SportsPlex Frequent User Application

Submittal of the SFU Application is required for any sports association/organization/club requesting extensive usage of the SportsPlex gymnasium and field turf space. Please note that there are three (3) SFU designations: Fall (September 15 to November 30), Winter (December 1 to February 14) and Spring (February 15 to April 30).

A completed SFU Application shall be submitted via the SFU Application to the Kearney SportsPlex Director (labrandt@kearneygov.org) by the deadlines shown below for the Fall, Winter or Spring designations, which are as follows:

Submittal Deadline: July 25 for Fall SFU Designation (September 15 to November 30)
Submittal Deadline: September 5 for Winter SFU Designation (December 1 to February 14)
Submittal Deadline: October 24 for Spring SFU Designation (February 15 to April 30)

Additional SFU Rental Rules And Regulations

RENTAL START AND END TIMES: Rental start and end times are to be precisely followed. Reservations will be charged an additional $50/per half hour for arriving before or staying past the designated reservation time, and for any additional court, turf, or room usage outside of this agreement. The Applicant must be cleaned up and completely out of the SportsPlex by the reservation end time unless special arrangements are approved by SportsPlex Management.
EXCESSIVE CLEAN-UP: The rental area used by the Applicant shall be left in a clean and orderly manner. Before checkout, SportsPlex Management must verify that the rental area has been left in a satisfactory manner. If SportsPlex Management determines excessive clean-up after the rental is warranted (excluding spectator and public areas), the Applicant will pay a fee for custodial services of $100 per hour.
DAMAGED PROPERTY: The Applicant shall be liable to the SportsPlex for payment in full of the cost of replacement and/or repair of any personal or real property which is damaged as a result of this Agreement, ordinary wear and tear expected. Applicant will assume responsibility to the City for any theft or damage of City property, both personal and real, as a result of this Agreement, and to fully reimburse the City for the expense of any theft or damage to City property, both personal and real, including what the City determines to be excessive cleanup. Applicant understands that should it have to reimburse the City for any such expense, it is the Applicant’s sole obligation to attempt to collect monies paid by Applicant to the City from third parties it believes committed the theft or caused the damage in question.
SECURITY CAMERAS: Security cameras are installed and being utilized by SportsPlex to enhance public security and discourage theft or other criminal activities while respecting the privacy expectations of SportsPlex users and guests. Security cameras are installed only in public areas of the facility, including, but not limited to, facility grounds, building exteriors, public corridors, sporting surface areas (gymnasium, turf, pickleball and track) and equipment storage areas. Security cameras are not installed in private areas in which a person has a reasonable expectation of privacy, including, but not limited to, restrooms/bathrooms, shower areas, mothers’ rooms, locker and changing rooms and other areas where a reasonable person might change clothes.
INSURANCE: Applicant shall maintain general liability insurance coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate during the entire term of this rental. A Certificate of Insurance shall be provided that includes the coverage outlined, and lists City of Kearney as an Additional Insured. The name of Applicant shall appear on the Certificate of Liability Insurance as Insured, or be designated in Description of Operations (see attached sample).
HOLD HARMLESS AND INDEMNIFICATION: Applicant and/or guest(s), shall hold harmless, indemnify and defend the City of Kearney and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character both to person and property, arising out of, related to or connected to this Agreement. This indemnification applies to and includes, but is not limited to, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, expert witness fees, investigation fees, settlements, related costs or expenses, interest, and any reimbursements incurred by or assessed to the City of Kearney, its officials, employees, agents, contractors and assigns. The Applicant and/or guest(s), also acknowledge that the City of Kearney has no responsibility for any damage caused to the Applicant’s property by any source. This Indemnification and Hold Harmless provision is effective upon execution and shall be of indefinite duration and shall survive the termination of this Agreement.
CANCELLATIONS AND REFUNDS: The SportsPlex reserves the right to cancel this agreement and withdraw the permission hereby granted for just cause or failure to comply with any of the above terms and conditions. Additionally, during a specified SFU designation, an Applicant who requests more than three (3) cancellations with less than 48 hours notice to SportsPlex Management may result in the cancellation of this agreement and may impact future rental availability. In such cases, the Applicant will, upon request, immediately remove all persons and equipment they have from the SportsPlex. There will be no refund.
Under certain weather conditions, the SportsPlex may declare conditions unsafe or unacceptable. This decision is at the sole discretion of the SportsPlex Management. The SportsPlex reserves the right to cancel any rental due to special circumstances, maintenance needs, or scheduling conflicts. If a rental is canceled under this subsection, the SportsPlex will make every effort to reschedule at a time convenient to the Applicant. In the event the function cannot be rescheduled, a refund of the specified rental that was cancelled will be processed.
FORCE MAJEURE. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
OTHER.
- The Applicant will not sublease the rental area
- The Applicant will comply with all applicable rules and policies of the SportsPlex, City of Kearney, State and Local laws and regulations and any special rules posted in the rental area and ensure that its guests and employees abide by said policies, laws, and regulations.
- The Applicant shall provide proper supervision (i.e., Site Supervisor) to ensure the protection of persons and property during the event/s as specified in this agreement. The Applicant’s assigned event supervisor should be easily identifiable and must check-in with SportsPlex Management daily during the duration of the event. The Applicant will restrict all participants to authorized areas only.
- The Applicant is responsible for its own personal property, accidents, injuries, damages, or loss of property.
- The Applicant may not sell or authorize the sale of food or concession items without prior written approval of the SportsPlex.
- No permanent modifications or alterations shall be made to any area within the facility.
- In the event it shall become necessary for the SportsPlex to enforce any or all the terms, covenants and conditions of this agreement, the Applicant agrees to pay all expenses incurred by the SportsPlex in so enforcing this Agreement, including reasonable attorney’s fees and court costs.
- The Applicant agrees to vacate rental area at the scheduled time on the day/s of rental.
- The Applicant understands that the facilities that are the subject of the rental agreement are public facilities and people visiting the facility may have been exposed to and/or have been diagnosed with one or more communicable diseases including but not limited to COVID-19 or other diseases or maladies, and is impossible to eliminate the risk that Applicant, or other occupants, might be exposed to and/or become infected through contact with, or entry in, or use of the facility. The undersigned understands the risk and expressly assumes responsibility for said risk.

Acknowledgement & Agreeance:

I, the undersigned Applicant, hereby state that I have reviewed and agree to adhere to all policies, rules, and regulations of the Kearney SportsPlex included in the Sportsplex Frequent User Application and Exhibit A – Code of Conduct and that I understand and agree to be bound by the terms.

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