User or any Person acting under the User’s authority provided false or misleading information to CUPF, including false
or misleading information about the User or the proposed use
CUPF assessed damages against the User or any Person acting under the User’s authority
CUPF deems the use inappropriate for the Facility, inconsistent with the size, location, and available services at the
Facility, or inconsistent with public health, safety, or welfare standards
User or any Person acting under the User’s authority failed to fully complete or comply with the Agreement or a
previous Agreement, including non-payment by virtue of a returned check or failure to make scheduled payments
Termination is effective 10 calendar days after the notice is issued, unless a different time is given in the notice. The
County is not responsible for User’s losses as a result of termination or modification under this section, excepting a
refund of any fees User paid to CUPF for the use of the Facility.
Refunds/Cancellations. CUPF will refund fees paid by the User to CUPF to permit the use of the Facility in accordance with
its cancellation policy but only if the User completes a Cancellation/Adjustment request and submits to CUPF within the time
frame noted. The User must pay CUPF the cancellation fee set forth in the fee schedule for each Facility. In the event of
cancellation by CUPF, the User’s account will be credited in full. CUPF is not responsible for advertising, food, or any other
costs associated with an Activity when Facilities are closed due to inclement weather or other emergency.
Notice of Accidents or Damage. User must give the County prompt written notice of any accidents or injury upon, or
damage to, the Facility
Responsibility for Accidents or Damage. User is financially responsible for any loss, personal injury, death, or any other
damage (including incidental and consequential) arising from the exercise by it, or any person acting under the User’s
authority, of the right of access under this Agreement or arising out of a breach of this Agreement by User. The County
will determine the dollar amount in the case of property damage to the Facility and will charge the User accordingly.
User must reimburse the County for any damage to the Facility within 30 calendar days after notice from the County
Indemnification. User and its agents agree to indemnify, defend, and hold harmless the County from any loss, injury,
liability, damage, claim, lien, cost or expense, including reasonable attorneys’ fees and costs, arising from the use of the
Facility by the User, any person acting under the User’s authority, or by any person in the facility as a participant or potential
participant in any activity the User conducts in the Facility or arising out of a breach of this Agreement by the User. The
User’s foregoing responsibility to indemnify and hold harmless the County extends to any incidents resulting from the failure
to use caution near architectural structures such as a raised stage or stairs. This agreement to indemnify and hold harmless
the County will survive expiration and termination of this Agreement.
User need not indemnify, defend, or hold harmless the County for any loss, cost, damage, claim, or other expense arising out
of the County’s sole negligence or intentional misconduct.
Insurance. The County reserves the right, in its sole discretion, to require the User to maintain insurance, as specified below,
or an amount determined by the County’s Division of Risk Management sufficient to indemnify, defend and hold the County
harmless as required above, with an insurance company licensed to do business in Maryland.
The User must maintain a policy of commercial general liability insurance with limits of at least $300,000 for each
occurrence and an aggregate amount of $300,000;
If alcohol of any kind is served, the User (and the event planner) must also maintain a policy of liquor liability insurance
with limits of at least $300,000 per occurrence;
Policies must list Montgomery County as an additional named insured;
The User must provide CUPF with a copy of the certificate of insurance within 10 calendar days following submission of
the completed Application;
The insurance certificate must show at least a thirty day’s notice to the County for cancellation or modification;
Nothing in this Agreement may be construed to create any rights or claims in any third parties.
Release. User releases the County from all claims and demands of any kind which User has had, claims to have had, or might
subsequently accrue to the User arising from the use of the Facility by the User, or any person acting with the User’s
knowledge or consent or arising out of a breach of this Agreement by the User. The County accepts no responsibility for any
equipment or materials left at the Facility by the User. The release does not include any claim arising out of the County’s
Modification and Waiver. Except where expressly provided to the contrary, any amendment of this Agreement must be
in writing, signed by the Parties. A party wishing to waive any rights under this Agreement must do so expressly in
writing. A waiver will be narrowly construed so as not to waive any other rights or any other instance to which that right
Severability. Whenever possible, each provision of this Agreement must be interpreted in such a manner as to be valid
under applicable law. But if any provision of this Agreement is deemed invalid, that provision must be severed, and the
remaining provisions must otherwise remain in full force and effect
Entire Agreement. This Agreement constitutes the entire agreement between the Parties. All terms and conditions
contained in any other writings previously executed by the Parties and all prior and contemporaneous arrangements
and understandings between the Parties are superseded by this Agreement. No agreements, statements, or promises
about the subject matter of this Agreement are binding or valid unless they are contained in this Agreement