1. The Board grants to the User the temporary use of the facilities described on the Application for Use of Facilities &/or Grounds, (hereinafter referred to as the "Application") attached hereto and made a part hereof for the purposes, dates, and times set forth on said application. Such use shall be in conformance with and subject to the Board's Policies, any Administrative Regulations developed pursuant to such policy, and School/Facility policies at each individual location.
2. User shall conform to the general conditions of use set forth in this Agreement and the additional conditions of use, and other matters, if any, set forth in the Application.
3. The Board prohibits User and any outside agencies from using the Board’s name, school name, mascots, logos, or any Board images, to imply connection to, or endorsement of User or their activities without express written consent and prior approval of its presentation.
4. This Agreement shall be deemed dated, and become effective, as of the date on which a duly authorized representative of the Board executes this Agreement, provided such date of execution is later than the date on which the User executes this Agreement.
5. This Agreement shall not be assignable or transferable in any manner without the express written consent of the Board.
6. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Board and the User.
7. The parties of this agreement acknowledge and agree that this agreement shall not be exclusive in any respect.
8. The User agrees to provide at its expense general liability coverage under an occurrence basis policy, with minimum limits of $I,000,000 per occurrence and $2,000,000 or more in aggregate, combined single limit covering bodily injury, property damage, personal injury, premises, operations, products, completed operations, independent contractors, and contractual liability. There shall be no exclusions for contracted liability. Coverage must be written by a carrier which has and maintains a rating of "A-"or better. The School Board of Clay County, Florida, shall be named as Certificate Holder and Additional Insured for claims arising out of any and all facility use under this policy and that the insurance is not cancelable without first giving thirty (30) days written notice to the Board.
9. The User fully understands, acknowledges and appreciates that despite the Board’s best reasonable efforts to mitigate all health and safety risks, there are known, unknown, and potential dangers while utilizing the Board’s facilities, services, equipment, personnel, etc. The dangers include, but are not limited to, the potential exposure, contraction, spreading, and infection of diseases and viruses.
10. User hereby agrees to hold harmless and indemnify the Board, its agents, and employees, from and against any and all losses, claims demands, penalties, judgments, court costs, attorneys' fees and liabilities of every other kind and nature in connection with, arising from, or related to User's use of the Board's facility, occupancy of the subject premises, installation, operation or maintenance of any fixtures or equipment in or upon the demised premises, or any negligence or fault of the User in failing to control, monitor or supervise any activity on the premises during the term of the lease of the premises hereunder.
11. Notwithstanding any other provision in this agreement, the User agrees to hold harmless and indemnify the Board from and against any and all losses, claims, demands, penalties, judgments, court costs, attorneys' fees and liabilities of every kind and nature whatsoever which may arise as a result of any employee, agent, member, guest, invitee, licensee or volunteer of the User causing any harm or violating any rights of the Board, or its agents, employees, or any student, parent, guardian, invitee, licensee, visitor or guest on or about the premises of any Board facility or who may otherwise be injured, including but not limited to injury to any civil right protected by law, as a result of or during any use of the facility by the User.
12. User will include language in its advertising, permission slips, waivers, etc. that expressly notifies and explains that the The School Board of Clay County, its agents, entities, and employees are not connected to the User’s activities and that the Board shall be released and held harmless from liabilities of every kind and nature in connection with, arising from, or related to User's use of the Board's facility.
13. The User agrees that it will cooperate with the Board, school principal, or designee (of either of them) when any of said Board representatives shall direct the User to remove any employee, agent, member, guest, invitee or licensee of the User from the facility. Such direction to remove may be given at the sole discretion of the Board or its designee so long as the Board or its designee has required the removal in the interest of the educational program, or the safety, health, welfare or security of any student, parent, guardian, guest, invitee, licensee, employee or agent of the Board, or the security and/or safety of the facility.
14. Risk of any loss to User's property shall be entirely upon User. User may not store any equipment, material or other matter in Board's facilities without express written approval from the Board or designee.
15. No equipment, material or other matter, which presents a health or safety hazard to persons or property, may be brought upon the Board's facility. The use of open flames, makeshift electrical wiring, flammable and/or caustic materials (and the like) are prohibited.
16. The use of any form of tobacco (including “vape” products), illegal drugs, liquor, profane language, obscene materials or acts, gambling or violence are prohibited.
17. Food or beverages may not be used without express written approval from the Board or designee.
18. User is not permitted to utilize stoves, ovens, microwave ovens, hot plates or any devices which have the potential to cause a fire on Board property.
19. Electrical equipment shall not be operated without express written approval from the Board.
20. Equipment, material, or other matter owned by the Board may not be used or removed without written approval from the Board.
21. Users, their agents, and their guest should have no expectations of Privacy while using the Board property.
22. All equipment, material, and other matter brought upon the facility by User shall be removed and the facility cleaned up and restored to the condition in which it was provided prior to the end of agreed use, unless the Board or designee expressly approves other arrangements in writing. At the Board’s discretion, and to safeguard the health and safety of all who enter or use our facilities, additional charges may be assessed for after-event deep cleaning and sanitation.
23. The Board requires an SBCC employee’s presence for entry, additional supervision, and to ensure User's compliance with this Agreement. A Police Officer may be deemed appropriate for the protection of the facility and other Board property. Every effort will be made by the site administrator to secure personnel for an approved event, but the Board and its entities do not and cannot accept responsibility for employees’ lack of participation, willingness or availability for supervision.
24. Additionally, User shall at all times provide sufficient self-supervision of its activities to ensure compliance with this Agreement.
25. Use of a facility may be terminated by the Board in the event of any emergency, force majeure, User’s breach of Agreement, or in the event that the facility is required for any Board or educational program, which cannot reasonably, be held at another time and place.
26. All persons using the Board's facility pursuant to the Agreement shall confine themselves to the area of the facility for which temporary use has been granted to User.
27. At no time shall the maximum capacity of the facility space be exceeded.
28. Pursuant to Section 790.06(12)(a), Florida Statutes, it is illegal for non-law enforcement officers to bring weapons onto SBCC property (even w/ concealed permit).
29. User will comply with all Federal, State, and Local laws, including any/all taxes payable to the government.
30. The User agrees that if the standard fee schedule changes during the period for use reserved hereunder, that any increased fees shall be due and payable at the time they become effective.
31. Prior to use of Board's facilities, User shall pay to Board the fees set forth in the Use Agreement & Fees. All payments will be made payable to “The School Board of Clay County” and received no less than five (5) business days prior to use.
32. User warrants that all information, including attachments to Application, and other statements or materials that User may have given the Board in connection with the Application, and subsequent Use Agreement, described is true, complete and correct.