Rental Terms and Conditions

RESERVATION AGREEMENT
 

1. Use of Field

 
Licensor hereby licenses Licensee use of a/the field(s) at the Facility (“the Field(s)”) on the specific dates and times as set forth in Reservation Invoice attached hereto and made a part hereof for the purpose indicated on Reservation Invoice.
 
Licensee will ensure that they have allotted the proper amount of time to account for warm-ups, play time, etc., or Licensee may be required to leave the field prior to completion of their event.
 
Licensee’s use of the Field is subject to any and all applicable governmental rules, laws, orders and regulations. 
 

1.  Field Permit and Field Usage

• Field use requires a permit that may be attained by filling out online request form.

• Field reservation is confirmed when this Agreement is executed, payment is received by Licensor, and a receipt is provided. This will include the signing of a rental reservation agreement, arrangement of fee payment, and the signing of applicable waivers (if necessary).

• Activities must coincide with the time indicated on the rental invoice and occur only on the designated Field(s).

• Practice, goal-keeper warmup and non-sanctioned scrimmage activity is not permitted within the 18 yard boxes of the grass fields.

• Warming up or play is not permitted on adjacent fields at any time.

• No more than 32 participants will be allowed on one grass field at any given time, unless given written consent.

•  Private personal training at the Facility is strictly prohibited.

• Unauthorized use of any field is prohibited.

• HSP reserves the right to adjust field assignments based on field condition and/or weather.

1. Term

 
The term of this Agreement shall commence on the Rental Date and continue through the Rental time as set forth on Reservation Invoice (the “Term”).
 

1. Prohibited at the Facility

 
The following are prohibited at the Facility: 
 

• Weapons
• Illegal drugs and paraphernalia
• Alcohol
• Glass containers
• Tobacco products
• Pets and animals (other than registered and leashed service dogs)
• Fireworks, flares, and smoke bombs
• Fuel heaters
• Open flame grills (propane and charcoal)
• Seeds or any snacks producing a shell
• Generators
• Flying drones and remote controlled cars
• Scooters, hover boards, Segways and similar devices (automated and non-automated)
• Skateboards
• Inline skates
• Bicycles
• Motorized vehicles
• Spray paint, powder, duct tape or any other substance to mark fields
• Metal cleats
• Golf clubs and baseball bats
• Air horns
• Laser pointers and laser pens
• Confetti
• Other items deemed detrimental to the Facility by Licensor

1. Equipment & Outside Services

 
Licensee is not permitted to bring generators, tent structures larger than 10’ x 10’, portolets, ice merchandisers, stages, scissor lift or filming platforms, golf carts or contract with 3^rd party vendors for services (e.g. third party security or ambulance companies) without written approval by Licensor in Licensor’s sole discretion.  Licensee must contract with Licensor’s preferred Facility vendors & providers.   
 

1. Selling of Goods, Services or Products

 
Licensee may not sell, nor hire a third party to sell, admission tickets, food, beverages, merchandise, or any other items at the Facility without the prior written consent of Licensor.
 

1. Advertising, Signage, Banners

 
Licensee may not post, place, hang or distribute pamphlets, handbills, or advertising material of any kind at the Facility without the prior written consent of Licensor.

1. Field Closure and Inclement Weather

The Facility operates on a delay first, cancel second, policy pertaining to field closures due to necessary field maintenance or inclement weather.  Licensee may reschedule should inclement weather or maintenance render a Field unusable.  Reservations are subject to availability.  Licensor is not responsible for any costs incurred by Licensee caused or related to rescheduling Licensee’s event. 
Licensee must comply with Licensor’s inclement weather evacuation procedure.  Licensor may cancel, suspend, or postpone events due to inclement weather that jeopardizes safety.  Licensor operates the Facility on a NO REFUND policy regarding weather related closures.  Licensor delays first and cancels second regarding field closures due to inclement weather.

1. Field Status

Licensor provides field status (weather and closure) information via www.HoustonSportsPark.com. Field status information is also available by following HSP on Twitter @HoustonSportsPk. For further information on Field Closures, please see item 8.

1. Supervision and Damages Occurred

Licensee is responsible for Licensee’s invitees at the Facility.  Misuse of the Facility or failure to abide to the regulations will be sufficient reason to deny any future reservation request.  Licensee is responsible for any damages caused to, or at, the Facility by Licensee or Licensee’s invitees.

1. Parking and Entry

Licensor reserves the right to charge for parking or entry, but not both, and Licensee is not entitled to any revenue from same.
All vehicles must park in designated spaces within the main or overflow lots.  The main lot is identified as the appropriately marked concrete areas within Facility grounds.  The overflow lot is defined as the gravel lot north of the Facility.  PARKING IS AT YOUR OWN RISK; Licensor is not responsible for accidents, theft, vandalism, or other related events that occur at the Facility. For more information, please visit http://www.houstonsportspark.com/about-hsp/ground-maps--parking/

• Parking lot gate(s) will typically open 30 minutes to 1 hour prior to the first scheduled rental listed on the events calendar.

• Only Licensor or Licensor’s designees may open and close parking lot gates.

• All cars must vacate the Facility promptly after the end of the last scheduled field time.

• Gates will typically close 15 to 30 minutes after the last scheduled rental.  Please review posted daily schedule for parking lot closing time. 

• Vehicles left overnight are subject to being locked inside parking lots or towed, at the owner’s expense.

• Vehicles should not impede any entrances, sidewalks, bridges, gates, and garbage receptacles at the Facility.

1. Park Cleanliness

 
Licensee is required to maintain a clean environment.  This includes cleanliness during each rental and prior to Facility departure after rental.  Facility staff will assist in keeping fresh trash bags within Facility trash cans. It is the responsibility of the Licensee and its invitees, to ensure trash is disposed in proper trash receptacles.
Licensee is encouraged to meet with Licensor prior to departure regarding cleanliness and limit the potential of a cleaning fee.
Licensor reserves the right to assess a minimum $200 cleaning fine per Field following each rental if additional cleaning is required.  Both the assessment and magnitude of this penalty are at the discretion of Licensor.

Licensor may require the services of a licensed athletic trainer (“LAT”) during contact events.

1. Athletic Trainer

These events include but are not limited to: Men’s/Women’s Rugby competitions, Men's Lacrosse competitions, tackle football competitions, and other events or activities as deemed appropriate by Licensor

• For more information, please see http://www.houstonsportspark.com/field-reservations/athletictrainerpolicy/
•  
• Licensee must provide their LAT’s name and valid national license number prior to the completion of the reservation process.
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• LATs must meet with Licensor’s staff upon arrival and remain at the Field during Licensee’s use.
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• Absence of a required LAT will result in the immediate suspension of the activity.
•  
• All LATs shall provide a medical kit approved by Licensor.  Required items include bandages, splints, coolers, ice bags, and other injury related equipment in sufficient quantity.  Specific questions regarding required items may be directed to Licensor in advance.
•  
• There is an AED at the Facility located in the picnic area in between fields 2 and 5.  Ice is available for purchase at $5/20lb bag.

1. Payment & Refund Policy

 
Payment must be made in accordance with the terms set forth on the invoice provided.  Licensor requires full payment immediately for reservations under $1,000.00.  Reservations over $1,000.00 and occurring sixty (60) days or more after this Agreement is signed can be held by a 50% non-refundable deposit with the balance due ___ days prior to the event.  Payment will not be accepted at the Facility.  Field reservation is confirmed when payment is received and receipt is provided.
 
Licensor operates a NO REFUND policy.  In no event, shall Licensee be entitled to a refund if Licensee’s event is canceled.  Licensee may reschedule its events without penalty 14 days before Licensee’s first event.  If Licensee reschedules within 14 days of Licensee’s first event Licensee will forfeit its deposit.
    If Licensee’s event is cancelled by Licensor due to inclement weather or required field maintenance (and an immediate field replacement is not available) the parties shall agree on a rescheduled date and Licensor shall credit the Fees to such rescheduled date.  Such rescheduled date must be within twelve (12) months of the cancelled event.
 

1. Revocation

Licensor reserves the right to terminate this Agreement if Licensee breaches this Agreement or:

1. provides incorrect information on an application form,
2. fails to adhere to the rules and regulations of the Facility,
3. a youth organization utilizes a permit issued to adults,
4. an adult organization utilizes a permit issued to youths,
5. Licensee transfers or resells it permit,
6. fails to adhere to the payment schedule outlined on the Reservation Invoice

1. Release & Indemnity

 
Licensee, Licensee’s heirs, executors and administrators hereby release, discharge and agree to defend, indemnify, hold harmless and forever discharge Licensor, Houston Amateur Sports Park LGC, INC., City of Houston, and their respective affiliates, owners, directors, agents, employees, contractors, successors and assigns, past and present (collectively, the “Released Parties” and each individually, a “released party’), from and against any and all claims, demands, actions, costs, losses, expenses, damages or causes of action for damages or other claims of any nature arising out of or in any way connected with Licensee’s activities at the Facility (the “Claims”), including Claims occasioned wholly or in part, by any act or omission of a Released Party.  Furthermore, Licensee agrees to defend, indemnify, hold harmless and forever discharge the Released Parties from (I)  bodily injury to persons, up to and including death, caused by the acts, errors, and/or omissions or the willful misconduct of Licensee its invitees or subcontractors, (ii) damage to property caused by the acts, errors, and/or omissions or the willful misconduct of licensee its invitees, or subcontractors, (iiI) losses arising from the negligence of a released party, (iv) losses arising from COVID-19 and variations or mutations thereof, or (v) the material breach or default by Licensee of this agreement.
 

1. Governing Law & Venue

 
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.  Venue for any disputes arising out of this Agreement shall be in Harris County, Texas.
 

1. Force Majeure

 
If a Force Majeure Event prohibits, prevents or delays any party, whether directly or indirectly, from performing any of its non-monetary obligations under this Agreement, then such party shall be excused from such performance to the extent, but only to the extent, made necessary by the Force Majeure Event and only until such time as the Force Majeure Event terminates or is revoked or resolved. The absence of a reference to the term “Force Majeure Event” in any provision of this Agreement shall not be considered in interpreting whether such provision may be subject to a Force Majeure Event.  “Force Majeure Event” shall mean any act, event or condition (except, in each case, for the payment of money) which is beyond the reasonable control of the party asserting the Force Majeure (defined below), which wholly or partially prevents or delays the performance of any of the duties, responsibilities or obligations of the party asserting the Force Majeure. The term “Force Majeure” shall include, but not be limited to, an act of God; an act of the public enemy; civil disturbance or unrest; lawsuits; injunctions; lightning; fire, explosion or other serious casualty; water damage; terrorist attack (or threats thereof); epidemics; strike, lock-out or labor dispute (without regard to the reasonableness of any party’s demands or any party’s ability to satisfy such demands); accident or sabotage; unusually severe weather (including hurricane, earthquake, tornado, landslide or flood); war (whether declared or not) or threats thereof; blockades; embargoes; condemnation or other taking by the action of any governmental body on behalf of any public, quasi-governmental or private entity; other governmental action or change in law; shortages or failures of sources of labor, material, energy, fuel, water, other vital utility, equipment or transportation; or COVID-19 and variations or mutations thereof and any related epidemics, residual effects, economic impact and results thereof.