Building Use Agreement
Organization/Individual Name (User): ______
Contact Name ______Phone #’s: ______
Use Date(s): ______Hourly Fee: ______
Use Hours: ______Total Charges: ______
Area(s) being used:
______
____________
GUIDELINES FOR USE OF CLUB FACILITIES
1. User must monitor traffic entering and leaving during use of any area of the facility.
2. The User is expected to return all items as they found them and complete any cleaning as needed (i.e. vacuum, clean tables, mop).
3. The Boys & Girls Club reserves the right to have Staff present dependent on the nature of the activity (ies).
4. The Boys & Girls Club is NOT liable for any damages to personal property or stolen items.
5. User must comply with all laws when using Boys & Girls Club property.
6. User is not allowed in staff offices or staff work areas.
7. The Boys & Girls Club has the right to cancel this agreement if the above rules are not followed.
Please Note: Use of facility is available only when usage does not conflict with B&GC operations and usage is approved by the building’s owner. Usage is also available only to organizations or groups whose mission and purpose is not in any way in direct conflict with the Club’s mission and purpose. The Boys & Girls Club has sole discretion as to what organizations will be allowed to use the Club and may choose to lower or waive fees for organizations with collaborative relationships with the Boys & Girls Club of Langlade County.
USER MUST READ AND AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT (INCLUDING THE ATTACHED ADDENDUM A) BEFORE SIGNING THIS AGREEMENT. THIS AGREEMENT CONTAINS A LIMITATION OF THE BOYS & GIRLS CLUB OF LANGLADE COUNTY LIABILITY AND INDEMNIFICATION RESPONSIBILITIES OF THE USER. THIS AGREEMENT (INCLUDING THE ATTACHED ADDENDUM A) CONSTITUTES A LEGALLY BINDING CONTRACT.
IN WITNESS WHEREOF, the Boys & Girls Club and User have executed and delivered or caused this Limited Area Usage Agreement to be executed and delivered by an authorized representative on
Date: ______, Boys & Girls Club of Langlade County Representative: ______
User Representative: ______
Signature of User Representative: ______Date______
ADDENDUM A
STANDARD TERMS AND CONDITIONS
1. Grant of Limited Use. The Boys & Girls Club hereby grants to User and its guests approved by the Boys & Girls Club. ("User's Guests"), a non-exclusive, revocable license to enter into and upon the Use Area to conduct the Authorized Use only upon the Use Dates and Times described above and in accordance with the terms of this Agreement. User agrees to use the Use Area for no purpose other than the Authorized Use. USER UNDERSTANDS THAT USER AND USER'S GUESTS HAVE ONLY A LIMITED RIGHT TO ACCESS AND UTILIZE THE USE AREA BASED UPON THE TERMS OF THIS AGREEMENT.
2. User Acceptance of Use Area. User accepts the Use Area, on its own behalf and on behalf of User's Guests, as suitable for the Authorized Use, and accepts the same "AS-IS, WHERE-IS, WITH ALL FAULTS." BOYS & GIRLS CLUB MAKE NO WARRANTIES EXPRESSED OR IMPLIED RELATING TO THE BUILDING, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. USER UNDERSTANDS AND HEREBY AGREES THAT IT AND THE USER'S GUESTS WILL UTILIZE THE USE AREA (AND BOYS & GIRLS CLUB TO THE EXTENT PERMITTED) SOLELY AT THEIR OWN RISK. USER AGREES THAT THE BOYS AND GIRLS CLUB WILL NOT BE RESPONSIBLE FOR ANY INJURY, DAMAGE, LIABILITY, LOSS, OR HARM TO THE USER, OR THE USER'S EQUIPMENT, USER'S GUESTS, OR OTHERWISE, REGARDLESS OF HOW CAUSED. The provisions of this Section 2 shall survive termination of this Agreement for any reason.
3. Boys & Girls Club Liability Limited to Use Fees; No Incidental or Consequential Damages. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, THE BOYS & GIRLS CLUB SHALL NOT IN ANY CASE BE RESPONSIBLE FOR DAMAGES ARISING HEREUNDER IN EXCESS OF THE USE FEES. IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE FOR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST REVENUES, EXCEPT PURSUANT TO SECTION 10 (INDEMNIFICATION) BELOW.
4. Term. The term of this Agreement (the "Term") shall commence upon the date of this Agreement and continue until the end of the last Use Date and Time (the "Expiration Date"). Upon the Expiration Date all rights and obligations of the parties hereunder shall fully and immediately cease, except as otherwise specifically provided herein.
5. Cancellation. The Boys & Girls Club may cancel any one or more Use Date(s) hereunder upon prior notice to User (or to one User in a group) without penalty or premium, at which point the Boys & Girls Club shall refund any portion of the Use Fees attributable to the canceled Use Date(s). If such cancellation results in User having no more Use Dates under this Agreement, then this Agreement and all rights and obligations hereunder shall terminate, except as otherwise specifically provided herein.
6. Use and Access Limitations. User shall not enter into or otherwise use any other facilities or areas of the Boys & Girls Club Property without the Boys & Girls Club's prior written consent, which consent may be withheld in the Boys & Girls Club's sole discretion; provided, however, in the event such consent is granted, it shall be deemed a limited, non-exclusive license of use for the single event so consented to, and terminable at any time by the Boys & Girls Club. No course of dealing between the Boys & Girls Club User shall be used to modify this Section 6. The User shall be responsible for obtaining any federal, state, and local permits and licenses required for its activities. The Boys & Girls Club, in its sole discretion, may elect to require that an employee of the Boys & Girls Club be present at all times during User's and User's Guests' use of the Use Area.
7. Use Fees. User shall pay to the Boys & Girls Club, as fees due under this Agreement, the amounts set forth as Use Fees in accordance with the Boys & Girls Club's payment instructions. Boys & Girls Club should be named as an additional insured on User’s insurance policy. User must provide certificates of insurance.
8. Covenants of User. User covenants and agrees as follows:
(a) User shall be fully responsible for and shall pay immediately upon notice of damage to the Boys & Girls Club the cost of repair, replacement, or other actions necessary to remedy any damage done by User or User's Guests to the Use Area or the Boys & Girls Club Property, or any personal property or fixtures thereon.
(b) User and User's Guests shall not engage in any activity that increases the premiums for any of the Boys & Girls Club's insurance policies, violates any such policy or the terms of any mortgage or other agreement with respect to the Boys & Girls Club Property or any portion thereof. User shall not cause or permit any hazardous, toxic, radioactive, or environmentally harmful materials or substances to be brought into or upon the Use Area or Boys & Girls Club Property in violation of any law.
(c) User and User's Guests shall comply with all laws when on the Boys & Girls Club Property and the Use Area, including, but not limited to, any environmental laws.
(d) User and User's Guests shall make no alterations to the Use Area without the prior written consent of the Boys & Girls Club, which consent may be withheld in the Boys & Girls Club's sole discretion.
9. Insurance. User shall maintain all appropriate insurance policies and coverage’s in appropriate coverage amounts sufficient to protect User and User's Guests from and with respect to personal injury and death as well as property damage occurring upon or with respect to the Boys & Girls Club Property or any portion thereof.
10. Indemnification. User agrees to indemnify, defend, and hold the Boys & Girls Club and its affiliates and related entities, and their respective directors, officers, employees, and agents, as well as their respective heirs, successors, and assigns, harmless from and against and with respect to any claim, loss, liability, injury, penalty, harm, or damage of any kind or nature whatsoever including, but not limited to, incidental and consequential damages (collectively, the "Damages"), occurring in connection with, or arising out of the (i) act or omission of User, its agents, User's Guests, or invitees, or their use of the Use Area, (ii) any breach of the terms of this Agreement by User or User's Guests, including, but not limited to, any covenant, representation, or warranty hereunder, or (iii) the breach by User or User's Guests of any law of any kind, including, but not limited to, any environmental law. The provisions of this Section 10 shall be ongoing and survive the Expiration Date.
11. Miscellaneous Provisions. If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. This Agreement shall not create, imply, or constitute any right, title, or interest of User, User's Guests, or any other party in, upon, or to the Boys & Girls Club Property, the Use Area, or otherwise, except as expressly set forth herein. This Agreement constitutes the entire agreement between the Boys & Girls Club and User with regard to the subject matter contained herein. This Agreement shall not be amended, changed, or extended except by written instrument signed by both parties. This Agreement shall be governed by the internal laws of the State of Wisconsin. The headings in this Agreement are provided for convenience only and shall not affect the interpretation or meaning of the provisions of this Agreement.