Laws and
Rules: The User
shall comply with all state laws, City ordinances, regulations of the
Superintendent of Seattle Parks and Recreation (SPR) applicable to activities
in City parks, and any lawful order of a City of Seattle or Friends of
Waterfront Park representative made to prevent injury or damage. No lewd
conduct or gambling devices are permitted on the premises.
Noise and
Amplified Sound: Event
noise is an item that can have a large impact on a neighborhood and park
experience. Requests for amplified sound are reviewed carefully. It is unlawful
to have amplified sound in a park without a permit or approval from Friends. Friends has
discretion to allow or disallow amplified sound during an event and set any
limits it deems necessary, including but not limited to, allowing subwoofers
and drums. A Friends staff member may attend an event to measure decibel levels
and has authority to require a reduction or can terminate amplified sound.
Approval
Required: The
following activities are NOT ALLOWED without advance written approval from Friends
of Waterfront Park: the sale of food, beverages, goods or merchandise; charging
admission or fees for services; alteration, painting, or construction on any
structure within Waterfront Park.
Responsibility: The User assumes responsibility for all
activities it conducts during the event, including but
not limited
to, supervision and control to prevent injury or damage; maintenance of the
premises during the use; picking up bottles, debris and refuse; and providing
security to maintain order. Friends disclaims any liability from, and the User
agrees not to hold Friends or The City of Seattle liable for, all harm that may
arise from the event authorized by this permit.
Departmental
Access: Friends and
City of Seattle authorized representatives shall have free access to the
premises at any and all times. Friends and/or City of Seattle may make repairs
or alterations to the premises during the use period as long as the same does
not unreasonably interfere with the use of the premises for the planned event,s
determined by the Park Experience Director. Friends staff may interfere with
the User’s use of the premises for repair and alteration work resulting from an
emergency.
Cancellation,
Relocation by Friends: Friends may, without liability, upon giving as much advance notice to
the User as practical, cancel or terminate a Permit or relocate a scheduled use
to a nearby available location if the premises are closed for repairs,
necessary utilities or services cannot be supplied or a supervening order of a
governmental officer or agency makes it necessary. If Friends needs to cancel
the event, they will refund paid fees excluding the application fee.
Revocation: Friends may revoke a permit and/or stop a use
in progress if the User fails to comply with any State laws, City ordinances,
including Seattle Municipal Code 25.08.520 (noise ordinance), the rules and
regulations of the Park Experience Director, the terms and conditions of their
permit or an approval required under Section 4; the User fails to secure a
necessary permit; and/or after a warning, the User disregards instructions
from an authorized representative
of Friends or engages in activity that may cause injury to the public or damage
to the premises.
No
Assignment: The
permit and the permission granted may not be assigned, nor the premises sublet,
without the prior written consent of Friends.
Indemnity: The User hereby releases and shall
save, defend, indemnify, and hold Friends of Waterfront Park, The City of
Seattle, and their respective officers, employees, and agents harmless from any
and all causes of action, suits at law or equity, claims, demands, and liability
of any nature (including but not limited to attorney’s fees) arising out of any
act or omission of the User, or of any agent, employee, or subcontractor of the
User under this Permit Agreement.
In the event
of the concurrent negligence of (a) the User or (b) any of the User’s employees
or agents, and Friends, The City of Seattle, or any of their employees or
agents, the User indemnification obligation shall be enforceable only to the
extent of the negligence of the User or its employees or agents.
The User
waives any immunity the User may have under any industrial insurance
legislation (Title 51 RCW or other applicable legislation) to claims brought
against the User by Friends or The City of Seattle in connection with this Permit
Agreement, which waiver has been mutually negotiated by the parties hereto.
The User
further agrees to indemnify, defend, and hold Friends, The City of Seattle, and
their respective officers, employees, and agents harmless from any claims,
losses, damages, or liabilities arising from:
1. Failure
to obtain necessary permits and approvals (outside of Friends scope) –
including, but not limited to, special event permits, and fire department
approvals.
2. Failure to comply with environmental, safety,
and regulatory requirements – including hazardous materials handling, shoreline
development ordinances, and ADA compliance.
3. Disruptions
due to utility failures – including but not limited to power outages, water
supply interruptions, or telecommunications disruptions, for which Friends and
The City of Seattle assume no liability.
No liability
shall attach to Friends or The City of Seattle by virtue of entering into this Permit
Agreement except as expressly provided herein. The rights granted by this
provision shall survive the expiration or earlier termination of this Permit Agreement.
Insurance:
If request approved. User shall
deliver to Friends a Certificate of Insurance (COI) at minimum 30 days in advance of the event confirming the existence or issuance of the
policy described in the paragraph below and naming Friends of Waterfront Park
and the City of Seattle as additional insured. The following language will be
included in the Certificate of Insurance listed in the Description of
Operations box: “The following are included as additional
insured: Friends of Seattle Waterfront, a Washington public benefit corporation
(d/b/a Friends of Waterfront Park), its officers, employees, agents, and volunteers;
and City of Seattle and its officers, officials, employees, agents and
volunteers.” User shall there after maintain insurance
continuously through the term of this agreement.
User shall,
at all times during the term of this Permit Agreement, maintain continuously,
at its own expense, (1) Commercial General Liability (CGL) insurance, including
premises/ operations, products/completed operations, personal/advertising
injury, contractual liability and stop gap liability. The minimum limit of
liability shall be $1,000,000 for each occurrence combined single limit bodily
injury and property damage (CSL) and General Aggregate of $2,000,000 (2) If
vehicles are used in the conduct of business, Automobile Liability insurance,
including coverage for owned, non-owned, leased or hired vehicles as
appropriate. The minimum limit of liability shall be $1,000,000 CSL. CGL and
Automobile insurance as specified above shall: (1) include “Friends of
Waterfront Park” and “City of Seattle” as an additional insured for primary and
non-contributory limits of liability, (2) shall not be canceled without thirty
(30) days prior written notice to Friends.
ADA
Compliance: Where
possible and within the limitations of each park site, Friends of Waterfront
Park will make accommodations for persons with disabilities upon request. Email accessibility@waterfrontparkseattle.org.
For more information on Accessibility efforts visit https://waterfrontparkseattle.org/accessibility/.