In addition to the appropriate fee payment, please provide the following:
- Certificate of Liability Insurance in the amount of $5,000,000 is enclosed (naming the Corporation of the Township of Wellesley as additional insured) Insurance limits may be amended and increased coverage type depending on event size, risk and past history. The certificate of insurance may be inspected by the insurance providers for the Township and will be approved to their satisfaction.
Indemnity - The Organization/Event Organizer, both during and after the term of this Agreement, shall at all times, and at its own cost, expense and risk, indemnify and hold harmless the Township of Wellesley, its elected officials, officers, employees, volunteers, agents, events, and all respective heirs, administrators, executors, successors and assigns from any and all losses, damages (including, but not limited to, incidental, indirect, special and consequential damages, or any loss of use, revenue or profit by any person, organization or entity), fines, penalties and surcharges, liabilities (including, but not limited to, any and all liability for damage to property and injury to persons, including death), judgments, claims, demands, causes of action, contracts, suits, actions or other proceedings of any kind (including, but not limited to proceedings of a criminal, administrative or quasi criminal nature) and expenses (including, but not limited to, legal fees on a substantial indemnity basis), which the indemnified person or persons may suffer or incur, howsoever caused, arising out of or in consequence of or directly or indirectly attributable to the services required to be performed by the Event, its agents, employees and sub-consultants on behalf of the Township of Wellesley, provided such losses, damages, fines, penalties and surcharges, liabilities, judgments, claims, demands, causes of action, contracts, suits, actions or other proceedings of any kind and expenses as defined above are due or claimed to be due to the negligence, breach of contract, and/or breach of law of the Event, its agents, employees, volunteers or sub-consultants.
Additional Terms and Conditions:
The Organization shall, at no cost to the Township of Wellesley, obtain and keep in force prior to the date of the event and until ten (10) days after the Special Event, Commercial General Liability (CGL) Insurance satisfactory to the Township of Wellesley, including the following and underwritten by an insurer licensed to conduct business in the Province of Ontario:
- The Township holds the right to adjust the amount of Liability insurance required depending on the risk, size of the event and past history of the event;
- The Township of Wellesley shall be named as an additional insured;
- The policy shall contain a provision for cross liability and severability of interests clause;
- Non-owned automobile coverage with a limit equal to those required for liability
- Products and completed operations coverage (Broad Form) in the same amount of the CGL policy
- That 30 days prior notice of an alteration, cancellation or material change in policy terms which reduces coverage shall be given in writing to the Township of Wellesley.
- If alcohol is to be served or consumed at the event, Alcohol Liquor Liability insurance will be required listing the Township as Additional Insured.
It shall be the sole responsibility of the Event to determine what additional insurance coverage, if any, is necessary and advisable for its own protection and/or to fulfill its obligations under this agreement. Any such additional insurance shall be obtained and maintained at the sole cost of the Event and the Township shall be added as additional insured or loss payee where applicable.
The Organization recognizes and accepts that Township of Wellesley roads are not in a new condition and may have some deficiencies, including, but not limited to cracks, potholes, pavement distortion, gravel on the pavement, pavement drop off and washouts that could contribute to a possible injury to a participant or event staff/volunteers of the event. As such, the Event & Event Organizer agree to the indemnity within the application.
The Organization must ensure that the Applicant is authorized to act on behalf of the Organization and is a knowledgeable person in the event, in the Township of Wellesley’s reasonable opinion. Being “a knowledgeable person in the event” means being a person who is aware of the procedures necessary and risks involved with organizing such events. Notwithstanding above, the Organization is responsible for ALL aspects of the event.
The Applicant has reviewed the proposed route and as a knowledgeable person in the event has determined that the route does not exceed the capabilities of the least experienced participant in the event.
The Applicant shall be responsible to ensure all event participants abide by the requirements of the Highway Traffic Act unless the Police are permitting the non-conformance of the Highway Traffic Act.
The Applicant shall be responsible to ensure that all event participants adhere to all by-laws and laws.
The Applicant shall be responsible to ensure that all event participants adhere to all applicable conditions of the Special Event Permit.
The Organization shall have a reasonable amount of first aid available on site during the event.
The appropriate fees have been provided, as well as the associated maps outlining the event location/signage and detour route/signage.
The Township reserves the right to reject any or all future Special Event Permit Applications from persons or Organizations who have not met the conditions of any Special Event Permit issued by the Town. In addition, the Township has the right to amend conditions depending on size, risk and past experience of events.
The Township of Wellesley reserves the right to modify this application to meet specific needs of the Township and the Organization.
