Facility Use & Indemnification Agreement (Third-Party Rental)


FACILITY USE AND INDEMNIFICATION AGREEMENT (THIRD-PARTY RENTER)

This Agreement is made between:

The Occupier: Offshore Acres (Nicholas L. Hill & Brittany E. Hill, General Partnership)
424724 Concession 6, Markdale, Ontario, N0C 1H0

(Hereinafter “Offshore Acres”)

AND

The Renter:
(Legal Business Name)

(Hereinafter “the Renter”)

  1. Permitted Use: Offshore Acres grants the Renter a license to use the indoor riding arena (the “Premises”) on the dates and times specified in Schedule A (to be attached), for the sole and express purpose of conducting dog training classes and activities and for no other purpose.
  2. Renter’s Covenants: The Renter agrees to:

(a) Conduct all activities in a safe, professional, and orderly manner.
(b) Be solely responsible for its own clients, including ensuring all of its clients (and their dogs) are supervised and adhere to the Renter's safety rules.
(c) Not cause or permit any damage to the Premises.
(d) Ensure all participants use designated parking areas and do not enter private or non-rental areas of the Offshore Acres property.

  1. Indemnification by Renter

The Renter agrees to INDEMNIFY AND HOLD HARMLESS Offshore Acres, its owners (Nicholas L. Hill and Brittany E. Hill), employees, and agents from any and all claims, demands, actions, liabilities, damages, or costs (including legal fees) arising from or related to the Renter's use of the Premises.

This indemnification shall cover any claim for property damage, personal injury, or death, including but not limited to claims arising from dog bites, client injuries, or any act of negligence by the Renter, its employees, agents, or clients.32

  1. Insurance Requirements

The Renter must maintain a valid Commercial General Liability (CGL) insurance policy for the entire duration of this Agreement, with a minimum coverage of $2,000,000 per occurrence.

This policy must name "Offshore Acres, Nicholas L. Hill, and Brittany E. Hill" as "Additional Insureds."

The Renter must provide a valid Certificate of Insurance (COI) to Offshore Acres confirming this coverage prior to using the Premises. Failure to provide a COI will result in the immediate cancellation of this Agreement. The Renter agrees that its insurance policy will be primary and will not seek contribution from any insurance held by Offshore Acres.

  1. Renter's Insurance Declaration

The Renter hereby warrants that the following information is true and accurate:

Renter's Legal Business Name:

 

Insurance Provider:

Policy Number:

CGL Coverage Amount:

 

Agreed and Accepted by the Renter:  

7.0 Legal Analysis: Liability for Third-Party Renters

7.1 The "Shared Liability" Risk under the OLA

The Occupiers' Liability Act 3 defines an "occupier" as anyone with "responsibility for and control over the condition of premises or the activities there carried on." When the dog trainer rents the arena, both Offshore Acres (as the property owner) and the trainer (as the operator of the activity) could be considered "occupiers." This "co-occupier" status means Offshore Acres could be named in a lawsuit and found liable for an injury (e.g., a dog bite) that occurs during the trainer's class, even if Offshore Acres had no direct involvement.

7.2 Transferring Risk: Indemnity vs. Insurance

The goal of Document III is to contractually transfer all activity-based risk from Offshore Acres to the trainer.33 This is achieved in two ways:

    1. Indemnification (The Promise): The indemnity clause 32 is the trainer's promise to pay for any claims that arise from their activities. This is good, but if the trainer has no money or assets, the promise is worthless.
    2. Insurance (The Protection): This is the real protection. The "Additional Insured" requirement 23 is the most critical clause in Document III. By forcing the trainer to add Offshore Acres as an "Additional Insured," it means that if a claim arises from the dog training, Offshore Acres' legal defense and any potential damages will be paid for by the trainer's insurance policy.36 This isolates Offshore Acres' own insurance policy from the risk of the renter's business. The "Insurance Declaration" table is the administrative tool to ensure and document this.

8.0 Implementation and Best Practices (Mandatory)

These documents are only effective if they are implemented correctly.

8.1 Administration and Timing

    • No "Day-Of" Signing: Waivers signed under pressure (e.g., "sign this or you can't ride") can be challenged. A court may find the signatory was not given sufficient time to read and understand the document.10
    • Best Practice (E-Waivers): The recommended method is to use a digital waiver system.37 These documents should be integrated into the online boarding application, lesson-booking process, or client intake forms. This provides a clear, time-stamped, and unalterable record that the person had ample opportunity to read the waiver before arriving at the facility.
    • Initialing: The use of initial boxes for the "Assumption of Risk," "Release," and "Helmet" clauses (as drafted in Document I) is a best practice. It forces the user to pause and acknowledge the most critical sections, making it harder to later claim they "didn't read that part".37

8.2 A Waiver for Every Person

    • The Problem: Boarders, clients, and renters are easy to capture. Spectators, friends, and family who are just "dropping by" are the biggest gap in liability protection.
    • The Solution (A Firm Policy): Offshore Acres must implement a mandatory "Guest Sign-In" policy.
    1. Notify all boarders and clients that any guest they bring onto the property (riding or not) must first check in at the office (or a digital kiosk/tablet) and sign the General Liability Waiver (Document I).
    2. This must be enforced without exception.
    3. This policy is reinforced by the indemnity clause (Section 5) in the boarder's waiver (Document I), which makes the boarder financially liable for any claims brought by a guest they failed to have sign in.

8.3 Physical Signage

Waivers should be supported by clear, visible signage at the entrance to the property and at the entrance to all high-risk areas (like arenas and barns).

    • Recommended Text:
      WARNING: RISK OF SERIOUS INJURY OR DEATH
      Horses are unpredictable. All activities on this property are inherently dangerous.
      Under the Ontario Occupiers' Liability Act and the terms of the waiver agreement you must sign, you assume all risks of entering this property, including risks arising from the NEGLIGENCE of the facility, its owners, and its employees.
    • Legal Justification: This signage supports the "reasonable steps" argument 10 and ensures no one can claim they were unaware of the risks or the waiver requirement.

8.4 Document Storage and Retention

    • All signed waivers (digital or paper) must be securely stored and easily retrievable.
    • For Adults (Document I & III): Keep for a minimum of 7 years after the client relationship has ended.

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Signature Certificate
Document name: Facility Use & Indemnification Agreement (Third-Party Rental)
lock iconUnique Document ID: 6ca8bd0976a2e8cf505d91e3a5271dc913d5d7a7
Timestamp Audit
November 4, 2025 2:00 pm ESTFacility Use & Indemnification Agreement (Third-Party Rental) Uploaded by Nick Hill - [email protected] IP 148.170.157.239
November 4, 2025 2:11 pm ESTBritt Hill - [email protected] added by Nick Hill - [email protected] as a CC'd Recipient Ip: 148.170.157.239
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https://www.offshoreacres.com/
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