This Premises Rental Agreement (“Agreement”) is by and between Wyckoff Tennis LLC, doing business as Wyckoff Tennis & Turf or WTT (“WTT” or “Licensor”), located at 681 Lawlins Road, Units 120-140 Wyckoff, NJ 07481 (“Premises”), and the person submitting the registration form (“Licensee”), regarding the rental of the Premises, or a designated portion thereof, including, as applicable, the turf field, tennis court, or other designated rental area confirmed by WTT in writing or by electronic communication (“Licensed Area”), by Licensee from WTT. By submitting the registration form, Licensee acknowledges and agrees to the terms and conditions set forth in this Agreement.
- Rental and Fees: Licensee agrees that this Agreement is contingent upon WTT’s receipt of the rental fee for the specified time period as agreed upon during the booking process. Details regarding the rental fee, rental period, and Licensed Area will be confirmed separately via a written confirmation or electronic communication from WTT. The term “Rental Period” refers to the specific duration for which the Licensee has agreed to rent the Licensed Area, as confirmed in writing or via electronic communication from WTT during the booking process. The Rental Period begins and ends on the dates and times specified in such confirmation.
- Acceptance: By completing the online registration form and accepting this Agreement through WTT’s website or registration platform, Licensee agrees to all terms and conditions herein and acknowledges that the rental is subject to the payment terms as outlined during the booking process.
- Terms of Use:
a. Licensee is responsible for assessing the state of the Premises and Licensed Area and its suitability for Licensee’s purposes.
b. Licensee shall use best efforts to prevent damage to the Premises, Licensed Area, and all equipment rented or used under this Agreement. Licensee is solely responsible for: (a) the conduct, safety, and well-being of all persons accompanying Licensee or Licensee’s employees, contractors, representatives, or agents in the Premises or Licensed Area; and (b) any damages or costs incurred as a result of the acts or omissions of Licensee, Licensee’s employees, contractors, representatives, or agents, or any persons accompanying Licensee or Licensee’s employees, contractors, representatives, or agents.
c. Licensee shall ensure that all participants, including but not limited to Licensee’s employees, contractors, representatives, agents, and any persons accompanying them, sign a waiver of liability prior to participating in any activities at the Premises or Licensed Area. Licensee agrees to indemnify and hold WTT harmless from any claims arising from Licensee’s failure to obtain such waivers.
d. Licensee shall comply, and cause its employees, contractors, representatives, and agents to comply, with all: (a) policies and rules provided to Licensee by WTT, such as security procedures and rules; and (b) applicable local, state, and federal laws, regulations, and ordinances.
e. Neither Licensee nor its employees, contractors, representatives, or agents will undertake on the Premises or Licensed Area any dangerous or negligent activities. Smoking, drug use, and alcohol use in any form anywhere on the Premises is strictly prohibited.
f. At the end of the Rental Period, Licensee shall: vacate the Premises and Licensed Area, leaving the Premises and Licensed Area in the same condition as it was received at the start of the Rental Period, cleaned and cleared of all materials brought by Licensee and Licensee’s employees, contractors, representatives, and agents, and free of all trash. All goods and materials, including any equipment brought by Licensee and remaining in the Premises or Licensed Area after the Rental Period ends will be deemed abandoned; and return all equipment on the Premises or Licensed Area in the same condition and appearance as received except for normal wear and tear. WTT may charge Licensee for cleaning in the Premises or Licensed Area if the Premises or Licensed Area are not vacated in the same condition as received.
g. WTT assumes no liability for any equipment Licensee or its employees, contractors, representatives, or agents bring to the Premises or Licensed Area. If any equipment or materials are damaged, lost, stolen, or destroyed or any person is injured or dies in the Premises, Licensed Area, or otherwise on the Premises during the Rental Period, each a “Liability Event”: (a) Licensee shall promptly notify WTT of the Liability Event and file all necessary accident reports, including those required by the applicable insurer; (b) Licensee and its employees, contractors, representatives, and agents shall cooperate fully with WTT and the applicable insurer(s) in the investigation and defense of any claims relating to the Liability Event; and (c) Licensee shall promptly deliver to WTT any documents served or delivered to Licensee or its employees, contractors, representatives, or agents relating to the Liability Event.
h. Licensee is strictly prohibited from conducting any training sessions or activities outside the Premises or Licensed Area. All activities must be confined to the interior space of the Premises and the Licensed Area designated by WTT.
i. Licensee shall ensure that neither it nor its employees, agents, invitees, or guests engage in any activities that produce loud music or noise that would disturb or interfere with the rights of neighboring tenants to quiet enjoyment of their premises. Licensee shall be considerate of neighboring tenants at all times.
j. Licensee shall ensure that all guests and customers adhere to any posted signage concerning plumbing or other facility instructions. This includes proper use of restrooms and disposal of waste.
k. No overnight parking of vehicles is permitted.
l. Licensee shall not store any equipment, including but not limited to soccer balls, tennis balls, pickleballs, lacrosse equipment, nets, goals, racquets, paddles, ball machines, or other training equipment on the Premises unless otherwise agreed to in writing by Licensor. No storage of property is allowed outside of the Licensed Area or in the parking lot.
- Insurance and Liability: For business Licensees, Licensee shall procure and at all times during the Rental Period maintain, at its sole cost and expense, a commercial general liability insurance policy, with limits no less than $1,000,000 per occurrence and $2,000,000 in the aggregate, including bodily injury and property damage, and an all-risk property insurance policy for miscellaneous equipment or property rented by Licensee, which policies will include contractual liability coverage insuring the activities of Licensee under this Agreement. These insurance policies must: (a) be issued by reputable national insurance companies; (b) provide that such insurance is primary and any similar insurance in the name or for the benefit of Licensor is excess and non-contributory; (c) name Wyckoff Tennis LLC, doing business as Wyckoff Tennis & Turf or WTT, and its parents, subsidiaries, and affiliates, and the officers, directors, employees, representatives, agents, and shareholders thereof, including, in each case, all successors, licensees, assignees, and designees, as additional insureds; (d) waive any right of subrogation; and (e) provide that the insurance carrier gives WTT at least thirty (30) days’ prior written notice of cancellation or non-renewal of policy coverage.
- Licensee shall provide WTT with a copy of the certificates of insurance and any policy endorsements and will not do anything to invalidate such insurance. Licensee shall provide WTT thirty (30) days’ prior written notice of any cancellation or non-renewal of any policy coverage; provided that, prior to such cancellation, Licensee shall have new insurance policies in place that meet the requirements of this Section 5.
- WTT’s Responsibilities, Liabilities, and Disclaimer.
a. WTT is not responsible for any equipment Licensee brings to the Premises or Licensed Area that is damaged, lost, stolen, or destroyed while on the Premises.
b. If Licensor’s normal operations are materially hampered or otherwise materially interfered with by any act beyond WTT’s control, including: (a) act of God; (b) flood, fire, earthquake, or other disaster; (c) epidemic or pandemic; (d) war, invasion, hostility, whether war is declared or not, terrorist threat or act, riot, or other civil unrest; (e) government order or law; (f) action, embargo, or blockade in effect on or after the date of this Agreement; (g) action by any governmental authority; (h) national or regional emergency; (i) strike, labor stoppage or slowdown, or other industrial disturbance; (j) shortage of adequate power or transportation facilities; and (k) other similar events beyond Licensor’s reasonable control, individually and collectively, “Force Majeure Events,” then WTT may at any time upon written notice to Licensee terminate this Agreement or postpone the start of the Rental Period for the duration of the applicable Force Majeure Events.
- Relationship of the Parties. This Agreement will not be construed to create any association, partnership, joint venture, employee, or agency relationship, or any other form of joint enterprise, employment, or fiduciary relationship between WTT and Licensee for any purpose. Neither party has or will have authority to bind the other party, and neither party will hold itself out as having such authority. Neither party will make any agreements or representations on the other party’s behalf without the other party’s prior written consent.
- Assignment. Neither party may assign or otherwise transfer any rights, or delegate, subcontract, or otherwise transfer any obligations or performance, under this Agreement without the prior written consent of the other party. Any purported assignment, delegation, or transfer in violation of this Section is void.
- Indemnification. Licensee shall indemnify, defend, and hold harmless WTT and its affiliates, and its and their respective officers, directors, employees, agents, successors, licensees, assignees, and designees, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys’ fees and disbursements arising from or relating to any: (a) breach or alleged breach hereof by Licensee; and (b) any negligence, acts, or omissions by Licensee or Licensee’s employees, contractors, representatives, or agents.
- Remedies. Each party waives the right to injunctive and other equitable relief in the event of a dispute with the other party. Each party acknowledges and agrees that the sole remedy against the other party will be the recovery of any actual, direct damages caused by the breach or default, and that neither party will be entitled to seek or recover consequential, incidental, exemplary, or punitive damages, or seek or obtain any form of equitable relief, including injunctive relief.
- Default and Termination. Licensor may, in its sole discretion, declare Licensee in default if: (a) Licensee fails to perform any of its obligations hereunder, including its obligation to make payments due to WTT; (b) Licensee becomes insolvent or admits its inability to pay its debts generally as they become due, becomes subject to any proceeding under bankruptcy or insolvency law, is dissolved or liquidated or takes any corporate action for such purpose, makes a general assignment for the benefit of creditors, or has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell a material portion of Licensee’s property or business; or (c) any insurance policy Licensee obtains as required under Section 5 expires or is cancelled. If Licensee is in default hereof, Licensor may, in its sole discretion: (x) terminate the Agreement and Licensee’s rights hereunder, provided that this termination will not constitute a waiver of any of Licensee’s obligations hereunder, including Licensee’s obligation to make all payments hereunder to Licensor; and (y) demand immediate payment of any balance of the Rental Fee and any other unpaid fees and charges payable by Licensee hereunder, plus, for any default due to failure to make payments hereunder, interest at 10% per annum from the date of notification of default to the date of payment. Licensee agrees to reimburse Licensor for all reasonable expenses of any enforcement of rights and remedies hereunder.
- Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Bergen County, New Jersey. The arbitral tribunal shall consist of a single arbitrator. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses in the arbitration, including attorney’s fees, but the arbitrator may award reasonable attorney’s fees to the prevailing party.
- Miscellaneous. This Agreement is the sole and entire agreement of the parties hereto regarding the subject matter herein and supersedes all prior and contemporaneous understandings, representations, and warranties, whether written or oral, regarding such subject matter. The parties may not amend this Agreement except by a written instrument signed by both parties, and any waivers relating to this Agreement must be written and signed by the party to be charged.
- Cancellation Policy. All cancellations must be made at least forty-eight (48) hours prior to the scheduled reservation time. If a cancellation is not received within this timeframe, Licensee will forfeit the rental fee paid for that reservation. Cancellations can be made via written notice to WTT via email.
BY SUBMITTING THE REGISTRATION FORM, LICENSEE HEREBY ACKNOWLEDGES AND AGREES TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. LICENSEE UNDERSTANDS THAT SUBMISSION OF THE FORM CONSTITUTES LICENSEE’S CONSENT TO BE BOUND BY THIS AGREEMENT AND ITS PROVISIONS.