PLEASE READ CAREFULLY. THESE TERMS INCLUDE AN ASSUMPTION OF RISK, RELEASE OF LIABILITY, RESPONSIBILITY FOR PROPERTY DAMAGE, INDEMNIFICATION OBLIGATIONS, AND A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.
By checking the required acceptance box and completing the purchase of a rental time slot, the person making the reservation (“Renterâ€) confirms that Renter has read, understands, and agrees to these Facility Rental Terms, Damage Responsibility & Liability Waiver (“Agreementâ€).
This Agreement applies to the facility (“Facilityâ€) operated by Gold Facilities LLC (“GFLâ€) and to the specific rental date and time identified in Renter’s online reservation.
If Renter is booking on behalf of a team, company, organization, club, trainer, league, or other entity, Renter represents that Renter is authorized to make the reservation and agree to these terms on behalf of that organization.
1. RESPONSIBILITY FOR THE FACILITY
Renter is responsible for the Facility during Renter’s reserved time and for the conduct of all players, coaches, trainers, employees, guests, spectators, parents, children, invitees, or other persons who enter the Facility in connection with Renter’s reservation.
Renter agrees to use the Facility only for its intended and authorized purposes and to comply with all posted Facility rules and instructions.
Renter may not provide Facility access codes, keys, credentials, or other means of entry to unauthorized persons or allow unauthorized use of the Facility.
2. DAMAGE TO THE FACILITY
Renter is financially responsible for damage caused during or arising from Renter’s use of the Facility by Renter or anyone associated with Renter’s reservation.
This includes, without limitation, damage to:
- Court flooring;
- Basketball hoops, rims, backboards, nets, pads, shot clocks, and other athletic equipment;
- Walls, ceilings, doors, windows, and glass;
- Bathrooms, plumbing, and fixtures;
- Offices, common areas, stairs, railings, and viewing areas;
- Furniture and electronics;
- Lighting and electrical systems;
- HVAC equipment and thermostats;
- Security systems;
- Parking areas and exterior property; and
- Any other Facility property or equipment.
Renter agrees to pay the full reasonable cost of repair, replacement, cleaning, labor, contractor charges, or other expenses necessary to correct damage caused by Renter or persons associated with Renter’s reservation.
Renter’s responsibility for damage is not limited to the amount paid for the rental.
Renter must promptly report any damage, equipment malfunction, accident, or unsafe condition discovered or occurring during the rental.
3. LIGHTS, HVAC, UTILITIES, DOORS & CLOSING THE FACILITY
If Renter is responsible for leaving or securing the Facility after the rental, Renter must follow all Facility closing instructions.
Before leaving, Renter must:
- Turn off all lights that are required to be turned off;
- Turn off equipment used during the rental;
- Return thermostats or HVAC controls to Facility-designated settings;
- Make sure faucets and water fixtures are turned off;
- Close windows and exterior doors;
- Remove trash and personal belongings as required;
- Return Facility equipment to its proper location;
- Confirm that no unauthorized persons remain inside the Facility; and
- Properly close, lock, and secure the Facility.
Renter is financially responsible for additional costs resulting from Renter’s failure to properly shut down or secure the Facility.
This includes reasonable costs associated with:
- Lights being left on;
- HVAC systems being left at unauthorized settings;
- Doors or windows being left open or unlocked;
- Water being left running;
- Security alarms being improperly triggered;
- Unauthorized persons being allowed access;
- Lost keys or access devices;
- Emergency or after-hours service calls;
- Excessive cleaning; or
- Other avoidable utility, repair, security, or operational expenses caused by Renter or persons associated with Renter.
4. NO UNAUTHORIZED ALTERATIONS OR EQUIPMENT USE
Renter may not alter, dismantle, relocate, install, attach, drill into, nail into, or otherwise modify Facility property without prior authorization.
Renter may not modify or adjust basketball goals, electrical systems, HVAC equipment, security equipment, mechanical systems, or other Facility equipment unless specifically authorized.
5. ASSUMPTION OF RISK
Renter understands that basketball, athletic training, exercise, practices, games, sporting activities, and use of an athletic facility involve inherent and other risks.
These risks may include, among other things:
- Slips, trips, and falls;
- Collisions with other participants;
- Contact with walls, floors, basketball goals, or equipment;
- Falling or flying balls or equipment;
- Muscle, ligament, tendon, joint, or bone injuries;
- Head injuries and concussions;
- Cardiovascular or other medical emergencies;
- Serious bodily injury;
- Permanent disability; and
- Death.
Renter voluntarily assumes the risks associated with Renter’s own use of the Facility to the fullest extent permitted by law. Renter makes this Agreement on Renter’s own behalf and, to the fullest extent permitted by law, as agent for each person entering the Facility under Renter’s reservation, and Renter represents that Renter has authority to do so. Renter further acknowledges that all participants, coaches, guests, and spectators associated with Renter’s reservation participate voluntarily and with knowledge of these risks.
6. RELEASE AND WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY MICHIGAN LAW, RENTER RELEASES, WAIVES, AND DISCHARGES GFL AND ITS RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, PROPERTY MANAGERS, INSURERS, PREDECESSORS, SUCCESSORS, AND ASSIGNS (“RELEASED PARTIESâ€) FROM CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO RENTER’S USE OF THE FACILITY, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
This release is intended to include claims relating to:
- Athletic participation;
- Slips, trips, and falls;
- Facility equipment;
- Conditions of the premises;
- Acts of other participants, spectators, guests, or third parties; and
- Other risks associated with use of the Facility.
This Agreement does not release claims that cannot legally be released under Michigan law, including liability to the extent resulting from gross negligence, willful misconduct, or other liability that applicable law prohibits from being waived.
7. LIMITATION OF LIABILITY
WITHOUT LIMITING SECTION 6, AND TO THE EXTENT ANY LIABILITY IS NOT RELEASED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR RENTER’S USE OF THE FACILITY WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY RENTER FOR THE RENTAL AT ISSUE. THE RELEASED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST PRACTICE OR GAME TIME, OR TRAVEL, LODGING, STAFFING, OR OFFICIATING COSTS.
8. RENTERS, PARTICIPANTS & GUESTS
(a) Supervision. Renter is responsible for appropriately supervising all persons associated with Renter’s reservation. Renter agrees to take reasonable steps to prevent unsafe, reckless, destructive, or unauthorized conduct.
(b) Waivers. GFL may require individual participants, parents, or legal guardians to agree to separate participant waivers, rules, or acknowledgments. Renter’s responsibilities under this Agreement remain in effect regardless of whether separate participant waivers are required.
(c) Minor Participants. If any person participating under Renter’s reservation is under 18, Renter represents that Renter has authority to permit that minor’s participation and is responsible for that minor’s supervision throughout the reservation. Renter is solely responsible for the coaching, instruction, supervision, safety, and medical needs of all participants, and the Released Parties assume no duty of care, supervision, or medical care with respect to any individual participant. To the fullest extent permitted by law, Renter’s release and indemnification obligations under Sections 6 and 10 extend to claims brought by or on behalf of any participant, including any minor participant and any parent or guardian, arising from or relating to Renter’s use of the Facility. Renter will require each participant, or the parent or legal guardian of each minor participant, to sign GFL’s individual participant waiver before entering the Facility, and Renter will deliver those waivers to GFL on request.
(d) Occupancy and Spectators. Renter may not exceed the posted occupancy limit for the reserved area. No participant under 18 may be present in the Facility unless an adult 18 or older, designated by Renter, is physically present and supervising at all times. Renter is responsible for spectators, including parents and siblings, and for keeping them in designated viewing areas and off the court surface.
(e) Youth Athletic Activity Compliance. Renter is solely responsible for compliance with all laws applicable to youth athletic activities, including Michigan’s concussion awareness and removal-from-play requirements, and for removing from participation any participant suspected of having sustained a concussion. GFL does not monitor, evaluate, or clear participants for participation.
9. MEDICAL EMERGENCIES; NO SECURITY, SUPERVISION, OR MONITORING
(a) Physical Condition and Medical Care. Renter is responsible for determining whether Renter and persons participating in Renter’s activities are physically capable of participating. Unless separately agreed in writing, GFL does not undertake responsibility for providing coaches, athletic trainers, medical personnel, supervision, or medical care. In an emergency, GFL’s personnel may contact emergency medical services when they believe doing so is appropriate, but no Released Party has any duty to do so or to render aid.
(b) No Security or Supervision. Unless separately agreed in writing, GFL does not provide and does not undertake any duty to provide security personnel, guards, attendants, monitors, supervisors, or other staff for Renter’s reservation. Renter is solely responsible for the security and supervision of all persons and property associated with Renter’s reservation.
(c) No Monitoring. Any security cameras, alarms, access control systems, or similar equipment at the Facility is installed for GFL’s own purposes. Renter acknowledges that such equipment is not monitored in real time, may not be operational at any given time, and creates no duty on the part of any Released Party to observe, intervene in, prevent, report, or respond to any act, condition, injury, or loss. GFL has no obligation to retain, preserve, or produce any recording or access record, except as required by applicable law.
(d) Application of Release and Indemnity. To the fullest extent permitted by law, Renter’s release under Section 6 and indemnification obligations under Section 10 apply to claims arising from or relating to the absence, failure, or inadequacy of security, supervision, monitoring, medical care, or emergency response at the Facility, including claims based on the criminal, intentional, reckless, or negligent acts of any participant, guest, spectator, or other third party.
10. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO:
- The acts or omissions of Renter;
- The acts or omissions of persons associated with Renter’s reservation;
- Renter’s violation of this Agreement or Facility rules;
- Damage caused to the Facility;
- Renter’s failure to properly supervise Renter’s participants or guests;
- Renter’s unauthorized or improper use of the Facility; or
- Any claim brought by or on behalf of any participant, guest, spectator, parent, or guardian associated with Renter’s reservation, or otherwise arising from or relating to Renter’s reservation or use of the Facility, including claims alleging the ordinary negligence of a Released Party,
except to the extent prohibited by applicable law.
GFL may select defense counsel of its choosing. Renter’s obligations under this Section are not limited by any insurance Renter carries or by any exclusivity-of-remedy or workers’ compensation defense available to Renter.
11. PERSONAL PROPERTY
GFL is not responsible for lost, stolen, damaged, or unattended personal property, including phones, wallets, clothing, athletic equipment, vehicles, or other belongings, to the fullest extent permitted by law.
12. FACILITY RULES & TERMINATION OF USE
GFL may terminate a rental or require any person to leave the Facility for unsafe conduct, fighting, harassment, illegal activity, property damage, unauthorized access, violation of Facility rules, or other conduct that GFL reasonably determines presents a safety, security, or property risk.
Termination for misconduct does not eliminate Renter’s responsibility for rental charges or damages.
13. RENTAL PERIOD
Renter’s access to the Facility is limited to the date and time identified in Renter’s reservation.
Setup, warmups, practices, games, activities, cleanup, and departure must occur within the reserved period unless otherwise authorized.
Renter is responsible for additional rental charges resulting from unauthorized use beyond the reserved rental period.
14. INSURANCE
GFL may require teams, leagues, trainers, camps, tournaments, businesses, or other organizations to provide proof of liability insurance and/or name GFL or another person or entity designated by GFL as an additional insured as a condition of use.
15. PAYMENT OF DAMAGES AND OTHER CHARGES
Renter agrees to pay amounts reasonably owed under this Agreement for damage, repairs, replacement, excessive cleaning, additional rental time, security expenses, utility expenses, or other costs caused by Renter or persons associated with Renter’s reservation.
Such amounts may be invoiced to Renter following the rental and are payable in accordance with GFL’s payment terms.
16. NO ASSIGNMENT OR RESALE
Renter may not assign, transfer, sublicense, resell, or share its reserved time without GFL’s prior written consent.
17. CANCELLATION; CHANGE IN OWNERSHIP OR CONTROL
GFL may cancel any Facility reservation, in whole or in part, at any time and for any reason, including if GFL’s acquisition, lease, ownership, or operating rights in the premises are not completed, terminate, or change. In that event, Renter’s sole and exclusive remedy is a refund or credit, at GFL’s election, of amounts actually paid for the cancelled rental time, and the Released Parties will have no liability for any other costs, damages, or losses, including lost practice or game time, travel, lodging, officiating, staffing, or other expenses, or consequential or incidental damages of any kind.
Renter acknowledges that reservations may be accepted before GFL’s acquisition of the premises has closed, and that all reservations are contingent on completion of that acquisition. No reservation creates any lease, license, easement, or other interest in the premises, and no obligation to provide access arises unless and until the acquisition closes and the reserved time begins.
18. FACILITY UNAVAILABILITY
GFL may cancel, shorten, relocate, or reschedule a reservation for the Facility due to equipment failure, utility interruption, damage, maintenance, weather, government order, public health requirement, labor disruption, or other causes beyond GFL’s reasonable control. Renter’s sole remedy is a refund or credit for the affected time.
19. ENTIRE AGREEMENT
This Agreement, together with the reservation confirmation and the Facility’s posted rules, is the entire agreement between the parties regarding Renter’s use of the Facility and supersedes any prior or contemporaneous statements or understandings. This Agreement may be modified only by a writing issued or accepted by GFL. GFL may update these terms prospectively, and the version accepted at the time of a reservation governs that reservation.
20. ARBITRATION AND GOVERNING LAW
Any dispute, claim, or controversy arising from or relating to this Agreement or Renter's use of the Facility will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. The arbitration will be conducted by a single arbitrator, will take place in the county in which the Facility is located (or by videoconference, at the arbitrator's discretion), and will be governed by the Federal Arbitration Act. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
Arbitration is on an individual basis only. Renter and GFL each waive any right to bring or participate in a class, collective, or representative proceeding, and the arbitrator may not consolidate or preside over any such proceeding.
Either party may seek injunctive or other equitable relief in court to address unauthorized Facility access, property damage, or misuse of access credentials.
This Agreement is governed by the laws of the State of Michigan. Any legal action not subject to arbitration under this Section, and any action to enforce an arbitration award, shall be brought in a court of competent jurisdiction in the county in which the Facility is located, except where applicable law requires otherwise.
21. JURY WAIVER; CLASS ACTION WAIVER; TIME LIMIT; ATTORNEYS’ FEES
IF THE ARBITRATION PROVSION IN SECTION 20 IS HELD UNENFORCEABLE IN WHOLE OR IN PART, THEN TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER AND GFL EACH WAIVE ANY RIGHT TO A TRIAL BY JURY, AND RENTER WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST ANY RELEASED PARTY.
REGARDLESS OF WHETHER A DISPUTE IS RESOLVED IN EITHER ARBITRATION OR IN COURT, ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR RENTER’S USE OF THE FACILITY MUST BE FILED WITHIN ONE YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM OR IT IS PERMANENTLY BARRED.
Regardless of whether a dispute is resolved in either arbitration or in court, in any action to enforce this Agreement or collect amounts owed, GFL is entitled to recover its reasonable attorneys’ fees, costs, and collection expenses, plus interest on unpaid amounts at the highest rate permitted by law.
22. SEVERABILITY AND SURVIVAL
If any portion of this Agreement is found unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law. Each provision of this Agreement relating to assumption of risk, release of liability, limitation of liability, responsibility for damage, payment obligations, indemnification, arbitration, waivers, time limits on action, attorneys’ fees, governing law, and severability survives the completion, expiration, cancellation, or termination of Renter’s reservation and of this Agreement.
23. NO WAIVER; NO ORAL MODIFICATION
GFL’s failure or delay in enforcing any provision of this Agreement or any Facility rule is not a waiver of it, and no waiver is effective unless in a writing issued by GFL. This Agreement may not be modified or waived orally or by course of dealing, and no employee, agent, or other representative of GFL has authority to do so. GFL’s permission or tolerance of any conduct or deviation from Facility rules on one occasion creates no right or expectation of the same on any other occasion.
24. ELECTRONIC ACCEPTANCE
Renter agrees that checking the acceptance box and completing the online reservation constitutes Renter’s intentional electronic acceptance of this Agreement.
Renter acknowledges that:
- Renter was provided an opportunity to review this Agreement before completing the purchase;
- Renter affirmatively agreed to the Agreement;
- Renter understands the Agreement includes a binding arbitration provision and class action waiver;
- Renter intends the electronic acceptance to be legally binding; and
- GFL may electronically retain a record of Renter’s acceptance together with information relating to the reservation and transaction.
The official practice facility of theGrand Rapids Gold
