1. Use of WindReach Premises and Equipment for the Event
1.1 The Client agrees to be entirely responsible for all Event set up and breakdown within the time specified in the Rental Agreement. Should the Client require further time outside of the time specified in the Rental Agreement, the Client understands that there will be an additional cost as outlined in the Rental Agreement.
1.2 The Client is responsible for leaving the area of WindReach premises that are being used for the Event in the same condition as it was before the Event commenced. This includes, but is not limited to, general cleaning of surfaces, the sweeping or hard floor surfaces and mopping of the floors (when in the Activity Centre). Failure to return the area to the same condition of which it was provided can result in additional charges.
1.3 The Client is responsible for providing trash bags for the Event. Furthermore, the Client agrees to remove and properly dispose of all Event debris and trash after the Event.
1.4 The Client may use electricity and air conditioning, including water from the Main Activity Building Kitchens, providing such is done in a responsible manner. The Client agrees not to use any such utilities in any way that may over-load, waste, or interfere with the day-to-day operations at WindReach. This includes, but is not limited to, responsible use of air conditioners ensuring windows and doors are closed as necessary.
1.5 WindReach will provide an Employee, Facilitator or Volunteer who will remain on property for the duration of the Event. This is the Client’s contact during the Event should any issues arise. WindReach will provide entry to the Area specified in the Rental Agreement, as well as close the Area upon conclusion of the Event. Unless previously agreed in writing, WindReach’s Employees, Facilitators or Volunteers will not be responsible for the set-up or breakdown of the following: tables, chairs, decorations, post-event cleaning, trash removal, parking and security.
1.6 The Client will ensure that NO BALLOONS will be brought onto the WindReach premises during the Event by anyone, including guests and third-party vendors. Should balloons be discovered at the Event by WindReach Staff or Facilitators, they will be removed or the Client will be asked to remove the balloons immediately.
1.7 Under no circumstances will the Client hang or attach Event decorations with double sided tape, nails, hooks or other potential destructive adhesives to any part of the walls, windows, doors, ceiling or equipment (whether fixed or moveable). With permission of WindReach, the only acceptable method to affix decorations to any surface for the duration of the Event will be the brand “Command Strips”. Should the Client receive permission to use Command Strip adhesives, all strips and decorations must be removed during the Event breakdown.
1.8 It is understood that the Client will not have access to WindReach’s private WiFi / internet services.
1.9 The Client shall provide the name and telephone number of at least one person who will be responsible for ensuring that the premises are left in good order, free of equipment and trash, all of which shall occur at the conclusion of the Event.
1.10 The Client understands that, unless previously agreed in writing, WindReach will not issue refunds for Events that may be affected by inclement weather. The Client assumes the risk and hardships involved with having an event that may be outdoors. It is our desire to have the Client’s Event go as smoothly as possible; should inclement weather prevent a pre-arranged Playground Rental, WindReach will hold the a space in the Main Activity Centre as a back-up location for the Event. Should inclement weather force a Playground Rental Event indoors, as a matter of health and safety WindReach reserves the right to restrict any and all access to the Playground area.
2. WindReach Rules
2.1 The Client will observe and comply with the rules communicated and / or posted at WindReach.
2.2 Children and minors at the Event must be closely supervised at all times.
2.3 WindReach Employees, Facilitators or Volunteers who are overseeing the Event will be permitted to enter the Event or Area at any time before, during and after the Event. WindReach will not interfere with the Client’s Event unless the Client breaches the Event Application, Event Rental Agreement, or the Terms and Conditions.
2.4 Only official service animals are permitted on property for the Event. No other animals are to be brought onto the WindReach premises unless written permission has been obtained from WindReach in advance of the Event.
2.5 WindReach is a smoke free environment. Smoking of cigarettes, cigars, e-cigarettes or similar is strictly prohibited.
2.6 DJs / live music is permitted under the Rental Agreement for the Event; however, excessively loud exterior speakers are not permitted. The Client agrees to keep noise levels at a reasonable level and within the guidelines set forth by the Bermuda Residential Noise Ordinance, Summary Offences Amendment Act 2010.
2.7 The Client undertakes to ensure that there is no illegal activity of whatsoever nature during the Event. The Client recognizes that should any illegal activity be discovered, WindReach will report the same to the appropriate authorities and the Event will immediately end regardless of the Event end time specified on the Rental Agreement.
2.8 In accordance with the occupancy levels set by the Bermuda Fire and Rescue Service, the Client agrees to abide by the person occupancy limits communicated by WindReach for the Event areas in the Rental Agreement. For the avoidance of any doubt, it should be noted that the occupancy levels may be reduced to comply with recommendations set forth by the Bermuda Government as a response to health and safety during, and post the Covid-19 pandemic.
3. Client Property and Third-Party Vendors
3.1 The Client is financially responsible for all the arrangements, communications and costs with third-party vendors / suppliers for the Event.
3.2 The Client agrees to provide all necessary items including, but not limited to, trash bags, decorations, tableware, and audio-visual equipment for the Event.
3.3 The Client will be responsible for seeing that the area used for the Event is cleared and free of all rental equipment and trash, at the conclusion of the Event.
3.4 The Client is solely responsible for any personal items brought to WindReach and encouraged to ensure the return of any articles left behind by third-party vendors or Event guests.
3.5 WindReach will not be held liable for any property left on the premises after the Event’s conclusion.
3.6 The Client agrees to ensure that guests and third-parties associated with the Event abide by these Terms and Conditions.
3.7 For the avoidance of doubt, the Client understands that the term Guest includes individuals attending or present at the Event offered / hosted by the Client at WindReach. This includes adults and minors.
4. Parking
4.1 The Client will have non-exclusive use of the common parking areas at WindReach, while WindReach reserves the right to designate parking areas as necessary for other Clients, Participants or Events.
4.2 The Client will ensure that no vehicles drive or park on any part of the WindReach premises that are not designated paved parking areas, including the playground and paddocks.
4.3 The Client is responsible for providing parking attendants to oversee orderly parking in the correct parking areas when 50 or more guests are expected at the Event.
4.4 Parking on the playground, grass or paddocks is strictly prohibited.
5. Boundless Playground
5.1 All Guests under the age of 18 years must at all times be actively supervised by the client and/or responsible adult.
5.2 The Client agrees to support playground users to be respectful to the Boundless Playground environment and equipment, and only use the equipment for that of which it was intended. This includes, but is not limited to, keeping sand in the immediate area of the sand boxes, throwing objects down slides and defacing playground equipment.
5.3 For the health and safety of all playground users, as well to preserve the longevity of the Playground equipment, WindReach requests that food and refreshments are enjoyed at the picnic benches or another designated area away from the playground equipment.
5.4 The Client agrees to report any incidents, damages, potential dangers or environmental concerns to WindReach’s Employees, Facilitators or Volunteers as soon as possible.
5.5 WindReach is not responsible for damages to, or loss of, personal belongings.
6. Fees and Cancellations
6.1 The Client agrees to the booking deposit and fees as outlined in the attached Rental Agreement.
6.2 An Event date will not be held without confirmation of receipt of the agreed booking deposit.
6.3 Full payment as noted in the Rental Agreement is required no less than two weeks before the agreed Event date.
6.4 Cancellations made within two weeks of the Event date are subject to a 50% charge of the amount agreed in the Rental Agreement. For the avoidance of doubt, an Event booking that is not paid in full two weeks before the Event may result in loss of security deposit and the Event date will be cancelled.
6.5 Deposit and Fees can be paid in cash during normal business hours, by credit card or direct deposit to WindReach’s HSBC account #010-857621-001, please note rental in transfer description.
7. Liability, Damages and Injury
7.1 The Client shall be held liable for any damages to any part of the WindReach premises that result from unreasonable acts or negligence of the Client’s, Event Guests, Third-party Vendor’s or other individuals associated with the Event. This includes but is not limited to, all fixtures, fittings, moveable property belonging to WindReach, animals and any damage whatsoever to an individual or individuals resulting from the Event.
7.2 While in the Sensory Trail or other areas specified for the Event in the Rental Agreement, the Client indemnifies and holds harmless WindReach, its Directors, WindReach Trust, WindReach Trustees, Employees, Facilitators and Volunteers, against any and all actions, costs, claims, demands and liabilities, in respect to injury, loss or damage, to property or persons associated with or attending the Event.
7.3 The Client undertakes to ensure that the Client and all guests, including children and third-parties, attending the Event remain solely in the designated Event area on the WindReach premises. In Particular, there shall be no access to the Stables, Paddocks, Animal Zone, Sensory Trail, 20th Anniversary Trail and Lime Kiln. These are areas where no unauthorized Clients, guests, children or other individuals shall be permitted to enter unless previously agreed in writing or noted in the attached Rental Agreement.
7.4 The rental space will be inspected immediately following the rental. In the event that any damage is identified, the renter shall be held fully responsible and expressly agrees to reimburse the owner for all repair costs, replacement expenses, or other damage-related fees incurred.
7.5 For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Client hereby absolves and relieves WindReach, its Directors, Officers, Employees, Facilitators, Volunteers, and the WindReach Trust from any liability whatsoever which the Client, Guests or Third-Party Vendors now have or may have in the future, which arises from the Event. It is understood and agreed that the Client and their guests, vendors and other individuals associated with the Event are attending the Event at their own risk and will not make any claim against WindReach, its Directors, Officers, Employees, Facilitators, Volunteers, and the WindReach Trust.
As the Client named on the Rental Agreement, by way of signing the below I acknowledge my understanding of the Rental Agreement and the above Terms and Conditions, agreeing to the conditions set forth. The Rental Agreement with the above Terms and Conditions may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.