Submittal of fees is required within three business days following approval. If not received, the
tentative approval is withdrawn. A full refund will be made if the reservation is cancelled by the
Applicant at least 24 hours prior to the scheduled event or the City cancels the reservation. There
will be no partial refunds.
L.
Dispute Resolution
In the event that a dispute arises regarding an application for use of a facility, the City Manager
or his or her designee will make a determination as to whether a proposed activity is legal and
complies with this Use Policy and resolve questions regarding fees. If the applicant disagrees with
the decision rendered by the City Manager or designee, the applicant may appeal the decision to
the City Commission so long as the request to appeal has been submitted within 10 calendar days
of the date of the denial.
M.
Hold Harmless
Anyone who reserves a facility shall hold the City, its representatives, agents and officers and
employees, harmless for any personal injury, theft or damage of private property during the
period of usage, using a form to be provided by the City.
N.
Indemnity/Waiver/Release of Liability
Indemnity ‐ With the submittal of the use application, Applicant shall release, defend, indemnify
and hold harmless the City of Battle Creek, its City Commission members, officers, agents,
representatives, employees and volunteers from and against all damages, injuries (including death),
claims, property damages (including loss of use), losses, demands, suits, judgments and costs,
including reasonable attorney's fees and expenses (including attorney's fees and expenses incurred
in enforcing this indemnity), to the extent caused, in whole or in part, by the negligent, grossly
negligent, and/or intentional wrongful act and/or omission of requester, its officers, agents,
representatives, employees, subcontractors, licensees, invitees or any other third parties from
whom the Applicant is legally responsible, in its/their performance of this agreement and/or arising
out of the use of the facilities pursuant to this policy and the application, regardless of the joint or
concurrent negligence or strict liability of the City of Battle Creek. Applicant is expressly required
to defend the City of Battle Creek against all such claims.
Waiver ‐ Applicant, its officers, directors, representatives, volunteers, agents and employees do
hereby waive any and all claims for damage, injury or loss to any person or property, including the
death of any person, that may be caused, in whole or in part, by the act or failure to act of the City
of Battle Creek, its City Commission members, officers, agents, directors, representatives, and/or
employees. Applicant, its officers, directors, representatives, volunteers, agents and employees
assume the risk of all conditions, whether dangerous or otherwise, in and about the
premises/facilities, and waive any and all specific notice of the existence of any defective or
dangerous condition in or about the said premises/facilities. The provision of this paragraph shall
survive the termination of the use of the premises/facilities described herein.
