Facility Use Agreement
External
The following constitutes an understanding and agreement between Wright State University acting through Department Name, Wright State University, 3640 Colonel Glenn Highway, Dayton, Ohio 45435 (hereafter referred to as Lessor) and ______(hereafter referred to as Lessee). This agreement is made and entered into this ___ day of ______, _____.
The University agrees to make available the facilities, services, and equipment (Addendum 1) as specified in theattached Reservation Confirmation form (Appendix A).
1. Insurance: The Lessee must provide the Lessor with General Liability insurance coverage with limits of $1,000,000 per occurrence for bodily injury and property damage. The policy will be endorsed to include Wright State University as an additional insured. A Certificate of Insurance evidencing the coverage and the additional insured endorsement must be received by the Lessor no later than 7 days prior to the event. The Lessor reserves the right to cancel the reservation if the certificate is not received by this date.
If Lessee does not have liability insurance coverage for the event, event coverage must be purchased. If necessary, there is an event insurance product that is available through the Lessor. The purchased coverage protects both the Lessee and the University against claims by third parties as a result of participating in an event.
2. Indemnity: The Requestor hereby agrees to indemnify, protect, defend and hold harmless Wright State University or its agents from any and all liability for any personal property injury, property damnage, negligence, or other claim for liability, loss or damage which directly results from the Requestor, its employees or agents’ actions arising from its use of the University’s facilities.
3. Representation: The Requestor shall not use or make use of Wright State University's name, insignia, logo, picture, or any other material that might create the impression of association, affiliation, partnership, or any other joint venture, without the express written permission of the University. The University shall have the right to review any solicitations, advertisements, etc. produced by or for the Requestor that mentions WrightStateUniversity in any way, shape or form.
4. Loss of Property and Damages:The Lessor does not accept responsibility for theft or other loss of money, valuables, or personal effects of event employees, agents and/or participants.
Upon conclusion of the event, the event facility will be checked for damages. The Lessee will be responsible for payment of damages caused by Lessee’s employees, agents, and/or event participants. A detailed list of damages will be provided upon request and the Lessee is responsible for payment of the damages no later than 30 days after the event.
5. Minor Supervision: If minors will be present at Lessee's event, it is expected minors will be appropriately supervised at all times by Lessee's event staff and/or parents.
6. Laws and Rules: The Requestor will comply, at its sole expense, with all laws, statutes, ordinances, rules, and regulations of the United States, the State of Ohio, the City of Fairborn, and any other governmental body with applicable jurisdiction. The Requestor will be responsible for assuring that conference participants and guests comply with all rules of the University.
7. Smoking Policy: WrightStateUniversity is a smoke-free environment. Therefore, smoking is not allowed in any campus building.
8. Alcohol Policy:
9. Medical Emergencies: The University is not responsible for any medical or health problems or expenditures for the Requestor's participants or staff. Such responsibilities or expenses are to be borne and charged directly to the individuals at the time service is rendered.
10. Additional Resources: In the event the Requestor requires University resources and facilities to accommodate attendees in excess of those detailed on the Reservation Confirmation Form, the University may, at its option, make available to the Requestor additional facilities and resources to accommodate additional participants. However, the Requestor shall pay a surcharge for additional participants based on the additional costs to the University directly related to additional participants.
11. Other Users: The Requestor understands that other activities may be conducted on the University campus by the University or other Requestors during the above time period; however, the University agrees that it will make every effort to schedule such other activities so as not to unreasonably interfere with the Requestor's event.
12. Supervision: The Requestor shall supervise the use of all assigned on-campus facilities, including residence halls, classrooms, designated offices, stores, workrooms, recreational areas, ballrooms, auditoriums, and other facilities in use. The Requestor is responsible for proper usage, adherence to safety regulations, and compliance with University operational procedures.
13. Commercial Sales: Commercial sales of products sold in conjunction with the event will be restricted to those items not routinely available for sale through University sources. All business vendors selling merchandise on campus and/or processing sales for direct shipment must receive written authorization from the University.
14. Financial: It is agreed that the Requestor shall be responsible for the payment of any and all State, Federal, Local and any applicable taxes, fees, and dues which may be due as a result of payments under this contract. It is the responsibility of the Requestor to provide any State or Federal tax exemption forms. Final charges will be compiled and billed to the Requestor and all deposits will be credited towards the final bill. The University will expect final payment from the Requestor within 30 days after the bill is sent. An interest charge of 1½ per week will be assessed on all overdue accounts. If payment is not received within 60 days, the University reserves the right to turn over uncollected bills to collection agencies.
15. Deposit: At the time of booking with a signed contract, a deposit of 50% rental fee as indicated on the Reservation Confirmation Form (Appendix A) will be required. If payment is not received by this date, the University reserves the right to cancel the reservation.
16. University/Lessor will make every effort to guarantee a reservation. However, Lessee understands and acknowledges that University/Lessor reserves the right to change or cancel a reservation in order to accommodate operations which shall not constitute a breach of this Agreement. In the event that University/Lessor must change or cancel a reservation in order to accommodate operations, University/Lessor will notify Lessee and identify a suitable alternative University Location for relocating lessee’s Event.
17. Cancellation: Reservations canceled prior to one year of the use of the facilities will receive a full refund. Reservations canceled prior to six months of use will receive 50 of the original deposit. Cancellations received three months prior to use will receive a refund of 25 of the original deposit. The entire deposit will be forfeited if a cancellation occurs less than three months from the scheduled event.
18. Coordnation Fees: A minimum $30.00 administrative fee will be assessed for the first hour with additional planning hours billed at $30.00 per hour. This charge will be incorporated in the Requestor's final event bill.
19. Other Charges: Charges for audiovisual equipment, duplication, transportation services, signs, etc., will be added to the Requestor's final bill.
20. Dining Services: Dining facilities will be provided as indicated on the Reservation Confirmation Form (Appendix A). All food, alcoholic and non-alcoholic beverages are to be provided by University Hospitality Services. It is the responsibility of the Requestor to keep the University informed concerning the number of event attendees. No credit will be made for missed meals provided through summer camp programs. Summer camp meal menus are selected by University Hospitality Services. Catered meals are available for all groups and arrangements must be made in advance. A catering handbook is available upon request. An Ohio state tax will be assessed. Proof of tax exempt status must be provided at the time the order is placed to ensure tax is not assessed.
21. Nonassignment: This agreement shall not be assigned by either party without the prior written consent of the parties.
22. Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral statements, understandings or agreements.
23.This Agreement shall be governed by and in accordance with the laws of the State of Ohio. Any legal action arising pursuant to this Agreement shall be brought in a court of competent jurisdiction in the State of Ohio.
I, the undersigned, hereby certify that I am the appointed representative of the Requestor requesting use of the facilities. In addition, I agree to abide strictly by the regulations governing use of the University facilities as stated in the contract. Undersigned also understands that the University reserves the right to assign a group to an alternate location. Every effort will be made to accommodate the requestor's meeting space needs.
Requestor: ______Date: ______
(Please print name)
Approved by: ______
(Signature of person authorized to sign a legal document for Requestor)
Name and Title: ____________
(Printed name and title of person authorized to sign for Requestor)
University: ______Date:______
Associate Director, Contract Manager
Facility Use Agreement External Template - 032116 FINAL1
ADDENDUM 1
Reoccurring Events
The following Student Union conference rooms, activity spaces and outdoor locations as well as the Student Union Campus Recreation indoor and outdoor recreation locations will be provided on the dates and times listed below:
EVENT NAME:
Primary University Location where event will take place:
What is the use of the facility?
Date(s) / Time(s)Below is a detailed listing of additional needs necessary to support the event:
Facility Use Agreement External Template - 032116 FINAL1