FACILITY AGREEMENT

1. GENERAL TERMS

   1. FACILITY MANAGEMENT – RCI has been granted exclusive management of the complex and reserves the right to book, manage and cancel reservations.

   2. FEES AND PAYMENT – In exchange for use of the facility, the User shall pay RCI the amount described below (subject to change).

      1. Field Usage Fee: $75 per field, per session (sessions are defined as 2 hours).

      2. Light Usage Fee: Included

      3. Vendor Fee: $75 per vendor; required for any business or individual selling a service or product during the duration of the event; this must be approved in advance by RCI.

      4. Additional Charges: Additional maintenance charges at a rate of $55 per hour/per employee may be charged if the facility is left in substandard condition. Lost equipment charges may be applied at a rate of $50+.

      5. All payments must be made at a minimum of one (1) week before the scheduled event.

   3. PERMITTED USE – RCI will permit the User to use the field(s) as booked for baseball/softball practice and likened events, and for no other purpose without the written consent of RCI.

   4. POLICIES – The User has read and agrees to all policies within this agreement. The User will disseminate this information to all teams, staff, patrons, and anyone in attendance. Failure to adhere to these policies may result in the removal of a person(s) from the facility.

2. RENTAL TERMS

   1. RCI will:

      1. Provide use of the facility per the dates and number of fields agreed to.

      2. Install and/or provide for use relevant field equipment for play (bases, mounds, screens).

      3. Ensure the facility is clean, free of trash, and presented professionally before the start of the user’s rental.

      4. Hold the right to open and operate a concession stand.

      5. Determine field/complex access due to inclement weather, damage, vandalism, or an unforeseen act of nature.

      6. Have rights to all sponsorships, commercial branding, and signage within the facility.

   2. User will:

      1. Pay RCI per the payment terms outlined in this agreement.

      2. Use its best efforts to ensure the appearance of the facility is kept professionally throughout the rental.

      3. Adhere to the policies and general terms outlined in this agreement.

      4. Return the facility to RCI in the state in which it was received.

   3. POLICIES AND GENERAL TERMS OF USE

The user is responsible for the distribution of these policies to all attendees. The user agrees to follow all terms of the rental agreement of the facility and will work with RCI to deliver a positive experience for all. RCI accepts no responsibility for attendees not having these policies disseminated to them. RCI will strive to post these in a public manner via their website and also at various locations around the facility.

 

HOLD HARMLESS, RELEASE, AND INDEMNIFICATION

 

USER, USER’S HEIRS, EXECUTORS, AND ADMINISTRATORS HEREBY RELEASE, DISCHARGE, AND AGREE TO DEFEND, INDEMNIFY, HOLD HARMLESS AND FOREVER DISCHARGE RCI, INC., CITY OF BRYAN, AND THEIR RESPECTIVE AFFILIATES, OWNERS, DIRECTORS, ELECTED OFFICIALS,  AGENTS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES” AND EACH INDIVIDUALLY, A “RELEASED PARTY’), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LOSSES, EXPENSES, DAMAGES OR CAUSES OF ACTION FOR DAMAGES OR OTHER CLAIMS OF ANY NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH USER’S ACTIVITIES AT THE FACILITY (THE “CLAIMS”), INCLUDING CLAIMS OCCASIONED WHOLLY OR IN PART, BY ANY ACT OR OMISSION OF A RELEASED PARTY.  FURTHERMORE, THE USER AGREES TO DEFEND, INDEMNIFY, HOLD HARMLESS AND FOREVER DISCHARGE THE RELEASED PARTIES FROM (I)  BODILY INJURY TO PERSONS, UP TO AND INCLUDING DEATH, CAUSED BY THE ACTS, ERRORS, AND/OR OMISSIONS OR THE WILLFUL MISCONDUCT OF LICENSEE ITS INVITEES OR SUBCONTRACTORS, (II) DAMAGE TO PROPERTY CAUSED BY THE ACTS, ERRORS, AND/OR OMISSIONS OR THE WILLFUL MISCONDUCT OF USER ITS INVITEES, OR SUBCONTRACTORS, (III) LOSSES ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY, (IV) LOSSES ARISING FROM COVID-19 AND VARIATIONS OR MUTATIONS THEREOF, OR (V) THE MATERIAL BREACH OR DEFAULT BY USER OF THIS AGREEMENT.

 

Metal Spikes Policy

No metal spikes will be permitted for use on any synthetic surface at RCI Sports facilities. Users will be responsible for enforcing this policy and communicating this to all attendees. Turf Shoes or Moulded/Rubber cleats are recommended for play.

 

Sunflower Seeds and Gum

These products will not be permitted at RCI Sports facilities.

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Concussion

RCI’s full concussion protocol can be found on our website www.rcisportsmanagement.com

 

Photo / Social Media Policy

Rally Cap Investments LLC (RCI) aims to recognize the talent of all participants at events held at RCI-operated facilities. This recognition is delivered through social media and the RCI website.

Regarding the above statement, all attendees at RCI-operated facilities hereby acknowledge and authorize Rally Cap Investments LLC, a Texas limited liability company (“RCI”), and its employees, affiliates, subsidiaries, and sponsors to utilize all photographs, videos or other likenesses of myself and/or son/daughter as they deem appropriate in promotional materials or social media. RCI has permission to post player, coach, and spectator photos, videos, and likenesses to social media, in any event, hosted at an RCI-operated facility. Roster information provided by coaches, parents, and/or players may also be used within events, on social media, and in print material about events at RCI facilities.

If any person has concerns or complaints regarding the use of an image on RCI websites, social media, or promotional material they may contact RCI directly via email at: info@rcisportsmanagement.com

 

Food & Beverage Including Alcohol

Due to the quality and maintenance needs of the synthetic turf at the complex, peanuts with shells, sunflower seeds, and gum are strictly prohibited. In addition, guests will not be permitted to bring coolers, outside food and drink, or glass containers into the complex; however, players are permitted to enter with individual drinks in plastic containers. Food and beverage services are available for all guests. We reserve the right to refuse service to anyone.

 

Drugs, Tobacco and Smoking

To protect the health, safety, and well-being of all guests, drugs, tobacco, and smoking are strictly prohibited. For clarity, smoking or other use of tobacco products including, but not limited to, cigarettes, e-cigarettes, pipes, cigars, snuff, or chewing tobacco are not permitted within RCI-operated facilities.

 

Weather

Guest safety is paramount at RCI facilities. In the event of lightning or other severe weather conditions, events will cease at outdoor venues and guests will be directed by staff to vacate the complex until it is deemed safe to resume play. RCI reserves the right to close the facility in the event of bad weather. Please refer to individual event policies for refund information.

 

Field of Play

RCI takes pride in its facilities and aims to offer a professional experience and provide high quality. To protect the synthetic turf, metal cleats and spikes are not permitted on these surfaces. Also, all players, coaches, and attendees agree to use due diligence to maintain facilities. This includes, but is not limited to playing surfaces, fencing, dugouts, dugout seating, bleachers, and surrounding hardscape areas.

 

Conduct

All guests and staff of RCI facilities are expected to exhibit good sportsmanship and respect for others. Any physical, verbal, and/or emotional abuse will not be tolerated and may result in the individual(s) being ejected from the facilities.