Compensation or malicious provision in these leases specifies whether the sports/recreational promoter or facility owner is contractually liable when a third party (for example. B spectator or player) is injured and suffers damage. In summary, this provision provides that one party (compensation) must bear the costs of legal defence and, in certain circumstances, on behalf of the other party (compensation). The replacement provision of the exemption can be formulated in such a way as to allow for three different results: 1) Limited form: each party is responsible for its own negligence, 2) intermediate form: one party is 100% responsible for the total liability of its sole negligence or partial negligence, or 3) Broad Form: one party is liable even if the other party is negligent alone. Given that the owner of sports facilities is a party to the contract that is normally in a position of “power”, it is not surprising that his lawyer normally develops the replacement provision for replacement allowances of less than 2) or 3) above. Some might ask why the “Limited From” provision should be included in a lease agreement, since it does not carry over debts and merely reintegrates common-law debts. However, the addition of such a provision has a legitimate purpose, since it provides for a contractual remedy (in addition to the unauthorized remedy) that allows the defused party to assert its rights at a lower cost and more securely when there is only the debtor. A written vehicle rental agreement is usually established by the sports centre owner`s lawyer and must be signed by the sports/recreational organization before being used. Prior to the signing of such an agreement, the sports/recreational organization (as well as its lawyer and insurance agent) should always check the rental conditions to ensure that they are fair with respect to accepted and transferred debts and whether the sport/recreational organization complies with insurance requirements.
Sports/recreational organizations (. B for example, teams, leagues, tournament organizers, camps, individual teachers, gymnastics, martial arts studios, hunting clubs, etc.) often rent outdoor or indoor sports facilities to carry out activities such as play and exercise. Similarly, the owners of sports facilities (municipal and private) make the facilities available to the sports organization in exchange for rental income or to serve the municipality.