Elmwood Park Reservation Request

Elmwood Park Reservation Application

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Section I – General Information

This Reservation Application and Terms and Conditions of Use Agreement (Reservation Application and Agreement) is an application for use of Elmwood Park and its facilities identified in the map attached hereto and made a part hereof as Exhibit A (Facilities) that any interested person or entity must complete in order to use any of the Facilities. Upon acceptance of the Reservation Application by the City of Roanoke Department of Parks and Recreation, the User shall be bound by and subject to all terms and conditions set forth in this Reservation Application and Agreement.

Upon receipt, User should complete this Reservation Application and Agreement and return to the City of Roanoke Department of Parks and Recreation, Administrative Offices, 215 Church Avenue, SW, Room 303, Municipal North, with the applicable deposit and supporting documents, as requested by the City of Roanoke Department of Parks and Recreation. Completed Reservation Applications and Agreement cover only the space and accommodations identified by the User in this Reservation Application and Agreement, for the intended use of the Facilities (Event).

Move-in/out time shall be completed within the hours set forth in this Reservation Application and Agreement. Any additional time must be approved in writing by the Director of Parks and Recreation or designee.

A completed Assembly Permit issued by the City of Roanoke, with all required documentation, must be provided by the User a minimum of thirty (30) days prior to the Event. A Reservation Application and Agreements for any of the Facilities must be received by the City of Roanoke Department of Parks and Recreation at least ninety (90) days prior to the Event with 100% of fees due at time of submitting the Reservation Application and Agreement.

Additionally, when reserving the entire park or just the amphitheater, a $1,000 damage deposit is due at the same time the Reservation Application and Agreement is submitted. If the balance of account is not completely satisfied, the Reservation Application and Agreement will be void, the Event shall be cancelled, and the date of use can be reserved by the next interested party.

Note: Payment is due the date the Reservation Application and Agreement is received by the City of Roanoke Department of Parks and Recreation executed and before any promotion or advertising is released for Event. The Event will not be considered confirmed until Reservation Application and Agreement is executed, payment
has been received by the City of Roanoke Department of Parks and Recreation, and the Reservation Application and Agreement has been approved and accepted by the City of Roanoke Department of Parks and Recreation.

Section XI – Compliance with Laws and Facility Rules

User and User’s guests shall at all times maintain proper conduct and decorum and shall comply with all laws, ordinances, rules and regulations of all applicable federal, state and local governmental bodies, including all applicable ordinances, rules and regulations of the City of Roanoke. Additionally, User acknowledges receipt of the Facilities User Fees, the map attached as Exhibit A, and the Facilities Rules and Regulations attached as Exhibit B. The User shall reimburse the City for all damage to the Facilities and ANY City property arising from the Event caused by User or by the User’s guests, employees, agents or affiliated persons, ordinary wear and tear excepted.

Section XII – Responsibility of the Parties

To the extent permitted by applicable law, each party to this agreement will be responsible for the actions, inactions or violations of its officers, employees, and agents in connection with the User's use of the Facilities or properties adjacent thereto contemplated under this Agreement, but nothing contained herein shall be construed as a waiver of the City's sovereign immunity.

Section XIII – Sovereign Immunity

The City reserves, and does not waive, the City’s right to assert the defense of sovereign immunity and/or other defenses, including defenses afforded the City by section 15.2-1809, Code of Virginia (1950), as amended, to any claim made against the City.

Section XIV – Cancellation/Refund Policy

See Facilities Rules and Regulations for details pertaining to cancellation and refund policy (Section 2, P. A-D).

Section XV – Insurance

User is required to procure and maintain, at its sole cost and expense for the duration of this Reservation Application and Agreement and the Event Comprehensive General Liability insurance in the name of the User. This insurance policy must cover, in addition to the general public, all entertainers and their support staff and any other individual participating in or attending the Event for which the Facilities are used. User must furnish proof of coverage through a Certificate of Insurance naming the City of Roanoke, its officers, employees, agents, and contractors as an additional insured thirty (30) days prior to the Activity. See Facilities Rules and Regulations for full requirements.

Section XVI – User’s Representations

If a corporation, partnership, or other legal entity, the User represents and warrants to the City that the person executing this Reservation Application has full right, power, and authority to execute this Reservation Application on behalf of User and , that upon such execution, this Reservation Application and Agreement shall be binding upon and enforceable against User. User further acknowledges and agrees that this Reservation Application and Agreement shall become a binding agreement between User and the City of Roanoke, Virginia upon acceptance of this Reservation Application and Agreement by the City of Roanoke Department of Parks and Recreation. User further acknowledges, agrees and represents that, by executing and delivering this Reservation Application and Agreement, User agrees to all terms and conditions of this Reservation Application and Agreement, including, without limitation, all ordinances, rules, and regulations of the City of Roanoke, Virginia and the City of Roanoke Department of Parks and Recreation.

Section XVII – Miscellaneous

This Reservation Application and Agreement, and the exhibits attached hereto and made a part hereof, constitute the entire agreement between the parties and may be modified only by written agreement of the parties, and shall be governed by the laws of the Commonwealth of Virginia.

Elmwood Park Reservation Application

Section I – General Information

Section II – Applicant Information

Section III – Event Information

Section IV – Ticket Sales Methods (if applicable)

Section V – Sound Company (if applicable)

Section VI – Lighting Company (if applicable)

Section VII – Security

Section VIII – User Fees for Facilities

Section IX – Use of Amphitheater

Section X – Fees and Deposits

Section XI – Compliance with Laws and Facility Rules

Section XII – Responsibility of the Parties

Section XIII – Sovereign Immunity

Section XIV – Cancellation/Refund Policy

Section XV – Insurance

Section XVI – User’s Representations

Section XVII – Miscellaneous

Section XVIII – Authorized Signatures

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