Please fill in the shaded areas ____, sign and return to Eppler Center Room 107, HMSLS Graduate Assistants Office.
BOWLING GREEN STATE UNIVERSITY (BGSU)
SCHOOL OF HUMAN MOVEMENT, SPORT AND LEISURE STUDIES
LEASE AGREEMENT FOR A BGSU FACILITY
BY ANON-AFFILIATED BGSU GROUP/USER
This AGREEMENT, is made this ___ day of ______, 20__ by and between BOWLING GREEN STATE UNIVERSITY, a state-assisted institution of higher education established and existing under the laws of Ohio, d/b/a School of Human Movement, Sport, and Leisure Studies(“the Lessor”), with business offices at 119 Eppler Center, Bowling Green State University, Bowling Green, Ohio 43403, and (the“Lessee”) withoffices located at .
TERMS AND CONDITIONS
1.0THE FACILITY.
1.1The Leased Facility. The Lessor does hereby lease to the Lessee and the Lessee does hereby take from the Lessor, the use of Bowling Green University’s
(Eppler North 221, Center 102, South 200 Gyms) (the “Facility”), located at Eppler Complex, Bowling Green State University, Bowling Green, Ohio 43403, at the following dates and times:
Date(s)Time(s)
to
to
to
1.2Use of the Facility. The Facility is to be used by the Lessee for the purpose of (Describe in detail):
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(the “Event”) and for no other purpose whatsoever. Lessee agrees to use the Facility in a careful and prudent manner and to prevent damage to the Facility.
2.0CONSIDERATION.
2.1Payments. As payment for use of the Facility, [AND FOR THE USE OF UNIVERSITY SECURITY,] the Lessee shall pay to Lessor $20 per hour or for a maximum of $200 per day, of which the full amount($ ), is due and payable prior to scheduled use. All payments hereunder shall be received by the Lessor on or prior to scheduled use and shall be submitted to the School of HMSLS Secretary, Lisa Bowe, 119 Eppler Center, BGSU, Bowling Green State University, Bowling Green, Ohio 43403.
2.2Rights of the Lessor Upon Non-Payment or Late Payment. The Lessor shall not be obliged to give possession of the Facility until all payments required under this Lease have been made in a timely manner, as required under paragraph 2.1. If Lessee shall fail to make all payments required by this Lease on or before the time or times above mentioned, the Lessor shall have the right, at its sole option, to retain all sums of money paid on account of this Lease and Lessee shall be liable to the Lessor for the balance remaining to be paid, as specified herein.
3.0MATERIALITY OF TERMS AND CONDITIONS.
All of the foregoing and following terms and conditions of this Lease are material to the agreement of the parties. Each of the parties agrees to observe, keep and perform such terms and conditions, a breach of any of which shall constitute a breach of this Lease Agreement.
4.0UNAUTHORIZED OR IMPROPERUSE OF FACILITY; RISK OF LOSS.
4.1In the event that the Lessee shall use or attempt to use the Facility for any purposes other than the above specified, or in the event that the Lessee shall in any other respect fail to observe and fulfill its agreements herein contained, or if any use or proposed use of the said premises shall, in the judgment of the Lessor, be in any way contrary to law or adverse to the academic objectives or the policies of the Lessor, or otherwise improper or detrimental to the reputation of the Lessor, the Lessor without notice to Lessee shall have the right, at its option, to cancel this Lease and take possession of the Facility and all rights of the Lessee shall thereupon terminate.
4.2The Lessee hereby agrees to comply in all respects with the Environmental Health and Safety policies of the Lessor, as they may from time to time be published at and to otherwise conform its activities and those of its invitees in a manner that will not prevent or impede the Lessor’s ability to provide a healthy and safe environment for its students, faculty, and staff.
4.3Upon the expiration or sooner termination of this Lease Agreement, Lessee shall quit and surrender the Facility to the Lessor.The Facility should be cleaned, and in good order and condition; ordinary wear and tear accepted. Lessee will maintain the facility in a clean, neat, orderly and attractive condition at all times.
4.4Lessee shall not make any changes, alterations, modifications or other improvements to the Facility, including the structural elements, mechanical and electrical systems, fixtures, furniture, and the surfaces of walls and partitions and of floors and ceilings, without the prior written consent of the Lessor. All risks of loss to the Facility, or to such systems, fixtures, furniture, and surfaces of the Facility, or to the Lessee’s improvements (if any), shall remain with the Lessee, and any damages resulting to the same arising from this Lease Agreement shall be the sole responsibility of the Lessee.
5.0INSURANCE.
5.1Minimum Amounts and Types. The Lessee will purchase at its sole expense and have in effect at least two (2) business days prior to the first (earliest) date in paragraph 1.1, and maintain through the last (latest) date in such paragraph (the “Insurance Period”), the following insurance coverages and limits, all written on an occurrence form:
Type of InsuranceWorker’s Compensation Insurance
(Covering Lessee’s Employees)Broad Form Comprehensive
General Liability Insurance --
Including, but not limited to, Bodily Injury, Property Damage, Contractual Liability, Products/Completed Operations, and Fire Legal Liability, Athletic Participation Liability, Liquor Liability Insurance
Automobile Liability Insurance
Medical Expense Insurance Coverage
Excess Liability Insurance
(If requested by the Lessor, in its sole and absolute discretion) / LimitsStatutory Limits
Limits of at least $1,000,000 per occurrence/aggregate --
Each Element of which to be at least $1,000,000 per occurrence/aggregate
Limits of at least $1,000,000 per accident
Limits of at least $5,000 per injury
Limits of at least $10,000,000 per occurrence/aggregate
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5.2Effect of Coverage. The coverages and limits specified in paragraph 5.1 are to be considered minimum requirements under this Lease Agreement and shall in no way limit the liability or obligations of the Lessee hereunder.
5.3Certificates of Insurance. Prior to the commencement of the Period of Insurance, the Lessee shall provide one or more Certificates of Insurance to the Lessor at the address specified in paragraph 5.5. Such Certificate(s) shall:
(a) evidence the coverages and limits described in paragraph 5.1; and
(b)name “BOWLING GREEN STATE UNIVERSITY, ITS BOARD OF TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS” as “Additional insureds” to the Broad Form Comprehensive General Liability Insurance.
5.4Other Insurance Terms and Conditions. The insurance coverages and limits described in this Section 5.0 are primary to any and all other collectible insurance. The Lessee hereby agrees and warrants that the Lessee’s insurance policies, coverages and limits will be promptly and properly endorsed to reflect the requirements of the preceding sentence. The Lessee will not do, nor permit to be done, at the Facility, or bring or keep anything thereon, that will in any way conflict with the policies of insurance thereon or increase the premium beyond that usually charged at the Facility.
5.5 Notices. All notices and other communications under this Section 5.0 including, but not limited to, the delivery of the Certificates of Insurance described in paragraph 5.3 shall be sent to the Lessor at the following address:
Name:School of Human Movement, Sport and Leisure Studies
Title:Attn: Facility Graduate Assistants
Address:107 Eppler Center, BGSU, Bowling Green, OH, 43403
Telephone: (419) 372-2883
FAX No. (419) 372-2153
6.0INDEMNIFICATION.
The Lessee agrees to indemnify and save Lessor and its Board of Trustees, officers, employees and agents harmless and free from all damage or other liabilities occasioned within the Facility or adjacent thereto by reason of any injury to persons or property arising out of any act or omission of the Lessee or any of its officers, agents, employees, guests, or other persons admitted by Lessee upon the Facility including, but not limited to, attorney’s fees. In case any damage of any kind to the said Facility arising out of any act or omission described in the preceding sentence, the Lessee shall pay such amounts as shall be necessary to put the said Facility in as good an order and condition as the same were at the commencement of the Lease Agreement.
7.0LIMITS OF LESSOR’S LIABILITY; LESSEE RELEASE.
The Lessor shall not be liable for any loss of property or for any bodily injury, however incurred, that is suffered by the Lessee, its agents, employees, or guests, on the Facility during the term of this Lease Agreement. Lessor is hereby expressly released and discharged from any and all liabilities for any loss, injury, or damages to such persons or property.
8.0ASSIGNMENT.
The Lease Agreement shall not be assigned by the Lessee, nor may the Lessee sublet said Facility, or any part thereof, or permit any business or activity on the Facility other than the use specified in paragraph 1.2.
9.0REFRESHMENTS.
Refreshments of any kind shall not be served or eaten in the Facility, except as may be specifically pre-approved, in writing, by the Lessor. In no event shall smoking be permitted in the Facility.
10.0SECURITY.
The Lessee agrees to use such security personnel as may be selected by the Lessor for the Event and the preparation for the Event. Lessee hereby warrants and represents that it will follow the directions and instructions of such personnel pertaining to all security matters.
11.0 CANCELLATION.
This Lease is subject to cancellation by the Lessor at any time where a conflict may occur with academic classes or activities. In the event of such cancellation Lessor shall return Lessee’s payment as consideration for the Lease.
11.1Cancellation by Lessee within 72 hours of event date will result in forfeiture of 50% of payment or amount invoice. Cancellation made in advance of 72 hours of event date will result in full refund of payment.
12.0GOVERNING LAW.
This Lease shall be governed according to the laws of the State of Ohio, without reference to its Conflict of Laws provisions. The parties hereby submit to personal jurisdiction in Wood County, Ohio and all actions arising out of this Lease Agreement shall be brought exclusively in a court of appropriate jurisdiction within Ohio. In the event such litigation is commenced, each party agrees that service of process may be made and personal jurisdiction over each obtained, by service of a copy of the summons, complaint, and other pleadings required by applicable law to commence such litigation upon the party’s appointed agent for service of process in Ohio. In the event the Lessee fails to appoint such agent pursuant to the laws of the State of Ohio, or if such appointment should lapse for any reason, the Lessee hereby alternatively designates its signatory to this Lease Agreement as its appointed agent for the service of process in Ohio regardless of the place of residence of such signatory.
IN TESTIMONY WHEREOF, Bowling Green State University has caused this Lease Agreement to be signed in its name by a University official with the authority to execute this Agreement and the Lessee has duly executed the same.
BOWLING GREEN STATE UNIVERSITY[NAME]
(Lessor)(Lessee)
Director, School of Human Movement, Sport,
And Leisure Studies
Name:School of Human Movement, Sport and Leisure Studies
Title:Attn: HMSLS Facility Graduate Assistants
Address:107 Eppler Center, BGSU, Bowling Green, OH, 43403
Telephone: (419) 372-2883
FAX No. (419) 372-2153
LEASE AGREEMENT
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