Sample Facilities Use Agreement This is the Utah State University Botanical Center (USUBC) Facility Use Agreement. This Use Agreement is hereby made and executed _______________ between Utah State University Botanical Center and ________________________________________________. User Name, address, phone and email: User Name ____________________________________________________ User Address __________________________________________________ __________________________________________________ User Phone(s) __________________________________________________ Facilities to be utilized: The USUBC hereby agrees to allow User to occupy and use the following spaces (s): Wetland Discovery Point Pavilion Utah House and Landscape Rasmussen Teaching Garden Utah House Classroom only Other___________________ Event/Purpose/Guest Count: _____________________________________________. Note: Maximum Capacity of the above facility space is ____________occupants. USU Botanical Center reserves the right to refuse or deny occupancy and use of its facilities for purposes and activities other than those specified herein or if such refusal or denial is in the best interest of the USU Botanical Center. Date(s) of Use: ______________________________________________ Event Time Period: ________________________________________________ Set up and Tear-‐down Times: _______________________________________ Set-‐up and tear down times must be made known to USUBC staff no later than 7 days prior to the facility use. Deliveries and pick-‐ups will not be accepted outside of the stated set-‐up and tear-‐down times, unless otherwise arranged in writing. Facility Needs/ Tables/ Chairs/ AV Equipment All equipment, including tables, chairs, and audio visual must be requested in writing at least 7 days prior to the facility use. Chairs and tables included in the rental price are specified in the Rental Rates list. Audio Visual equipment is included in the room rental price. Payment The base user fee and labor due are payable to USUBC for the above occupation and use shall be $_________ which amount shall be due 30 days prior to the date of scheduled facility rental. In consideration of use of USUBC facilities, User agrees to pay the USUBC a non-‐refundable deposit of $150 to cover costs of USUBC booking. The deposit shall be paid to USUBC at the time of booking. USUBC accepts Visa, Mastercard, check, or cash. The deposit shall be credited towards the base use fee. USUBC’s retention of this deposit will not relieve User of Liability to USUBC for damages and costs as provided for in this agreement. USUBC will not schedule facility use without payment of the nonrefundable deposit. Additional USUBC Services The USUBC shall bear responsibility for the expenses associated with the regular operation and maintenance of its facilities. Any additional such services necessary or other services, equipment, materials, etc. needed or specifically requested by the User to be provided by the USUBC shall be at extra cost to the User at least as follows (costs are only estimates): $_______________ $_______________ Payment for these additional expenses shall be due and payable by (date) _______________________ Special Event Insurance All groups, organizations, and private entities holding an event at the USU Botanical Center are required by the state of Utah to purchase special event insurance coverage. Insurance coverage must be for the amount of $1,000,000. Proof of insurance must be submitted to the USU Botanical Center one week prior to your event. Indemnification The User hereby agrees to release, indemnify, and hold harmless USUBC, its trustees, officers, agents, employees, students and volunteers (Indemnitees) from and against all liability, including claims, demands, losses, damages and expenses of every kind and description to persons (including death) or property associated with the use of the USUBC facilities. This includes liability resulting directly or indirectly from acts or omissions of Indemnitees or the Users, unless such liability results from the sole negligence of Indemnities. Such indemnification includes attorneys fees, court costs, mediation/arbitration costs, as well as costs of damage to property or expenses of every kind resulting from the use of the facilities. This provision shall bind any and all successors, assigns, agents employees, heirs, family members, spouses, personal representatives, or anyone else claiming to represent the User. Cancellation In the event of cancellation, any amount paid by User to the USUBC, other than the non-‐refundable deposit, shall be fully refundable to User only if more than 30 days advance notice of cancellation is given in writing. The USUBC reserves the right to deduct any expenses reasonably incurred by the USUBC in anticipation of the event/purpose from any money advanced by User. Further, User agrees to make full payment of any such expenses in excess of any money advanced by User within (30) days of the last day of the event or of the date on which notice of cancellation is provided, whichever occurs first. If by reason of fire, action of the elements, catastrophe or similar other cause, the agreed facilities cannot be made available by the USUBC for use by User and the event shall for said reason be canceled, then each party does hereby release the other from any and all claims, demands, agreements, and liabilities whatsoever that each may have had, except the USUBC shall refund to User any advance rental payments made by User to USUBC, less costs reasonably incurred by USUBC in anticipation of the event and not including the non-‐refundable deposit. Transfer of Event Date If the User needs to change the reservation date, a one-‐time transfer of the deposit can be made without penalty if the transfer request is made, in writing, 30 days prior to the original reservation’s event date. If additional transfers are needed an additional $150 transfer will apply. Within 30 days of the event, all transfers of dates will be charged $150. All requests for transfers must be made in writing. The new date must be within one year of the original date. Reservation dates are nontransferable between responsible parties. Property Damage and Restrictions No exhibits or displays will be moved without prior permission of USUBC staff. Exhibits may not be moved without a USUBC staff present and must be put back in place at the end of the facility use. The User shall not use or permit the premises to be used for any purpose other than that set forth hereinafter. The User further agrees that illegal drugs, smoking, and alcoholic beverages are not permitted on the premises. Open flame is prohibited. User shall be responsible for any and all damage to the USUBC facilities caused by negligent or willful conduct of any person attending or participating in the use for which the facility has agreed to herein. Aside from normal wear and tear, any damages or losses resulting from an event will be assessed to the User on the basis of actual cost of repair and/or replacement as determined by the Utah State University Botanical Center. Open Green Space Utah State University Botanical Center is an open recreational green space and is utilized by the public. This agreement guarantees exclusive use of the agreed facility and surrounding grounds. Foot traffic onto the USUBC cannot be denied to any person at any time. Entire Agreement This agreement embodies the entire agreement of the USUBC and the user, and there are no other representations, promises, agreements, conditions or understanding, either oral or written, between them other than are set forth herein. No subsequent alteration, amendment, change or addition to this agreement shall be binding upon either the USUBC or User unless submitted in writing and signed by them and by direct reference therein made a part hereof. Default If either party defaults in any of the covenants or agreements herein contained, the defaulting party shall pay all costs and expenses, including reasonable attorney(s) fees incurred by either party in enforcing its rights arising under this agreement, whether incurred through legal action or otherwise. Arbitration may be used if agreed to by both parties. Litigation In the event a dispute between the parties results in litigation, in addition to any other relief to which the prevailing party may be entitled, they shall be reimbursed for reasonable attorney fees and other reasonable costs. Binding This agreement shall be binding upon and insure to the benefit of the parties hereto, their agents, successors and assigns. Governing Law This agreement shall be construed pursuant to the laws of the State of Utah. The undersigned hereby acknowledge having read and understood the foregoing and agree to be bound by the terms and conditions of this agreement. Utah State University Botanical Center Representative User Signature User Printed Name Date