COMBAT AIR MUSEUM
FACILITIES USE AGREEMENT

This Facilities Use Agreement (“Agreement”) between the COMBAT AIR MUSEUM (“MUSEUM”) and ______(“RENTER”) is effective on the _____ day of ______201___ (“Effective Date”) and sets forth the terms and conditions under which MUSEUM will provide to RENTER access to specified MUSEUM facilities for the specified event ______(“EVENT”)

Hangar #602 Conference Room:____, Hangar #602 Bay:____, Kitchen:____,

(indicate with a check mark):

at MUSEUM (collectively referred to as “Facilities”) on the following date (“Event Date(s)”):

Month:______Day(s):______, Year:______
during the following hours (“Event Hours”):

Start Time:______, End Time:______

(Note: Facilities are closed & must be vacated by 11:00 pm)

RENTER will dispense alcoholic beverages at the Event: Yes:______No:______

FACILITIES USE RULES:

  1. FACILITIES AVAILABILITY:
  2. Hangar #602 Bay is normally not available for any events during normal MUSEUM business hours.
  3. Facilities will be available for pre-event decorating two hours before Event. During a portion of these two hours, MUSEUM may still be open as part of regular MUSEUM scheduled operating hours and RENTER will make every effort to avoid conflict with MUSEUM’s visitors. No decorations, signage, posters, banners or similar items of any kind shall be attached to the MUSEUM aircraft or exhibits in or outside the MUSEUM. There shall be no smoking in the Facilities.
  4. ALCOHOLIC BEVERAGES:
    If the answer is “Yes” Renter will execute the Alcoholic Beverages Addendum (“Addendum”) attached hereto and made a part of this Agreement. No cereal malt beverage, liquor, wine, spirits or any form of beverage with an alcoholic content shall be served or consumed in the MUSEUM Facilities except when dispensed to persons of legal age, after providing the MUSEUM with proof of compliance with the Alcoholic Beverage Addendum. Under no circumstance will RENTER permit or allow individuals to bring any such beverages on MUSEUM property. In the event of any violation of this rule, the MUSEUM will call the MTAA Police & Fire Services at 785-862-1130 for enforcement.
  5. FEES & DEPOSITS:
  6. RENTER will pay for its use of the Facilities based upon the rates and other applicable charges and deposits specified in Exhibit A: Venue Event Fees (“Fees”).
  7. The Security Deposit will be applied towards any costs or damages incurred by the MUSEUM as a result of the RENTER’s use of the Facilities. Should the damages exceed the amount of the Security Deposit, RENTER will be responsible to pay all damages suffered by the MUSEUM as a result of the RENTER’s misuse of the Facilities.
  8. The Security Deposit will be returned to RENTER within ten (10) business days after the Event, less any damages incurred to or in the Museum as a result of the Event.
  9. The rates expressed in Fees are subject to change upon thirty (30) days’ prior written notice to RENTER. RENTER shall pay the Fees due to MUSEUM within one (1) week prior to the Event. When making payment, RENTER will either: (a). settle by credit card at MUSEUM premises during MUSEUM scheduled operating hours or (b). remit by check payable to the “Combat Air Museum”. RENTER shall make reference on the check to this Agreement and the applicable EVENT being paid and mail to:

Combat Air Museum

Attn: Office Manager

7016 SE Forbes Avenue,

Topeka, KS 66619-1444

  1. RENTER’s USE OF FACILITIES:
  2. There shall be at least one (1) representative from the MUSEUM present at all times during any use of the Facilities. The MUSEUM’s representative shall have sole and absolute control over the use of the Facility and RENTER shall follow any and all directions and instruction given by the MUSEUM’s representative. RENTER shall designate a person as the sole and exclusive Contact Person for the RENTER and said Contact Person is the only person who shall deal with the MUSEUM’s representative regarding the use of the Facility on the Event Date.
  3. There shall be no climbing on or in the MUSEUM aircraft, vehicles or other exhibits. This includes the turning of propellers, opening doors or panels on aircraft or vehicles and the movement of control surfaces on aircraft. No one shall be permitted within the “roped” areas around an aircraft or exhibit.
  4. Running, unruly or inappropriate conduct is prohibited in the Facilities.
  5. Because of safety considerations, it must be strictly understood that all children, regardless of age, shall be under the continuous direct supervision of an adult. Children are not permitted to move around the MUSEUM freely or in an unsupervised manner.
  6. Only those family members or contracted employees of RENTER approved by MUSEUM shall be authorized to use the Facilities for RENTER purposes. MUSEUM, in its sole discretion, may limit the number of approved RENTER family/contracted employees who have access to the Facility. RENTER shall be responsible for the supervision and control of its family and/or contracted employees and their activities on all MUSEUM premises.
  7. No open flames are permitted in MUSEUM Facilities except for the heating of food under the direct control and supervision of an authorized food service person,or birthday candles on a birthday cake, under the supervision of an adult.
  8. All vehicles shall be parked in the designated parking lots of the MUSEUM.
  9. Because the MUSEUM is located within the Security Area of an operating Airport, RENTER shall comply with all of the Rules and Regulations of the Metropolitan Topeka Airport Authority and shall ensure that all attendees remain within the Facilities authorized for the Event and, under no circumstances, shall anyone be permitted within the operational areas of the flight line and runways of the Airport. Again, smoking is not permitted inside or outside of the MUSEUM Hangar.
  10. RENTER shall not permit any attendees to bring onto MUSEUM Facilities any toxic and/or hazardous substances.
  11. VACATING THE PREMISES:
  12. RENTER shall vacate the Facility at the hour designated under this Facilities Agreement and failure to do so will result in the forfeiture of the Security Deposit and a fee of an additional $100/hour.
  13. Renter shall maintain the Facilities in the same manner RENTER found the Facilities. If MUSEUM must expend funds to restore Facilities to its previous condition, RENTER shall pay the reasonable costs of these additional amounts.
  14. In the event of severe weather warnings or the occurrence of such weather, the RENTER shall direct all attendees to leave the MUSEUM and shall terminate the Event. The RENTER will be the sole judge of whether or not the Event should be cancelled because of severe weather warnings. In such a situation, there will be no refund of Fees paid to or due the MUSEUM under this Facilities Use Agreement.
  15. In the event of any emergency, including a medical emergency, the RENTER’s designated Contact Person shall be solely responsible for all actions taken and in such event shall immediately call the MTAA Police & Fire Services at 785-862-1130 and will advise the MUSEUM’s representative of the situation. Note: MTAA Police & Fire Services is the Airport’s first responders, not 911.
  16. ASSIGNMENT AND TERMINATION WITHOUT CAUSE:.
  17. Neither party shall assign its rights under this Agreement without the prior written consent of the other party.
  18. Either party shall have the right to terminate this Agreement without cause upon fourteen (14) days’ written notice to the other. In the event of such termination, RENTER shall pay the applicable Fee for its use of Facilities through the termination date in accordance with Section 3.
  19. APPLICABLE LAWS: This Agreement shall be interpreted and construed in accordance with

the laws of the State of Kansas. If any provision of this Agreement, or its application to any person or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.

ENTIRE AGREEMENT: This Agreement, with Addendums, constitutes the entire understanding of the parties concerning the subject matter of this Agreement and shall supersede all previous communications, either verbal or written, between the parties relating to the same

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the dates below.

COMBAT AIR MUSEUMRENTER:______

By: By:

Date: Date:

NOTE: This is a legal agreement. The signer

representing the RENTER should be authorized

to legally represent and sign for the named

organization.

Page 1 of 4