USE OF FACILITIES FOR SPECIAL EVENTS OR BY OUTSIDE AGENCIES

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1 USE OF FACILITIES FOR SPECIAL EVENTS OR BY OUTSIDE AGENCIES Table of Contents A. Introduction... 1 B. Exposure Analysis & Liability...1 C. Risk Assessment Self Evaluation...2 D. SAMPLE: Policy and Procedure... 4 E. SAMPLE: Application for Facility Use F. SAMPLE: Notification of Facility Use Application Decision G. SAMPLE: Facility Use Agreement A. INTRODUCTION Schools and colleges are frequently asked by internal and external groups for permission to use their facilities for special events or regularly scheduled programming. For instance, a school s badminton club may want to host a regional tournament in which individuals or teams from other schools or private clubs participate. Or, a local women s shelter wants to use the track for a walk a thon fundraiser to support its work. Or, the Women s Club in town wants to conduct fitness classes for mothers and their children. Public schools or colleges may view sharing their facilities as a public responsibility. Similarly, private institutions may see such opportunities as important for community relations, good promotion for their institution and/or a revenue opportunity. No matter what the purpose, it is important for the educational institution to ensure proper protection of its property and management of liability risk associated with such activities. B. EXPOSURE ANALYSIS & LIABILITY Discrimination issues what groups will be accepted Management or transfer of risk through insurance and indemnification agreements Activities prohibited (i.e., pyrotechnics, fireworks) Seating Flammable or combustible materials Dangerous animals Alcoholic beverages Concessions Insurance coverage Injuries to spectators and visitors Political risk (failure to grant permission to use facilities, granting permits to controversial groups) The major loss exposure arising from facility use by outside agencies is injuries to spectators and participants. A large percentage of losses and claims come from individuals who are injured as a result of the activities involved athletics, recreational programs, carnivals, tournaments, festivals and camp programs. To a lesser degree, educational institutions periodically receive complaints from individuals or groups who claim access to facilities were denied because of factors relating to race, religion, national origin or political affiliation. If unresolved, complainants may litigate against the institution, seeking regress in terms of damages and access. Policies that address facility use are necessary and should be developed with assistance from counsel. Equally as important is the fair and consistent application of the policies throughout the institution. 1

2 Facilities users should complete an application, and (depending on the specific policy) provide proof of liability insurance with the institution listed as an additional insured. C. RISK ASSESSMENT SELF EVALUATION Administer the following questionnaire to the administrator currently responsible for approval of the use of institutional facilities by outside groups. Every question should be answered with a YES. Be sure to address and remedy those items with NO responses. With regard to use of institutional facilities by internal or external groups (other than for classes and regularly scheduled institutional intramural, club and athletics activities): 1. An employee has been designated to handle all applications, agreements, payments, billings and recordkeeping for use of institutional facilities. Policies and procedures exist that detail each of these responsibilities. 2. A policy and procedure exists that requires a written application, written confirmation of approval of such application and a written use agreement for the use of any institutional facility by internal or external groups. All of these documents have been reviewed and approved by legal counsel as conforming to institutional policy as well as local, state and federal laws. 3. A policy exists that prohibits the use of institutional facilities by any group that discriminates on the basis of age, color, gender, national origin, physical impairment, political affiliation, race, religion, or sexual orientation. 4. A policy exists that prohibits institutional personnel from discriminating on the basis of age, color, gender, national origin, physical impairment, political affiliation, race, religion, or sexual orientation in the consideration of any facility use application. 5. Our facility use policy clearly states that institutionally affiliated groups (academic department, athletics and other programs, registered student organizations, etc.) have priority over external groups. 6. Our institution requires that a supervisor be present at all events held on our property, that the supervisor be trained in emergency medical procedures (i.e., first aid, CPR, AED) and be knowledgeable of emergency medical and safety procedures at the facility to which he or she is assigned. 7. A list of all facilities and institution owned equipment available for use by outside agencies and a rental cost schedule for such use is available upon request. 8. By policy, the institution retains the right to require that facility users provide for security, lifeguards or other types of specialized personnel, in addition to an event supervisor, depending on the nature of the event being conducted. 9. Our facility use policy includes a provision which permits the institution to cancel any facility use permit for reasons of weather, field or facility conditions or the need to use such facility for a priority institutional event. 10. Our facility use policy holds the user responsible for all damage to facilities caused by the user s staff, participants or spectators. 11. A policy exists and is communicated to prospective facility users regarding the institution s right to deny use for any reason and its obligation to deny use for events or activities that violate any institutional policy or local, state or federal law. 2

3 12. Our facility use policy specifies that use permits are non transferable. 13. Our facility use policy clearly states the obligation of the user to observe fire and safety regulations and posted notices. In addition, each user receives a copy of safety and emergency medical, fire and police procedures for the facility they are renting. 14. Our facility use policy contains a requirement that a signed use agreement and prepayment of all fees be received by the institution no later than two weeks prior to the event. 15. All non school groups using our facilities must provide certificates of insurance of a specific type and a minimum designated amount and must agree to name the institution as an unrestricted additional insured on the user s policy. The types and minimum insurance amounts and other insurance requirements have been reviewed by our institution s property insurance company or broker. 16. By policy, all approved facility users must restrict their activities and participants to specific locations within the building. 17. Our policy includes a requirement for approval of all event signage to be located in the facility or on institutional property as well as a requirement to remove such signage immediately after the event. 18. Our policy requires users to demonstrate that all concessionaires that are utilized for their event are licensed and insured, all persons handling food meet county and state health requirements and all personnel abide by specific policies governing the use of kitchens or other concession areas, copies of which are required to be given to the user as part of the use agreement. 19. Our policy requires users to make announcements prior to the start of any event regarding emergency evacuation procedures, handling emergencies, following the requests of institutional supervisors and prohibited activities and substances. 20. Our policy requires users to immediately report all accidents and injuries to a designated institutional supervisor or representative. 21. Our policy requires that the user indemnify the institution against all liability, claims, demands, actions, suits, damages, proceedings, costs and expenses (including reasonable attorney fees, injury to persons and damage to property) for which the user may become liable directly or indirectly arising out of the use of our facilities. 3

4 D. SAMPLE: POLICY AND PROCEDURE USE THIS ONE PARAGRAPH INTRO FOR EVERY TOPIC!!!! The following policy and procedure is a sample. Do not use verbatim. Follow instructions to insert information applicable to your institution and then submit to your legal counsel for review to be sure all elements conform to institutional policy and applicable local, state and federal laws. (Name of Institution) Policies and Procedures Regarding the Use of Institutional Facilities The [superintendent, principal, president, or title of other senior staff member with policy and decision making authority] or designee shall be responsible for the administering the following policies and procedures that shall govern the use of institutional facilities by internal groups conducting special events/programs or external community entities. Facility use applications are available from [designate title of person should be the same as in 5.1], (hereafter referred to as Facility Coordinator ) who shall also be responsible for assisting prospective users in the determination of suitable space and any questions regarding the application of this policy. All rentals of school facilities shall be approved by [indicate institutional committee or title of person] consistent with the following policies and procedures. 1.0 Nondiscrimination. (Institution) shall not discriminate on the basis of age, color, gender, national origin, physical impairment, political affiliation, race, religion, or sexual orientation in the consideration of any facility use application. (Institution) shall deny application for facility use to any group or individual that denies the membership or participation in its activities based on such discriminatory factors. 2.0 Scheduling 2.1 Master Calendar. The Facilities Coordinator shall be responsible for maintaining the Master Facilities Use Calendar for the institution on an ongoing basis. 2.2 Black Out Days. Institutional facilities are not available for scheduling on official institutional holidays when all buildings are closed or when facilities are closed for maintenance or renovation. The Facilities Coordinator shall be responsible for including such black out days in the Master Facilities Use Calendar. 2.3 Outdoor Fields. Use is subject to cancellation or adjustment without notice due to weather or field conditions. The institutional supervisor on site at the event is responsible for event cancellation, suspension and resumption of activity decisions due to weather or field or facility safety concerns. 2.4 Use While Classes Are in Session. Institutional facilities are not available for use during the day at times in which regular classes are in session with the following exceptions: a. Weekends and evenings b. Conference or other athletics governing association athletic events hosted by (institution) which may involve use of facilities during class times 2.5 Scheduling Priorities. Institutional entities have until September 15 to submit written requests for the school year in order to receive priority consideration. Following that time, facility use applications will be considered on a first come/first serve basis. In cases in which there are multiple requests for the same date/time slots, the following priorities shall be used to determine approval of applications: a. Institution academic department b. Institution athletics department c. Institution intramural department d. Institution club activities department 4

5 e. Institution registered student organization f. Institutionally affiliated organizations (i.e., alumni association, PTA, etc.) g Other community educational institution (non profit) h. City, county and other government agency i. Non profit community organization j. Non profit county organization k. Commercial/business entity 2.6 Right to Cancel. The institution reserves the right to cancel facility use permits should the space be needed for school or school related activities for reasons that were unforeseen. Such use revocation will only be due to unavoidable circumstances and the institution will make every effort to offer alternative space. In the event of such cancellation, all moneys received will be refunded. 3.0 Prohibited Activities The following activities are expressly prohibited in the use of any institutional facility or property: a. Any activity that violates institutional policy or local, state or federal law. b. Use or possession of alcoholic beverages and controlled substances. c. Smoking, chewing or any other use of tobacco products within or outside the building d. Fighting, gambling or other disruptive or illegal activities e. Use of flammable substances or materials. f. Open flames (candles, cooking tools, etc.), fireworks or pyrotechnics. g. Attendance at events exceeding approved occupancy limits. h. Use of trampolines, climbing walls, enclosed or air supported structures of any type, climbing ropes, firearms or shooting activity, bow and arrow shooting activity or related equipment or devices. Any group granted the use of institutional facilities and subsequently found in violation of this policy shall be prohibited from future use for a period of not less than two years. 4.0 Use Fees and Facilities Available for Use 4.1 Rental Fees. Official institutional entities are not charged rental fees. See Chart for facility rental rates. A minimum of two hours rental is charged. For programs requiring continuing use, rate adjustments may be possible. 5

6 CHART 4.1.1: Facility Rental Chart: Per Hour Rates (min. 2 hrs.) (not including custodial or special services requirements) Facility Non Profit Org. Commercial Entity Basic Required Personnel Charges Classroom $25 $50 Supervisor $20 Multipurpose Room $35 $70 Supervisor $20 Small Auditorium $60 $100 Supervisor $20 Large Auditorium $75 $150 Supervisor $20 Small Gymnasium $50 $100 Supervisor $20 Large Gymnasium $75 $150 Supervisor $20 Commons/Cafeteria $40 $80 Supervisor $20 Outdoor Field $35 $70 Supervisor $20 Swimming Pool $75 $150 Supervisor $20; Lifeguard $25 Stadium $500 plus* $1,000 plus * Based on nature of event *10% of all ticket revenues 4.2 Supervisor Fees. No facility may be utilized without the presence of a university employee who shall supervise the use of the facility during the rental period. Such supervisor shall be trained in first aid, CPR and AED assistance, shall be fully informed of the location of emergency medical equipment and shall have a communication device available for access to emergency medical assistance. The number of supervisors required for events with over 100 participants shall be determined by the institution based on the nature of the event. Depending on the nature of the event, the institution may require the presence of a certified EMT or athletic trainer. 4.3 Security Officials. The institution reserves the right to require facility renters to obtain uniformed security personnel, dependent on the nature of the event. 4.4 Custodial Fees. Groups are required to leave the facility as they find it. A custodial fee of $75 will be charged for groups in excess of 100 people or for any event in which food or beverages are provided or sold. 4.5 Special Services. Separate charges are applicable for the use of special services or equipment. See Chart for special services rates. CHART 4.5.1: Special Services Chart: Per Hour Rates (min. 2 hrs.) Special Service/ Equipment Non Profit Org. Commercial Entity Required Personnel Charges Overhead Projector $10 $20 Computer Projector $10 $20 IT Tech $25 Computer $50 $100 IT Tech $25 Podium $5 $10 Microphone $10 $20 IT Tech $25 Screen $5 $10 Net/Goal $10 $20 Phone/Utility Installation Actual Cost Actual Cost Actual Cost 6

7 4.6 Event Cancellation. All fees paid shall be fully refunded if the event is cancelled at least 48 hours prior to its scheduled date and time. For events cancelled less than 48 hours prior to scheduled start, a minimum $30 service fee shall be charged and all other funds refunded. For outdoor events cancelled due to weather, all facility use fees shall be refunded except for the actual cost of supervisors who worked to open and prepare the facility. 4.7 Damage to Facilities. All damage to facilities will be promptly repaired at the user s expense. At the discretion of the Facilities Coordinator, a damage deposit may be required based on the nature of the activity for which the facility is to be used or the past history of the user organization s facility use. Such deposits are fully refundable if no damage occurs. 5.0 Application for Use of Facilities 5.1 Written Application Required. A facility use application is required for one time or continuing use of institutional facilities by any internal or external group, including registered student organizations (see attached Form E). A copy of this policy shall be attached to every facility use application form. Written applications are not required for regularly scheduled classes or athletic team practices and regular season competition. Written applications are required for special events or post season athletic events that are not part of the regular season schedule. Incomplete applications will not be considered. Applications should be hand delivered, mailed, e mailed or faxed to: Jane Doe, Facilities Coordinator [Name of Institution] [Name of Department] [Address] [City], [State], [Zip] GDoe@Institution.edu FAX: Application Deadline. Applications shall be rejected if submitted less than two weeks prior to the event. 5.3 Written Confirmation of Scheduling Approval. If approved, a confirmation of use application approval shall be ed to the applicant with a copy of the Use Agreement (which shall contain a detailed explanation of all fees and charges) and all policies applicable to the conduct of the activity. 5.4 Use Agreement. A signed use agreement and prepayment of rental and personnel fees must be received by the facilities coordinator no later than one week prior to the scheduled event. In lieu of submitting such fees, the institution s academic and other departments and student organizations may submit institutional account numbers to be charged. The format and contents of such use agreement shall be approved by the institution s legal counsel. 5.5 Denial of Use. The institution reserves the right to deny facilities use for any reason. Use may be denied if in the judgment of Facility Coordinator or his/her designee if such use conflicts with institutional activities, violates any institutional policy or local, state or federal law, has the potential to damage fields or facilities because of excessive use, presents an unacceptable level of legal liability or is judged to be incompatible with the institutional environment. 5.6 Notification of Cancellation by Renter. Once approved, the applicant is obligated to notify the Facility Coordinator if the intended use is cancelled or modified. Failure to notify the institution of the cancellation of an event results in the loss of the event deposit. 7

8 5.7 Notification of Cancellation by Institution. Once approved, the institution may notify the renter of cancellation of an event for reasons described in 2.6 or due to hazardous weather conditions. In the event of such cancellation, all deposit fees will be fully refunded and the institution will make every effort to reschedule the event. 6.0 General Use Policies 6.1 Permits are Non Transferable. Facility use permits are non transferable. 6.2 Observation of Fire and Safety Regulations. All applicable fire and safety laws and regulations governing use of school facilities must be observed at all times, including the instructions of the institutional supervisor assigned to the event. 6.3 Damages and Losses. The approved renter shall be held responsible for all damages and losses to the building, equipment and/or property and must indemnify and hold harmless the institution, its board and its employees from any claim resulting from or arising out of the use of the institutional facilities for which the application was approved. 6.4 Insurance. Non school groups are required to provide certificates of insurance of the following types and in the following amounts and must agree to name the District as an unrestricted additional insured on the user's policy: a. be an insurance policy from an A.M. Best rated "secured" [name of state] insurer, permitted to do business in [name of state] State; b. contain a 30 day notice of cancellation; c. state that the organization's coverage shall be primary coverage for the District, its Board, employees and volunteers; d. additional insured status shall be provided with ISO endorsement CG or its equivalent. e. the user agrees to indemnify the District for any applicable deductibles. f. required: Commercial General Liability Insurance $1,000,000 per occurrence/ $2,000,000 aggregate. 6.5 Restricted to Location. Each facility permit is for a specific location. It is the responsibility of the renter to ensure that all participants restrict activities to that area except for the use of hallways or walking paths to and from entrances, exits and rest rooms. 6.6 Start Time and Exit Time. Facility use times shall be specified in the facility use application and shall include set up and take down times. Users are expected to enter and vacate the premises by the times specified. Additional rental fees may be charged for early arrival or late exit. 6.7 Event Signage. Specific permission must be received for the posting of event signs on school property or within the facility. All signs must be removed immediately following the event. 6.8 Sale/Serving of Food. The renter must demonstrate that all concessionaires are licensed and insured, all persons handling food meet county and state health requirements and all personnel abide by specific policies governing the use of kitchens or other concession areas, copies of which shall be given to the user as part of the use agreement. 6.9 Posted Rules. Participants and spectators must adhere to all rules posted in the facility Conduct. Profanity, objectionable language, disorderly acts or illegal activities of any kind are absolutely prohibited, and those violating this prohibition will be ejected from the premises. 8

9 6.11 Parking/Vehicles. No unauthorized vehicles are allowed on school property. Parking passes must be obtained for loading and unloading. Only designated parking areas may be used during events Facility Alterations. No field or building alterations (lining of fields or gymnasiums, erecting permanent goal posts or structures, etc.) are permitted without prior approval Emergency Procedures Announcement Required. Prior to the start of the event, an announcement must be made to all participants by the group s designated supervisor regarding emergency evacuation procedures, pointing out posted procedures, directions for exiting, how to respond to a fire alarm, and in the case of emergencies Accidents or Injuries. Accidents or injuries must be immediately reported to the institutional Supervisor assigned to the event. If an accident occurs exiting the facility following the conclusion of the event and the Supervisor cannot be found for such a report, the Facilities Coordinator must be called the next morning. 7.0 Financial Policies. 7.1 Collection and Deposit. The Facilities Coordinator shall be responsible for the collection and deposit of all rental and personnel fees prior to the conduct of an event. All payments shall be made by check or money order made out to [name of institution] and deposited in [name of account]. 7.2 Billing for Additional Fees and Services. Within five business days following the event, the Facilities Coordinator shall be responsible for billing the organization for any additional fees or services related to the event or the return of all or part of a damage deposit, if applicable. The Facilities Coordinator is responsible for maintaining a final financial accounting for the event. 7.3 Penalty for Lack of Payment. The failure of any user to pay its outstanding balance within 30 days following the completion of the event may result in denial to use institutional facilities for a period of two years. 7.4 Personnel Payment. The Facilities Coordinator shall be responsible for issuing and collecting time sheets and initiating the payment of all institutional personnel assigned to the event. 9

10 E. SAMPLE: APPLICATION FOR USE OF FACILITIES The following application for facility use is a sample. Do not use verbatim. Follow instructions to insert information applicable to your institution and then submit to your legal counsel for review to be sure all elements conform to institutional policy and applicable local, state and federal laws. [Name of Institution] APPLICATION FOR USE OF FACILITIES NOTE: Read attached policies and procedures prior to completing the application. This application must be submitted no later than two weeks prior to the event to: Jane Doe, Facilities Coordinator [Name of Institution] GDoe@Institution.edu [Name of Department] Phone: [Address] FAX: [City], [State], [Zip] Today's Date: Facility Requested: Event Date(s)/Time(s) (includes set up and take down): Date: Start Time: Date: Start Time: Date: Start Time: Date: Start Time: End Time: End Time: End Time: End Time: INFORMATION ABOUT REQUESTING GROUP Name of Organization (or Individual): Check One: Institutionally affiliated: Academic department Athletics Intramurals Registered club Other department Registered student organization Other affiliated organizations (i.e., alumni association, PTA, etc.) External group: Community educational institution (non profit) City, county, other govt. agency Non profit community organization Non profit county organization Commercial/business entity Official Group Representative Title Mailing Address City State Zip Day Phone Evening Phone 10

11 INFORMATION ABOUT INTENDED USE OF FACILITIES Title of Event: Purpose of Use/Description of Event: Total Participants Expected: Adults: Youth: Youth Age Range: to yrs. What percent of the total participants are students/faculty/staff at our institution? % Is equipment required? Yes No If yes, check all that apply: Overhead Projector Computer Projector Computer Phone/Utility Installation Podium Microphone Screen Scoreboard Net/Goal/Sports Equipment Describe: Is an admission fee charged? Yes No Is this a fundraising event? Yes No If yes, what will proceeds be used for? If refreshments are served, give details: Will anything other than refreshments as detailed above be sold at this event? Provide details: If this is an official school event or organization? Yes No If yes, complete the following: Signature of Dept. Chair/Advisor Title Print Name Campus Phone Acct. Number to be charged for fees and expenses: Acct. Title: On Site Supervisor of Event from Your Group: Cell Phone number he or she will have with him/her during the event: Daytime Phone: Evening Phone: AUTHORIZED REPRESENTATIVE The undersigned is over 21 years of age, is authorized to represent the above listed group with regard to this request for use of facilities, and has read and agrees to comply with the attached policies and procedures governing application for use and use of the facilities requested. Signature of Official Group Representative 11

12 F. SAMPLE: NOTIFICATION OF FACILITY USE APPLICATION DECISION The following notification memo is a sample. Do not use verbatim. Follow instructions to insert information applicable to your institution and then submit to your legal counsel for review to be sure all elements conform to institutional policy and applicable local, state and federal laws. DATE: TO: [date] [Organization Representative] Via [enter e mail address] Or Via snail mail [enter mailing address] FROM: RE: Jane Doe, Facilities Coordinator, [Name of Institution] NOTIFICATION OF FACILITY USE APPLICATION DECISION Please be advised that your application for use of facilities has been reviewed regarding the following event: Event Title: Date: DECISION: NOT APPROVED Reason: APPROVED pending execution of the attached agreement and receipt of the payment indicated therein. See attached use agreement for detailed explanation of the projected cost of the event. Submit documents and check (or Institution account #) made out to [indicate name of institution] to: Jane Doe, Facilities Coordinator [Name of Institution] [Name of Department] [Address] [City], [State], [Zip] GDoe@Institution.edu Phone: FAX: If the signed agreement and check for payment are not received by one week prior to the event, the facility reservation will be cancelled. Please feel free to call me if you have questions. 12

13 G. SAMPLE: AGREEMENT REGARDING USE OF FACILITIES The following facility use agreement is a sample. Do not use verbatim. Follow instructions to insert information applicable to your institution and then submit to your legal counsel for review to be sure all elements conform to institutional policy and applicable local, state and federal laws. AGREEMENT BETWEEN [Name of Institution] AND [Name of User Group] [Name of User Group] (hereinafter referred to as USER ) and [Name of Institution] (hereafter referred to as INSTITUTION ), agree to the terms and conditions contained in this agreement regarding the use of [name of facility], hereafter referred to as FACILITY ) located at [name of institution], [address of institution] by the USER. 1. Event/Date. The FACILITY shall be used for [Name of Event], [Description of Event] (hereafter referred to as EVENT ) conducted by USER on the following dates and between the following times: Date of Event Starting at: Ending at: Examples: Saturday,, April 11, :00 a.m. 4:00 p.m. Sunday, April 12, :00 a.m. 1:00 p.m. The above listed times include time necessary for set up and take down. The purpose of the EVENT is [describe purpose: i.e. conduct a clinic for volleyball coaches and officials]. Approximately [indicate # of participants including USER staff] people are projected to attend, approximately [indicate #] of whom will be adults over the age of 18 and [indicate #] will be children under the age of 18. USER acknowledges its obligation to have one adult present for every 10 children participating in the EVENT. 2. Fees and Other Financial Obligations. USER acknowledges that the total amount of the rental fees and other charges association with the use of the FACILITY is [indicate amount], payable no later than one week prior to the EVENT via a check made out to INSTITUTION or provision of an INSTITUTION account number. This signed agreement must accompany payment and shall be delivered to the INSTITUTION s Facility Coordinator: Jane Doe, Facilities Coordinator [Name of Institution] [Name of Department] [Address] [City], [State], [Zip] GDoe@Institution.edu Phone: FAX: A detailed explanation of the payment amount is as follows: 2.1 Rental Fee. The USER agrees to pay a use fee of [indicate fee, i.e., Fifty Dollars ($50.00)] per hour for a total of [indicate total, i.e., Five Hundred and Fifty Dollars ($550.00)] for [indicate total number of hours, i.e., eleven] hours of use of the FACILITY. 13

14 2.2 Supervisor Fees. The INSTITUTION shall provide one Supervisor who shall be present throughout the event. The USER shall pay for such Supervisor at the rate of [indicate fee, i.e., Twenty Dollars ($20.00)] per hour for a total of [indicate total, i.e., Two Hundred and Twenty Dollars ($220.00)] for [indicate total number of hours, i.e., eleven] hours per Supervisor. INSTITUTION requires [indicate #] Supervisor(s) for this EVENT. 2.3 Security, Lifeguard or Other Personnel Fees. The INSTITUTION requires and shall provide the following additional personnel deemed necessary to adequate supervision and safe conduct of the EVENT: Title of Personnel # of Hours Cost Per Hour Total Cost Indicate None if no additional personnel required 2.4 Damage Deposit. The USER shall pay a damage deposit of [No Dollars ($0.00)], fully refundable within five working days following the EVENT, provided that the FACILITY used has been left in good condition. 2.5 Set Up and Equipment. The INSTITUTION shall provide a set up of [describe equipment to be used, i.e., three volleyball courts, including nets and officiating stands] for which the USER shall pay an equipment charge of [Indicate amount, i.e., Five Dollars ($5.00) per hour for a total of Fifty Five Dollars ($55.00)] for the EVENT. 2.6 Billing for Additional Fees and Services. Within five business days following the event, the INSTITUTION shall be responsible for billing the USER for custodial costs for clean up if the USER failed to leave the facility in the state in which it was received, additional rental fees if the USER exceeded the start or finish time of the EVENT, the cost of any damage to the facility, costs for replacement of any lost or damaged equipment and any additional fees or services related to the EVENT requested on site by the USER and provided by the INSTITUTION. The failure of USER to pay its outstanding balance within 30 days following receipt of the payment invoice may result in denial to subsequently make application for use of any INSTITUTION facilities for a period of up to two years. 2.7 Event Modification or Cancellation. The USER is obligated to notify INSTITUTION if the intended use of FACILITY is cancelled or modified. INSTITUTION has the right to reconsider its permit to use the FACILITY if the EVENT no longer meets the INSTITUTION s approval criteria. All fees paid shall be fully refunded if the modified EVENT is not approved or the EVENT is cancelled by the USER at least 48 hours prior to its scheduled date and time. For EVENTS cancelled less than 48 hours prior to scheduled start, a minimum $30 service fee shall be charged and all other funds refunded. Failure to notify the institution of the cancellation of an EVENT results in the loss of the full EVENT payment. For outdoor events cancelled due to weather, all facility use fees shall be refunded except for the actual cost of supervisors who worked to open and prepare the facility. 3. Open and Exit Arrangements. The USER s representative shall meet the Supervisor at [indicate location] at the start time designated in Section 1 on each day of the EVENT to gain access to the FACILITY. The Supervisor and the USER s representative shall exchange cell phone numbers to ensure that they can communicate at all times during the event. At the end of the EVENT each day, the Supervisor and the USER s representative shall walk through the FACILITY to ensure that all participants have left and USER equipment has been removed prior to Supervisor securing the FACILITY. 4. EVENT Announcement Required. Prior to the start of the EVENT, the USER s representative shall make the following announcements: 14

15 4.1 Introduction of Supervisor. Supervisor shall be introduced and all participants shall be instructed to follow the directions of the Supervisor if offered and to contact the Supervisor in the case of an emergency. 4.2 Emergency Procedures. Emergency evacuation procedures, pointing out posted procedures, directions for exiting, how to respond to a fire alarm, safety regulations and actions in the case of emergencies shall be reviewed. Such procedures for the FACILITY are attached as Appendix A of this agreement and include the location of a public telephone, an emergency telephone number for police and an emergency telephone number for the fire department Location Restrictions. The access route to and from activity areas, entrances, exits and rest rooms shall be reviewed and all participants reminded that they are restricted to these locations and may not roam in other building areas. 4.4 Prohibited Activities. Review the following activities that are expressly prohibited: Any activity that violates institutional policy or local, state or federal law. Use or possession of alcoholic beverages and controlled substances. Smoking, chewing or any other use of tobacco products within or outside the building. Fighting, gambling or other disorderly activities. Use of profanity or objectionable language. Anyone engaged in such activities will be immediately ejected from the premises. 5. General Policies. USER acknowledges the application of the following additional policies with regard to EVENT: 5.1 Right to Cancel. INSTITUTION reserves the right to cancel facility use permits should the space be needed for school or school related activities for reasons that were unforeseen. Such use revocation will only be due to unavoidable circumstances and the institution will make every effort to offer alternative space. In the event of such cancellation, all moneys received will be refunded. 5.2 Cancellation Due to Weather. Use is subject to cancellation or adjustment without notice due to unforeseen weather, field or facility conditions. The INSTITUTION Supervisor on site at the EVENT is responsible for event cancellation, suspension and resumption decisions due to weather, field or facility conditions. All fees for the EVENT day except for personnel fees for the actual hours working prior to such cancellation, are fully refundable in the event of complete cancellation and shall be pro rated for partially completed EVENTS. 5.3 Damage to Facilities. USER shall notify INSTITUTION of all damage to FACILITY whether caused by negligence, recklessness or the willfulness of the USER, or the servants, agents or invitees of the USER. Such damage shall be promptly repaired by INSTITUTION at the USER s expense. The INSTITUTION shall repair any damage resulting from the EVENT and not reported to INSTITUTION and shall notify the USER of such damage and repair and shall bill USER for such expense within five working days after the completion of the EVENT. 5.4 Permits are Non Transferable. Facility use permits are non transferable Event Signage. Specific permission must be received from the INSTITUTION s Facilities Coordinator for the posting of event signs on INSTITUTION property or within the facility. All signs must be removed immediately following the event. 15

16 5.6 Sale/Serving of Food. The renter must demonstrate that all concessionaires are licensed and insured and that all persons handling food meet county and state health requirements by copies of such licenses and certifications being affixed to this agreement. All USER personnel shall abide by specific policies governing the use of kitchens or other concession areas, copies of which appear in Appendix B of this agreement. 5.7 Parking/Vehicles. No unauthorized vehicles are allowed on school property. Parking passes must be obtained from the INSTITUTION s Facilities Coordinator for loading and unloading. Only designated parking areas may be used during events. 5.8 Facility Alterations. No field or building alterations (lining of fields or gymnasiums, erecting permanent goal posts or structures, etc.) are permitted without prior approval. 5.9 Accidents or Injuries. Accidents or injuries must be immediately reported to the institutional supervisor assigned to the event. If an accident occurs exiting the facility following the completion of the EVENTS and the supervisor cannot be found for such a report, the INSTITUTION s Facilities Coordinator (as indicated in Section 2 above) must be called the next morning Care of FACILITY and Equipment. The USER agrees that any furniture and equipment moved during use of the FACILITY shall be returned to its original position and that the FACILITY is left in a clean and orderly condition. 6.0 Representations and Indemnification. 6.1 Non Discrimination. USER represents that it does not discriminate on the basis of age, color, gender, national origin, physical impairment, political affiliation, race, religion, or sexual orientation in membership or participation in activities conducted in FACILITY. 6.2 Damages and Losses. The USER shall be held responsible for all damages and losses to the building, equipment and/or property and must indemnify and holds harmless the INSTITUTION, its board and its employees from any claim resulting from or arising out of the use of the FACILITY for which the application was approved. 6.3 Insurance. The USER shall provide and affix to this agreement certificates of insurance of the following types and in the following amounts and agrees to name the INSTITUTION as an unrestricted additional insured on the USER s policy: a. an insurance policy from an A.M. Best rated "secured" [name of state] insurer, permitted to do business in [name of state] State; b. contain a 30 day notice of cancellation; c. state that the organization's coverage shall be primary coverage for the INSTITUTION, its Board, employees and volunteers; d. additional insured status shall be provided with ISO endorsement CG or its equivalent. e. the USER agrees to indemnify the INSTITUTION for any applicable deductibles. f. required minimum: Commercial General Liability Insurance $1,000,000 per occurrence/ $2,000,000 aggregate. Higher liability limits may be in order, or an excess policy needed, for large scale events, such as tournaments or carnivals. 16

17 6.4 Hazardous Materials. The USER agrees that no hazardous materials, including but not limited to, flammable materials or liquids, fireworks, pyrotechnic devices, explosives, poisonous materials or plants, strong acids or caustics, or dangerous animals will be brought onto the FACILITY or used in any way while occupying any portion of any INSTITUTION owned property. 6.5 Prohibited Attractions. The USER agrees that no amusement rides or attractions, including but not limited to, trampolines of any type, enclosed or air supported structures of any type, climbing walls, climbing ropes, firearms or shooting activity, bow and arrow shooting activity or equipment or devices related thereto will be brought onto the FACILITY or used in any way while occupying INSTITUTION property. 6.6 Accident Notification Obligation. The USER must give written notice to the Institution of any accident resulting in bodily injury or damage to FACILITY or other property of the INSTITUTION or others occurring on INSTITUTION property or in any way connected with the use of INSTITUTION property within 24 hours of the accident. The notice must include details of the time, place and circumstances of the names and addresses of any person(s) witnessing the accident. 6.7 Indemnification. The User(s) undertakes and agrees to indemnify and hold harmless the INSTITUTION, the INSTITUTION s board, and all other INSTITUTION employees, volunteers or representatives, and all persons and bodies corporate acting for or on behalf of them, against all liability, claims, demands, actions, suits, damages, proceedings, costs and expenses (including reasonable attorney fees) whatsoever (including injury to persons and damage to property) for which they may be or become liable directly or indirectly arising out of the use of INSTITUTION premises by the USER (or the servants, agents or invitees of the USER) and for such further sums in excess of those contained in any insurance policy procured by USER relating to the use of the INSTITUTION property or for such amounts as may not be payable under any such insurance policy to the extent permitted by law. ACCEPTED ON BEHALF OF USER: ACCEPTED ON BEHALF OF INSTITUTION: ORGANIZATION NAME INSTITUTION NAME BY: BY: SIGNATURE SIGNATURE PRINT NAME PRINT NAME TITLE TITLE DATE DATE USER CONTACT PERSON: INSTITUTION CONTACT PERSON: NAME Jane Doe, Facilities Coordinator [Name of Institution] DAYTIME TELEPHONE: [Name of Department] [Address] E MAIL ADDRESS: [City], [State], [Zip] GDoe@Institution.edu MAILING ADDRESS: FAX: DAYTIME PHONE: City St Zip 17