fi login credentials at any time. Instructor agrees to keep such credentials confidential and will not disclose such credentials to anyone else. ARC will notify Instructor of any changes to the login credentials and will provide such information to Instructor, upon request.
Tobacco. Smoking is not permitted inside the Facility. Instructors may smoke in designated areas outside of the Facility and shall properly dispose of cigarette butts.
Guests. Instructor shall cause its guests and Training Booking participants to abide by all Rules and Regulations, as amended from time to time in ARC’s sole discretion, pertaining to the Facility and the terms of this Agreement.
Storage. ARC allows its Instructors to leave supplies and equipment in the designated storage area near Training Area B. Instructor understands and agrees that ARC is not responsible for any items lost or stolen and Instructor leaves such personal property at the Facility at its own risk. Instructor understands and agrees that the space in the Storage Area is on a first-come-first-serve basis and ARC makes no guarantees that space will be available for Instructor to store any personal equipment or supplies.
Insurance. During the Term herein, Instructor shall at all times and at Instructor’s sole cost, obtain and keep in effect a commercial general liability insurance policy, with a minimum limit of $1,000,000 Per Occurrence and $2,000,000 Aggregate with a reputable insurance carrier. Instructor shall notify ARC within ten (10) days of any lapse, cancellation or change in insurance coverage. Instructor agrees to pay for any damages due to misuse or vandalism by any of their guests not covered or in excess of either the Instructor’s or ARC’s insurance.. ARC shall notify Instructor in writing of any such damage and Instructor shall immediately tender such claim to Instructor’s insurance.
Vaccinations. ARC requires proof of vaccination immunization for all dogs entering the Facility in accordance with California state law. ARC requires all dogs to be immunized for Canine Rabies, Canine Parvovirus, Distemper Virus, Adenovirus, Parainfluenza, Bordetella and Canine Leptospira with proof of current veterinary vaccine certificate. A positive titer certificate will be accepted for Canine Parvovirus and Distemper Virus. Instructor shall cause all dogs entering into the Facility related to Instructor’s Training Booking to comply with this requirement.
Hazardous Materials. Instructor agrees not to bring into the Facility or Facility grounds, any material, substance, equipment or object which is likely to endanger the life of or cause bodily injury to any person or property which may reasonably constitute a hazard.
Instructor Representations and Warranties. Instructor represents and warrants to ARC as follows:
That Instructor has read and understood the terms of this Agreement;
That Instructor has made all of Instructor’s guests and participants aware of the terms of this Agreement and any Rules and Regulations, as amended from time to time;
That Instructor understands that Instructor’s use of the Facility may expose Instructor to the risk of personal injury, death, communicable diseases, illnesses, viruses, Covid and/or property damage;
That Instructor’s training techniques are aligned with and shall adhere to ARC’s Training Philosophy, attached hereto and incorporated herein, as Exhibit B; and
That participation in the activities of the Instructor, including but not limited to warm-up, training, practice, games, and clinics, requires good health and fitness. Instructor believes Instructor is qualified to instruct training classes, and if at any time Instructor believes the conditions to be unsafe, Instructor will immediately discontinue further participation in any training activities.
No Warranties. ARC MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED HEREIN. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
Intellectual Property. All intellectual property rights, including copyrights, trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are created by ARC during the use of the Facility shall be owned by ARC or ARC’s assignees. Instructor hereby disclaims any rights to such materials.
Liability and Indemnity. The Facility and associated Training Areas is rented to Instructor and Instructor’s guests and participants in AS IS condition. Instructor, as a material part of the consideration to be rendered to ARC under this Agreement, waives and releases all claims against ARC for any loss or damage to any property belonging to Instructor or Instructor’s guests and participants, whether by reason of theft, burglary, breakage, stains, exposure to elements, unexplained disappearance, fire, or any other casualty or cause. Instructor assumes liability for injury to any persons they invite to the space, including but not limited to guests, invitees, licensees, agents, employees or vendors (collectively, “Instructor Parties”). Instructor agrees to indemnify, defend and hold harmless ARC, its agents, officers, employees, or members from and against any and all claims, demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including, without limitation, reasonable attorneys’ fees) of any kind or nature whatever, with respect to any loss of, or damage to, any property belonging to Instructor or Instructor Parties, from and on account of any damage or injury to any person (including death) or personal property of any person, caused by, incident to, resulting from, arising out of, occurring in connection with (a) Instructor’s use of the Facility, or (b) Instructor’s failure to keep the Facility clean and in good condition. ARC shall not be liable to Instructor or Instructor Parties for any damage by or from any act or negligence of any guest, licensee or invitee of the Facility or any occupant of adjoining or contiguous property.
Assumption of Risk. Instructor assumes all risks which are foreseeable and involved with or may arise out of his, her or its use of the Facility, including, but not limited to, the risks involved with the Instructor’s training, acts of or injury caused by any animal brought into the Facility or trained in the Facility, the negligent and/or willful and wanton acts of others, the criminal and/or intentional acts of others, the omission of an act of another, a defect or condition of the premises or the unavailability of emergency care.
Limitation of Liability.
IN NO EVENT SHALL ARC BE LIABLE TO INSTRUCTOR OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL ARC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO OWNER PURSUANT TO THIS AGREEMENT.
Entire Agreement. This Agreement, including and together with any related exhibits, schedules, attachments and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Notices. All notices, requests, consents, claims, demands, waivers and other communications under this Agreement (each, a “Notice”, and with the correlative meaning “Notify”) must be in writing and addressed to the other Party at its address set forth above (or to such other address that the receiving Party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section 12.
Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.
Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Assignment. Renter shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Owner. Any purported assignment or delegation in violation of this Section 16 shall be null and void. No assignment or delegation shall relieve the Renter of any of its obligations under this Agreement. Owner may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of Owner’s assets without Renter’s consent.
Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Choice of Law. This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California.
Choice of Forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than US District Court for the Eastern District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Sacramento County, and any appellate court from any thereof.
Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary in this Agreement, a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
Force Majeure. No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the Instructor to make payments to ARC hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, declaration of national emergencies, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; an] [(g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give reasonable notice of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of ninety (90) consecutive days following written notice given by it under this Section 22, the other Party may thereafter terminate this Agreement.
Relationship of the Parties. Nothing contained or done under this Agreement shall be interpreted as constituting either party the agent of the other in any sense of the term whatsoever or in the relationship of partners or joint venturers. In addition, the Parties acknowledge that none of the parties has, or shall be deemed to have, the authority to bind any other Party.
Dispute Resolution. Prior to the filing of any litigation, the parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement. Instructor is encouraged to bring any problems they are experiencing to the attention of ARC.
Release of Image. In consideration for Instructor’s continued permission to access and use the Facility, Instructor and Instructor’s guests and participants authorize ARC to take photographs, video and/or recordings of Instructor or Instructor’s guests or participants, likeness, voice and/or image while using the Facility and hereby consents to ARC’s use of such name, likeness, voice and/or image for commercial purposes including, without limitation social media, marketing collateral, websites, commercials, presentations, displays and/or related advertising.
Instructor has carefully ready this Agreement and fully understand its contents. Instructor is aware that this Agreement contains a release of liability and is a contract between Instructor and the ANIMAL REHABILITATION CENTER.\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]