It is understood and agreed that USER is an independent contractor, and nothing contained herein shall be deemed to create an employer-employee relationship, joint venture or partnership between USER and UNIVERSITY.In doing so I agree to the following terms and conditions:Facilities and Services:
The facilities on UNIVERSITY campus must be used in compliance with the rules and regulations of UNIVERSITY, which may be changed from time to time at the sole discretion of UNIVERSITY. Prior to USER occupying the facilities listed below, there shall be a walk-through of the facilities by at least one representative from UNIVERSITY to ascertain the condition of the premises and its contents. The premises and its contents shall be returned to UNIVERSITY in the same condition as received. USER shall not make any alterations, additions or improvements to any of the UNIVERSITY’s facilities.Obligations of USER:
• USER shall be solely responsible for the care and supervision of USER-invited persons who will occupy and/or use the facilities or services, including staff. USER shall exercise care to see that all such persons remain safe and that people use the facilities in a safe manner and to maintain the safekeeping of their valuables and belongings. USER understands that the UNIVERSITY undertakes no duties or warranties in respect to these matters.
• The full cost to replace or repair damage to any UNIVERSITY facility or property on UNIVERSITY campus exclusively used by USER or its employees, agents, or guests will be the sole responsibility of USER. Upon written notice to USER, it shall be obligated to pay UNIVERSITY the cost to repair or replace (if reasonably necessary) facilities damaged due to USER use.
• USER shall be responsible for handling any and all emergency or other unusual situations, including, but not limited to, any and all injuries or illness pertaining to invitees of its business. The UNIVERSITY shall not be obligated to undertake any extraordinary activity in connection with the physical and/or medical assistance or care of the persons using or visiting the facilities.
(a) Consent Required – USER shall not, without UNIVERSITY’s prior written consent, sublet, assign, or otherwise encumber any interest under this agreement.
(b) Effect of Transfer without Consent – Any transfer made without UNIVERSITY’s prior written consent shall, at UNIVERSITY’s option, be void.
USER’s Notice. To obtain UNIVERSITY’s consent to a transfer, USER shall provide UNIVERSITY with written notice of:
(a) the proposed effective date of the transfer,
(b) a description of the portion of the premises to be transferred,
(c) all of the material terms of the proposed transfer and the consideration therefor, and
(d) any other information reasonably required by UNIVERSTIY in order to evaluate the proposed transfer.
(a) Timing. Within 7 days after receiving the USER’s notice of transfer, UNIVERSITY shall notify USER in writing of:
(i) its consent to the proposed transfer, or
(ii) its refusal to consent to the proposed transfer and its reasons therefor.
(b) Failure to Respond to Notice. If UNIVERSITY does not provide written notice to USER approving or disapproving any proposed transfer within [NUMBER] days after receiving a transfer notice then, the transfer shall be deemed disapproved.
(c) Conditions of Consent. UNIVERSITY shall not unreasonably withhold, condition or delay its consent to any proposed transfer.
(d) No Release of USER’s Obligations. Notwithstanding any assignment or subletting, USER shall at all times remain fully and primarily responsible and liable for the payment of rent and for compliance with all of USER’s other obligations under this Lease.
USER agrees that the use of the facility:
• Does not conflict with the UNIVERSITY’s Mission and Values and is in accordance with the UNIVERSITY’s policy on Facilities Use.
• Does not cause interference with the orderly functioning of the UNIVERSITY or infringe upon the rights or privileges of others; these rights include the right to peaceful pursuit of campus activities and to enjoy the rule of law.
• Does not promote hatred or discrimination against, or expose to contempt, any person or group of persons as applicable under legislation or law. USER agrees not to discriminate in the use of the UNIVERSITY’s facilities and services, on the basis of race, color, sex, disability, national origin, gender, national origin, creed, religion, sexual orientation, or age.
• Does not advertise, promote or operate programs or services that compete with UNIVERSITY programs and does not compete with UNIVERSITY activities including commercial activities or those that otherwise conflict with current contracts or agreements.
• Does not directly or indirectly contravene provisions of any law, statute, regulation, by-law, enactment, or policy.
• Will be only for the activities for which they have been designated.
• Will be solely for conduct related to their activities and the USER will be held financially responsible for any damages to the facility or loss or replacement of any equipment that is damaged or lost that may be incurred as a result of their activity.
USER further agrees that:
• Boisterous or nuisance persons will be requested to leave the UNIVERSITY.
• Neither USER nor UNIVERSITY shall be liable for the failure to perform its obligations under this agreement when such failure is caused by fire, explosion, water, act of God, unforeseen accident, civil disorder or disturbances, vandalism, weather and energy related closings, governmental rules or action, or like causes beyond the reasonable control of either party, nor for real or personal property destroyed or damaged due to such causes.
• If, prior to or during the term of the Agreement, any facilities requested to be used by USER under this Agreement are totally or partially destroyed, the UNIVERSITY shall have no obligation to restore the facilities, but must use reasonable efforts to assign other similar spaces for USER’s use. If similar spaces are not available for assignment to USER, the USER has the right to terminate the Agreement without penalty.
• Neither party shall be entitled to assign or transfer its rights under this Agreement without the written consent of the other.
• This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understanding and agreements, oral and written, relating hereto.
USER must obtain a Special Occasion Liquor License if alcohol will be sold or used. Serving alcohol is allowed for any USER’s activities or events.
Signage and Decoration:
USER agrees not to affix decorations or signage to UNIVERSITY property with nails, screws or staple guns and agrees to remove all décor and signage or be charged for labor and materials necessary to return the space to its original state. USER can conduct any decoration for any no structural changes to the UNIVERSITY property.
Waste and recyclable containers may be provided upon request. USER agrees to appropriately dispose of all garbage generated. USER agrees that the rental facility will be left clean and in an organized fashion.
Any hazardous materials or substances employed, stored or transported in the course of USER’ use of the facilities or premises during the term of this Agreement must be properly labeled and handled under the guidelines of the Material Safety Data Sheet (MSDS) for that product and the UNIVERSITY must be notified that the substance will be on campus and for what purpose, and an up-to-date MSDS must accompany the product. USER must also otherwise conform such activities strictly to all laws and regulations and must give advance notice in writing to the UNIVERSITY of all such intended uses.
Parking on campus is subject to the UNIVERSITY parking regulations. No long-term parking of vehicles is permitted.
USER agrees that UNIVERSITY is not liable for the personal safety of USER or its guests.
Smoking is prohibited on UNIVERSITY grounds and within 5 meters (16 feet) of doors, opening windows and air intakes.
USER agrees that sounds levels from musical instruments or recorded music will be kept to a reasonable level.
USER agrees and understands that candles, incense, or any type of open flame or smoke producing product is prohibited on-campus. Any such usage should be approved prior to use.
Facility and Usage:
USER agrees that if there is any damage to the facility or the equipment/material used during the course of the event, the USER will pay for the repair or replacement of the item.
Indemnification and Hold Harmless Clause:
The USER shall indemnify and hold harmless the UNIVERSITY and any of its officers, employees, servants, agents, contractors, and volunteers from any and all loss, liability, claims or expenses arising out of the use and/or occupation of the property belonging to the UNIVERSITY by the USER and any of its officers, employees, servants, agents, contractors, guests, and volunteers, except to the extent that such loss arises from the independent negligence of the UNIVERSITY.
Incident Reporting Requirement:
Following an incident or accident, notification must be provided to the UNIVERSITY within 48 hours.
Liability Insurance Clause:
The USER shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain the following insurances with insurers licensed in California and in forms and amounts acceptable to the UNIVERSITY:
• General liability and/or professional insurance with a limit of not less than One Million Dollars ($1,000,000.00), inclusive, per occurrence for bodily injury and property damage including loss of use thereof. Such insurance shall extend to cover the USER, its officers, employees, servants, agents, contractors, and volunteers.
Certificate of Insurance Clause:
If the USER already has liability coverage they shall provide the UNIVERSITY with evidence of all required insurance prior to the event date. Such evidence of insurance shall be in the form of a certificate of insurance. When requested by the UNIVERSITY, the USER agrees to provide certified copies of required insurance policies.
NOTE: These certificates should be issued by the insurer or insurance broker of the USER group and must contain the following information:
• Name of the insurance company and the binder or policy number
• Name and address of the Insured (USER group)
• Policy period (covering at least the period of the facility rental)
• Description of coverage
• Policy limits
• Description of insured operation and location(s)
• Signature of authorized representative and date
Sofia UNIVERSITY, their trustees, officers, attorneys, volunteers, agents, faculty, employees and representatives shall be named as Additional Insured.
Your policy must be endorsed as follows: this policy shall be primary and not contributing with any other insurance in effect for the Additional Insured shown above. Policy to be endorsed to state THIRTY (30) days prior written notice of cancellation to be given to Sofia UNIVERSITY.
Waiver of Subrogation Clause
The USER hereby agrees to waive all right of subrogation or recourse against Sofia UNIVERSITY with respect to the use or occupation by the USER of the premises described in the license agreements.
In the event USER disputes any charges or fees, USER agrees to submit in writing to UNIVERSITY an explanation of disputed charges within ten (10) business days of receipt of invoice, otherwise USER shall be responsible for all invoiced charges. In the event of a disputed invoice item, USER agrees to remit payment for all undisputed items
Both USER and UNIVERSITY agree that this agreement is in force for the full length of the term described above. USER may not cancel this agreement without the consent of UNIVERSITY.
The UNIVERSITY reserves the right to terminate this agreement as follows:
• The UNIVERSITY may cancel with no notice if it is unable to hold up its obligations for reasons including, but not limited to, financial exigency, emergency conditions, strike and labor dispute, or by the authority of the President or the Chief Operating Officer of the UNIVERSITY due to unforeseen circumstances that would prohibit UNIVERSITY from honoring the agreement. The UNIVERSITY will endeavor to provide as much notice to USER as possible in the event this is necessary. Rental fees will be returned for days where USER is prevented from conducting its business within the scope of this Agreement.
• Where the UNIVERSITY cancels for any reason within this Agreement, the USER agrees that the UNIVERSITY is not responsible or liable for any loss or damage suffered by the USER.