RAQs: Recently Asked Questions

Topic: Template Facility Use Agreemnet - 9/29/2020
Can you provide a template facility use agreement for renting or allowing community groups to regu...
Posted: Tuesday, September 29, 2020 Permalink

MEMBER QUESTION

Can you provide a template facility use agreement for renting or allowing community groups to regularly use space in a public or association library?

WNYLRC ATTORNEY'S RESPONSE

Yes, I can!  But first, a few caveats:

  • Any template contract is just a starting point.  Use a lawyer to generate a version of this document customized to your library. 
  • For any Organization that wants to use your library for a high-risk event (sports, concert with stage or sound equipment, large event open to the public, routine presence of children), whenever possible, additional review for insurance concerns and premises liability is wise.
  • When filling this out, always make sure the nature of the Organization is confirmed (individual, DBA, LLC, NFP, corporation, etc.), and you have confirmed they exist as stated. 
  • If the form shows that an activity requiring a professional license is going to happen (haircuts, massage, tax prep, legal clinic) obtain a copy of the insurance coverage for the professional activity and make sure it names your Library.
  • No political events should occur unless it is confirmed the arrangements conform to IRS and NYS Charities guidance.
  • A copy of the signed contract should be kept for 7 years (because the statute of limitations to sue on a contract is 6 years). 

 

ABC Library

FACILITY USE CONTRACT

This contract for facility use is between the ABC Library (the "Library") and INSERT NAME ("Organization") an [insert type organization/individual] ("Organization") with an address of [INSERT], for temporary use of [INSERT ROOM# or Description] in the Library (the "Space").

Details of Temporary Use

 

Date(s) and time(s) of use

 

 

NOTE:  If use is routine ("Every Monday in 2020") note the routine

 

 

 

Purpose of use (the "Event/s").  Please describe the activity to be conducted while you are using the Space.

 

 

 

 

 

Estimated maximum attendees

 

 

 

Will you bring in any contractors or third parties under contract for this event?

 

If so, you must provide the Library with a copy of the contract and they must name the Library on their certificate of insurance.

 

 

 

Please list any special details

 

 

 

Person from Organization who will oversee Organization's use of the Space (must be present at all times) and their back-up person

 

Name:

Cell number:

E-mail:

 

Name:

Cell number:

E-mail:

 

[If applicable]

 

Rental Fee on a per-use basis

 

NOTE:  If the use is charitable and the fee is to be waived, the use must not involve any political activity as defined by the IRS.

 

 

 

[If applicable]

 

Fee is payable to [INSERT] and shall be paid by:

 

 

 

Will minors unaccompanied by parents/guardians be attending the event at the Space?

 

If yes: does Organization have a policy barring abuse of minors, and requiring instances of abuse of minors in connection with Organization's programs to be reported to law enforcement within 24 hours?

 

 

 

Is Organization a chapter or affiliate of a larger organization?

 

If so, include larger organization's name.

 

 

 

Will the event involve food or the creation of materials to dispose of?

 

If yes, what time will clean-up, including removal of all trash and recycling generated by the event, be completed?

 

 

 

Organization's Library Contact (the person who will help them with any questions and address any concerns)

 

 

Name:

Email:

Cell:


Library Mission and Terms of Use


The ABC Library's mission is [INSERT].

As part of its mission, the Library requires that all people on Library property abide by all the Library's policies.  In addition, while using the Space, Organization and any person at the Space in affiliation with Organization must at all times follow the below rules, and any reasonable request of any Library representative.

Rules include:

No harassing, abusive, or demeaning activity directed at any person or the Space.

No contact that violates any applicable law or regulation.

In the event of an emergency at the Library, Organization shall abide not only by the reasonable request of any Library representative, but also any first responder assisting with the emergency.

In the event of any injury to any person, or incident of property damage while the Space is in use, Organization will immediately notify the Library Contact listed in the chart above immediately.  In the event of a crime or medical emergency, call 911.

Aside from those attending the event(s) in the Space sponsored by Organization, no filming or taking pictures of any individual in the library (visitor or employee) is allowed, without their express permission.

After use, the Space will be restored to the condition it was in prior to Organization's use, by the Organization, unless otherwise specifically confirmed with the Library Contact.

Organization will not promote the event using the Library/Space as the location until this contract is fully signed and (if applicable) Organization has paid the applicable Rental Fee.

Drafting note: if the Library does not own the building, add any other rules based on requirements in the lease.

Violation of any rules may result in the termination of this Contract with no refund, and denial of future use.

Emergency Cancellation

This Contract guarantees that Library will reserve the Space for Organization as set forth in the "Details" section, above. However, in the event the Library or a related entity experiences an emergency which, in the sole determination of the Library, requires the cancellation of the use (including but not limited to condition at the facility, weather emergency, or event requiring Library's emergency use of the space), Library shall notify Organization as soon as possible, and work with Organization to refund the fee or determine a new date, whichever is preferable.

Indemnification
To the greatest extent allowed by law, Organization hereby agrees to indemnify and defend and hold harmless the Library, its Board of Trustees, employees, agents, and volunteers, from any and all causes of action, complaints, violations, and penalties, and shall pay the cost of defending same, as well as any related fines, penalties, and fees, including reasonable attorneys' fees, related to Organization's use of the Space, including conduct by any third party or contractor present at the Space as part of the Event/s.

Insurance
Organization shall provide insurance meeting the requirements shown in exhibit "A."

Drafting Note/Instruction: the person at the Library organizing the contract will either select the default insurance requirement, which is the conventional insurance demand, or it shall be determined that no insurance is required.  For organizations conducting routine meetings, and especially if children are served by the Organization, the library's lawyer, and/or your insurance carrier will almost always advise insurance be required. 

Person signing for Organization
The person signing on the line below on behalf of organization is at least 18 years of age and has the power to sign for the Organization.
 

Venue for Dispute
This contract and any related action shall be governed according to the laws of the state of New York, and Venue for any dispute shall be INSERT county, New York.

Accepted on behalf of the Library:___________________     on:___________

                              Print name:__________________

 

 

Accepted on behalf of the Organization:___________________          on:___________

                              Print name:________________________
 

Tags: Association Libraries, COVID-19, Emergency Response, Meeting Room Policy, Policy, Public Libraries, Template

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