This Boathouse Agreement (“Agreement”) is made by and between Toledo Rowing Foundation, an Ohio nonprofit corporation (“TRF”), and User. Capitalized terms are defined either in the body of this Agreement or in the signature block.

1. Scope. TRF hereby allows User to use the boathouse located at International Park in Toledo, Ohio (the “Boathouse”), during the Term specified below as follows:
1.1 User may store User’s Equipment at the Boathouse in the area specified by TRF. See Schedule 1: Storage, Page 2.
1.2 User may use the Boathouse conference room for rowing-related meetings and events, subject to scheduling and availability.
1.3 User (and if User is a team or organization, its members) may use the Boathouse erg rowing machines, subject to availability.
1.4 User may use the Boathouse repair bay to repair hulls, subject to scheduling and availability.
1.5 User may rent additional equipment from time to time from TRF pursuant to a separate Rowing Equipment Rental Agreement.
1.6 User agrees (and if User is a team, all of its members agree) that User is responsible for training to safely handle and operate all Equipment.
2. User’s Duties. User will (and if User is a team or organization, User will cause its members to):
2.1 Pay the Boathouse Fee by the first day of the Term or, if later, upon signing this Agreement.
2.2 Use the Boathouse and the Equipment in a safe and responsible manner, and exercise appropriate supervision over its members.
2.3 Fully comply with all guidance and Boathouse rules established by TRF from time to time, and obey instructions from TRF employees.
2.4 Maintain appropriate liability insurance as specified by TRF from time to time, naming TRF as an additional insured and provide a copy of the policy or proof of coverage to TRF upon signing this agreement and promptly upon request thereafter.
2.5 Inspect all Equipment before and after each use.
3. Term.
3.1 The Term is specified in the signature block. A spring Term means January 1 through June 30. A fall Term means July 1 through December 31. Annually is January 1 through December 31.
3.2 Either party may terminate this Agreement, with or without breach, by written notice to the other party (email is acceptable), effective upon receipt. If User terminates, User must cease using the Boathouse and remove all Equipment upon termination. If TRF terminates, User must remove all equipment within 30 days of termination.
3.3 If TRF terminates this Agreement without breach by User, it will prorate the Fee through the date User has removed all Equipment, and refund any unused Fee. If TRF terminates this Agreement because of User’s breach, or if User terminates this Agreement, then there will be no partial or full Fee refund.
4. Liability and Indemnity.
4.1 User releases TRF with respect to any claims relating to activity occurring outside the Boathouse, including without limitation any activity occurring on public roads and on the water.
4.2 User is responsible for any loss or damage caused by User or its members to the Boathouse or to any TRF or third party equipment.
4.3 IN THE EVENT IT IS ADJUDGED THAT TRF IS LIABLE TO USER FOR NEGLIGENCE, THE AMOUNT OF DAMAGES SHALL NOT EXCEED THE LIMITS OF TRF’S THEN AVAILABLE LIABILITY INSURANCE COVERAGE OR PROCEEDS THAT ARE THEN AVAILABLE AS COVERAGE FOR THE CLAIMED LOSS; IT IS FURTHER AGREED THAT THE SOURCE OF ANY PAYMENT OR RECOVERY OF ANY MONEY DAMAGES IS LIMITED TO TRF’S THEN AVAILABLE INSURANCE PROCEEDS; AND IT IS FURTHER AGREED THAT NEITHER TRF NOR ANY OF TRF’S EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, HEIRS OR AGENTS SHALL BE LIABLE OR RESPONSIBLE TO PAY ANY CLAIMS OR JUDGMENTS.
5. Miscellaneous.
5.1 This Agreement constitutes the entire agreement between TRF and User with respect to the subject matter addressed herein.
5.2 User may not assign this Agreement in whole or in part.
5.3 This Agreement will be governed by Ohio law, without reference to conflict of law principles. All disputes shall be subject to the exclusive jurisdiction of the Courts having subject matter jurisdiction in Lucas County, Ohio.