Policy #82-FACILITIES USE LICENSE AGREEMENT

FACILITIES USE LICENSE AGREEMENT

This License Agreement, made by and between Western Carolina University hereinafter called "the Institution" and _______________________________ hereinafter called "Licensee";

WITNESSETH:

THAT WHEREAS the Institution owns certain facilities as described in this License Agreement which, from time to time, are available for use; and

WHEREAS Licensee desires to use those premises for the purposes herein contained;

NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Institution and Licensee agree as follows:

1.0 License:

The Institution hereby grants permission to Licensee to use the following described facilities:________________________________________________________hereinafter "Facility," for the sole purpose of __________________________________________________ _____________________________________________________________________________.

2.0 Term:

2.1 Licensee shall be permitted to use the Facility on the following dates and times beginning _________________________, 20____ and ending ____________________, 20____:
_____________________________________________________________________________.

2.2 Time shall be of the essence of this License Agreement, and the time granted shall not be extended for the occupancy or use of the premises or for the installation or removal of equipment without the written permission of the Manager of the Facility (hereinafter referred to as "Manager"); and all additional time shall be paid for according to the schedule of fees as established from time to time by the Institution.

2.3 Nothing herein shall be construed as a promise or offer to enter into another Facilities Use License Agreement upon expiration of the Term set forth in paragraph 2.1. The institution may refuse to enter into any subsequent agreement at its sole discretion.

3.0 Fee:

3.1 Licensee shall pay the following fee ____________________________________
_____________________________________________________________________________.
Said fee is to cover all direct and indirect expenses for items such as heating, lighting, janitorial service and administrative expenses.

3.2 If no fee is charged in paragraph 3. 1, it is understood that waiver of said charges is predicated on the University not incurring expense for these services. If the University finds it necessary to incur such expenses, user accepts responsibility to pay the charges levied by the University for these services. It is further agreed that user will remove any litter from the area following each use of University facilities.

4.0 Supervision of the Facility:

4.1 Licensee agrees to supervise and be responsible for all of its activities associated with this agreement. The Institution does not relinquish the right to control management thereof, however, and to enforce all the necessary and proper rules for the management and control of the same. The Institution reserves the right to eject any objectionable person or persons from the Facility. The Institution also reserves the right at all times for any employees of the Institution to enter the premises.

4.2 Licensee must secure all doors when exiting the Facility. Failure to do so terminates this License Agreement.

4.3 In the event that this license is for the use of the swimming pool in either Reid Gym or Breese Gym, the Licensor agrees that it must provide one lifeguard who is currently certified by the Red Cross for every 35 people using the pool. The Licensee must also ensure that at least one volunteer parent, who is an Institution employee, is present and assisting in the supervision of the swimmers at all times. This License Agreement automatically terminates and permission to use the pool is automatically revoked if Licensee fails to provide the required lifeguard(s) or volunteer parent. If a key must be entrusted to the Licensee to properly secure the pool, the key must be turned in immediately by the volunteer parent at the conclusion of the pool's use to the equipment cage manager in Reid Gym, or if the equipment cage manager is unavailable, to the Health and Human Performance department secretary at 8:00 the following morning.

5.0 Damages:

If any of the Institution's buildings or equipment, or any portion thereof, or the grounds shall be damaged by the act or omission of Licensee, Licensee's agent, employees, patrons or any persons admitted to said premises by Licensee during the term of this License agreement, the Licensee shall pay to the Institution upon demand, such sum as shall be necessary to restore, repair or replace said premises to their original condition as determined by the Institution. Licensee hereby assumes full responsibility for the character, acts, and conduct of all persons admitted to the Institution's campus and the Facility or any portion of said premises and grounds by consent of the Licensee or with the consent of Licensee's employees or any person acting on behalf of Licensee.

6.0 Applicable Laws:

Licensee agrees to comply with all laws, ordinances and rules of Institution, the State of North Carolina and the United States, applicable to the use of said described facilities and to pay all taxes imposed by law in connection with its use and occupancy thereof. Licensee also specifically agrees not to unlawfully discriminate against any individual on the basis of race, creed, color, sex, religion, age, disability, or national origin, and to comply with all anti-discriminatory laws and policies which Institution promulgates and to which Institution is subject.

7.0 Advertising:

Licensee agrees that no advertising or other matter shall be placed or posted or distributed in or about Institution or announced or publicized over any loud speaker system without first having obtained the written permission of Manager. The Institution's name shall not be used to suggest co-sponsorship or endorsement of any activity, without prior written approval by the Manager.

8.0 Sales:

8.1 Licensee agrees that it will not distribute, or permit to be distributed in any manner, tickets in excess of seating capacity, nor admit a larger number of persons than can safely and freely move about in the space contracted for; and the decision of Manager with respect to questions raised under this paragraph shall be final.

8.2 Licensee agrees that it will not engage in, control or otherwise allow the sale and distribution of food, beverages or other concession items both in the Facility and on the Institution's grounds.

9.0 Alteration, Decorations, and Damage:

Licensee shall not injure, mar or in any way deface said premises and shall not cause or permit anything to be done whereby said premises shall be in any manner injured, marred or defaced and will not drive or permit to be driven, nails, hooks, tacks or screws into any part thereof and will not make or allow to be made any alterations of any kind therein.

10.0 Equipment:

Licensee agrees that it will not use Institution's equipment, tools or furnishings, located in or about described facilities, without first seeking and receiving the approval of Manager.

11.0 Additional Users:

Licensee understands and agrees that during the term of this Facilities Use License Agreement other events may be held in or near other parts of the described facilities not included in this Facilities Use License Agreement, and Licensee shall so conduct its activities so as not to interfere.

12.0 Violation:

If at any time the uses of the premises by Licensee violate an applicable ordinance or law of the county of Jackson, state of North Carolina or the United States of America, Licensee shall either cease and desist from continuing such use or surrender the premises forthwith upon demand of Manager.

13.0 Indemnification:

Licensee will indemnify and hold harmless Institution and its officers, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands, liabilities, causes of action, including without limitation any and all costs and expenses (including reasonable attorneys fees and expenses)imposed upon or asserted against the aforesaid indemnified parties in connection with investigating or defending such claim, demand, liability or cause of action, relating to or arising out of either Licensee's use of the Facility or the subject matter of this License Agreement.

14.0 Insurance:

Licensee agrees to obtain at its own cost and expense public liability insurance in the sum of not less than five hundred thousand dollars for each person injured or killed and property damage insurance in the sum of not less than one hundred thousand dollars for each occurrence; and Licensee shall, at the time of the execution of this agreement, furnish Institution with a copy of said policy or a certificate that such insurance has been issued, and Institution shall be named as an additional insured thereunder.

The Institution understands that public schools participating in the North Carolina School Board Trust cannot name the Institution as an additional insured under the Trust. The fact that the Institution may allow facility use under such circumstances does not relieve the user of any other obligations under this Agreement.

15.0 Non-assignment:

Licensee shall not assign or transfer this Facilities Use License Agreement or sublet any portion thereof without the written consent of Institution. Licensee herein is not the agent or employee of Institution.

16.0 Alcohol Use:

This License Agreement grants to Licensee no greater rights than expressly stated herein and specifically denies any right to Licensee of possession or occupancy which would be in violation of state law, rules and regulations, particularly with respect to the dispensing, use and consumption of alcohol and alcoholic beverages.

17.0 Waiver:

No delay or failure to enforce any provision of this Agreement shall constitute a waiver or limitation of rights enforceable under this Agreement.

IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement on this ______________day of ________________________________, 20____.