FACILITY/AMENITY LICENSE APPLICATION

FACILITY/AMENITY LICENSE APPLICATION

Terry Martin, Administrator & Town Manager
345 Morton St., Shipshewana, IN 46565
Phone: (260) 768-4743 x701
townmanager@shipshewana.gov

Applicants: By signing this Application on behalf of another, you warrant full authorization to represent Licensee, and that Licensee has agreed to be bound by this Agreement the same as if it had personally applied for the license.  The Administrator can demand reasonable proof thereof.

By signing this Application, I certify on behalf of myself or the stated Licensee that I have received, read, and understood the Public Facility/Amenity License Terms and Conditions and will abide by any conditions set forth therein as well as the Town’s Park Ordinance.  I hereby irrevocably release, discharge, and agree to indemnify, hold harmless, and defend the Town of Shipshewana its officers, employees, representatives, agents, boards, departments, related municipal corporations, assigns, or and any person, firm, or corporation identified in interest therewith, whether individually or jointly, from and against any and all claims, liabilities, fees, fines, penalties, damages, punitive damages, liens, costs, expenses, lost wages or benefits, and attorneys’ fees (including paralegal fees), or other causalities of whatever kind, or by whomsoever caused, whether any such amount is known or unknown, and whether past, present, or future, arising out of or relating to the issuance of the license including the event connected therewith, due in whole or in part to any act, omission, or negligence of Licensee and/or any other invitee or guest of the property.

I accept full responsibility for the facility/amenities throughout the period specified in this Application.  I further understand that, as the Applicant, I assume full responsibility for any penalty fees assessed by the Town for any violations of the Terms and Conditions governing their use.  I am also aware that by signing this Agreement, I take full responsibility for the behavior exhibited by my invitees and guests while the license is in effect.

I understand that I am responsible for any damages or fees sustained to the facilities and amenities while the license is in effect.  Responsibility includes, but is not limited to, costs in restoring facility and/or amenities and third-party fines issued as a result of noncompliance with the Terms and Conditions.  I understand that any damages or missing facility or amenities sustained in an amount greater than the security deposit must be compensated within seven days of the event date.

FEES

• The Administrator may set and collect license fees for facilities and amenities, offering (partial) waivers as appropriate. The fee schedule shall be prominently posted and publicly accessible.
• The Administrator may require in an appropriate amount (default of $100.00) a security deposit, bond, and/or general liability insurance with the Town as an additional insured; provided, however, that any security deposit or bond required shall be returned upon return of the facility in a condition substantially similar to that before granting the license.
• The Administrator may offer or require a security fee in the amount of the cost of providing security staff at a facility for the permittee’s event.
• All fees and deposits must be paid at the time of reservation.
• If licensee remains in a facility or retains an amenity beyond the license, additional daily or hourly license fees will apply.
• The license fee is nonrefundable within six (6) weeks of the planned reservation.
• Except as provided herein, security deposits will be returned to the address provided on the Application.

RULES FOR APPLICANTS

• If you are acting on behalf of another person or organization, the Administrator may require proof that you have authority to act on behalf of that person or group.
• You must be at least 21 years old to apply for a license.
• To acquire a license, you must not have any unpaid bills with the Town.
• If the Administrator has reason to believe you have previously violated the Town’s Facility Licensing Ordinance within the past 3 years, you will not be allowed to acquire a license.
• The Town reserves the right to choose which applications will need to pass a background check run by our Police Department, and may rescind any license granted for good cause.
• The Town reserves the right to automatically reject an Application made less than three (3) business days in advance.
• An applicant may request a rule waiver (not mandated by ordinance) only in advance.

FACILITY RULES

• The facilities and amenities shall be licensed on a first-come, first-served basis.
• The Administrator may determine whether a particular facility or its amenities is available for licensing and may revise that determination at any time.
• No reservation of a facility may be booked more than one (1) year in advance.
• No facility reservation may be assigned, transferred, sublet, or sublicensed.
• The Town may close a facility during inclement weather or for maintenance.
• No facility shall be used for funerals, viewings, campaigns, or other political events.
• No facility shall be used overnight.
• No facility shall be used for any activity that constitutes a significant danger to the well-being of the facility or guests.
• No alcohol or smoking is permitted at a facility.
• Licensee shall remove all decorations and clean up after an event by leaving the facility and amenities in the condition in which it was provided at the start of the license period.
• Unless the entire facility is reserved, the Town may schedule other events at a facility at the same time as your event.
• The facility capacity maximum includes all adults, children, planners, event staff, etc. and is strictly enforced. Violations may result in immediate termination of the license.

ENFORCEMENT

• The Administrator shall have the right to enter a facility at any time.
• Should an event at a facility be in violation of the license or program policies, the Administrator may shut down the event and require all persons to vacate the facility. If necessary, the Administrator may contact the police.
• In a non-emergency situation, before shutting down any event at a facility, the Administrator will make reasonable attempts to contact the licensee and allow for a reasonable period for a violation to be corrected.

DAMAGES

• Each licensee shall be responsible for any and all damage caused by the licensee to a facility and/or its amenities, even if in excess of the security deposit.
• Damages include lost keys, cleaning costs, trash removal, labor costs to restore tables and chairs to original position, etc.
• The Administrator shall deduct from the licensee’s deposit, without refund, an amount equal to all damages for which the licensee is responsible.
• In the event Licensee has violated these Terms and Conditions, the security deposit and licensing fees shall be forfeited without refund.

MISCELLANEOUS

• The Town is not responsible for any lost or stolen property.
• Except for an outdoor park, children are not allowed to run around the facility and must be under adult supervision at all times.
• These Public Facility/Amenity License Terms and Conditions are subject to change without notice.