BRAINERD PUBLIC SCHOOLS FACILITY USE AGREEMENT
Submitting this form with a signature at the bottom constitutes agreement with the following:
1. The issuance of an Estimate of Fees from the Community Education department constitutes approval of a rental request. The Estimate of Fees will include any rental and personnel fees the event or activity is expected to incur. Fees in addition to those reflected on the Estimate of Fees may be assessed as outlined in paragraphs 3, 5, 13 and 15. The user agrees to pay all fees Brainerd Public Schools assesses and invoices to the user.
2.The user agrees to pay a deposit of $500.00 for events and activities estimated to incur fees in excess of $5,000. The deposit will be applied to the balance of the invoice, provided that the facilities and equipment (as defined in Policy 902) used have been left in a clean and orderly condition and restored to the same condition as prior to use. If no balance remains on the invoice, the deposit will be refunded after the last date listed on the Facility Request Form, provided that the facilities and equipment used have been left in a clean and orderly condition and restored to the same condition as prior to use.
3. The user will only use those areas of the facilities specified on the Facility Request Form and as indicated on the Estimate of Fees, and the entrances to those areas. The user will only use the equipment specified on the Facility Request Form and as indicated on the Estimate of Fees. The user will only use said facilities and equipment on the dates and hours approved. Additional fees for use of additional space or personnel may be incurred by the user if the event or activity deviates from the terms stated on the Facility Request Form and the Estimate of Fees.
4. The user will not move any furniture or equipment without the approval or assistance of Brainerd Public Schools personnel. The user will ensure that any furniture and equipment moved during use of the facilities is replaced with the approval or assistance of Brainerd Public Schools personnel, that the facilities and equipment will be left in a clean and orderly condition, that proper care will be taken of the facilities and equipment during use and any damage from such use, whether caused by ordinary use, negligence, recklessness or the willfulness of the user, or the employees, volunteers, contractors, servants, agents or invitees of the user, or the participants in the event or activity, is repaired at the user’s own cost, including any replacement costs. The deposit referenced in paragraph 2 will be put towards the replacement/repair fees as applicable.
5. The user will be responsible for any fees Brainerd Public Schools assesses for damage to facilities and equipment, including for any custodial or staff member fees incurred. Additional set-up and clean-up fees may be assessed when appropriate as determined by Brainerd Public Schools. The user will be responsible for the additional fees assessed, including those for trash pickup.
6. If at any time paragraph 10 below is violated by the user, or the employees, volunteers, contractors, servants, agents or invitees of the user, or the participants in the event or activity, Brainerd Public Schools has the right, in its sole discretion, to immediately revoke approval for the event or activity specified above by providing verbal or written notice to the user.
7. The user agrees that Brainerd Public Schools and its board, employees, agents, and volunteers shall not be liable or responsible for damages for any personal injuries, deaths, damages or losses to any persons or property that may be suffered or sustained by the user, or the employees, volunteers, servants, contractors, agents, or invitees of the user, or the participants in the event or activity, or trespassers in, on or about the facilities during their use thereof.
8. The user agrees to indemnify, hold harmless, and defend Brainerd Public Schools, its board, employees, agents, and volunteers from and against any and all claims, demands, causes of action, lawsuits, liabilities, losses, costs, judgments, damages, deaths or injuries to persons or property, and expenses, including court costs and reasonable attorney’s fees, which are or may be imposed upon or incurred by or assessed against Brainerd Public Schools arising out of or relating to the use of Brainerd Public Schools facilities and equipment.
9. The user agrees: (a) to maintain insurance in an amount not less than $1,000,000 per occurrence / $2,000,000 aggregate for any claims whatsoever (including injury to persons or damages to property) arising out of the use of Brainerd Public Schools facilities and equipment by the user; (b) to name Brainerd Public Schools, its board, employees and volunteers as Additional Insureds under the policy; and (c) to provide a certificate of insurance to Brainerd Public Schools with the Facility Request Form. The user and Brainerd Public Schools agree that any insurance policies procured by the user that provide benefits or protection for Brainerd Public Schools shall be primary and that any policies procured by Brainerd Public Schools that might happen to provide protection or benefits to Brainerd Public Schools arising out of the user’s use of Brainerd Public Schools facilities and equipment shall be excess. The user waives all rights against Brainerd Public Schools, its board, employees, agents and volunteers for recovery of damages to the extent these damaged are covered by the insurance policy required of the user under this paragraph.
10. The user agrees that no hazardous materials including, but not limited to: flammable materials or liquids; fireworks, pyrotechnic devices or explosives; poisonous materials or materials/vapors that would set off the fire/smoke detectors; or plants, strong acids or caustics; or dangerous animals, will be brought onto or into the facilities or used in any way while occupying any portion of any Brainerd Public Schools facilities. Any request for an exception to this paragraph must be presented to and approved in writing by the Superintendent or Superintendent’s designee.
11. The user agrees that no amusement rides or attractions including, but not limited to: trampolines of any type; enclosed or air supported structures of any type; climbing walls/ropes; firearms or shooting activities; bow and arrow shooting activities; or equipment or devices related thereto, will be brought onto or into the facilities or used in any way while occupying any portion of any Brainerd Public Schools facilities. Any request for an exception to this paragraph must be presented to and approved in writing by the Superintendent or Superintendent’s designee.
12. The user must give written notice to Brainerd Public Schools of any accident or incident resulting in bodily injury or damage to facilities or equipment of Brainerd Public Schools or property of others occurring on or in Brainerd Public Schools facilities or in any way connected with the use of Brainerd Public Schools facilities or equipment within 24 hours of the accident or incident. The notice must include details of the time, place, circumstances, the names and addresses of any person(s) witnessing the accident or incident.
13. Brainerd Public Schools technology equipment is not to be moved or tampered with in any way. All Brainerd Public Schools equipment must be operated by a trained and certified staff member, the cost of which will be assessed to the user. Pre-event technology checks must be scheduled with District Technology staff 72 hours in advance of an event. Upon completion of an event, all equipment settings must be returned to default position. All Brainerd Public Schools equipment must be returned in complete working order or damages will be assessed. District Technology staff will not supply cables, microphones, display adapters or any other auxiliary equipment for users choosing to bring in their own equipment. In the event the user brings in other equipment, all Brainerd Public Schools control equipment must be left in place and may not be disconnected for the purpose of said use (e.g., sound and light boards, projectors, etc.).
14. The user agrees to follow the rules and regulations for facility and equipment usage stated in Brainerd Public Schools Policy 902: Use of School District Facilities and Equipment, Appendix A to Policy 902, and, if applicable, the Concessions Request Form and accepts the conditions stated therein.
15. After the last date listed on the Facility Request Form, the Community Education department will compile the rental and personnel fees incurred (and any additional fees for use of additional space or personnel incurred if the event or activity deviates from the terms stated on the Facility Request Form and the Estimate of Fees; any fees for damage to school facilities and equipment, including any custodial or staff member fees incurred; and any additional set-up and clean-up fees, including those for trash pickup) and invoice the user. The user agrees to pay the amount stated on the invoice to the Community Education department within 45 days of receipt unless alternate arrangements were made prior to the issuance of the Estimate of Fees. Failure to remit payment for invoices may result in the revocation or denial of approval for future events and activities.
16. The user may cancel an event or activity without penalty provided notice is given to the Community Education department at least one business day before the start date of the scheduled event or activity. Failure to timely notify the Community Education department of a cancellation will result in an invoice for fees listed on the Estimate of Fees.
17. When a snow day, other weather-related emergency, or an event beyond reasonable district control closes part of or the entire district, all facilities and equipment use will be cancelled for the duration of the closure or until the Superintendent or designee authorizes commencement of such use in the sole discretion of the school district. The Community Education office will make reasonable attempts to reschedule once school reopens, if possible and appropriate under the circumstances.
18. Brainerd Public Schools has the right to revoke approval for events and activities issued more than one calendar year in advance if the event or activity will conflict with school activities. The Community Education department will make reasonable attempts to offer an appropriate alternative location or schedule, if possible and appropriate under the circumstances.
19. The administration of Brainerd Public Schools may cancel or revoke approval for events and activities at any time when determined by the Superintendent or designee to be in the best interest of the district. When this occurs, fees charged to the user shall be refunded and reasonable attempts will be made to offer alternative space, if possible and appropriate under the circumstances.
By signing below, I acknowledge that I have read this agreement and understand and intend to be legally bound by the terms and conditions of this agreement and for the party, group, organization, or business on whose behalf I am signing to be legally bound by the terms and conditions of this agreement. I warrant that I have the full authority to execute this agreement and to bind the party, group, organization, or business on whose behalf I am signing. In addition, I ensure that representatives from the above group, organization, business, auxiliary people and production crews accept responsibility for observance of the rules and regulations for school district facility and equipment usage stated in Brainerd Public Schools Policy 902: Use of School District Facilities and Equipment and its attachments.
