FACILITY USE AGREEMENT BETWEEN [NAME OF GROUP] AND PURDUE UNIVERSITY CONTRACT # This Facility Use Agreement is made between hereinafter referred to as User Group, and Purdue University for and on behalf of the Division of Recreational Sports, West Lafayette, Indiana 47907, hereinafter referred to as Purdue. WITNESSETH In consideration of our mutual promises and understandings as hereinafter set forth, it is mutually understood and agreed as follows: 1. FACILITY and/or EQUIPMENT USE Purdue agrees to provide facility and/or equipment usage to User Group as described in Attachment A ( Facilities and Equipment ) for the purpose of the (event) Purdue may terminate the User Group s rights under this Agreement and/or immediately remove (or have removed) all or any individuals from the Facilities and Equipment if the Facilities and Equipment are used for any purpose other than the purpose stated in this Section of the Agreement. User Groups shall have use of the Facilities and Equipment from (hours) (the Term ) unless terminated sooner as provided herein. 2. TERMINATION Purdue may, at its option and without limitation of other rights, terminate this Agreement due to indoor facility conditions. Purdue has the right, but not the obligation, to monitor the User Group s use of the Facilities and Equipment. If Purdue determines, within its sole and absolute discretion, that continued use of the Facilities and Equipment poses a risk to the safety of any person, Purdue may terminate the User Group s rights under this Agreement and/or immediately remove (or have removed) all or any individual(s) from the Facilities and Equipment. Purdue may also terminate this Agreement for any other reason outlined herein. 3. STAFFING Purdue intends to provide User Group with the staff listed on Attachment B for the Term of this Agreement. Purdue reserves the right to alter staffing for any reason and at any time without prior notice to Use Group. The number of staff provided by Purdue will be determined by Purdue, in its sole and absolute discretion, and will be based on the type of activity planned, the User Group, the size of the group using the Facilities and Equipment under this Agreement, space needs, and staff availability. User Group will be responsible for providing an on-site coordinator, who must be on-site at all times during the Term of this Agreement, and additional staff as determined by Purdue. For any questions related to staffing, User Group must contact at. 4. PARKING Parking is extremely limited for persons not affiliated with Purdue. Purdue cannot and does not guarantee the use of any parking facilities under this Agreement. Any parking requests must be arranged through Parking Services at (765) 494-9494. Page 1 of 8
5. UTILITIES Purdue agrees to provide water, heating, lighting, air conditioning (where available), and restrooms. 6. RENTAL FEES 7. DEPOSIT User Group agrees to pay Purdue as Rental Fees the total amount shown below: Category Cost Dive Pool Rental Fees: $0.00 25yd. x 25yd. 8 lane Fees: $0.00 25yd. lane Fees: $0.00 Diving Equipment Fees: $0.00 Timing Equipment Fees: $0.00 Staff Fees: $0.00 Estimated Total Fees: $ 0.00 The terms of this Agreement are conditioned upon the receipt by Purdue of a deposit in the amount of (the Deposit ) from User Group on or before ( Deposit Deadline ). If Purdue does not receive the Deposit on or before the Deposit Deadline, this Agreement shall be null and void. The Deposit will be applied to the Rental Fees, provided there is no damage to the Facilities and Equipment during the User Group s use of the Facilities and Equipment under this Agreement as determined by Purdue, in its sole and absolute discretion. 8. INVOICE AND PAYMENT Purdue will issue an invoice to User Group based on the Rental Fees set forth in Section 6 above. User Group agrees to pay the invoice within 30 days of invoice date. 9. CANCELLATION If for any reason, User Group cancels this Agreement prior to the Term, no deposit refund will be issued, and User Group agrees to pay for any reimbursable expenses incurred by Purdue in conjunction with the facility reservation. 10. DAMAGE TO FACILITIES AND EQUIPMENT If User Group or any of User Group s staff, volunteers, participants, invitees, licensees, and/or any individual(s) on or near the Facilities and Equipment as a result of User Group s use of the Facilities and Equipment under this Agreement causes damage to Purdue Facilities and Equipment, other than ordinary wear and tear, User Group shall pay any costs associated with repairing the damage and restoring the Facilities and Equipment to their condition prior to User Group s use thereof. User Group s Deposit shall be applied to any costs under this Section and User Group will be responsible for any additional costs in excess of the Deposit. 11. POLICIES The Facilities and Equipment operate under Purdue University policies, including but not limited to the following: Page 2 of 8
12. ATTIRE 13. FOOD a. Use, possession, distribution, or sale of controlled substances as defined in Indiana Criminal Code is prohibited. b. Possession, use, or distribution of any explosives, guns, or other deadly or dangerous materials or weapons reasonably calculated to cause bodily injury is prohibited. c. Possession, consumption, distribution, or sale of alcoholic beverages, as defined by Indiana State law, is prohibited. d. Smoking in enclosed Purdue facilities is prohibited. Smoking within thirty (30) feet of the entrance of a building is prohibited. e. Commercial sponsorship and solicitation are prohibited, except with prior approval by Purdue. f. Any use of postings, floor or field marking is prohibited, except with prior approval by Purdue. If any of the Purdue University policies is violated, Purdue shall have the right to immediately terminate this Agreement and retain the Deposit. Purdue shall also be entitled to the Rental Fees outlined in Section 6 above if Purdue, through ordinary and reasonable efforts, is unable to find a substitute renter to take the place of User Group on the same or substantially similar terms as outlined in this Agreement. Appropriate attire is required at all times. Shirts are required in all activity spaces, except aquatic facilities; provided however, that all individuals in the aquatic facilities must wear either proper swimming attire or shirts. Food and drink are restricted to designated areas. Any request for event concessions must meet the approved guidelines established by Purdue University and must be approved by Purdue prior to the Term of this Agreement. For any questions related to concessions, User Group must contact at. 14. INDEMNIFICATION 15. SAFETY User Group shall indemnify, defend and hold harmless Purdue, its affiliates, officers, agents, employees, volunteers and insurers from and against all costs (including, but not limited to, reasonable attorneys' fees and litigation costs), claims, disputes, litigation and judgments, whether alleging bodily injury, property damage, economic loss, or any other harm, which arise from or in connection with (i) use of the Facilities and Equipment under this Agreement; (ii) actions of User Group, its officers, agents, employees, volunteers, participants, licensees, invitees, and/or individuals on or near the Facilities and Equipment as a result of User Group s use of the Facilities and Equipment under this Agreement; (iii) injuries to the persons or property of User Group, its officers, agents, staff, volunteers, participants, licensees and invitees, and individuals on or near the Facilities and Equipment as a result of User Group s use of the Facilities and Equipment under this Agreement; or (iv) breach by User Group of this Agreement or any other contract or agreement. All User Group officers, agents, staff, volunteers, participants, licensees, invitees, and individuals on or near the Facilities and Equipment as a result of User Group s use of the Facilities and Equipment under this Agreement are the responsibility of User Group. Page 3 of 8
User Group assumes responsibility for the safety of all User Group officers, agents, staff, volunteers, participants, licensees, invitees, and individuals on or near the Facilities and Equipment as a result of User Group s use of the Facilities and Equipment under this Agreement. User Group is responsible for assessing the safety needs associated with its use of the Facilities and Equipment under this Agreement and for insuring that proper measures have been taken to address any safety needs or concerns. Purdue does not and will not provide any security for the Facilities and Equipment or the individuals therein. User Group is responsible for providing any security needed for its use of the Facilities and Equipment. Further, Purdue does not perform background checks on the staff that it provides under this Agreement or on any other individuals at or near the Facilities and Equipment as a result of User Group s use of the Facilities and Equipment under this Agreement. User Group and its subcontractor(s), if any, shall perform security clearance background checks on all User Group s and subcontractor(s) s officers, agents, employees and volunteers assigned to have access to the Facilities to identify whether any such individual is a registered sex offender pursuant to Zachary s Law, Ind. Code 11-8-8 et. seq. or the equivalent law of the individual s state of residence. User Group shall not assign any individuals identified as registered sex offenders to perform work or services at the Facilities. Purdue reserves the right to immediately remove any individuals identified as registered sex offenders from the Facilities. Purdue reserves the right to require additional background checks be made on any of User Group s and its subcontractor(s) s officers, agents, employees or volunteers assigned to have access to the Purdue s premises. User Group shall be solely responsible for any costs associated with background checks. Purdue reserves the right to perform a security clearance background check on any individual signatory to this Agreement to identify whether any such individual is a registered sex offender pursuant to Zachary s Law, Ind. Code 11-8-8 et seq. or the equivalent law of the individual s state of residency. 16. INSURANCE User Group shall at all times maintain in force (i) worker's compensation insurance with limits complying with Indiana law, (ii) comprehensive general liability insurance (including product and completed operations coverage) with policy limits of at least $1,000,000 combined single limit per occurrence for bodily injury and property damage, and (iii) automobile liability insurance with policy limits of at least $1,000,000 combined single limit per occurrence for bodily injury and property damage. Upon request, User Group will provide to Purdue duly executed certificates of insurance evidencing these coverages, together with satisfactory evidence of the payment of the premium thereon. Each certificate shall specify that the policy cannot be cancelled without providing Purdue at least 30 days prior written notice, that Purdue is named as an additional insured, and that the insurer waives any subrogation rights against Purdue. 17. WARRANTY DISCLAIMER; LIMITATION OF DAMAGES a. Equipment and Facilities. User Group has had the opportunity to inspect the Equipment and Facilities and User Group acknowledges and agrees that the Facilities and Equipment are provided for User Group s use "as is, where is" without warranty of any type or kind, express or implied, including any warranty that either is merchantable or fit for User Group's intended use or for any other particular purpose. User Group assumes the entire risk that any Facilities and Equipment do not satisfy User Group s needs or expectations in any respect, regardless of whether any defect or deficiency is caused in whole or in part by Purdue's negligence or other fault. b. Limitation of Damages. Purdue shall have no liability to User Group or any other person or entity under any circumstance for any incidental, special, consequential, punitive or exemplary damages, or for loss of profits, revenues, or other economic loss, regardless of Page 4 of 8
18. ADVERTISING 19. NOTICES whether or not Purdue knew or had reason to know of the possibility of such damages in advance. Without limiting the generality of the foregoing, Purdue shall have no liability under any circumstance for breach of this Agreement in any amount which exceeds the total of all Rental Fees pursuant to Section 6 of this Agreement which Purdue has received from User Group hereunder. User Group agrees not to make reference to Purdue in any external advertisements without prior written approval from Purdue. Furthermore, User Group agrees not to use Purdue s logos and licensed trademarks without the expressed written permission of Purdue. Any notice or other correspondence required or permitted to be given pursuant to this Agreement will be in writing and will be deemed to have been given if: (a) served personally, (b) sent by facsimile with confirmation of receipt, or (c) sent by first class mail, postage prepaid, to the addresses set forth below or to such other addresses as either party hereto may designate by notice to the other party. User Group: Group Address Purdue: Purdue University Division of Recreational Sports 1226 Third Street West Lafayette, IN 47907 Attn: [insert contact] Attn: Phone: [insert phone number] Phone: Fax: [insert fax nubmer if known] Fax: 20. GOVERNING LAW; EXCLUSIVE JURISDICTION; EXCLUSIVE VENUE This Agreement is entered into in Indiana and shall be governed by and construed in accordance with the substantive law (and not the law of conflicts) of the State of Indiana. Courts of competent authority located in Tippecanoe County, Indiana, shall have sole and exclusive jurisdiction of any action arising out of or in connection with this Agreement, and such courts shall be the sole and exclusive venue for any such action. 21. COMPLIANCE WITH GOVERNMENT STATUTES AND REGULATIONS User Group warrants and certifies that in the performance of this Agreement it has complied with or will comply with all applicable statutes, rules, regulations and orders of the United States, and any state or political subdivision thereof, including laws and regulations pertaining to labor, wages, hours and other conditions of employment, and applicable price ceilings, if any, and that the goods or services delivered hereunder shall be produced or performed in compliance with the Fair Labor Standards Act. 22. GENERAL In the event any party hereto pursues litigation to enforce this Agreement, the prevailing party is entitled to recover reasonable attorneys' fees and court costs. If any provision of this Agreement is declared to be invalid by a court of competent jurisdiction, such provision shall be severed from this Agreement and the other provisions hereof shall remain in full force and effect. This Page 5 of 8
Agreement contains the entire understanding of the parties with respect to the matters contained herein. There are no promises, covenants or undertakings other than those expressly set forth herein. Amendments, modifications or changes of or to this Agreement must be made in writing and signed by a duly authorized representative of both parties. User Group may not assign any rights under this Agreement, without the prior written approval of Purdue. Subject to the foregoing sentence, this Agreement shall be binding upon Purdue and User Group, their successors and assigns. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement. User Group: [insert name of Group] By: Name: Title: Date: Purdue: Purdue University By: Name: Title: Date: Page 6 of 8
ATTACHMENT A DESCRIPTION OF FACILITY and/or EQUIPMENT USAGE FACILITIES: INSERT THE NAME AND LOCATION OF THE FACILITIES TO BE USED DATE AND TIME: December 30, 2011 7:30 a.m. to 3:30 p.m. EQUIPMENT: 8 lane 25yd x 25yd pool 25 yd. lane [warm-up/down] pool 6 lane dive pool Timing System and Equipment Diving Scoring System and Equipment Refuse Container Awards stand Tables and chairs Dual scoring panels; 2 lap tops; 2 DAK Omni Sport timers 10 judging pads Page 7 of 8
ATTACHMENT B STAFF PROVIDED BY PURDUE STAFF Timing System Operator LG and Facility Manager Custodial Diving Scoring System Operator 615092v.2 Page 8 of 8