Facility Use Agreement

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Use of Facilities and Premises Agreement

This Use of Facilities and Premises Agreement is between [INSERT ORGANIZATION NAME] (“Organization”) and [INSERT USER GROUP] (“User”). The Agreement provides for [INSERT purpose of Agreement, areas to be used, etc.] according to Schedule A for an initial term of [INSERT starting and ending date]. In exchange for the use of Organization’s facilities and premises for the purposes outlined above and in accordance with Schedule A, User agrees to pay to Organization [INSERT payment structure—flat fee, rate per time, etc.]

IN CONSIDERATION of being permitted to utilize Organization’s facilities and premises for [INSERT purpose of Agreement], and FOR PAYMENT of the above cited use fees, User, for itself and all its officers, directors, employees, agents, representatives, and invitees, agrees and represents that it has or will inspect and carefully evaluate such facilities and premises prior to use. It is further warranted that use of Organization’s facilities and premises for [INSERT purpose of Agreement] by User constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully evaluated and that User finds and accepts same as being safe and reasonably suited for the purpose, use, or participation.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER ORGANIZATION FACILITIES OR PREMISES FOR ANY PURPOSE CONSISTENT WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO EVALUATION OR USE OF FACILITIES OR EQUIPMENT, USER HEREBY AGREES TO THE FOLLOWING:

1. USER HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Organization, its directors, officers, employees, volunteers, agents and representatives (“Releasees”) from all liability to User, its officers, directors, employees, agents, representatives, assigns, invitees, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to person or property or resulting in death of User, whether caused by the negligence of Releasees or otherwise while User or its employees, invitees, agents, or representatives are in, upon, or about the premises or using any facilities or equipment therein.
2. USER HEREBY AGREES TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS Releasees and each of them from any losses, liabilities, damages, costs, suits or demands they may incur arising from User’s operations at Organization’s premises, including but not limited to use of Organization’s equipment, premises or facilities, regardless of whether such harm is caused by the sole or partial fault of Releasees.
3. USER HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE that may be incurred arising from User’s operations at Organization’s premises, including but not limited to use of Organization’s equipment, premises or facilities, regardless of whether such harm is due to the sole or partial fault of Releasees,

USER further expressly agrees that the forgoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of [INSERT STATE] and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

IT IS FURTHER MUTUALLY AGREED between the parties that:

• User shall not violate any city, county, state, or federal law, ordinance or regulation in or about said premises.
• User shall not assign this agreement without written consent of Organization.
• User shall provide certificates of workers’ compensation insurance and of general liability and automobile liability insurance with limits of $1,000,000 that are updated annually and provide notice of cancellation.
• User shall name Organization as an additional insured on its general liability policy with annual verification and notice of cancellation.
• [INSERT ANY OTHER CONDITIONS, STIPULATIONS, ETC.]
• This agreement may be terminated at any time by either party by giving the other party thirty (30) days prior written notice.
• This agreement is the product of joint negotiation and drafting. No provision herein will be construed against either party on the basis that that party drafted the language in question.

USER HAS READ AND VOLUNTARILY SIGNS THE USE OF PREMISES AGREEMENT AND THE INCORPORATED RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducement inconsistent with the foregoing written agreement have been made.